REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, DECEMBER 12, 2001. MAYOR MICHAEL TRIPODI PRESIDED.

Roll Call at 8:00 P.M. showed the following Council Members present: Carmela Colosimo, Gregg David, Richard Falcetano, Kathi Fiamingo, Ed Galasso and Richard LoForte. Councilman-Elect Robert Taylor, Jr. was also present.

Mayor Tripodi read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Tripodi.

It was moved by Fiamingo, seconded by Falcetano and carried, that the minutes of the Work Session Meeting of November 27^th, Regular Meeting of November 28^th, and Special Closed Session Meeting of November 29, 2001 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.

Mayor Tripodi called forward the following winners from the Halloween House Decorating Contest and presented them with a $25.00 check, on behalf of the Pride in Kenilworth Committee. Mayor Tripodi thanked everyone for their participation and explained that you cannot win two years in a row, so the winners that are here tonight will be ineligible next year.

District #1 � Suzanne & William Donnelly, 22 Pembrook Drive

District #2 � George & Hedwig Benko, 5 Via Vitale

District #3 � Barbara Weslock, 564 Passaic Avenue

District #4 � Ralph Schoner, 707 Summit Avenue

District #5 � Donna Wood, 364 Coolidge Drive

District #6 � Donna Frank, 52 North12th Street

Mayor Tripodi called forward Chief Dowd and Lt. Phillips and referred to item #11 on the Agenda which promotes Lt. Scott Phillips to the rank of Captain. He congratulated Captain Phillips on his promotion and commended his for his efforts, especially in the area of drug investigations. Mayor Tripodi read the following resolution into the minutes:

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved: That LIEUTENANT SCOTT PHILLIPS be promoted to the rank of Captain in the Kenilworth Police Department as recommended by Chief William Dowd effective November 26, 2001.

Seconded by David and on roll call the vote was as follows: Colosimo, David, Falcetano, Fiamingo, and Galasso, "YES"; LoForte, "NO".

Chief Dowd congratulated Captain Phillips on this well deserved promotion and said he was proud to have him as his "next in command" adding that the town was fortunate to have a man of his character as Captain.

It was moved by Falcetano, seconded by David and carried, that the meeting be adjourned for a

5 minute recess.

It was moved by Councilwoman Fiamingo, seconded by Falcetano and carried, that the meeting be brought back into session.

1. Letter from Comcast announcing they have reached an agreement with Excite@Home

Internet and there will be no disruption in either residential or business internet services.

2. Letter from Nancy Baton, Principal, David Brearley Middle/High School, supporting the

establishment of a School Resource Officer in the Kenilworth School District.

3. Letter from Leonard & Lenore Achor, 101 North 13^th Street, reporting another sewer back

up into their home and asking that the problem be corrected.

1. Municipal Court Report for the month of November, 2001.

2. Borough Clerk�s Report for the month of November, 2001.

3. Construction Department Report for the month of November, 2001.

4. Police Department Report for the month of November, 2001.

5. Rahway Valley Sewerage Authority Meeting Minutes of October 18, 2001.

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

Mayor Tripodi wished everyone a happy and healthy holiday season and reported that the annual tree lighting ceremony went very well and thanked the Pride in Kenilworth Committee, the Bears

That Care, the Girl Scouts, the Boy Scouts and St. Theresa�s for their contributions.

Councilwoman Fiamingo said she had nothing to report, however, she wished everyone a happy and healthy holiday.

Councilwoman Colosimo said she hopes that the residents have noticed that the leaves have been picked up and the department did a wonderful job. She reminded residents that they should never park on top of leaves as this presents a hazard. She announced that the 2002 schedules will be delivered shortly, however, the bulky waste schedule will not be listed as we are still in the bidding process. Councilwoman wished everyone a happy and healthy New Year and congratulated Lt. Phillips on his promotion to Captain, adding that she is sure he will continue to do an outstanding job.

Councilman Galasso read the following highlights from the Chief�s report for the month of November: Lt. O�Malley and Sgt. Grady attended a NCIC Missing Persons Seminar, Sgt. Hannon attended UCERT/SWAT Training, LT. O�Malley and Off. Giacalone attended a course on Weapons of Mass Destruction, Det. Dowd attended a seminar on Homicide Investigations, Det. Zimmerman attended GREAT Training recertification and Sgt. Grady instructed the recruits at the Police Academy on Evasive Driving and Radar Operations. He also reported that on November 8^th, members of the Kenilworth Police Dept. with assistance from the State A.B.C. and Roselle Police Dept. executed a search warrant at Melody�s Tavern and as a result three arrests were made. One of the arrests was the manager of the bar for possessing drugs with the intent to distribute them. The State A.B.C. will be preparing charges pertaining to the license itself. Chief Dowd commended Off. Justin Marranca for his work on this case, along with the other members of the department who participated. As of January 7, 2002 Officer Mark Scuderi will be assigned to work in the Detective Bureau. Councilman Galasso also announced that probationary Officers Christopher Bryson and Valarie Benkovich have graduated from the Police Academy and are now working, adding that Off. Benkovich finished first in her class and received the High Academic Achievement Award with a 98.2 final average. He also noted that the PBA participated in a charity basketball game against the Recreation Department and the PBA remains undefeated.

Councilman LoForte announced that he was in receipt of the Building Department�s report for the month of November and the total receipts were $5,025. which included building fees, state fees, and smoke detector fees. He reported that 39 permits were issued which included

32 alterations, 6 additions and 1 new construction. He was also in receipt of the Zoning Enforcement Officer�s report which listed 23 complaints acted upon, 6 approvals, and 3 denials.

Councilman LoForte read the following excerpt from the Zoning Officer�s report into the minutes:

To: Sgt. Ken Grady

From: Frank Rica, Zoning Enforcement Official

In response to the police complaint we received on the above referenced property, please be advised

an inspection was made and found seven commercial vans being used as home improvement businesses.

The vans were all parked on North 8^th Street and there were also several vehicles parked on the street

which were owned by people who did not live in the Borough. These people parked their cars to pick up

vans to go to work.

Councilman LoForte said that the memo contained their license plate numbers and added that this is a growing problem, as we have noticed in the Borough and is important enough that the town must address in order to keep our town the way it is.

Councilman Falcetano said he had no report but wished the Council and residents happy holidays.

Councilman David reported that the Library Board was having their last meeting of the year tomorrow evening at 7:00 P.M. The Welfare Board called a special meeting next Thursday,

December 27^th at 7:00 P.M. Councilman David wished his colleagues and residents a happy and healthy holiday season.

Consolidated Bill List appears on the following page.

Resolutions No. 1 through 10 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 Falcetano moved that all items under Consent Agenda be approved, seconded by Council Member Colosimo. Upon roll call the vote was unanimous.

Be It Hereby Resolved: That all bills be paid when properly audited and funds are available.

Be It Hereby Resolved: That the Chief Finance Officer be authorized to pay all necessary bills after December 31, 2001 until the next regular meeting in 2002.

Resolution appears on the following page. (2001 Budget Transfers)

Be It Hereby Resolved: That the Chief Finance Officer be and is hereby authorized to make transfers, if necessary, for the remainder of the Budget Year 2001.

Be It Hereby Resolved: That the attached list of Retirees be reimbursed for their payments for Medicare coverage from July 1, 2001 to December 31, 2001 inclusive, in accordance with

Chapter 231, PL. 1970 State of New Jersey.

Resolution appears on the following page. (Treasurer authorized to refund 2001 Taxes on

certain properties due to the granting of Senior

Citizen and Veteran deductions)

Resolution appears on the following page. (Collector of taxes authorized to remove Senior

Citizen/Surviving Spouse deduction for the Tax

Year 2001 for certain properties no longer

qualifying for said deduction and to further bill

these properties for the amounts shown)

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

License: #742 � to the St. Theresa�s Home School Association for an Off-Premise 50/50 to be held on April 13, 2002.

Be It Hereby Resolved: That Police Officer Mark Scuderi be assigned by Chief William Dowd to the Detective Bureau as of January 7, 2002.

Be It Hereby Resolved: That the Mayor be authorized to sign Police Chief William Dowd�s

Contract for the years 2001 and 2002.

Proposed Ordinance No. 2001-23 was read for a second reading as follows: (Copy appears in

the minutes of November 28, 2001)

ORDINANCE NO. 2001-23

AN ORDINANCE AMENDING ORDINANCE NO. 2001-18 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH

Mayor Tripodi explained that the Local Assistance Board appropriated money for a recording secretary and this will add the position so that the employee can get paid.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2001-23.

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

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2001-23, 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.

Proposed Ordinance No. 2001-24 was read for a second reading as follows: (Copy appears in

the minutes of November 28, 2001)

ORDINANCE NO. 2001-24

A BOND ORDINANCE AUTHORIZING RENOVATION OF THE MUNICIPAL BUILDING CUPOLA, INCLUDING REMOVAL OF ALL DETERIORATED OR ROTTEN SECTIONS, RECONSTRUCTION OF VARIOUS SECTIONS, WATERPROOFING IMPROVEMENTS, PAINTING AND MISCELLANEOUS ROOF FLASHING AND REPAIRS, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $50,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $48,000 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

Mayor Tripodi said the council agreed that in order for the roof to properly be done, the much needed repairs to the cupola would be addressed first if there was any money left over from other projects.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2001-24.

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

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2001-24, 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.

Mayor Tripodi said the holiday season is always a time for reflection and he has been thinking about the sacrifices all of his colleagues make through out the year as a member of the governing body, explaining that your are never off the clock. He said that Rich LoForte is no stranger to serving the Borough as he has been active in the Recreation Department, he was our Emergency Management Coordinator, he has been a long time member of the Planning Board and will soon serve as an alternate member of the Planning Board. Mayor Tripodi said he trusts his judgment and integrity and cannot say enough about him and we will miss him. After acknowledging Rich�s wife Denise and son Robert who were in the audience (daughter Kristen was not here as she is in college), Mayor Tripodi read the following Proclamation into the minutes:

Proclamation proclaiming December 12, 2001 as "Richard LoForte Day" (copy attached)

Councilwoman Fiamingo congratulated Rich and said she has only had the pleasure of working with him for the past year and he truly has been a committed member of the governing body.

Councilwoman Colosimo said it has been her pleasure and privilege to work with Rich for the past 6 years and said he is truly a gentleman and truly an honorable man. She said she wishes him, his wife and family the best and from experience can say that it does take a lot of time away from the family.

Councilman Falcetano congratulated Rich and his wife Denise, saying that it has been an honor and a privilege to serve with him. They had worked together on the Finance Committee and also the Planning, Zoning and Ordinance Committee where they worked on the Master Plan.

Councilman Galasso said that he and Rich go back many years and it was a pleasure serving with him. He said Rich is honest, he has integrity, and said you can argue with him but stay friends.

Councilman Galasso said it is a pleasure knowing him as a friend and a pleasure serving with him as a councilman. He added that he will also miss him because now he becomes the oldest member of the Governing Body.

Councilman David said it has been his privilege to have served with him and although they have not always seen eye to eye, he was happy to say they�ve agreed more than disagreed. He said he has truly enjoyed working on the PZO Committee with him as they accomplished a lot in this area especially since this is one area that they do see eye to eye in. Gregg thanked Rich, on behalf of the Borough and the residents, for his years of service and said he will be seeing him on the Planning Board.

Fred Soos, Epping Drive, thanked the Mayor and Council for making Scott Phillips the Captain tonight. Mr. Soos wished everyone a Merry Christmas and Happy New Year and said he wished to make a few comments about Rich LoForte. He said he has known Rich since about 1967 and at one time or another in one capacity or another and except for a small minority of people, most

are unaware of what actually goes on here. There are many hours spent here at Borough Hall, many hours spent away from your family, and many hours attending events. A lot of time is given and this is not a very well paid job. On behalf of the community, Mr. Soos said he would like to thank Rich for his time and effort not for just the past 6 years, but for everything he has done for the last 35 years.

Livio Mancino, North 24^th Street, said he has crossed paths with Rich LoForte many times and he is very dedicated to our community. He wished Rich good luck. Mr. Mancino said the Kenilworth Sports Hall of Fame is almost a reality as the by-laws have been passed and the golf outing at the Foxwoods proved to be very successful. He said that he has read some comments on the

community chat-page on the internet and wishes to let everyone know that the by-laws will be published on the internet in it entirety. Applications will be available after the first of the year.

Mr. Mancino said that after he spent thousands of dollars to put belgium blocks in around the corner of his house, someone decided to come by and paint the blocks in compliance with the stopping area on the street. He has checked with other towns and what they do when there is belgium block down is they paint the yellow line 1 � ft. wide to or from the stop sign. This way it does not affect the beauty of the house and is much more effective. He said he feels it was unfair for him to have his blocks painted even though there is nothing he can do now. To Councilwoman Colosimo, Mr. Mancino said he noticed on North 24^th Street, from the Boulevard to Washington Avenue is being prepared for reconstruction and it is a well deserved street.

He said he does not feel 23^rd Street should have been done. He asked why you would not continue to complete the street while you are ripping it up any way? He said it would only be another block or block and a quarter. He feels there should be at least 5% of the additional cost somewhere in the capital budget to do this. Mr. Mancino said that his neighbors feel that the street is not being done because he is the ex-mayor so he is announcing tonight that he is moving.

Councilwoman Colosimo said she agrees with Mr. Mancino in the respect that when a street is done that it should be completed. She said that there are a lot of streets that are much worse and we depend upon the word of the Borough Engineer.

Mr. Mancino said that 22^nd street is on the calendar, however, there are 26 holes from his corner to the end of the street. It should be taken care of. He said he feels it is foolish that money cannot be taken out of the capital budget at the time the equipment and utility companies are all there and available. In the long run it will be less expensive. At this time, the Borough is already aware of what Community Development funds have been approved so that money should be augmented with capital funds. He said he knows that we have not depleted the capital funds for 2001.

Councilwoman Colosimo explained to him that although the money has not yet been paid out, it has been appropriated for specific projects.

Mr. Mancino suggested that someone check with Dianne Marus to see if all of the capital money from 2001 has been spent.

Councilwoman Fiamingo asked him where the balance of 95% of the project will come from?

Mr. Mancino said it should be bonded out.

Councilwoman Fiamingo said she will speak to Dianne about this.

Mr. Mancino said the longer to wait to do it, the more it will cost and it is foolish not to do it when the equipment is already there.

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

8:50 P.M. Respectfully submitted,

Hedy Lipke

Borough Clerk