Council Minutes from 12/10/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, DECEMBER 10, 2003.� MAYOR MICHAEL TRIPODI PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Carmela Colosimo, Gregg David, Kathi Fiamingo, Ed Galasso, Alan Jankunas, and Robert Taylor.

Mayor Tripodi read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Tripodi.

MINUTES

It was moved by Fiamingo, seconded by Colosimo and carried, that the minutes of the Work Session Meeting of November 12^th� and the Regular Meeting of November 12, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

PRESENTATIONS

Mayor Tripodi presented the checks to the following Halloween House Decorating Contest winners:

�� District #1 � Frank & Doreen Myers, 22 Dorset Drive

�� District #2 � Glenn & Jennifer Wetzel, 302 No. 17^th Street (not present)

�� District #3 � Eleanor Combs, 722 Clinton Avenue

�� District #4 � Rosalie Metta, 302 Faitoute Avenue

�� District #5 � Anthony Laudati & Susan Hambrock, 2 Tulip Court (not present)

�� District #6 � Patricia Halle, 636 Jefferson Avenue (not present)

Mayor Tripodi congratulated the winners and thanked the residents for participating. He also announced the Holiday Decorating Contest will be judged next week.� Mayor Tripodi called forward Chief William Dowd and� Michael Scanielo who will replace retiree Detective Richard Dopf. He presented Michael Scanielo with Resolution No. 6. (Appointing Michael Scanielo as a Probationary Patrolman in the Kenilworth Police Department)� Chief Dowd stated that there were many applicants & Mr. Scanielo was the best candidate and will be a welcomed addition to the department.� Mayor Tripodi called forward Paulette Drogon- Drug Alliance Coordinator to present Michelle DeRocco with Resolution No. 17. (Commending Michelle DeRocco on her award as �Kenilworth Alliance Volunteer of the Year�)

Michelle DeRocco thanked the Alliance for the honor and also Paulette Drogon for running the committee which is needed by our children and families in town.�

Councilwoman Fiamingo presented Mayor Tripodi with a plaque & resolution on behalf of all its citizens, commending him for his years of dedicated service and further wishing him well in all his future endeavors.�

��

COMMUNICATIONS AND PETITIONS

Letter from Frank & Patti Mascara, 379 Boulevard, requested that Sgt. Grady send a letter to NJ Transit regarding the elimination of a bus stop at 379 Boulevard.
Letter from Michael Klein, 245 No. 9^th Street, complaining about the sounds of gunfire from the Union Township Police Shooting Range and asking Council to take some action with Union on this matter.
Letter from Mildred Galasso, 608 Bloomingdale Avenue, commending Police Officers Giacolone and Campanelli on their quick and professional response to an attempted break-in at her home.

REPORTS

Municipal Court Report for the month of October, 2003.
Police Department Report for the month of November, 2003.
Construction Department Report for the month of November, 2003.
Borough Clerk�s Report for the month of November, 2003.
Rahway Valley Sewerage Authority minutes for meeting of October 23, 2003.
Board of Education minutes for meeting of October 7 and 14, 2003.

It was moved by Galasso, seconded by Fiamingo 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 reported that the Borough of Kenilworth was awarded $75,000 towards the 2004 Statewide Local Domestic Preparedness Equipment Grant Program. The grant will go towards Police & Fire equipment.� He thanked the Police Department, Lt. O�Malley and Chief Giordino for completing and submitting the grant application.� The committee plans to ratify the Smart Growth Plan at the meeting of December 22,2003.� The Mayor would like to congratulate Mayor elect Gregg David, Councilwoman Colosimo & Councilman elect Soos as they begin their terms in January.

DEPARTMENT OF FINANCE

Mayor Fiamingo reported the final payment was made on the Waldorf judgment this week. We have second reading on Ordinances for No. 21^st Street & Halsey Street and also providing compensation for a Borough employee.� Councilwoman Fiamingo gave her thanks for serving as Finance Chair for the past three years.��

�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported DPW is working on leaf & snow removal.� The storm has cost the Borough $8300 in overtime. We used approximately 81 tons of rock salt in the storm.

The Borough will enter into a 3 year contract with Rahway for our bulky waste pick up.� They discussed with Rahway a later pick up in April instead of March.� They chose April 14^th for one side of town and April 21^st for the other side of town.

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso received the Chief�s report for the month of November.� The construction in the detective bureau is progressing with the flooring scheduled to be completed before the holidays. �The Police Chief attended the League of Municipalities Conference in Atlantic City.� A local business involved in an armed robbery has hired off duty police officers for an indefinite time period.� Councilman Galasso would like to wish the entire Governing Body a happy and safe holiday season.� He also praised Mayor Tripodi for his many years of service and success in his future endeavors.

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman David reported the Planning Board meeting is scheduled for December 18^th due to the holiday.

DEPARTMENT OF RECREATION, LIGHTING, FIRE AND ECOLOGY

Councilwoman Colosimo reported the tree lighting scheduled for December 6^th was cancelled due to the snow.� The Fire Department is going around town with Santa distributing presents. Councilwoman Colosimo congratulated the Mayor & Colleen on their marriage and also for his dedication & commitment to the Borough for eleven years.� On behalf of the Council & Residents of Kenilworth, we thank you.� Councilwoman Colosimo also thanked Councilwoman Fiamingo for her three years of dedication & commitment on Council.�� Lastly, she wished all a happy & safe holiday.

�

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Councilman Taylor noted that the Library Board meeting is scheduled for December 11^th� and the Board of Health meeting is scheduled for December 17^th.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 � 23 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.

Introduced by Council Member Jankunas moved that all items under Consent Agenda be approved, seconded by Council Member Fiamingo.� 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 in 2004.

RESOLUTION NO. 3

Be It Hereby Resolved:�� That the attached list of Retirees be reimbursed for their payments

for Medicare coverage from July 1, 2003 to December 31, 2003 inclusive, in accordance with

Chapter 231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 4

Be It Hereby Resolved:�� That the appointments to the Recreation Committee, made by voice motion at the Council Meeting of November 12, 2003, be confirmed as follows:

�� Kelly Clementi - replacing Madonna Bogus for a term expiring 12/31/05

�� Tim Carbone � replacing Scott Van Pelt for a term expiring 12/31/04

�� Bob Herbert � Alternate #1, replacing Kelly Clementi for a term expiring 12/31/03

RESOLUTION NO. 5

Be It Hereby Resolved:�� That Janet Murphy receive an increase of $50 per meeting,

retroactive to the November 25, 2003 Meeting, for her duties as Planning Board Recording

Secretary.

RESOLUTION NO. 6

Be It Hereby Resolved:�� That the appointment of Michael Scanielo as a Probationary

Patrolman of the Borough of Kenilworth for a probationary period of one year effective

January 5, 2004, be and the same is hereby confirmed.

CONSENT AGENDA (CONT.)

RESOLUTION NO. 7

Be It Hereby Resolved:�� Whereas, an overpayment has occurred on property located at

762 Vernon Avenue and known as Block 157 Lot 9 in the Borough of Kenilworth, County

of Union, NJ due to exemption for 100% disabled veteran status, and��

�� Whereas, this overpayment was made by the property owner

Lueddeke, Wm.

�� Now, Therefore, Be It Resolved that the Treasurer after proper

notation by the Collector of Taxes on the tax account record be and is hereby authorized to

issue a warrant for refund of overpayment as stated below payable to:

��

�� Lueddeke, Wm., Sr., & Mary Ann

�� 2003 4^th Qtr.

�� Total to refund $1523.00

RESOLUTION NO. 8

Be It Hereby Resolved:�� Whereas, it has been found that payment of 2003 fourth quarter tax has been made in error on the following properties,

�� Now, Therefore Be It Resolved that the Treasurer after proper notation

on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.

�� Block�� Lot�� Payable to:�� Amount

�� 93�� 14�� GMAC Mortgage�� $1201.90

�� 3451 Hammond Ave

�� Waterloo,� IA� 50702

�� Attn: Tax Dept.

�� 172�� 5�� First American R.E. Service �� $818.30

�� 95 Methodist Hill Drive

�� Suite 100

�� Rochester, NY� 14623

��

RESOLUTION NO. 9

Resolution appears on the following page.�� (Tax Collector to refund tax overpayment for

those granted Senior Citizen & Veteran deductions for 2003.)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 10

Be It Hereby Resolved:�� Whereas, it has been found that payment of 2003 fourth quarter tax has been made in error on the following properties,

�� Now, Therefore Be It Resolved that the Treasurer after proper

notation on the tax account records by the Collector of Taxes be and is hereby authorized to

issue warrants for refund as stated below.

�� Block�� Lot�� Payable to:�� Amount

�� 8�� 10.01�� Timothy Shea�� $1706.59

�� 34 Brasser Lane

�� Kenilworth, NJ� 07033

RESOLUTION NO. 11

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

RESOLUTION NO. 12

Be It Hereby Resolved:�� That the request of Walter Krieck, Driver, D.P.W. to take unpaid time-off for a two week period from December 18, 2003 through December 31, 2003 be approved.

RESOLUTION NO.13

Be It Hereby Resolved:�� That the Preventative Maintenance/Service Contract for the Municipal

Building HVAC System with CorrecTemp, due to expire on December 31, 2003, be extended to March 31, 2004.

RESOLUTION NO. 14

Resolution appears on the following page.�� (Tax Sale Redemption)

RESOLUTION NO.15

Be It Hereby Resolved:�� Whereas, it has been found that payment of 2002 year end penalty has been made in error on the following property.

�� Now, Therefore Be It Resolved that the Treasurer after proper notation

on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.

CONSENT AGENDA (CONT.)

�� Block�� Lot�� Payable to:�� Amount

�� 174�� 1�� Crusader Servicing Corp.�� $1352.94

�� 179 Washington Lane

�� Jenkintown, PA� 19046

RESOLUTION NO. 16

Resolution appears on the following page.� (Supporting the adoption of S-1920 & A-2263)

RESOLUTION NO. 17

Resolution appears on the following page.� (Commending Michelle De Rocco on her award

�� as �Kenilworth Alliance Volunteer of the Year�)

RESOLUTION NO. 18

Be It Hereby Resolved:�� That the Interlocal Services Agreement with the City of Rahway for

Type 13 Bulky Waste Pickup and Disposal for the years 2004, 2005 and 2006 be ratified and that

the Mayor and Borough Clerk be authorized to sign said Agreement.

RESOLUTION NO. 19

Be It Hereby Resolved:�� That Borough Attorney Harvey Fruchter be authorized to file and

prosecute an appeal in the railroad reactivation matter and to withdraw any remaining

counts in the matter before the trial court.

RESOLUTION NO.20

Be It Hereby Resolved:�� That Kathleen Switek be employed as Assistant Treasurer in the Tax and Finance Department at a salary of $34,500. per year as of January 12, 2004 and subject to a six (6) month probationary period.

RESOLUTION NO.21

Be It Hereby Resolved:�� That Paulette Drogon work temporarily for the month of December in the Tax and Finance Office at a rate of $10. per hour.

RESOLUTION NO.22

Resolution appears on the following page. �(Opposing any proposed increase in the NJ State

�� gasoline tax)

RESOLUTION NO.23

Resolution appears on the following page.� (Commending Mayor Tripodi for his years of

�� dedicated public service)

RESOLUTIONS & ORDINANCES

Proposed Ordinance No. 2003-17 was read for second reading as follows:� (Copy appears in the

�� minutes of November 12, 2003)

�� ORDINANCE NO. 2003-17

AN 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.

Mayor Tripodi explained that this ordinance is to fund a capital improvement on� North 21^st Street & Halsey Street.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-17.

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

RESOLUTION NO. 24

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-17, 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 No. 2003-18 was read for a second reading as follows:� (Copy appears in

�� the minutes of November 12, 2003)

�� 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 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.

RESOLUTIONS AND ORDINANCES (CONT.)

�

Mayor Tripodi explained� this Ordinance allows curb assessments along North 21^st Street & Halsey Street.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-18.

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

RESOLUTION NO. 25

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:� That proposed Ordinance No. 2003-18, be and the same is hereby passed on the second and final reading and ordered published according to law.

Seconded by Fiamingo and on roll call unanimously carried.

Proposed Ordinance No. 2003-19 was read for second reading as follows: (Copy appears in the

�� minutes of November 12, 2003)

�� ORDINANCE NO. 2003-19

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

Mayor Tripodi explained this is an adjustment for our salary ordinance specifically relating to the Purchasing/Accounting Clerk.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-19.

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

RESOLUTION NO. 26

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That proposed Ordinance No. 2003-19, be and the same is hereby passed on the second and final reading and ordered published according to law.

Seconded by Fiamingo and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Fiamingo wishes everyone a happy holiday.� She commended Michelle De Rocco for being named Kenilworth Alliance Volunteer for 2003.� Councilwoman Fiamingo said it was a pleasure working with her colleagues.

Councilwoman Colosimo commended Michelle De Rocco on her volunteer service for the Borough.� She congratulated Michael Scanielo who was appointed Patrolman for the Police Department.�

Councilman Jankunas congratulated Mayor Tripodi for his eleven years of service & continued success in the future.� He also wished everyone a happy holiday.

Councilman Taylor recognized Mayor Tripodi & Councilwoman Fiamingo for their commitment to the Borough and best wishes with their future endeavors.

Councilman Galasso congratulated & welcomed Mayor elect David, Councilwoman Colosimo & Councilman elect Soos on their victory.� He also stated that the Borough will miss Councilwoman Fiamingo.� Councilman Galasso said it was an honor to serve for so many years with Mayor Tripodi.�

�Councilman David congratulated Mayor Tripodi & Colleen on their marriage.� On behalf of the residents thanked Mayor Tripodi & Councilwoman Fiamingo for their years of service to the Borough.� Best wishes to both of them and a happy & healthy holiday to all.

Mayor Tripodi thanked fellow Mayor Dave Wright from Winfield Park for attending.� The Mayor appreciates those who came and thanked those he served with while in office.� He also thanked all the dedicated Borough employees.� Hats off to his family and wife, Colleen.� Mayor Tripodi wished all a happy holiday.

MEETING OPEN TO THE PUBLIC

Charles Vitale reminded everyone the planning board meeting is scheduled for December 18^th.� He congratulated all the Council for their service to the Borough.� Special thanks to Mayor Tripodi & Councilwoman Kathi Fiamingo.� Merry Christmas to all.

Joanne Dillon has submitted the latest Transportation Advisory minutes.� She thanked Mayor Tripodi, Councilwoman Fiamingo and the rest of the Council for their dedication to her cause.�

Ms. Dillon congratulated Councilman David, Councilwoman Colosimo & Council elect Fred Soos and is looking forward to working closely with them next year.�

Mayor Tripodi commended Councilwoman Fiamingo for all she has done for the community and she will be truly missed.

ADJOURNMENT

There being no further business to come before the Council, it was moved by David, seconded by Taylor 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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ROLL CALL

MINUTES

PRESENTATIONS

COMMUNICATIONS AND PETITIONS

REPORTS

REPORT OF COMMITTEES

MAYOR�S REPORT

DEPARTMENT OF FINANCE

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF RECREATION, LIGHTING, FIRE AND ECOLOGY

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

BILLS

CONSENT AGENDA

RESOLUTION NO. 1

RESOLUTION NO. 2

RESOLUTION NO. 3

RESOLUTION NO. 5

RESOLUTION NO. 6

CONSENT AGENDA (CONT.)

RESOLUTION NO. 7

RESOLUTION NO. 8

RESOLUTION NO. 9

CONSENT AGENDA (CONT.)

RESOLUTION NO. 10

RESOLUTION NO. 11

RESOLUTION NO. 12

RESOLUTION NO.13

RESOLUTION NO. 14

Be It Hereby Resolved:�� Whereas, it has been found that payment of 2002 year end penalty has been made in error on the following property.

����� Now, Therefore Be It Resolved that the Treasurer after proper notation

RESOLUTION NO. 17

RESOLUTION NO. 18

RESOLUTION NO. 19

RESOLUTION NO.20

RESOLUTION NO.21

RESOLUTION NO.22

RESOLUTION NO.23

RESOLUTIONS & ORDINANCES

Proposed Ordinance No. 2003-17 was read for second reading as follows:� (Copy appears in the

RESOLUTION NO. 24

RESOLUTION NO. 25

RESOLUTION NO. 26

GENERAL BUSINESS

MEETING OPEN TO THE PUBLIC

ADJOURNMENT

�� Now, Therefore Be It Resolved that the Treasurer after proper notation