REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, MARCH 10, 2004.� MAYOR GREGG DAVID PRESIDED.

ROLL CALL

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

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, the Work Session Meeting of February 24 and the Regular Meeting of February 25 and the Special Work Session of

March 2, 2004 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Notice of Hearing from the Township of Cranford regarding an Ordinance to establish a Public Use Zoning District at the Cranford Conservation Center.� Hearing is on

March 25, 2004 at 8:30 P.M. in Cranford Council Chambers.

Letter from Kenilworth Little League asking permission to put up a 10 foot chain link fence on No. 14^th Street to replace an existing 3 foot fence due to safety concerns.
Letter from Mr. & Mrs. Said Tehayel, 5 Sherwood Road, thanking us for repairing damage incurred by plowing during a snowstorm.
Letter from Thomas Hennigan, 5 Red Oak Lane, requesting permission to cut down a Borough tree at his expense.
Letter from Mayor Gregg David appointing members to the Kenilworth Planning Board.

Dear Borough Clerk Hedy Lipke:

I am here with making the following appointments to the Planning Board.� Anthony De Luca Jr. to Alternate #4 for the unexpired term of Joseph Benintente ending 12/31/04 and Arthur Russo, Mayor�s Designee for the unexpired term of Anthony De Luca ending 12/31/04.

REPORTS

Police Department for the month of February, 2004.
Construction Department Report for the month of February, 2004.
Borough Clerk�s Report for the month of February, 2004.

It was moved by Colosimo, seconded by Jankunas 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 reported receiving preliminary grant approvals for the Senior Citizen Chronic Illness Program, Senior Citizen Program Director and Senior Citizen Handyman Program which will be voted upon at a meeting on March 17, 2004 for final approval.

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DEPARTMENT OF FINANCE

Councilman Corvelli introduced the 2004 Municipal Budget.� The preliminary increase for the municipality will be 3.5 tax points for an increase of $58.17 for a house assessed at $167,000.� The increase was due to contractual salaries, insurances, and a mandated increase for the Library.

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DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported the DPW is working on potholes, sewers and branch collection.� A classified ad was published to replace a DPW worker .� The road crew fixed a pothole by the Parkway that the County would not respond to.

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo stated that three Patrolmen signed up for the Sergeant exam and four Sergeants signed up for the Lieutenant exam.� The Police Department link on the Kenilworth�s website has been discontinued.� There have been two burglaries to our businesses recently and we urge the public to report anything suspicious to the Police Department.

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DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos reported the receipts for the building department.� The Engineer is working at Di Mario Park to test the mold in the building in order to proceed with the new roof.� He is also getting out the bids for the H.V.A.C. at Borough Hall.

DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor mentioned Resolution No. 6 which allows the Fire Department, Mayor and Borough Clerk to proceed with Phase 1 of the Firehouse renovations. Mayor & Council support the Fire and Police Department, who were involved in an incident on No. 19^th Street which they handled in a professional and appropriate manner. Councilman Taylor also reported two potential volunteers interested in joining the� Fire Department.�

Councilman Taylor read the following letter into the minutes.

Words can not express how grateful we are.� The kind and considerate staff of men and women who responded to our home on numerous occasions in the last few months.� They did so with professionalism and dedication.� We don�t know what we would have done without them.� Thank you.

Ernest & Marie Spazarro

REPORT OF COMMITTEES (CONT.)

�The Recreation Department is appointing Florence Hoag as Alternate #2 for a term ending 12/31/05.� The term of the Recreation Director was changed to allow the position to be revisited on a yearly basis. Our current Director Scott Pentz is a great asset to our Borough and should be commended.� The Easter Egg hunt is tentatively scheduled for April 3^rd and a Painting Party is tentatively scheduled for March 14^th.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso reported he is in between meetings of the Board of Health and Library.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 5 and 7 are listed on 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.

Council Member Soos 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

Resolution appears on the following page.� (Authorizing increase in deferred school taxes)

RESOLUTION NO. 3

Resolution appears on the following page.� (Introduction of the 2004 Municipal Budget)

RESOLUTION NO. 4

Be It Hereby Resolved:�� That FLORENCE HOAG be appointed to the Recreation Committee as Alternate #2 for a term ending 12/31/05.

CONSENT AGENDA (CONT.)

RESOLUTION NO. 5

Be It Hereby Resolved:�� That Resolution No. 6, dated June 11, 2003, awarding the bid for Contract No. 2003-06, �Restroom Renovation in Recreation Building�, is hereby amended as per a Change Order for an increase in the amount of $1,475.00, making the total contract amount $24,875.00, as per a letter from the Borough Engineers Schoor DePalma.

Be It Further Resolved that pursuant to N.J.A.C. 5:34-5.1 et seq., Local Public Contracts Law, the required Certificate of Availability of Funds in attached.

RESOLUTION NO. 6

Introduced by Taylor who also moved its adoption.�

Resolution appears on the following page.� (Consent to the Fire Department to make necessary �� renovations and improvements to the Firehouse and

�� authorizing the Mayor & Borough Clerk to execute

�� any documents necessary.)

Seconded by Colosimo and upon roll call the vote was as follows:� Colosimo, Corvelli, Soos, Taylor �Yes� Jankunas and Galasso �abstained�.

RESOLUTION NO. 7

Resolution appears on the following page.� (Need for the services of a real estate appraiser)

RESOLUTION NO. 8

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That Frank Plummer be named Public Works Department Working Foreman as of March 15, 2004 at his current hourly rate.

Seconded by Soos and upon roll call the vote was as follows:� Colosimo, Corvelli, Jankunas, Soos, Taylor �Yes� and Galasso �No�.

RESOLUTIONS & ORDINANCES (CONT.)

Proposed Ordinance No. 2004-02 was read for a second reading as follows: (Copy appears in�� minutes of February 11, 2004)

2004-02

ORDINANCE AMENDING TERM DEPARTMENT OF RECREATION � ARTICLE I,

SUBSECTION 41-3, PARAGRAPH B.

Mayor David stated the term for Recreation Director will be a one year term.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-02.

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

RESOLUTION NO. 9

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-02, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Soos and on roll call unanimously carried.

Proposed Ordinance No. 2004-03 was read for second reading as follows:� (Copy appears in

�� minutes of February 11, 2004)

2004-03

ORDINANCE AMENDING KENILWORTH CODE � ZONING, CHAPTER 197, ARTICLE XII,� SUBSECTION 197-60 �PROHIBITED USES�.

Mayor David explained that this ordinance prohibits tattoo parlors, body piercing parlors, adult book, video stores and message parlors.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-03.

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

RESOLUTIONS & ORDINANCES (CONT.)

RESOLUTION NO. 10

Introduced by Soos who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-03, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2004-04 was read for a first reading as follows:� (Copy attached)

2004-04

�CAP� ORDINANCE TO EXCEED INDEX RATE; INDEX RATE LESS THAN 5% LIMITATION FOR THE YEAR 2004 (N.J.S.A. 40A:4-45.14)

Mayor stated that the budget exceeds the rate allowed by the state therefore requiring this ordinance.

RESOLUTION NO. 11

Introduced by Corvelli who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-04, be and the same is hereby passed on first reading and ordered published for final hearing on April 14, 2004.

Seconded by Soos and on roll call unanimously carried.

Proposed Ordinance No. 2004-05 was read for a first reading as follows:� (Copy attached)

2004-05

ORDINANCE AMENDING CHAPTER 91, ARTICLE I OF THE CODE OF THE BOROUGH OF KENILWORTH � FEES AND LICENSES

Mayor David stated this ordinance will allow an increase to Street Opening Permits and Duplicate Tax Bills.

RESOLUTION NO.12

Introduced by Soos who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-05, be and the same is hereby passed on first reading and ordered published for final reading on April 14, 2004.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

No one desiring to be heard.

MEETING OPEN TO THE PUBLIC

Kathi Fiamingo, Sheridan Avenue, encouraged Mayor & Council to send a letter to Cranford regarding the tabled resolution submitted by Mr. Wright.

Mayor David said we are in the process of sending a letter.

Ms. Fiamingo noted the railroad ties stored behind L & J can cause a health hazard and should be checked.

Mayor David stated the Board of Health inspector can look into it.

Ms. Fiamingo questioned the engineer�s salary.

Mayor David advised that the street assessment cost was $4,300 and the engineer�s salary included attendance to the Planning Board meetings.

Richard Lo Forte, Quinton Avenue, questioned the decision to outsource the two inspectors in the building department.

Mayor David advised that there was a minimal savings for overall better service.� Our contract will be for a four year term which will be reviewed on a yearly basis.

Mr. Lo Forte has noticed an increase in donated clothing containers and advised it may be necessary to regulate.

Gerry Ramos, No. 19^th Street, asked about the changes in services due to outsourcing the inspectors.�

Mayor David said we will have better coverage such as late night availability in Kenilworth as well as in Union.�

ADJOURNMENT

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

8:40 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk