Council Minutes from 5/28/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MAY 28, 2003.� IT BEING �YOUTH IN GOVERNMENT DAY�, ACTING MAYOR CATHERINE SCHEUERMANN PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Carmela Colosimo, Kathi Fiamingo, Alan Jankunas, and Robert Taylor.� Councilmen Gregg David and Ed Galasso were absent.

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

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

MINUTES

It was moved by Fiamingo, seconded by Colosimo and carried, that the minutes of the Work Session Meeting of May 13^th and the Regular Meeting of May 14, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS � ACTING BOROUGH CLERK BRITTANY KELLY

Letter from Sports Action/Reaction, a USA Track & Field affiliated Running Club, seeking permission for a road race through Kenilworth on Sunday, October 26, 2003.
Letter from Central Jersey Road Runners Club requesting approval for their 26^th Annual Fall Classic Road Race on Labor Day, September 1, 2003.

REPORTS

Municipal Court Report for the month of April, 2003.

It was moved by Taylor, seconded by Fiamingo 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�

Acting Mayor Scheuermann read the following report:

�� The Borough is currently making plans for its annual fireworks celebration on Sunday, June 29, 2003, with

�� rain date of Sunday, July 6, 2003.� The Kenilworth Volunteer Fire Department and Rescue Squad will

�� assist the Borough with the planning of this event.� The Pride in Kenilworth Committee and the Kenilworth

�� Chamber of Commerce will jointly sponsor the annual Octoberfest Street Fair on Sunday, October 12,

�� 2003, with a rain date of Sunday, October 19, 2003.� The festival will feature rides, games, international

�� foods, vendors, music and other entertainment.� This will be the sixth consecutive year that the Borough

�� has held this event.� During the past month, Kenilworth�s new cable access station TV-36 began operation.

�� Kenilworth TV-36 is a joint venture between the governing body and local Board of Education.� The first

�� phase of the cable television channel is the video bulletin board, which advertises community events and

�� announcements.� Currently, the Borough Council is reviewing policies and procedures that will govern the

�� operation of the television station. Adoption of the policies and procedures is anticipated within the next

�� thirty days.

DEPARTMENT OF FINANCE

Acting Councilperson Nicole Hartmann (filling in for Bruna Marques who was unable to attend) read the following report:

�� At our last Council meeting, the 2003 Municipal Budget was adopted.� On this night�s agenda, there is a

�� first reading of a fully-funded ordinance for the purchase of new radar units for the Police Department.� The

�� Finance Committee will be meeting with department heads in the near future to review the current

�� employee policies and to propose revisions.� Council discussed the possibility of selling Municipal tax liens

�� on some land-locked parcels at our last work shop meeting.� A copy of the tax map showing the location of

�� the parcels is now available.� If Council agrees, a notice will be provided to the owners of the adjacent

�� properties to see if they would like to purchase the tax liens.� If the tax liens are purchased, the property

�� owners would be in a position to foreclose on the tax liens and acquire title to the property.� Council will be

�� discussing the proposal in the near future and a further report will be given when Council acts.

DEPARTMENT OF PUBLIC WORKS

Acting Councilmember Kevin Fagan read the following report:

�� The Public Works Department has been working on curb-side grass and brush pick-up; cleaning and

�� landscaping borough properties; blacktop (potholes); line striping (stop bars and crosswalks); sanitary

�� sewer line maintenance and street sign repairs.� Residents are reminded that grass clippings must be

�� placed in trash cans at curbside.� Grass clippings in plastic bas will not be picked up

DEPARTMENT OF PUBLIC SAFETY

Acting Councilperson Jessica Deahl read the following report:

�� Attached please find the Kenilworth Police Dept. reports for April, 2003.� The following Officers attended

�� training during the month:� Lts. Dopf and O�Malley attended a school on Incident Command and� Weapons

�� of Mass Destruction in Anniston, Alabama from March 31^st through April 4^th.� Off. Cox attended Arson

�� Investigation class on April 7^th.� Offs. Cox, Lueddeke and Smith attended a seminar on Gang Awareness

�� on April 9^th.� Sgt. Hannon attended Ucert/Swat Training on April 10^th and 25^th.� Offs. Lueddeke and Bryson

�� attended a Narcotics Investigation course on April 14^th.� Det. Scuderi and Off. Giacalone attended a

�� Breathalyzer Refresher class on April 16^th.� Offs. Cox and Bryson attended a course on Handling

�� Emotionally Disturbed Persons on April 16^th.� Lt. Dopf attended classes on Terrorism Training from

�� April 14^th through the 18^th.� Off Obiedzinski attended a Child Abuse seminar on April 21^st and 22^nd.

�� Off. Campanelli successfully completed classes on being a Breathalyzer Operator from April 21^st through

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC SAFETY (CONT.)

the 24^th.� Off. Matt Devlin conducted training for Police Recruits at the Police Academy on CPR and

AED from April 1^st through the 8^th.� New Police Identification Cards have been issued to all Police Officers

�� courtesy of the County.� County Public Safety Director Harold Gibson approved of the utilization of their

�� equipment in Elizabeth for this and a letter of thanks has been sent to him.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Acting Councilperson Melissa Felicio read the following report:

�� The Zoning Officer�s report for the month of April are as follows:� 4 Zoning Complaints, 8 Zoning

�� Approvals, 3 Zoning Denials, and 2 Correspondence.� The Construction Official�s report for the month of

�� April reads as follows:� Total Receipts are $11,316. and are broken down as follows:� Building Fees

�� $10,514.00; Trust Fees $502.00; and� Smoke Detector Fees $300.00.� The May Planning Board meeting

�� was held last Thursday, May 22^nd.� There were three cases scheduled to be heard.� Borough Attorney
�� Harvey Fruchter will be presenting an application before the Planning Board on June 24^th for the move of

�� the historic Nitschke house from the Boulevard to the lot on North 21^st Street alongside the Kenilworth

�� Veteran�s Center.� The house move is scheduled to take place towards the end of July.

DEPARTMENT OF RECREATION, FIRE & ECOLOGY

Acting Council Member Daniel Majer read the following report:

�� Our Borough Engineer, Dr. Mike Disko, will be opening bids on June 5, 2003.� One is to rectify the

�� drainage problem at DiMario Park.� This has been a problem for many years.� After even a moderate

�� rainfall, the park becomes extremely saturated.� We are hopeful that this project will be completed

�� before school ends and the summer parks program begins.� The other bid is to install a new ADA

�� bathroom at the Recreation building.� Dr. Disko soon will be submitting the projected cost to fix the

�� Recreation Building.� He will be putting together several options.� One is to fix the roof; the other is to look

�� into possibly adding a second floor to our current building.� This will benefit the town by adding much

�� needed space.� The Summer Parks Program will begin the first Monday after school closes for summer

�� vacation.� We are planning to open all three parks and look forward to having all Kenilworth children

�� attend.� If attendance is low, however, we will be opening 9^th Street Park two times a week and 16^th

�� Street Park 3 times a week.� We are still looking for park counselors.� Any interested resident, age 16

�� years or older, wishing to be a counselor may submit a letter of intent to the Kenilworth Recreation

�� by no later than this Sunday, June 1, 2003.� The Kenilworth Recreation Department will be having an

�� award ceremony on June 28, for all those residents who have participated in a recreation program.� The

�� department is also planning a family swim night at Orange Avenue Pool in Cranford sometime in July.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Acting Council Member Candace Ehmann (filling in for Eric Schindler who was unable to

attend), read the following report:

�� I attended the monthly meeting of the Board of Health on May 15, 2003.� As you know, I am the

�� Council liaison to the Board of Health, Library Board and Local Assistance Board here in Kenilworth.

�� I am honored to report that the Board of Health has voted to name the annual Health Fair in honor of

�� Michael Vitale, Sr., who recently passed away.� This was based upon the recommendation of Mayor

�� and Council at the last meeting.� Michael Vitale, Sr. served the Borough in many capacities during his

�� life, including sixty-seven years as a member of the Board of Health.� As the annual Health Fair is the

�� highlight of the services provided by the Board of Health over the course of the year, it is my opinion

�� that the Board�s decision in honoring Mr. Vitale in this way is appropriate and to be commended.

�� The Board of Health would also like to remind council that it is now short two members, with the recent

REPORT OF COMMITTEES (CONT.)

REPORT OF HEATH, EDUCATION AND WELFARE (CONT.)��

�� resignation of Al Testa from the Board.� The Board will be forwarding suggestions for the unexpired terms

�� of Mike Vitale and Al Testa prior to the next public meeting.�

REPORT OF BOROUGH ATTORNEY

Acting Borough Attorney Stephanie Ramierez read the following report:

�� As Attorney for the Borough of Kenilworth, I must respectfully advise you that the contracts for the

�� improvements to our well known Boulevard and the renovations to the municipal town hall roof

�� to insure the integrity of our building, have been completed.� In addition, we have also provided Madam

�� Clerk with a contract for the library ramp so that we can safely know that no one will be injured

�� when they visit our public library.� Finally, you can be assured that our Borough is secure without

�� any impending claims of magnitude.

POLICE CHIEF�S REPORT

Acting Police Chief Candace Ehmann read the following report:

�� Be advised that an allegation of racial profiling was made against one of my Officers recently.� The

�� motorist claimed he was stopped only because he was a minority.� We recently finished installation

�� of our fourth patrol car video/audio camera.� It is mandatory for Officers to have the unit recording on

�� every motorist encounter.� We are mandated to report all allegations of racial profiling to the Union

�� County Prosecutor�s Office.� After an investigation was conducted, I am happy to report the

�� Officer was cleared.� The video/audiotape that was on during the stop of the motorist played a very

�� significant role in clearing the Officer.� All Kenilworth Officers realize that the cameras are in the

�� patrol cars to protect them and are a welcome addition.� This recent case has just reinforced that

�� belief.

FIRE CHIEF�S REPORT

Acting Fire Chief Giselle Silvestrini read the following report:

�� During the month of April, 2003, the Fire Department responded to 24 fire calls:� 1 Structure Fire, 1 Smoke �� Condition, 1 Rubbish Fire , 1 Brush Fire, 8 Fire Alarm Activations, 5 Water Flow Alarms, 3 Motor Vehicle

Accidents, and 6 Mutual Aid Calls.� During the month of April, 2003, the Rescue Squad responded to 75 calls: 10 Motor Vehicle Accidents, 11 Cardiacs, 3 Fire Calls, 2 Industrial Accidents, 7 Mutual Aid Calls, 39 Sickness Calls, 2 Transports and 1 Refused Medical Attention.

��

�TREASURER�S REPORT

Acting Treasurer Nicole Hartmann read the following report:

�� The 2003 Annual Municipal Budget has been adopted and recorded on the appropriation master.�

�� Department heads have been notified of the final appropriations for their area and expenditures made to

�� date.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 through 10 are listed under 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 Colosimo.� 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 attached list of the Kenilworth Volunteer Fire Department/

Rescue Squad be granted an expense allowance in accordance with the report submitted by

the Fire Chief, Lewis Giordino, in the aggregate amount of $60,057.76.� Employees marked with

an asterisk will be paid through payroll.

RESOLUTION NO. 3

Be It Hereby Resolved:� WHEREAS,� it has been found that an overpayment of 2003 2^nd Qtr has been made on property located at 625 Newark Avenue.

�� NOW, THEREFORE, BE IT RESOLVED� that the Treasurer after proper notation on the tax account record by the Collector of Taxes be and is hereby authorized

to issue a warrant for refund of said overpayment as stated below.

�� Block� �� Lot�� Property Location �� Amount

�� 134�� 1�� 625 Newark Avenue �� $1,219.95

CHECK PAYABLE TO :� MARINO, GEBELOFF & MAYER LLC-TRUST ACCOUNT.

�� MAIL TO:� MARINO, GEBELOFF & MAYERS, LLC

�� 75 KINGSLAND AVE, SUITE 3

�� CLIFTON, NJ� 07014-2034

RESOLUTION NO. 4

Be It Hereby Resolved:� WHEREAS, a fee has been collected for removal of removal of an air conditioner in the amount of $25.00 and,

�� WHEREAS, the permit has been found not to be used.

�� NOW, THEREFORE, BE IT RESOLVED� that the Treasurer be

authorized to draw a warrant in the amount of $25.00 payable to the order of:

�� Mr. & Mrs. D. Sammet

�� 39 Epping Drive

�� Kenilworth, NJ� 07033

CONSENT AGENDA (CONT.)

RESOLUTION NO. 5

Resolution appears on the following page.� (Resolution petitioning the United State Post Office

�� to create a postal stamp in honor of Sgt. John

�� Basilone)

RESOLUTION NO. 6

Resolution appears on the following page.� (Resolution supporting Senate Bill 167 to establish a

�� commission to study the roles and effectiveness of

�� county government throughout New Jersey)

RESOLUTION NO. 7

Resolution appears on the following page.� (Resolution granting Garden State Fireworks

�� Company permission to provide a fireworks

�� display on June 29, 2003 (raindate:� July 6, 2003)

�� and authorizing the Mayor to sign said contract)

RESOLUTION NO. 8

Resolution appears on the following page.� (Resolution rejecting the bid received for �Alterations

�� and Addition to the �Kenilworth Firehouse�)

RESOLUTION NO. 9

Resolution appears on the following page.� (Proclaiming the month of June, 2003, as

�� Myasthenia Gravis Awareness Month�)

RESOLUTION NO. 10

Resolution appears on the following page.� (Proclaiming Youth in Government Day)

RESOLUTIONS AND ORDINANCES

Proposed Ordinance No. 2003-08 was read for a first reading as follows:� (copy attached)

�� 2003-08

AN ORDINANCE APPROPRIATING $6,016.00 FROM GENERAL CAPITAL IMPROVEMENT FUND FOR THE ACQUISITION OF TWO POLICE RADAR UNITS

RESOLUTION NO. 11

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-08, be and the same is hereby

passed on first reading and ordered published for final hearing on June 25, 2003.

Seconded by Taylor and on roll call unanimously carried.

�GENERAL BUSINESS

Mayor Tripodi said that for the 11 years he has been here, he was proud to say that every year they have a great group.� He said earlier in the evening, before some of the gentlemen arrived,

the government was being run by all ladies.� Mayor Tripodi thanked all of the participants for taking an interest in their government.� He said he hopes they had a fun day and presented each of them with a keepsake gavel engraved with their name.

Councilwoman Fiamingo thanked her student representative and said she did a wonderful job, as did all of the students.

Councilwoman Colosimo congratulated all of the students and said they did a fantastic job.� She said prior to this meeting, she attended a Drug Alliance meeting and one of the things that always seems to be true is that when kids are involved in school activities and athletics, it keeps them away from drugs.� She said this shows what a truly great community we have, as these students are wonderful representatives of the youth of our Borough.

Councilman Jankunas thanked all of the students for participating and noted that none of them seemed nervous.� He added that you never know, some of these students may be back in a few years as a Councilperson or Mayor.

Councilman Taylor said he would like to thank the parents and the family members for coming out to support their children in what he feels is a great event.� He said he was glad that the parents were able to attend and see what goes on at a Council meeting and said that he himself was a participant in this program almost 15 years ago and it still sticks with him.� He said it was a great event to be involved in an shows pride in the community.�

Mayor Tripodi noted that when Councilman Taylor participated in Youth in Government Day 15 years ago, his role was that of the Borough Attorney�s and he is an attorney now.

MEETING OPEN TO THE PUBLIC

No one desiring to be heard, it was moved by Colosimo, seconded by Fiamingo 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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