REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JANUARY 28, 2004.� MAYOR GREGG DAVID.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:�� Carmela Colosimo, Fred Soos,� and Robert Taylor.� Peter Corvelli, Ed Galasso and Alan Jankunas were absent.

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

The Salute to the Flag was led by Mayor David.

MINUTES

It was moved by Colosimo, seconded by Taylor and carried, that the Reorganization Meeting of January 2^nd;� the Work Session Meeting of January 11 and the Regular Meeting of January 12, 2004;� be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

SPECIAL PRESENTATIONS

Mayor David congratulated the winners of the 2003 Holiday House Decorating Contest:

Michael & Sylvia Gonzalez, 300 Boulevard

����������������������� ���������� Gerald & Gail Laudati, 219 Boulevard

����������������������� ����������� Frank & Emily Grimaldi, 34 North 14^th Street

����������������������� ����������� Susan Hambrock & Anthony Laudati, 2 Tulip Court

����������������������� ����������� Joseph & Deborah Mate, 649 Trenton Avenue

����������������������� ����������� Walter & Barbara Barnansky, 44 South Michigan Avenue

Mayor David presented a Certificate of Appreciation to Robert Herbert for repairing the flooring in the Detective Bureau free of charge.� Mr. Herbert said he wanted to give something back for all the good work that the Police Department does for the community.� Chief Dowd thanked Mr. Herbert for his thoughtfulness and generosity.��

COMMUNICATIONS AND PETITIONS

1. Letter from Mayor David to Mary Murphy, Director, Union County Planning & Community Development, regarding ineligible Year 29 Community Development Grants for No. 24^th Street and Sewers and requesting these funds be allocated to the application for an ADA Compliant Elevator at the Firehouse.
2. Year 2004 Assessment and Related Information from Rahway Valley Sewerage Authority.
3. Packet received from NJDEP regarding compliance with �Municipal Stormwater Regulations�.

REPORTS

1. Municipal Court Report for the month of December, 2003.
2. Board of Education Meeting Minutes of December 1 and December 8, 2003.
3. Rahway Valley Sewerage Authority Meeting Minutes of December 18, 2003.

It was moved by Colosimo, seconded by Soos 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 David commended the Department of Public Works for a spectacular job of cleaning the snow off our streets.� Mayor David announced that effective January 29, 2004, Comcast will add STARZ! Kids to the Digital Cable lineup on channel 377.� STARZ! Kids features G and PG-rated movies.� STARZ! Kids is available to customers who subscribe to STARZ/Encore, a premium service on Digital Cable.� Mayor David read the following letter into the minutes:

����������� Dear Sir:

��������������� I am a senior citizen, living on the north side of town.� I walk daily for exercise and I am

��������������� troubled by the number of sidewalks, that have not been cleared of snow and ice.� People

are forced to walk in the street, or walk on icy sidewalks, both dangerous choices.

��������������� Watching yesterdays TV news was a segment on several towns, enforcing the laws on

��������������� clearing sidewalks, with more due in the next couple of days.� These walks will only

��������������� get worse.� I would like to see Kenilworth�s code on this matter be enforced.

��������������� Concerned Citizen

�����������

Mayor David would like to urge residents who have public sidewalks in front of their homes to make sure they keep them clear for people to walk.

DEPARTMENT OF FINANCE

Councilman Corvelli was absent.� Councilwoman Colosimo stated that the preliminary budget is ready to be discussed at a committee meeting on February 2.

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas was absent.� Councilman Soos commended the Department of Public Works for an excellent job with snow removal. Mayor David spoke to Councilman Jankunas who has been ill for several weeks and he is doing much better.� We wish Alan a speedy recovery.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo read the following letters into the minutes:

����������� Promotional testing will be administered by the New Jersey State Association of Chiefs of Police for the

positions of Sergeant and Lieutenant in the Kenilworth Police Department.� To be eligible to take the Sergeants exams, an Officer must have at least five (5) years experience with the department, as of this date.� To be eligible to take the Lieutenants exams, a Sergeant must have held the rank for at least three (3) years of this date.� The promotional process shall consist of three components as is stated in our ordinance.

The written examinations for both Sergeant and Lieutenant will take place on Tuesday, May 4, 2004 at 9:00 AM at a location that will be posted on or before April 30, 2004.� For those who pass the written examination for Sergeant, the oral testing will be on Monday, May 17, 2004, starting at 9:00 AM in the conference room on the second floor of Borough Hall.� For those who pass the written examination for Lieutenant, the oral testing will be on Wednesday, May 19, 2004, starting at 9:00 AM in the conference room on the second floor of Borough Hall.

Kenilworth Police Chief William Dowd announced his department will be providing free firearm safety kits to Borough residents through a partnership with Project ChildSafe, the nationwide firearms safety education program.� The safety kits, which include a gunlock, will be distributed on a first come first serve basis by the Police Department starting on Monday, February 2^nd.� A limit of two kits per household will be initially given out to assure fair distribution.� Project ChildSafe, a program developed by the National Shooting Sports Foundation, will distribute millions of firearms safety kits throughout the country over the next year.� The program is funded by the firearms industry.� Police Commissioner Carmela Colosimo stated that she is very pleased that our local Police Department is participating in this project.� She added that residents are being encouraged to pick up a ChildSafe safety kit so they can securely store their firearms.

Chief Dowd stated that each kit contains a safety curriculum and cable style gun lock.� The locks fit on most types of handguns, rifles and shotguns.

Dear Judge Vitale:

It is our pleasure to formally notify you, on behalf of the Municipal Court Administrator Certification Board, that your Court Administrator, Joanne Szelingiewicz, has been examined by this Board and, on January 5, 2004, was declared by the Supreme Court of New Jersey to be a� Certified Municipal Court Administrator (C.M.C.A.).� The Supreme Court further authorized your Court Administrator to use the title

�C.M.C.A.�, during good behavior, before the public and the Courts of this State in accordance with law and the Rules of Court.� Achieving certification is a challenging process.� Following a prescribed curriculum of study, each candidate must sit for both a written and oral examination.� The written examination is designed to test knowledge of the fundamental principles of court administration, personnel and financial management, the Court Rules and the law applicable to the municipal courts.� Following successful completion of both examinations, the candidate is invited to submit a written court improvement project based on a theme that contributes the administration of justice and furthers the Court�s interests as part of the local community in some positive fashion.�

Respectfully yours,

Dennis L. Bliss, Board Chair

Councilwoman Colosimo would like to congratulate Joanne Szelingiewicz on her certification.

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos read the Construction Department report for December.� He reported that we have an agreement in principal with Union to use their Building Inspector and Zoning Enforcement Officer to be effective March 1, 2004.� Councilman Soos said our current Building Inspector will stay on board until that time.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor said Chief Giordino attended the Community Development Meeting and made a presentation for a grant application for funds to pay for an ADA compliant elevator at the Fire Department.� Councilman Taylor requested that the Borough Engineer, Ralph Tango submit a letter in support of this application. The Tiny Tots Program is back in the Recreation building.� He thanked the Senior Citizen and Veteran Center for allowing them to use their facilities during the repairs to the Recreation Center.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso was absent.

BILLS

Consolidated Bill List appears on the following pages.� (copy attached)

CONSENT AGENDA

Resolutions No. 1, 2, 3 & 6 are listed on consent agenda and will be enacted by one motion is the form listed below.� Resolutions No. 4 & 5 tabled due to insufficient number of votes. All items will be recorded individually in full in the minutes.

Council Member Soos moved that all items under Consent Agenda be approved, seconded by Council Member Taylor.� 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:� Whereas, the following property was issued permits, and fees were received by the Building Department;���� �����������������������

����������������������� ����������� ��� Whereas, it has been found that he is entitled to a senior citizen reduced fee as per Borough Ordinance No. 99-5,

����������������������� ����������� ���� Now,� Therefore, Be it Resolved that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to:

����������������������� ��������������� Amount of $161.00 refunded to homeowner:

����������������������� ����������� ����������� Mr. Vito Tarullo

����������������������� ����������� ����������� 652 Newark Avenue

����������������������� ����������� ����������� Kenilworth, NJ� 07033

����������������������� ����������� ����������� Block 123, Lot 7

CONSENT AGENDA (CONT)

RESOLUTION NO. 3

Be It Hereby Resolved:�� That the Borough Clerk be authorized to issue the following Raffle Licenses:

����������� #788 � David Brearley Middle/High School PTO for an Off-Premise 50/50 to be held on

����������� ����������� March 18, 2004.

����������� #789 � David Brearley Middle/High School PTO for an On-Premise 50/50 to be held on

����������� ����������� April 2, 2004.

����������� #790 � David Brearley Middle/High School PTO for an On-Premise Merchandise Raffle

����������� ����������� to be held on April 2, 2004.

�����������

RESOLUTION NO. 4

Resolution tabled, not enough Council Members to vote.���������������� ����������������������� �����������������������

RESOLUTION NO. 5

Resolution tabled, not enough Council Members to vote.

RESOLUTION NO. 6

Resolution appears on the following page.� (Person to Person Liquor License Transfer)

RESOLUTIONS & ORDINANCES

Proposed Ordinance No. 2004-01 was read for a first reading as follows:� (Copy attached)

����������������������� ����������������������� ����������� ����������� 2004-01

ORDINANCE AMENDING LOT REQUIREMENTS FOR SINGLE FAMILY DWELLINGS � CANTILEVERS.

Mayor David explained that the set back will change from 25 feet to 23 feet.

RESOLUTION NO. 7

Introduced by Soos who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-01, be and the same is hereby passed on first reading and ordered published for final hearing on February 25, 2004.

Seconded by Taylor and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Colosimo wished Councilman Jankunas a speedy recovery.� She also stated that the truck tonnage sign was put back on No. 7^th Street.� Councilwoman Colosimo congratulated Robert Herbert for his generosity.� She also commended the DPW for a great job with the snow removal.

MEETING OPEN TO THE PUBLIC

Mr. Herbert, Park Drive, asked if we could look into the possibility of pumping water from our homes into the catch basins to prevent icing conditions on the street.

Jacqueline Fidurski, Richfield Avenue, claims that she was harassed by the police for placing� cans with vegetative waste in her street.�

Chief Dowd commented that the Police responds to anonymous complaints and that cans were placed in the street every day to prevent cars from parking in front of her house.�

Ms. Fidurski contends that other residents also put cans in the street to prevent parking and was told to put a complaint in with the DPW.

Chief Dowd advised that Ms. Fidurski can sign a criminal complaint for harassment or file an internal affairs complaint against the Officer.�

Councilwoman Colosimo asked the Chief if parking was allowed on her street.�

Chief Dowd said that it is a public street that allows parking.

Councilwoman Colosimo suggested submitting the written complaints to Ms. Fidurski.�

Mayor David stated unless there is recommendation from the Chief or other concerned residents the street will remain a public street allowing parking.

Mr. Ramos, No. 19^th Street, said he urged Council not to make any changes to the parking situations in Kenilworth.

Mr. Mancino, 102 No. 24^th Street, commented that the DPW did a great job with the snow removal and wasn�t pleased with the job done on the Boulevard by the County.� He questioned the signing of a Police Contract based on an article in the paper.� Mr. Mancino stated Council should establish an Ordinance to receive some remuneration from the erection of any tower being built in Kenilworth.� He would like North 24^th Street to be a priority in the Borough�s Capital Improvement Budget.

ADJOURNMENT

Councilwoman Colosimo made a motion, seconded by Councilman Taylor to proceed into closed Executive Meeting to discuss personnel matters.

Return to Open Session.

Mayor David stated that a personnel matter was discussed in Closed Session and action was taken to authorize Borough Attorney Fruchter to draft a resolution to this matter.

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

8:45 P.M.

����������������������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

����������������������� ����������������������� ����������������������� ����������� ����������� Hedy Lipke

����������������������� ����������������������� ����������������������� ����������� ����������� Borough Clerk