Council Minutes from 6/9/2004

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JUNE 9, 2004. ACTING MAYOR CARMELA COLOSIMO PRESIDED.� MAYOR DAVID WAS ABSENT.

ROLL CALL

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

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

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

MINUTES

It was moved by Galasso, seconded by Jankunas and carried, the Work Session Meeting of May 25 and the Regular Meeting of May 26, 2004 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Letter from Central Jersey Road Runners Club requesting approval to hold its 27^th Annual classic 5 Mile Road Race on Labor Day, September 6, 2004.
Letter from Dennis San Filippo thanking Mayor and Council for the Resolution presented to him at his retirement dinner.
Letter from Patti & Frank Mascaro, 379 Boulevard, asking that the �path� between 379 and 385 Boulevard be eliminated as should all the �paths�.
Notice of Proposed Tarrif & Rate Revisions from Union County Utilities Authority regarding increases for solid waste disposal.� Petition before the NJDOT � hearing on June 30, 2004 at 7 P.M. at the Union County Utilities Authority, Rahway.

REPORTS

Police Department Report for the month of May, 2004.
Construction Department Report for the month of May, 2004.
Borough Clerk�s Report for the month of May, 2004.
Municipal Court Report for the month of May, 2004.
Kenilworth Board of Education Meeting Minutes of April 5, 12 and 26, 2004.

It was moved by Galasso, 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

DEPARTMENT OF FINANCE

Councilman Corvelli reported the Fire Department received federal funding for a generator.� The Handyman Program was approved and scheduled to start early July.

�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported the DPW is working on curbside grass pick up, line stripping, sewer maintenance, tree maintenance and landscaping at Borough properties.� The crew is also working on potholes and will begin the wall behind police headquarters.

DEPARTMENT OF PUBLIC SAFETY

Acting Mayor Colosimo reported 62 hours of training in May.� The CFO has cleared the funding portion of the Police Department promotions.� Promotions are scheduled for a special meeting on June 30^th.� The Police Chief has implemented the Meet and Greet Walking Program.

On May 26^th the Police Department hosted career shadowing and youth in government day. On the night of July 10^th there will be a DWI checkpoint roadblock funded by NJ Division of Highway Traffic Safety.

�

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Acting Mayor Colosimo reported the bids for the HVAC system will be put out to bid at� a later date. We are introducing several ordinances for 1^st reading pertaining to road improvements throughout the Borough.

�

DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor mentioned the renovations at the recreation center are in the second stage.� Councilman Taylor made a motion to appoint Thomas Lynaugh to the Recreation Committee for an unexpired term of Tim Carbone which was seconded by Ed Galasso and unanimously carried.� The Fire Department received a FEMA grant for an emergency generator.� Renovations have commenced at the Fire House.� Councilman Taylor read the following letter into the minutes:

�� Dear Members of the Kenilworth Fire Department,

�� Thank you so much for responding to our call on Wednesday night.� All your efforts were

�� much appreciated.

�� Thank you again,

�� Margaret McNally

A letter was also sent by Michael Filippone from Uncle Mike�s Ice Cream shop who was assisted by the Fire Department with their generator during the blackout.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso reported the Board of Health special meeting will discuss the future of the Board of Health after our Health Officer�s retirement. The Library Board meeting is also scheduled this week.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 6 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 Galasso.� 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 contract with S.B.P. INDUSTRIES, P.O. Box 1829, Rahway, NJ, for EMERGENCY GENERATOR SERVICE AT THE MUNICIPAL BUILDING be renewed for a one year period from August 1, 2004 to July 31, 2005 at a total cost of $693.00.

RESOLUTION NO. 3

WHEREAS, at a Closed Session Meeting of the Governing Body on May 25, 2004, Anthony Peters orally resigned as Kenilworth Fire Sub-Code Official as of May 31, 2004 and submitted his written resignation on 5/26/04 confirming this;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body accepts the resignation of Anthony Peters as an employee and appoints him as an unpaid, volunteer Fire Sub-Code Official as of June 1, 2004 and until further notice.

RESOLUTION NO. 4

Resolution appears on the following page:� (Emergency Temporary Appropriations)

RESOLUTION NO. 5

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

RESOLUTION NO. 6

Be It Hereby Resolved:�� That the request of Charles Gonzalez, Driver, Public Works Department, to take an unpaid leave of absence from June 7, 2004 with an expected return date of August 2, 2004, be approved.

RESOLUTIONS & ORDINANCES

Proposed Ordinance No. 2004-08 was read for second reading as follows:� (Copy appears in

�� minutes of May 12, 2004)��

2004-08

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 $120,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $114,000 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Acting Mayor Colosimo explained that this ordinance covers capital equipment for 2004.� Some of the equipment purchases included a mason dump truck, laptop computers, radar unit, guns, resuscitators, breathing apparatus tanks, computer equipment and router.

Acting Mayor Colosimo opened the meeting to the public for any questions or comments on Proposed Ordinance 2004-08.

Herbert Michitsch, Monmouth Avenue, asked what the mason dump truck will be used for and how much will it cost?�

Councilman Jankunas stated that it is the replacement of an old truck which will be used for garbage, branches, and leaves.� The truck will cost $33,000.

Mr. Michitsch suggested that the equipment be used more efficiently.

Livio Mancino, No. 23^rd Street, asked if 5 % of the capital budget was $120,000 and why do we have Library expenses coming from the Borough budget when they have their own budget?

Council Corvelli stated that $120,000 is not 5% of the total capital budget and the equipment being purchased by the Library has a shelf life of over 5 years which allows it to be bonded out.

Acting Mayor Colosimo closed the meeting to the public.

RESOLUTION NO. 7

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-08, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Galasso and on roll call unanimously carried.

RESOLUTIONS & ORDINANCES

Proposed Ordinance No. 2004-09 was read for first reading as follows: (Copy attached)

�� 2004-09

A BOND ORDINANCE AUTHORIZING VARIOUS ROAD IMPROVEMENTS IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $575,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $422,750 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Acting Mayor Colosimo explained that this ordinance appropriates money for the following street improvements: Fairfield Avenue from Michigan Avenue to Faitoute Avenue, Sherwood Road from Wilshire Drive to Pembrook Drive, North 24^th Street from Center Street to Washington Avenue, Roosevelt Lane from Lincoln Avenue to Lot 3 Block 99, Sheridan Avenue from North 14^th Street to North 8^th Street, and Sheridan Avenue from North 8^th to North 7^th Street.

RESOLUTION NO. 8

Introduced by Jankunas also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-09, be and the same is hereby passed on first reading and ordered published for final hearing on June 23, 2004.

Seconded by Galasso and on roll call unanimously carried.

Proposed Ordinance No. 2004-10 was read for first reading as follows: (Copy attached)

�� 2004-10

AN ASSESSMENT BOND ORDINANCE AUTHORIZING LOCAL IMPROVEMENTS CONSISTING OF THE CONSTRUCTION OF 790 LINEAR FEET OF NEW CURBS ALONG FAIRFIELD AVENUE FROM MICHIGAN AVENUE TO FAITOUTE AVENUE, 1,600 LINEAR FEET OF NEW CURBS ALONG SHERWOOD ROAD FROM WILSHIRE DRIVE TO PEMBROOK DRIVE, 2,000 LINEAR FEET OF NEW CURBS ALONG NORTH 24^TH STREET FROM CENTER STREET TO WASHINGTON AVENUE AND 1,200 LINEAR FEET OF NEW CURBS ALONG ROOSEVELT LANE FROM LINCOLN AVENUE TO LOT 3, BLOCK 99, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $106,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $100,700 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 Colosimo explained that this ordinance will assess the above streets for new curbs.

RESOLUTION NO. 9

Introduced by Jankunas also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-10, be and the same is hereby passed on first reading and ordered published for final hearing on June 23, 2004.

Seconded by Galasso and on roll call unanimously carried.

Proposed Ordinance No. 2004-11 was read for first reading as follows:� (Copy attached)��

2004-11

CAPITAL ORDINANCE TO APPROPRIATE THE SUM OF $13,603.60 FOR ROAD IMPROVEMENT PROGRAM IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY AND TO TRANSFER UNEXPENDED BOND ORDINANCE BALANCES AND REAPPROPRIATE SAME TO FINANCE SUCH APPROPRIATION.

Acting Mayor Colosimo said this ordinance is to transfer monies to complete the project on Commonwealth Road.

RESOLUTION NO. 10

Introduced by Jankunas also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-11, be and the same is hereby passed on first reading and ordered published for final hearing on June 23, 2004.

Seconded by Galasso and on roll call unanimously carried.

GENERAL BUSINESS

No general business to discuss.

MEETING OPEN TO THE PUBLIC

Herbert Michitsch, Monmouth Avenue, suggested that the Shakespeare performances should be held somewhere else due to the loud traffic noise along the Boulevard.

Councilman Taylor stated that they are working on closing off the Boulevard for the August performance and possibly having the July�s performance at the school.

Mr. Michitsch questioned the clean up delay and cost involved at DiMario Park?

Acting Mayor Colosimo stated there were safety concerns pertaining to mold.�

MEETING OPEN TO THE PUBLIC (CONT)

Councilman Jankunas said the Borough Engineer suggested the use of face respirators and tyvek suits for the workers which explains the delay on the clean up.

Acting Mayor Colosimo mentioned the cost was approximately $400.00 for the materials needed.

Mr. Michitsch said if there are hazardous materials than Hazmat should be notified.

Joanne Dillon, Faitoute Avenue, was very concerned with the changes to the format of the transportation advisory board meetings. These changes make it difficult to consult with alternates, time restraints do not allow for discussions open to the public and a motion was not recognized by the Chairman.� Ms. Dillon is asking that we communicate to the County that we are not in agreement with these changes.

Ms. Dillon asked about the status of the five towns appealing on the Appellate Court.�

Borough Attorney, Harvey Fruchter stated that the papers need to be filed and a briefing schedule to be discussed over the summer.

Livio Mancino, North 23^rd Street, suggested someone attend a cross reference meeting pertaining to the state master plan scheduled on June 21^st at Kean University.

Mr. Mancino mentioned that the sub-division application for North 23^rd and Washington Avenue

should have been sent to the County before approval by our Planning Board.� The applicant was not in compliance.

Mr. Mancino stated the Police Department should direct to the County that the path that goes from the first street in the fifth district to the Boulevard should be marked for children to walk to the crosswalk.

Mr. Mancino questioned Councilman Galasso�s absence to vote the school budget.

Councilman Galasso stated he was ill and would have voted to cut the budget.

Mr. Mancino suggested looking into an ordinance that addresses cell towers.

Councilman Jankunas will look into purchasing grass labels for the residents.

Herbert Michitsch, Monmouth Avenue, stated that in addition to an ordinance addressing the cell towers we also need to reassess those landlords who allow the towers.

Bob Herbert, Park Drive, stated that the DPW should be very careful when dealing with mold because it is dangerous and could be fatal.�

MEETING OPEN TO THE PUBLIC (CONT)

Mr. Herbert was concerned with a catch basin that was placed at the foot of the path on Commonwealth Drive.� Mr. Herbert is worried about the safety of the pedestrians and also a dead catch basin can cause a mosquito problem.

Acting Mayor Colosimo will ask Councilman Soos to investigate the catch basin.

Mr. Herbert suggested Commonwealth improvements should be done one section at a time and not back and forth.

Acting Mayor Colosimo stated the Council has implemented a three year street plan to avoid that problem.

Mr. Herbert questioned the cuts to the school budget.

Acting Mayor Colosimo said the budget was cut by the Borough but the school determines what programs will be affected.� She suggested Mr. Herbert attend a Board of Education meeting and express his concerns.

Brian Joho, Boulevard, complained that grass and brush pick up is not collected on a regular basis.

ADJOURNMENT

There being no further business to come before the Council, it was moved by Galasso, seconded

by Jankunas and carried, that the meeting be adjourned to the call of the chair.

9:20 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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