Council Minutes from 12/15/2004

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, DECEMBER 15, 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 Soos, seconded by Jankunas and carried, the Work Session Meeting of November

9; the Regular Meeting of November 10, 2004 and the Special Meeting of December 1, 2004 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

PRESENTATION

Police Chief Dowd made a Presentation of a Plaque to retired Lt. William O�Malley from the Police Department. Chief Dowd thanked Lt. O�Malley for his dedicated years of service and wished him well in his retirement.

New Police Officer Brian Pickton was sworn into office.� Officer Pickton thanked the Mayor and Council for the opportunity to serve the Borough of Kenilworth.

Motion was made by Corvelli, seconded by Colosimo to take a five minute break.� Meeting reconvened.

COMMUNICATIONS AND PETITIONS

Notice of Class Action regarding Constantine vs. Township of Bass River � Kenilworth is among 216 municipal defendants in this action which alleges the municipality had a �flat fee� charge for Municipal Court Discovery violating the Open Public Records Act.� Forwarded to our insurance company.
Letters from Police Chief William Dowd to Per Q Up and Sub Place Else in thanks for their assistance during the major fire on North 20^th Street.
Letter from Union County Utilities Authority advising of approval by the DEP of a rate increase to $107.12 per ton for Type 13 Solid Waste Disposal (Bulk).
Letters from resident, Carolyn Coppola, 348 Coolidge Drive, asking that a tree planted in front of her home be removed.

It was moved by Taylor, seconded by Corvelli and carried, that the above communications be received and filed and any money amounts indicated be spread over the minutes.

REPORTS

��

1. Municipal Court Report for the month of October, 2004.

2. Police Department Report for the month of November, 2004.

3. Construction Department Report for the month of November, 2004.

4. Borough Clerk�s Report for the month of November, 2004.

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor David announced that the Kenilworth Historical Society has received a matching grant for the exterior restoration of the Oswald Nitschke House.� The Borough has also received two matching grants from the County for recreation equipment and improvements to DiMario Park.� Comcast has announced an increase to their preferred service package.� Mayor David congratulated Tony Peters on his appointment to the State of New Jersey Fire Fighter Safety and Health Advisory Council.

DEPARTMENT OF FINANCE

Councilman Corvelli reported a finance meeting for next week to discuss full time status of an employee and considering a biweekly payroll.� The 2005 budget figures are being gathered.

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported the DPW has done an excellent job on leaf collection. The department has ordered fifty tons of rock salt.� The Union contract has been finalized.��

�

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo was pleased to announce the swearing of New Police Officer Brian Pickton.� Best wishes to Lt. William O�Malley on his retirement.�

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos reported the streets are complete. A donated clock will be installed at Borough

Hall in honor of a long time resident Minnie Leikauskas.� The committee will soon be introducing new ordinances.

�DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor announced the winter programs were running smoothly.� Special thanks to the Pride in Kenilworth and Recreation Committee for the well attended Borough Tree Lighting Ceremony. The Fire Committee has discussed continuing the stipend program for 2005.

�

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso attended the Library Holiday gathering.� The Board of Health had no meeting.� Happy Holidays and a Happy New Year to all.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 16 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 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:�� That the Chief Finance Officer be authorized to pay necessary bills prior to the next regularly scheduled Council Meeting on January 12, 2005.

RESOLUTION NO. 3

�� Be It Hereby Resolved:�� That the attached list of Retirees be reimbursed for their payments for Medicare coverage from July 1, 2004 through December 31, 2004 inclusive, in accordance with Chapter 231, P.L 1070 State of New Jersey.

RESOLUTION NO. 4

�� WHEREAS, it has been found that payment of 2004 Fourth Quarter tax has been paid in duplicate 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 and is hereby authorized to issue warrants for refund as stated below.

�� Block�� Lot�� Payable to:�� Amount

�� 8�� 21�� Abrams, Harold M�� 5,449.99

�� 4�� 1.01�� Elizabeth Water Co.�� 5,391.73

�� Total to be refunded�� 10,841.72��

RESOLUTION NO. 5

�� WHEREAS, it has been found an overpayment exists for 2004 real estate tax paid on� Block 111, Lot 22 property location 441 Coolidge Drive, and

�� WHEREAS, the property owner requests this credit to be applied to 2005 preliminary taxes due,

�� NOW, THEREFORE BE IT RESOLVED that the Collector of Taxes be and is hereby authorized to adjust this account in the amount of $1,049.49.��

RESOLUTION NO.6

�� WHEREAS, the following property was issued an electrical, building and plumbing permit, and fees were received by the Building Department;

��

�� WHEREAS, it has been found that they are 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 $250.00 refunded to:

�� Carmin J. & Constance R. Scuderi

�� 6 Dorset Drive

�� Kenilworth, NJ� 07033

For property located at 6 Dorset Drive, Permit #04-0463 Block 64 Lot 3

RESOLUTION NO.7

�� Be It Hereby Resolved:�� That Gail Laspata be employed as an Administrative Assistance/Clerk in the Fire Prevention Bureau and Fire Department at rate of $10.00 per hour as of November 30, 2004.

RESOLUTION NO.8

�� Be It Hereby Resolved:�� That Randy Leuchuk be employed as a Clerk in the Fire Prevention Bureau at rate of $8.00 per hour as of November 30, 2004.

RESOLUTION NO.9

Be It Hereby Resolved:� That the Borough Clerk be authorized to issue the following Bingo License:

�� #03-05�� St. Theresa�s Rosary Society Bingo to be held every Sunday from

� January 2, 2005 to December 18, 2005 at 541 Washington Avenue,��

� Kenilworth, NJ.� No Bingo is scheduled on March 27, 2005 or

� December 25, 2005.�

��

RESOLUTION NO.10

�� Be It Hereby Resolved:�� That Police Chief William Dowd receive a 4.5% increase in salary for Year 2004 retroactive to January 1, 2004.��

RESOLUTION NO. 11

Be It Hereby Resolved:� That Resolution #6 dated October 27, 2004 authorizing

Swenson & Sons Electric to perform the �Municipal Clock Installation� project be rescinded.

BE IT FURTHER RESOLVED that upon the recommendation of the Borough Engineer,

the quote for �Municipal Building Clock Installation� submitted by F & P Contractors Inc. in

the amount of $6,000.00 be accepted and that F & P Contractors Inc. be authorized to perform

the Clock Installation work.

RESOLUTION NO. 12

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

RESOLUTION NO. 13

�� Be It Hereby Resolved:�� That the proposed Contract between the Borough of Kenilworth and International Brotherhood of Teamsters-Local 11 and the Department of Public Works for the period of January 1, 2004 through December 31, 2007 be ratified and that the Mayor be authorized to execute said Contract.

RESOLUTION NO. 14

Resolution appears on the following page.� (Supporting passage of S-1023 and A-1833 urging the

State to reimburse municipalities for the reimbursement and payment of property taxes that disabled veterans are exempt from payment of)

RESOLUTION NO. 15

Resolution appears on the following page.� (Supporting the convening of a Special Convention to � �� address Property Taxation Reform)��

RESOLUTION NO. 16

Resolution appears on the following page.� (Authorizing the retention of Robert Renaud, Esq. as

�� Special Counsel for tax appeals)

ORDINANCES & RESOLUTIONS

Proposed Ordinance No. 2004-21 was read for second reading as follows:� (Copy appears in

�� minutes of December 1, 2004)

2004-21

AN ORDINANCE APPROPRIATING $34,060.00 FROM GENERAL CAPITAL SURPLUS FOR MUNICIPAL BUILDING HVAC SYSTEM.

Mayor David stated this ordinance appropriates general capital funding for the HVAC system.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-21.

Mr. Mancino, 24^th Street asked for the cost and warranty period for the system.

Mayor David stated the cost was $239,060.00 and wasn�t sure about the warranty period.

Mayor David closed the meeting to the public.

RESOLUTION NO. 17

Introduced by Soos also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2004-21, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Taylor and on roll call unanimously carried.

RESOLUTION NO. 18

Introduced by� also moved its adoption.

��

�� WHEREAS,� the Borough of Kenilworth advertised for the receipt of bids for the

�Municipal Building HVAC System�,� and T.M. Brennan Contractors Inc., 3505 Rt. 94, Hamburg, N.J. 07419 having submitted the lowest responsible bid as follows:

��

�� TOTAL BID��

�� $239,060.00��

�� NOW, THEREFORE, BE IT RESOLVED,� that the contract for �Municipal Building

HVAC System� is awarded to T.M. Brennan Contractors Inc., Hamburg, N.J. and the

Borough Attorney is authorized to draw up the necessary contract and the Mayor and

Borough Clerk are authorized to sign said contract.

�� 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 has been obtained

from the Chief Finance Officer of the Borough of Kenilworth.

Seconded by Corvelli and on roll call unanimously carried.

GENERAL BUSINESS

Mayor David mentioned that the Holiday Extravaganza was a terrific event funded by the Pride in Kenilworth Committee.� Happy Holidays and a Happy New Year to all.

Councilwoman Colosimo thanked the Pride in Kenilworth and Recreation Committee with special thanks to Madonna Bogus for the Holiday Extravaganza.� Thanks to Jonathan Lipke for his assistance.

Councilman Soos had a moment of silence for long time resident Edward Boguslawski.� Happy Holidays and� a Happy New Year to all.

MEETING OPEN TO THE PUBLIC

Ms. Coppolla, Coolidge Drive, asked that a tree planted in front of her home be removed.

Mayor David stated she will be contacted to rectify the situation.

Mr. Mancino, No. 24^th Street, asked if the accounts discussed at a prior meeting were interest bearing accounts.

Councilman Corvelli said they were not interest bearing.�

Mr. Mancino is working on a contest for the monument cover at Borough Hall.

Mr. Mancino spoke to Lt. Grady about the traffic light at Schering-Plough.

Mr. Mancino asked if the street sweeper was working.�

Councilman Jankunas said the sweeper is operable.

Mr. Mancino commented on the horrible condition of the property on 23^rd Street.�

Councilman Soos stated that the demolition work was put to a halt due to connected gas lines.� The lines are now disconnected and work will commence.

Mr. Mancino feels that sub division approval should be subject to following certain guidelines.

Mr. Mancino was pleased with the work on North 24^th Street except for the end of his property.

Mr. Mancino suggested that the Borough control and restrict the towns living spaces.� He also mentioned that all contractors or sub contractors should get permits and be bonded and insured.

Mayor David said the lights across the Boulevard were not installed because they were dangerous.

Mr. Mancino stated that a large surplus was found in the School Audit.� He recommends the Council request a copy of the Audit from the School Board.

Mr. Moore, So.23^rd Street, reported that he and Donna Astone never received the clothing allowance issued in November.�

MEETING OPEN TO THE PUBLIC (CONT)

Councilman Taylor will investigate.

Mr. Herbert, Park Drive, requested an appointment with the Borough Engineer regarding the drainage situation on Park Drive.� He suggested the catch basin be cleaned in the interim.

Councilman Soos has advised the Borough Engineer on the situation and it will be addressed in 2005.

ADJOURNMENT

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

9:00 P.M.

��

Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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