Council Minutes from 11/12/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, NOVEMBER 12, 2003.� COUNCIL PRESIDENT KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:10 P.M. showed the following Council Members present:� Carmela Colosimo, Gregg David, Kathi Fiamingo, Alan Jankunas, and Robert Taylor.� Mayor Tripodi and Councilman Galasso were absent.

Acting Mayor Fiamingo read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Fiamingo.

MINUTES

It was moved by David, seconded by Colosimo and carried, that the minutes of the Work Session Meeting of October 21^st and the Regular Meeting of October 22, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

HEARING ON YEAR XXX COMMUNITY DEVELOPMENT GRANT APPLICATIONS

The following applications are being submitted:

Elevator Improvement at the Kenilworth Fire Department
Funding for the following: Senior Citizen Program Director, Handyman Program, Senior Citizen Transportation Program and Health Department for a Chronic Illness Program

Acting Mayor Fiamingo opened the meeting to the public for any questions or comments on the Year XXX Community Development Grant Applications.

No one from the public desired to heard,� Acting Mayor Fiamingo closed the meeting to the public.

It was moved by Colosimo, seconded by Taylor and carried, that the Borough of Kenilworth formally endorses the above listed applications for the year XXX Community Development Grant funding and authorizes submission of the same.� Council �all in favor�.

SPECIAL PRESENTATION

Police Chief William Dowd made a presentation to Detective Lt. Richard Dopf upon his retirement.� Chief Dowd states he was been an asset to the Borough for 26 years and will be greatly missed.� Detective Lt. Dopf was presented with an appreciation plaque.

COMMUNICATIONS AND PETITIONS

Letter from Jacqueline Fidurski, 590 Richfield Avenue, asking for help with parking problems by her home.
Letter from Frances Duffy, 322 Ashwood Avenue, complaining about dumping at the end of her street and asking that a �No Dumping� sign be put at that location.
Notice of Public Hearing from the County of Union regarding the diversion of Green Acres property by replacing outflows for storm sewers into the Rahway River in Cranford.� Hearings to be on November 20, 2003 in Cranford at 7 P.M. and on

December 4, 2003 at the County Freeholders Room at 7 P.M.

REPORTS

Police Department Report for the month of October, 2003.
Construction Department Report for the month of October, 2003.
Borough Clerk�s Report for the month of October, 2003.
Rahway Valley Sewerage Authority minutes for meeting of September 24^th .
Board of Education minutes for meeting of September 2^nd& September 8^th.

It was moved by David, seconded by Taylor and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor Tripodi absent, nothing to report.

DEPARTMENT OF FINANCE

Acting Mayor Fiamingo reported the submission of the Community Development applications.

�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported leaf collection began the week of November 3^rd.� He asked that the residents be patient; their leaves will be collected.� There has been discussion on entering into a three year bulky waste agreement with Rahway DPW for the same cost as last year.

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso absent, nothing to report.

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman David reported the Planning Board Secretary has received an increase in compensation due to no increase for many years and more work responsibilities.

DEPARTMENT OF RECREATION, LIGHTING, FIRE AND ECOLOGY

Councilwoman Colosimo made a motion to replace vacancies in the Recreation Department.� Bob Herbert replacing Madonna Bogus for a term expiring 12/31/05. Tim Carbone replacing Scott Van Pelt for a term expiring 12/31/04.� A formal resolution (retroactive to 11/12/03) to be on the December 10, 2003 council meeting agenda.�

It was moved by Acting Mayor Fiamingo, seconded by Jankunas and carried, that the vacancies be filled.

�

Councilwoman Colosimo reported the Halloween parade was a success.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Councilman Taylor reported the Library is looking into a Shakespeare production for next year possibly 2/14/04 & also Spring or Summer in front of Borough Hall.� He will keep us updated as he hears more about this program.� Local Assistance Board is in need of volunteers for the Salvation Army kettle in front of the A & P for Saturdays after Thanksgiving & for Christmas.� Anyone interested can contact Paulette Drogon.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 � 13 listed below are on the Consent Agenda and will be enacted by one motion in the form listed below.� All items will be recorded individually in full in the minutes.

Acting Mayor Fiamingo moved that all items under Consent Agenda be approved, seconded by Council Member Jankunas.� Upon roll call the vote was unanimous.

RESOLUTION NO. 1

Be It Hereby Resolved:�� That all bills be paid when properly audited and funds are available.

RESOLUTION NO. 2

Be It Hereby Resolved:�� That the Chief Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on December 10, 2003.

RESOLUTION NO. 3

Resolution appears on the following page. �� (Refund a Water Heater Pick-up Permit Fee in the amount of $25.00 as it was not used.)

RESOLUTION NO. 4

Be It Hereby Resolved:�� That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad be granted an expense allowance in accordance with the report submitted by the Fire Chief, Lewis Giordino, in the aggregate amount of $60,729.20.� Employees marked with an asterisk will be paid through payroll.

RESOLUTION NO. 5

Resolution appears on the following page.�� (Tax Collector authorized, upon receipt of a $100 fee per certificate, to issue a Certificate of Redemption for a misplaced Tax Certificate.)

RESOLUTION NO. 6

Resolution appears on the following page.�� (Tax Collector authorized, upon receipt of a $100 fee per certificate, to issue a Certificate of Redemption for a misplaced Tax Certificate.)

RESOLUTION NO. 7

Resolution appears on the following page.�� (Tax Collector to remove Senior Citizen/Surviving Spouse tax deductions for Tax Year 2002 on listed properties as they no longer qualify and to further bill the properties.)

RESOLUTION NO. 8

Resolution appears on the following page.� (Treasurer authorized to refund an overpayment of

2003 taxes on property at 364 Franklin Avenue due to a 100% disabled Veteran status - $2459.40.)

RESOLUTIONS (CONT)

RESOLUTION NO. 9

�Resolution appears on the following page.�� (Tax Collector to remove Senior Citizen/Surviving

Spouse Deductions for Tax Year 2003 on listed properties and to further bill these properties.)

RESOLUTION NO. 10

Resolution appears on the following page.�� (Treasurer authorized to cancel taxes for Year 2003�

for property located at 762 Vernon Avenue due to a 100% disabled Veteran exemption - $2926.31.)

RESOLUTION NO. 11

Resolution appears on the following page.�� (Budget Transfers)

RESOLUTION NO. 12

Resolution appears on the following page.�� (Capital Budget Amendment)

RESOLUTION NO.13

Resolution appears on the following page.�� (Liquor License Transfer � E.J.�s Grille, Inc. to Gilmayo, Inc.)

RESOLUTION NO. 14

Be It Hereby Resolved:�� That the Mayor�s appointment of Nick Andriola as an Alternate School Crossing Guard as of November 17, 2003, be and the same is hereby confirmed.

RESOLUTION NO.15

Be It Hereby Resolved:�� That Patricia Howarth be reassigned to the Borough Clerk�s Office as Purchasing/Acct. Clerk as of December 1, 2003.

Proposed Ordinance 2003-14 was read for a second reading as follows:� (copy appears in minutes of October 22, 2003)

�� ORDINANCE NO.2003-14

ORDINANCE AMENDING CHAPTER 190-25.3 OF THE CODE OF THE BOROUGH OF KENILWORTH � PERMIT PARKING

Acting Mayor Fiamingo opened the meeting for any questions or comments on Proposed Ordinance No. 2003-14.

No one desiring to be heard, Acting Mayor Fiamingo closed the meeting to the public.

RESOLUTIONS & ORDINANCES (CONT.)

RESOLUTION NO. 16

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-14, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Fiamingo and on roll call unanimously carried.

Proposed Ordinance 2003-15 was read for a second reading as follows:� (copy appears in minutes

of October 22, 2003)

ORDINANCE NO. 2003-15

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH � HANDICAPPED PARKING ZONES.

Acting Mayor Fiamingo opened the meeting for any questions or comments on Proposed Ordinance No. 2003-15.

No one desiring to be heard, Acting Mayor Fiamingo closed the meeting to the public.

RESOLUTION NO.17

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-15, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Fiamingo and on roll call unanimously carried.

Proposed Ordinance 2003-16 was read for second reading as follows:� (copy appears in minutes

of October 22, 2003)

ORDINANCE NO. 2003-16

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH � FEES FOR VIOLATIONS.

Acting Mayor Fiamingo opened the meeting for any questions or comments on Proposed Ordinance No. 2003-16.

No one desiring to be heard, Acting Mayor Fiamingo closed the meeting to the public.

RESOLUTIONS & ORDINANCES (CON�T)

RESOLUTION NO.18

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-16, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Fiamingo and on roll unanimously carried.

Proposed Ordinance No. 2003-17 was read for a first reading as follows:� (Copy attached)

ORDINANCE 2003-17

A BOND ORDINANCE AUTHORIZING VARIOUS IMPROVEMENTS IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $135,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $128,250 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Acting Mayor Fiamingo stated the Ordinance allows reconstruction of North 21^st Street & Halsey Street.

RESOLUTION NO.19

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That proposed Ordinance No. 2003-17, be and the same is hereby passed on first reading and ordered published for final hearing on December 10, 2003.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2003-18 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO.2003-18

AN ASSESSMENT BOND ORDINANCE AUTHORIZING LOCAL IMPROVEMENTS CONSISTING OF THE CONSTRUCTION OF 1260 LINEAR FEET OF NEW CURBS ALONG NORTH 21^ST STREET, FROM WASHINGTON AVENUE TO MONROE AVENUE, AND 500 LINEAR FEET OF NEW CURBS ALONG HALSEY STREET, FROM NORTH 12^TH STREET TO NORTH 13^TH STREET, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN

RESOLUTIONS & ORDINANCES (CON�T)

AGGREGATE AMOUNT OF $30,000 THEREFOR, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $28,500 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR

NOTES TO FINANCE PART OF THE COST THEREOF AND DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF.

Acting Mayor Fiamingo stated this Ordinance allows curb assessments along North 21^st Street & Halsey Street.

RESOLUTION NO. 20

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:� That proposed Ordinance No. 2003-18, be and the same is hereby passed on the first reading and ordered published for final hearing on December 10, 2003.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2003-19 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2003-19

AN ORDINANCE AMENDING ORDINANCE NO. 2003-11 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEE OF THE BOROUGH OF KENILWORTH.

RESOLUTION NO. 21

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-19, be and the same is hereby passed on first reading and ordered published for final reading on December 10, 2003.

GENERAL BUSINESS

Acting Mayor Fiamingo congratulated Gregg David, Carmela Colosimo & Fred Soos on their campaign victory.

Councilman David congratulated Detective Lt. Dopf on behalf of the Borough for his 26 years of service, he will be greatly missed.� Councilwoman Colosimo stated she worked with Lt. Dopf on the Drug Alliance and he is truly committed to the Borough.�

Acting Mayor Fiamingo congratulated the new owners of E.J.�s Grille and welcomed them to Kenilworth.

MEETING OPEN TO THE PUBLIC

Herb Michitsch, Monmouth Avenue, asked what the curb assessment is per linear foot?

Acting Mayor Fiamingo said it was $11.00 per linear foot.

Mr. Michitsch asked why leaf collection has not started at District 3?

Councilman Jankunas said that leave collection just started on November 3^rd and it will take time to get around the entire town.� He will check when District 3 is scheduled for collection.�

Mr. Michitsch asked if leaves can be bagged & dropped off at the yard?

Acting Mayor Fiamingo stated that the DEP does not allow us to store leaves at the yard or we could be fined.

Mr. Michitsch asked for a solution so that some streets are not picked up twice while others haven�t been picked up at all.

Councilwoman Colosimo agreed it should be looked into.

Jacqueline Fidurski, Richfield Avenue, commented that she never heard back from Councilman Galasso regarding her parking problem.� Commuters have been parking by her home waking her up & blocking her driveway.� She�s requesting permit parking on her block.�

Acting Mayor Fiamingo said the Chief of Police has sent someone out to investigate and it shall remain status quo. Our traffic experts recommend no changes be made.

Livio Mancino, North 24^th Street, commended Kathi Fiamingo for the time spent on her campaign.��

Mr. Mancino stated that the two traffic lights by Schering Plough are a safety hazard.�

Acting Mayor Fiamingo said that needs to be addressed with the Union Police Department.

Mr. Mancino suggested an ordinance be passed prohibiting parking or standing by tractor trailers for more than two hours at Restaurant Depot.

Mr. Mancino suggested putting leaves in barrels & either dropping them off or having them picked up by the DPW.

ADJOURNMENT

There being no further business to come before the Council, it was moved by David, seconded by Colosimo and carried, that the meeting be adjourned to the call of the chair.

8:45 PM

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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