Council Minutes from 4/14/2004

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, APRIL 14, 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 March 23 and the Regular Meeting of March 24, 2004 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

HEARING ON THE 2004 MUNICIPAL BUDGET

Jim Cerullo stated the budget will not be adopted until our application for Extraordinary Aid is processed sometime in June.� The budget calls for a tax levy of� 3.5 tax points higher than last year for 4.8 % at a home assessed at $167,500 it equates to $58.00.

Mayor David mentioned that our application for Extraordinary Aid in the amount of $250,000 has been supported by Senator Lesniak.

Mayor David opened the meeting to the public for questions or comments on the proposed adoption of the 2004 Municipal Budget.

Kathi Fiamingo, 468 Sheridan Avenue,� asked how much surplus was being allocated towards the budget and what will be left in surplus?

Jim Cerullo stated we will use $1,475,000.00 which leaves us with approximately $1,439,000.00.

No one else desiring to be heard, Mayor David closed the meeting to the public on the proposed adoption of the 2004 Municipal Budget.

COMMUNICATIONS AND PETITIONS

Letter from Herb Slote, Springfield, NJ, enclosing a letter sent to the US Attorney General requesting an investigation into the ethical practices in the reactivation of the Rahway Valley and Staten Island Railroads.
Invitation to Mayor and Council to attend the 2004 Memorial Services of the Kenilworth Fire Department at the VFW on Thursday, May 20^th at 8 P.M.
Letter from Fire Chief Giordino inviting Mayor and Council to attend a formal ground breaking ceremony before construction begins on the Firehouse.� Ceremony to be held on Sunday afternoon on date as yet to be confirmed.
Letter from Cindy and Talby Schroeder, 61 Pembrook Drive, asking to remove a tree and replace it with another one, since the tree roots are damaging their lawn, driveway and curb line.

REPORTS

Municipal Court Report for the month of March, 2004.
Police Department Report for the month of March, 2004.
Construction Department Report for the month of March, 2004.
Borough Clerk�s Report for the month of March, 2004.
Rahway Valley Sewerage Authority Meeting Minutes of February 19, 2004.

It was moved by Taylor, 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 stated we received a grant from the County for low to medium income families to apply for home improvements in the amount of $25,000.00 with a low or no rate loan.�

�

DEPARTMENT OF FINANCE

Councilman Corvelli reported several banks have submitted proposals for future banking opportunities which will be reviewed and one bank will be chosen.

�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported the DPW is recommending William Lueddeke be hired for position of driver/laborer.� The City of Rahway is commencing bulky waste pick up this week.

DPW will begin line stripping as soon as weather permits.� The plumbing repairs at the parks are complete and the bathrooms are thoroughly cleaned and ready for the summer.

�

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo reported 62 hours of police training in March. The Department� received the three new patrol vehicles .� Our Chief has been appointed as a liaison between the U.C. Prosecutor�s Office , U.C. Police Chief�s Association and the County Emergency Response SWAT Team. The State Department of Transportation has re-lamped both traffic signals at the Garden State Parkway overpass to use the LED bulbs.� NUI will commence installing new gas lines along the Boulevard over the summer mostly at night.� Councilwoman Colosimo read the following letter into the minutes:

�� Dear Chief,

As a former law enforcement person (Asst Prosecutor Union County 1972-1974) I know what a thankless and frustrating job it can be to be in law enforcement.� The stress and strain in dealing with the public day in and day

out can drive one nuts.� On the other hand, you appear to have found the secret formula toward running a good

organization.� Let me explain further.

On last Saturday evening, while out to dinner with Dr. Burman and his wife, at La Griglia�s, at about 8:00 p.m.

in the evening, Dr. Burman�s car was vandalized.� The door lock was smashed and a wallet , keys and credit cards

were taken.� When we saw the damage, we called to report the vandalism.� Patrolman Campanella responded promptly.

He was efficient, courteous and polite.� He took the information he needed.� He was informative.� He showed concern

and he took his time to respond to all of our concerns.

Several days later, I called for a follow up to see how the investigation was going.� While at the scene I saw there was a security camera on an adjacent building near where the car was parked. �I was directed to Tim Dowd.� He too was polite, courteous and on top of the matter.� To say the least I was impressed.� He had obviously done his job and done it well.� He had already viewed the security taped and evaluated the matter.� He explained everything clearly to me.

In fact, both officers were very impressive.� I see it as a tribute to you.� It is clear to me that you hire good people, and you take the time to train them well.� I compliment you for running a good ship.

Very truly your,

Thomas P. Vitolo

�

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos stated the Engineer is working vigorously on the HVAC at Borough Hall with expected start date to be sometime in June.�� They are working on a new zoning map and the outstanding curb assessments total $134,000 which we will hopefully start collecting soon.� The mold at DiMario was tested and cleared which will allow us to bid and start renovations to the building.� The easement matter at Epping Drive is being handled by the Borough Attorney.

DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor mentioned that the Easter Egg Hunt was a success.� The Little League parade is scheduled for this Saturday.� The hoops and backboards will soon be installed at the 16^th Street park.� Anyone sixteen or older interested in working as a counselor for the summer park programs should send a letter of interest to Councilman Taylor or Scott Pentz.� Councilman Taylor read the following letters into the minutes:

�� Fire Chief Lou Giordino,

�� This letter is in recognition of the gratefulness and thankfulness I feel as a Kenilworth resident & homeowner towards

�� the Kenilworth Fire Department.

�� On Sunday evening 4/4/04 at 7:30 p.m. a strong wind gust blew the entire 30 foot by 15 foot piece of flat roofing

�� material from my 2^nd floor rear dormer over top side to the front roof upside down.

�� Upon seeing what had happened I realized that another strong wind gust could send the 30� x 15� piece of material

�� flying as it was only being held on by the fasteners at the peak.

�� What do you do?

�� Who do you call?

�� You call the Kenilworth Fire Department and you ask for help!

�� They arrived at my house within moments, raised the truck ladder to the roof and immediately secured the material.�

REPORT OF COMMITTEES (CONT)

�� What a relief, the danger of the material flying off and doing more damage or even worse hurting someone

�� was eliminated.� Next they concentrated indoors on possible electrical issues as the roof exhaust fan was ripped

�� out with the roof material.

�� They were not done yet, they removed the roof material from the front roof area and placed it in the driveway,

�� and then they covered the dormer area which was now bare plywood with whole house tarps they supplied.

Under the conditions it was not easy, the wind was really whipping around.

�� I cannot say enough about how thankful I am to the Kenilworth Fire Department, I went from standing there

�� looking up at my inside out roof not knowing what I was going to do, to being completely secured for the night to

�� the point where the roof was covered as rain was expected that night, all the loose material was safely laid in the

�� driveway ready to be hauled away, and an official incident report created that will help with insurance issues.

�� It�s like this, these guys cared enough to spend the time they did on the scene to make sure when they left I

�� had nothing more to worry about.

�� When the chips are down, or the roof is flipped, don�t even hesitate, just call the K.F.D.!

�� Sincerely & Gratefully

�� Barbara & Bob Solan

��

�� To whom it may concern:

�� Please accept our donation.� We are very grateful for all you do for us and the community.� My children

�� love having Santa come and visit us.� It is something they will always remember.

�� Thank you,

�� The Triano Family

�� Chief Giordino,

�� I just wanted to thank you for providing such a wonderful course as the first aid & CPR which I am currently

�� involved in.� I really found the class very informative and Captain Moore did a fantastic job not only instructing

�� but explaining issues that came up.� I am really glad to have been able to partake in these sessions, so thank you!

�� Sincerely,

�� Gina Ceraro

��

�� Dear Mr. Giordino:

�� Please keep up the good work.� You and your men are a credit to the community.

�� Respectfully,

�� David J. Curtin

The Fire Department is interested in opening an explorer post and has received interest from a 17 year old who qualifies and would like to accept him as an auxiliary member.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso had nothing to report.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 8 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 Jankunas moved that all items under Consent Agenda be approved, seconded by Council Member Soos.� 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.

CONSENT AGENDA (CONT)

RESOLUTION NO. 2

Resolution appears on the following page.� (Amending Temporary Budget)

RESOLUTION NO. 3

Resolution appears on the following page.� (Senior Citizens Deductions disallowed)

RESOLUTION NO. 4

Resolution appears on the following page.� (Senior Citizens Deductions disallowed)

RESOLUTION NO. 5

WHEREAS,� The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS,� It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and

WHEREAS,� The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS,� The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS,� A resolution authorizing this municipality to apply for such tonnage grants for 2003 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council of the Borough of Kenilworth to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, �Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Borough of Kenilworth hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Public Works Superintendent Daniel Ryan to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grants be deposited in a dedicated recycling trust fund to the used solely for the purposes of recycling.

CONSENT AGENDA (CONT)

RESOLUTION NO. 6

Be It Hereby Resolved:�� That WILLIAM LUEDDEKE be employed in the Department of Public Works as a Driver/Laborer at a rate of $15.00 per hour effective as of April 19, 2004.

RESOLUTION NO. 7

Resolution appears on the following page.� (Support for Federal Transportation Reauthorization)

RESOLUTION NO. 8

WHEREAS, Donald Tisch retired as Chief of the Kenilworth Police Department on

April 1, 2000; and

�� WHEREAS, Donald Tisch was appointed a patrolman in the Kenilworth Police

Department on September 3, 1987; and

�� WHEREAS, Donald Tisch was promoted to Sergeant on June 1, 1976 and to

Lieutenant on January 27, 1987; and

�� WHEREAS, Donald Tisch was promoted to Captain on June 14, 1988; and

�� WHEREAS, during this time Donald Tisch also served with distinction as Traffic

Officer for many years; and

�� WHEREAS, Donald Tisch was promoted to Chief of Police on April 1, 1995

and served as Chief of Police until his retirement on April 1, 2000.

�� NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough

of Kenilworth belatedly commend Donald Tisch for his 37 years of outstanding and

exemplarily public service to the Borough of Kenilworth.

�� BE IT FURTHER RESOLVED that the Governing Body wish Donald Tisch continued

good health and contentment in his retirement.

Proposed Ordinance No. 2004-04 was read for a second reading as follows:� (Copy appears in

�� the minutes of March 10, 2004)

2004-04

BOROUGH OF KENILWORTH �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 David stated that the budget exceeds the rate allowed by the state therefore requiring this ordinance.

RESOLUTIONS & ORDINANCES (CONT)

Mayor opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-04.

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

RESOLUTION NO. 9

Introduced by Soos who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-04, 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. 2004-05 was read for second reading as follows: (Copy appears in

�� minutes of March 10, 2004)

2004-05

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

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

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-05.

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

RESOLUTION NO. 10

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 second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

Mayor David read the Resolution to former Police Chief Donald Tisch aloud to the public.� We thank him for his dedicated years of service.

�

MOMENT OF SILENCE

Mayor David requested a moment of silence for Tim Carbone who worked for the Public School System, was a member of the Recreation Department and also a good friend.� A moment of silence was observed.

GENERAL BUSINESS (CONT)

Councilman Soos mentioned the new DPW worker has masonry experience which will allow for various jobs to be completed.� Also the shared services with Union is working out very well.

�

Councilwoman Colosimo sends her condolences to the family of Tim Carbone.� He was a tremendous asset to our community.� Councilwoman Colosimo also thanked our former Police Chief Donald Tisch for his 37 years of service.

MEETING OPEN TO THE PUBLIC

Kathi Fiamingo, 468 Sheridan Avenue, requested more information regarding the grant for home improvements.�

Mayor David mentioned that the County will review and choose a qualified applicant.� The application can be picked up at the Borough Clerk�s office which will then be forwarded to the County Coordinator Gerry Ramos.

ADJOURNMENT

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

8:35 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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