REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, FEBRUARY 13, 2002. 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 Robert Taylor.

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 Falcetano, seconded by Fiamingo, that the minutes of the Work Session Meeting of January 22^nd and the Regular Meeting of January 23, 2002 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)

OFFICERS

Mayor Tripodi called forward Chief Dowd, Officer Daniel Sims and Officer Michael Devlin in order to make their appointments to the police department official, as they have now both completed their one year probationary period. Mayor Tripodi read the following resolutions into the minutes:

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved: That Officer DANIEL SIMS, having completed his one year probationary period and upon recommendation of Police Chief William Dowd, be appointed as a permanent patrolman in the Kenilworth Police Department as of February 18, 2002.

Seconded by Colosimo and on roll call unanimously carried.

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved: That Officer MICHAEL DEVLIN, having completed his one year probationary period and upon recommendation of Police Chief William Dowd, be appointed as a permanent patrolman in the Kenilworth Police Department as of February 18, 2002.

Seconded by Colosimo and on roll call unanimously carried.

Officer Sims said he has enjoyed his first year with the department and he is looking forward to the next 24 years. Officer Devlin said he agrees with Officer Sims.

Chief Dowd said he was proud of both men who have proven themselves in the first year they have been here. He said they are wonderful additions to the police department and thanked the Governing Body for making their appointments permanent.

1. Notice to Property Owners regarding an application before the Union Township Board of

2. Notice to Property Owners regarding an application before the Union Township Zoning

Board from Wal-Mart, Inc., Springfield Road, for modification of existing site plan approval and variance approvals so as to install 2 non-illuminated façade signs. Hearing on March 6, 2002 at 7:30 P.M. at the Union Municipal Building.

3. Notice to Property Owners regarding an application before the Kenilworth Planning

Board for site plan and variance approval submitted by Jerome Forman for property

located at 513 Boulevard. Public Hearing to be on February 28, 2002 at 8:00 P.M.

4. Letter received from Ms. Patricia Halle, 636 Jefferson Avenue, complaining about a sewer backup into her home and asking for an answer on the condition of the sewer line since the line was being T.V.�d right before the backup.
5. Letter from Chief Dowd inviting Mayor and Council to attend the Kenilworth WTC Fund

Dinner Dance Fundraiser on Saturday, March 2, 2002.

6. Notice of Tort Claim received from Joseph Francis Martino alleging false arrest and

excessive force by the Kenilworth Police Department. Claim forwarded to our insurance

agent.

7. Notice of Tort Claim received from Melody Damiano alleging harassment by the

Borough, its Police Department and its officers resulting in the near total destruction of the bar�s customer base. Claim forwarded to our insurance agent.

8. Copy of Civil Action Summons filed against Robert Jeans, Sr., for actions arising from

an incident on May 13, 2000 while he was in the employ of the Borough. Forwarded to

our insurance agent.

9. Letter from James DiGabriele, Plant Manager, U.S. Valve Company, 365 Carnegie

1. Police Department Report for the month of January, 2002.
2. Construction Department Report for the month of January, 2002.
3. Borough Clerk�s Report for the month of January, 2002.
4. Rahway Valley Sewerage Authority Meeting Minutes of December 20, 2001.

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

Mayor Tripodi referred to the letter from Chief Dowd regarding the WTC Fund Dinner Dance which is being held on Saturday, March 2nd. He said they are very close to their goal and would like to put it over the goal, adding that the Chief has worked very hard on this and if anyone is interested the tickets are available in the Police Department and are $35.00 each. Mayor Tripodi also announced that on Saturday, February 23^rd, the Kenilworth Drug Alliance and the Project Graduation Committee are sponsoring a NFL Football Team basketball game at David Brearley High School. They will be playing various teams from the community, such as the PBA, the Fire/Rescue Squad, Brearley faculty, a team of Brearley High School players, and the "Ain�t

Got a Prayer" team from St. Theresa�s. He announced that Steven Baker and Lee Rousson from

the NY Giants will be among the NFL players and tickets were available at the Clerk�s office.

Councilwoman Fiamingo reported that the Finance Committee is still working on the budget and Mr. Cerullo will be attending the workshop meeting on February 26^th and he will go over some numbers. She said they are working very hard to keep the numbers within some boundaries.

Councilwoman Colosimo reported that the men are cleaning the creek at Lexington Avenue and hopefully by the end of this month all of the creeks will be cleaned. She announced that over the past few weeks there have been some problems for the residents who live near the Boulevard and

Market Street due to grease being dumped into the sewer lines. Dan Ryan has spoken to the Sanitarian about the problem and hopefully she will be going around to the local restaurants to check their grease traps and we can rectify the problem.

Councilman Galasso announced that he was in receipt of the Chief�s report for the month of January and reported the following: Sgt. Hannon attended UCERT/SWAT Training, Off. Michael Devlin was certified in ASP, and Sgt. Rica, Sgt. Wood, Sgt. Hannon and Sgt. David attended a class on Human Relations. He read in the report where Chief Dowd recommended the permanent appointments of Patrolman Dan Sims and Michael Devlin.

Councilman David announced that he was in receipt of the Construction Official�s report for the month of January and reported total receipts were $24,037. He reported he also had the Zoning Officer�s report which showed 4 complaints, 1 approval and 1 denial.

Councilman Falcetano said that there is a second reading tonight on an ordinance which will create two alternate positions for the Recreation Committee. He reported that on Tuesday evening the Fire Committee met with the Fire Chief to discuss some issues regarding daytime coverage for fire and rescue and the Chief will be looking into some options and will be presenting them to the Council within the next few months.

Councilman Taylor said he will be attending the Library Board meeting tomorrow. He said he will speak to the Sanitarian regarding the grease problem on Market Street and the Boulevard and report back to the Council at the next work session meeting. Councilman Taylor thanked the Mayor and Governing Body, on behalf of the Library Board, for Resolution #10 which honors the late Adeline Schlenker.

Consolidated Bill List appears on the following page.

Resolutions No. 1 through No. 10 are listed under Consent Agenda and will be enacted by one motion in the form listed below.

Council Member David 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: Whereas, the following property was issued a permit, and fees were received by the Building Department;

Whereas, it has been determined that the work will not be done.

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 $153.00 refunded to contractor:

Cameron Construction Company

Mr. Don Cameron

868 Summit Avenue

Kenilworth, NJ 07033

for property located at 681 Summit Avenue

Kenilworth, NJ 07033

Block 151, Lot 14 Permit #02-0024

Be It Hereby Resolved: Whereas, it has been found that an overpayment of 2002 first quarter taxes has been made on the properties listed below:

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 overpayments as stated below.

Block Lot Property Location Amount Check Payable To:

48 18 102 No. 24^th Street $1,828.51 Livio & Maureen Mancino

102 No. 24^th Street

Kenilworth, NJ 07033

72 19 30 No. 8^th Street $887.81 George Kernan

RR2 P.O. Box 2284

Hallstead, Pa 18822

81 17 42 No. 21^st Street $952.29 Angelo Gattozzi

1642 Ramapo Way

Scotch Plains, NJ 07076

Be It Hereby Resolved: That No Passing Zones be established and maintained along Colfax Avenue in the Borough of Kenilworth, County of Union as authorized by the N.J. Department of Transportation on:

Colfax Avenue, in the Borough of Kenilworth, from past Beechwood Avenue

to the Railroad right-of-way at Linden Street

Be It Further Resolved that this Resolution shall take effect upon approval by the Commissioner, Department of Transportation.

Be It Hereby Resolved: That the action of the Mayor in signing a Spot Waste Agreement with

Covanta for "Disposal of Household Waste Generated in the Borough" which extends the current rate charge until the end of February, 2002, be ratified.

Be It Hereby Resolved: That the Borough Clerk be authorized to issue the following Raffle License: #747 � To the David Brearley High School Athletic Booster Club, sponsored by

the PTO, for an Off-Premise Mdse. Raffle to be held on May 22, 2002.

See "Special Presentation" in the beginning of minutes.

See "Special Presentation" in the beginning of minutes.

Resolution appears on the following page. (Requesting approval by the Division of Local

Government Services to establish a Dedicated Trust

by Rider for Snow Removal)

Resolution appears on the following page. (Honoring the late Adeline Schlenker)

Proposed Ordinance No. 2002-01 was read for a second reading as follows: (Copy appears in

ORDINANCE NO. 2002-01

ORDINANCE AMENDING CHAPTER 41 OF THE CODE OF THE BOROUGH OF KENILWORTH

Mayor Tripodi explained that this an amendment to our Recreation Board which would allow for the appointment of 2 alternate members.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-01.

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

Introduced by David who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2002-01, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Colosimo and on roll call unanimously carried.

Proposed Ordinance No. 2002-02 was read for a second reading as follows: (Copy appears in

the minutes of January 23, 2002)

ORDINANCE NO. 2002-02

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

Mayor Tripodi explained that this is an amendment to our salary ordinance, one of which is an adjustment for the salary range for the Chief of Police which reflects his contract renewal for the past year. He also explained how this will raise the range for the stipends for our sub-code officials, which is due to the increased work load at Schering Plough.

Mayor Tripodi opened the meeting to the public for any questions or comments on proposed Ordinance No. 2002-02.

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

Introduced by David who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2002-02, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Colosimo and on roll call unanimously carried.

Mayor Tripodi read resolution No. 10 into the minutes at this time, in honor of Adeline Schlenker. Mayor Tripodi also asked for and it was observed, a moment of silence for the passing of Mildred Sicko, a retired Borough Employee who was a long time secretary for our Police Department.

Fred Soos, Epping Drive, said that Jules Zengewald does a wonderful job with the planters along the Boulevard and feels he should be commended for it. Mr. Soos commended the Mayor and Council for moving forward with the parking situation in front of Harding School, saying that it is working out wonderfully. He also said he read that the Space Utilization Committee is active again and he would like to volunteer his time for this committee.

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

8:20 P.M. Respectfully submitted,

Hedy Lipke

Borough Clerk