Council Minutes from 3/9/2005

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, MARCH 9, 2005.� MAYOR DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:�� Carmela Colosimo, Peter Corvelli, Alan Jankunas, Fred Soos and Robert Taylor.� Ed Galasso was 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 Soos, seconded by Taylor and carried, the Work Session Meeting of February

22, the Regular Meeting of February 23 and the Special Meeting of March 1, 2005 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Letter from Maureen Byrne, DEP, Water Compliance & Enforcement Bureau, reporting on the Compliance Assistance Inspection Meeting regarding Kenilworth�s Tier A Municipal Stormwater Permit noting that Kenilworth is working toward compliance and implementation of the Permit.
Letter from Union County Manager George DeVanney asking that a resolution be adopted opposing the elimination of the Community Development Block Grant Program in the 2006 Federal Budget.
Letter from Lenore Ford, Organ & Tissue Awareness Committee of Overlook Hospital asking the Borough to proclaim the month of April as �Organ & Tissue Donation Month� and asking permission to again tie green ribbons around trees on the Boulevard.

REPORTS

1. Municipal Court Report for the month of January, 2005.

2. Police Department Report for the month of February, 2005.

3. Construction Department Report for the month of February, 2005.

4. Borough Clerk�s Report for the month of February, 2005.

It was moved by Corvelli, seconded by Colosimo 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 would like to thank the County Manager George DeVanney, the Freeholders and Allen Opis for donating a vehicle to the Board of Health.� The Kenilworth web page will no longer be free of charge so the Borough has decided to fund the web page.� The Facilities Committee has made significant progress toward a future proposal to address space issues.

DEPARTMENT OF FINANCE

Councilman Corvelli stated that a� new Senior Citizen Handyman will be appointed pending a background check.� The budget for the Fire Department was cut as will other Department budgets still under evaluation.�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported the DPW did a good job with the recent ice storm.� The Superintendent is attending tree courses.� They will be working on labeling Municipal storm drains.� Bid specs are ready for Tree & Arboreal Maintenance Services.

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo stated the Police Department had 108 hours of training in February.� The following two letters were read into the minutes:

Dear Chief Dowd,

Please personally thank your two officers who quickly responded to a medical emergency at our home on Saturday evening, January 29, ^�2005.� I believe their training avoided a real tragedy.

Thank you again.

Sincerely,

Robert B. Porter

Dear Chief Dowd,

I would like to commend one of your employees Officer Michael Devlin for assisting the Union County Prosecutor�s Office Narcotics Strike Force with a wire tap investigation which resulted in the arrest of 24 subjects and the seizure of approximately 93,000 in US currency over 20,000 prescription pills acquired for illegal distribution and for fire arms.� Officer Devlin�s participation in this investigation often involved protractile mobile and stationary surveillances of targets of this investigation without being detected.� Officer Devlin�s efforts and expertise assisted in bringing this investigation to a successful conclusion and is greatly appreciated.

Yours truly,

Theodore J. Romanko

Prosecutor of Union County

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos reported the following updates:

1. The HVAC project is in progress.

2. Library leak repair has begun.

3. Discussion with the Engineer�s regarding 2005 Capital Road Improvements.

4. Attended a meeting with the County to discuss various Borough improvements.

5. Met with the Engineer and Construction Official which will be brought forth at the next meeting.

DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor reported a Recreation meeting tomorrow.� The Committee is considering centralizing the Summer Parks Program.� The PEOSH compliance is progressing and a meeting with the Department of Labor, Fire Chief, Mayor and Borough Attorney is scheduled for

March 15, 2005.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso was absent.� Mayor David mentioned a Joint Meeting scheduled on

March 16, 2005 at 7:30 PM with the Board of Education.

�

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 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. (2004 Budget Transfer)

RESOLUTION NO. 3

Resolution appears on the following page.� (Emergency 2005 Temporary Budget Appropriations)

RESOLUTION NO. 4

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

#820�� Kenilworth Historical Society on April 9, 2005 at 33 South 21^st Street, Kenilworth, NJ for a 50/50 On-Premise Raffle.

��

CONSENT AGENDA (CONT)

RESOLUTION NO. 5

RESOLUTION SUPPORTING THE ADOPTION

OF S-1990 and A-2432, AUTHORIZING THE IMPOSITION OF

ADDITIONAL FINES FOR OVERCROWDING IN

DWELLINGS CONTAINING FOUR OR FEWER UNITS

�� WHEREAS, the Borough of Kenilworth is one of a number of municipalities that has been struggling to eliminate housing overcrowding; and

�� WHEREAS, overcrowding creates unsafe and unhealthy living conditions, and places a strain on municipal services and schools;

�� WHEREAS, the problem is particularly difficult in smaller dwellings containing four or fewer units that are frequently converted into illegal rooming houses, which are so profitable that any penalties imposed are merely considered a cost of doing business; and

�� WHEREAS, bipartisan legislation, S1990 and A2430, now stand at 2^nd reading in their respective houses and authorize municipalities to adopt ordinances imposing penalties as high as $10,000 for repeated overcrowding violations which the Mayor and Council believe will help deter such illegal overcrowding;

�� NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth as follows:

The Mayor and Council express their support of A-1990 and A-2432, authorizing the imposition of additional fines for overcrowding in dwellings containing four or fewer units;
A certified copy of this Resolution shall be forwarded to Acting Governor and Senate President Codey, Senator Anthony Bucco, Senator Nia Gill, Assemblyman Wilfredo Caraballo, Assemblyman Eric Munoz, Senator Raymond Lesniak, Assemblyman Neil Cohen, Assemblyman Joseph Cryan, and the New Jersey State League of Municipalities.

��

RESOLUTION NO. 6

Resolution appears on the following page.� (Requesting that Federal Legislators save the Community Development Block Grant Program�s elimination in the 2006 Federal Budget)

CONSENT AGENDA (CONT)

RESOLUTION NO. 7

Proclamation

�� WHEREAS,� Overlook Hospital�s Auxiliary established an Organ and Tissue Donor Awareness Committee in May 1995 whose goal is to make the public aware of organ and tissue donor needs and programs, and

WHEREAS,� in the United States there are 90,000 people waiting for organs (liver, heart, kidney, lungs, pancreas) about 2,100 of whom are from New Jersey, and

�� WHEREAS,� approximately 20 people die daily waiting for organs - the Gift of Life, and

WHEREAS,� those needing tissues (bones ligaments, heart valves, corneas, skin) are waiting to improve their quality of life,

NOW, THEREFORE I, Gregg David, Mayor of the Borough of Kenilworth, do hereby proclaim the month of April 2005 as:

�� ORGAN AND TISSUE DONOR AWARENESS MONTH

in the Borough of Kenilworth and encourage the citizens of the Borough of Kenilworth to sign donor cards witnessed by two persons, preferably next of kin and, because a donor card becomes a legal document, citizens are asked to share that decision with their families.

IN WITNESS THEREOF, �I have hereunto set my hand and caused the seal of the Borough of Kenilworth to be affixed this Ninth day of March, in the year of our Lord, two thousand and five.

Mayor David read and� presented the �Organ & Tissue Donor Awareness Month� Proclamation.

ORDINANCES & RESOLUTIONS

Proposed Ordinance No. 2005-06 was read for first reading as follows:� (Copy attached)

2005-06

AN ORDINANCE ADDING A CHAPTER 7 TO THE CODE OF THE BOROUGH OF KENILWORTH � DEPARTMENTAL STRUCTURES.

Mayor David stated this Ordinance establishes a Table of Organization for the DPW and the Police Department.� The Tables already exist by Resolution but should established by Ordinance.

RESOLUTION NO. 8

Introduced by Jankunas who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2005-06, be and the same is hereby passed on first reading and ordered published for final hearing on April 13, 2005.

Seconded by Colosimo and on roll call unanimously carried.

��

GENERAL BUSINESS

Councilwoman Colosimo asked the Borough Attorney if a resolution was needed to grant Blackthorn permission to open their deck on March 12^th and March 17^th.�

Borough Attorney advised that a resolution should be passed.

Colosimo -May I make a motion to grant them the special permission?

Harvey � Amending or suspending the restriction put upon Blackthorn for that period of time that they requested.

Colosimo � Ok I will make a motion that we suspend the restrictions that were placed on the liquor license that is seasonal use between May 1^st and October 15^th for a one time use for this particular year for Saturday, March 12^th and� St. Patrick�s Day March 17^th.

Mayor � Just to add some more specifity to it, it�s the deck area

Colosimo � Oh, I apologize for the use of their deck on this Saturday, March 12^th and St. Patrick�s Day March 17^th.

Harvey � I believe that Councilman Soos had one more suggestion the other day and maybe you want to include that in your resolution.

Colosimo � Yes, that an off-duty Police Officer be assigned to that particular area for those two days at the expense of Blackthorn.

Soos � I second that motion.

Mayor � We have a motion and a second.� All in Favor

Aye � all members

Mayor - none opposed, so carried.

MEETING OPEN TO THE PUBLIC

Mrs. Fuggett, No. 6^th Street, asked if the Borough Clerk was advised to send a letter regarding her letter requesting permission to cut down a Borough tree?�

Mayor David stated that the Borough Clerk was told to send a letter of denial.

Councilwoman Colosimo advised that the letter was addressed, the Superintendent determined that it was a Borough tree that was not diseased, dead or dying.�

Mrs. Fuggett stated that the issue is the roots taking over the lawn.� The landscaper has advised that this will eventually cause havoc on the lawn. The tree is also top heavy and may be a safety issue. She is submitting a new letter to re-evaluate the situation.�

Councilwoman Colosimo mentioned that the Superintendent is carrying out the orders of the Borough not to allow living trees to be cut.

Mayor David asked that Mike Astone check the tree for his professional opinion.� Mayor David also asked if approval is granted will Mrs. Fuggett be willing to replant another tree in it�s place.

Mrs. Fuggett answered that she prefers not to but would if she had to.

Mr. Fuggett reiterated that the tree could be a safety issue.

Mr. Mancino, No. 24^th Street, advised that the organ and tissue donor proclamation should advise donor�s to indicate this request on their driver�s license.� Mr. Mancino asked Councilman Taylor if the Recreation Department was sponsoring a women�s high school aged Basketball League at the end of the school semester?

Councilman Taylor thinks he may be referring to the open gym time program.� He will discuss this the Recreation Director, Scott Pentz at the meeting tomorrow.

Mr. Mancino complained about the road conditions by the Parkway.�

Councilman Soos stated he addressed that issue with the County at a meeting.

Mr. Mancino mentioned the problem making turns at the Boulevard &� 21^st Street and also by Schering-Plough.

Councilwoman Colosimo has advised the Chief of Police and the County was notified.

Mr. Mancino feels that the sub-division at North 23^rd Street which was approved by the Planning Board� should not have been granted.�

Mayor David said the Planning Board approved a sub-division and not what will be built.

Councilman Soos stated that he voted against the sub-division and was unaware of what was going to be built.� Our ordinance allows for a sub-division of a lot that size.

ADJOURNMENT

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

8:43 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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