REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, APRIL 10, 2002.� MAYOR MICHAEL TRIPODI PRESIDED.

ROLL CALL

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.

MINUTES

It was moved by Fiamingo, seconded by Falcetano and carried, that the minutes of the Work Session Meeting of March 26^th and the Regular Meeting of March 27, 2002 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)

HEARING ON THE 2002 MUNICIPAL BUDGET

Mayor Tripodi introduced Borough Auditor Jim Cerullo who was here this evening to speak about the proposed budget.

Councilwoman Fiamingo said that no one is really thrilled about this budget, however, she will let Jim Cerullo explain it.

Mr. Cerullo said the budget as it was introduced last month calls for a 9 point increase.� The Borough has submitted an application for extraordinary aid and we will probably not hear anything until late June.� He said the pool of money allotted for the aid has been increased by

5 million dollars, so he if we do not get any aid he will be very surprised.� Mr. Cerullo explained that the spending is up approximately 3.6% and we have a shortfall in revenue of over $450,000.

and this accounts for such a large increase.� He said it is more than we have had and costs do go up.� Mr. Cerullo added that last year we had used the surplus to make up for not getting the extraordinary aid and it is coming back to hurt us this year.� He urged the governing body to petition whatever legislators and contacts they may have. �Mr. Cerullo said the majority of the state will have major tax increases, the bulk coming from the school tax levy, due to the cut in state aid.� He said something is not right with the school funding and it is causing a lot of problems.�

Mayor Tripodi asked if any Council Member had any questions.

Councilwoman Colosimo asked how much of the surplus was used?

Mr. Cerullo answered $1.2 million.

Councilwoman asked how much are we planning on putting back, or regenerating?

HEARING ON THE 2002 MUNICIPAL BUDGET (CONT._)

Mr. Cerullo said probably about $900,000. to $1,000.000. with the bulk of it coming from the increase in the deferred school taxes.

Councilwoman Fiamingo asked how much the surplus was at the beginning of the year?

Mr. Cerullo said $2.6 million, so we are using about 46%.

Councilman David asked Mr. Cerullo what our request for aid was?

Mr. Cerullo said $200,000. because that is what we got 2 years ago so they felt they would have a good chance of getting that same amount.

Councilwoman Colosimo asked how many points we were looking at and how much is one point?

Mr. Cerullo said 9 points and 1 point being the equivalent of $16.75, so approximately $150.75

per house.

There being no further questions from the Council, Mayor Tripodi opened the meeting to the public.

Livio Mancino, North 24^th Street, asked if we are still putting $250,000. per year away for the Waldorf case?

Mr. Cerullo said it is part of the debt service.� When the final settlement came in, the portion of it which wasn�t covered by the insurance proceeds was payable over a 5-year period.� He added that we have one more year after this year.

Mr. Mancino asked what the increase for payroll is for this year?

Mr. Cerullo said they have budgeted 4%.

Councilwoman Fiamingo explained that they have budgeted 4%, however, they have not settled on any amount.� They are in the middle of negotiations.

Mr. Mancino asked if the 4% included longevity?

Councilwoman Fiamingo explained that we cannot negotiate longevity.

Mr. Mancino asked what the cap was?

Mr. Cerullo said the cap rate is 2 �% and it can go up to 5%, but there are all kinds of exceptions, it is not a hard cap.

HEARING ON 2002 MUNICIPAL BUDGET (CONT.)

Mr. Mancino asked what the school increase is going to be?

Mayor Tripodi said he believed it was $75. for question #1 which is the budget, and the County is $68.00.

Councilwoman Fiamingo added that she thought that question #2 would be another $50.00.

Mr. Mancino asked if he could anticipate $350. increase for the average home.

Councilwoman Fiamingo said that was if the budget and question #2 passes, and we do not get the extraordinary aid.

Mr. Mancino said that this bothers him because over the years we preached �no tax increase� and now in one year we will be overwhelmed.� He said good business practice would be to prepare for a rainy day.

There being no further questions, Mayor Tripodi closed the Hearing on the 2002 Municipal Budget.

Mayor Tripodi noted that there will not be a vote on the budget until we hear about the extraordinary aid application.

COMMUNICATIONS AND PETITIONS

1.� A Civil Action Summons was received on 4/9/02 regarding T. Pugliese v. Robert E. Jeans, Jr.

���� et al.� Forwarded to our insurance company.

2.� Letter from Denise & Larry Sehnal, 637 Summit Avenue, thanking the D.P.W. for the fine

���� job done in removing a rotting tree and also for the day-to-day operations of the Public Works

���� Department.

REPORTS

1.� Police Department Report for the month of March, 2002.

2.� Construction Department Report for the month of March, 2002.

3.� Borough Clerk�s Report for the month of March, 2002.

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.

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor Tripodi announced that the Borough will be celebrating its 95^th Birthday.� The Historical Society is helping to plan the events which include a poster contest, a reading of the Kenilworth History Book written by Fran Day, a Proclamation and a presentation of the key to the city.� This will be held at David Brearley High School on June 13^th and he will pass along more information as soon as it becomes available.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo referred to the agenda where there will be a first reading on a bond ordinance for capital improvement projects in the budget so we can go out to bid.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Colosimo reported that the cleanup was held on March 27^th and the invoice comes to $34,094. noting that this one cleanup cost more than all three of last year�s cleanups combined.� She said she did discuss adding one more cleanup to the two already scheduled for

2002 with the Council, and will discuss it again in the future.� Superintendent Dan Ryan reported that the� parks are being worked on, the grass has been cut, and the water has been turned on.

Councilwoman Colosimo said there is a problem with the gas and diesel pumps and they will be looking into the cost of repair.� Councilwoman Colosimo read the following letter into the minutes:

����������� Dear Mr. Ryan:

��������������� I�m writing this letter to express by appreciation to your department for the fine job they did in removing

��������������� a rotting tree from my front lawn last month.

��������������� I telephoned and spoke with Mike in the Tree Department; he inspected the medium sized tree the same

��������������� day and contacted Mr. Astone to make a decision because the power lines were running through the tree.

��������������� Mr. Astone visited my home within two days and agreed the tree was rotting and needed to be removed.�

��������������� Astone Tree Service did a neat job and I believe the town followed through with the stump grinding.� The

��������������� whole process was very professional.

��������������� I also want to take the opportunity to thank the Department of Public Works and Carmela Colosimo for

��������������� the� day-to-day cleaning operations the town undertakes.� For example, how quickly our lawn clippings

����������� are removed, the continuous sweep cleaning of both our neighborhood streets and sidewalks uptown

��������������� (it doesn�t go unnoticed!).� Our Public Works Department appears to be a smooth operation and they

��������������� make our town sparkle.� Thanks again and please keep up the good work, we appreciate it!

��������������� Sincerely,

��������������� Denise & Larry Sehnal

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso announced that we will be awarding the towing contract to L&J Body and Fender for the year 2002-2003 and will be passing on second reading an ordinance that will increase off duty fees for the police department.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman David announced that he has the Zoning Official�s report for the month of March which shows 15 complaints, 8 approvals, 3 denials, and 2 correspondences.� He said he� also

has the Construction Official�s report and reported total receipts $22,442. which included building department fees $12,308., smoke detector fees $180., storage trailers $1200., elevator fees $8,045., and trust fees $709.�� Councilman David announced that our Fire Inspector will be

out for approximately 6 � 8 weeks and in his absence our Construction Official has temporarily

hired Mr. Dave Moss and Mr. Joseph Capola who work out of Springfield.� The Planning Board

will be holding its monthly meeting on April 25^th and they have a full agenda.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman Taylor said he has received an update on the grease trap education and information

program which is continuing and he presented it to the governing body last night.� The Library

Board met on Monday and they offered a sincere thank you to the Mayor in anticipation of the

presentation of the George Washington portrait which he received for Mayor of the Year from the Chamber of Commerce.� Councilman Taylor also noted that there is a first reading of an ordinance on the agenda which will amend the parking restrictions in the municipal lot near the Board of Health and Recreation Center.�

BILLS

Consolidated Bill List appears on the following page.

CONSENT AGENDA

Resolutions No. 1 through No. 6 are listed under Consent Agenda and will be enacted by one motion in the form listed below.

Council Member Colosimo moved that all items under Consent Agenda be approved, seconded by Council Member Falcetano.� 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 Agreement with Valley Health Medical Group for Alcohol and Drug Testing Services be continued for a one year period.

CONSENT AGENDA (CONT.)

RESOLUTION NO. 3

Be It Hereby Resolved:�� That� L&J Body & Fender Works be awarded a towing license for the Borough of Kenilworth for a one year period from June 1, 2002 to May 31, 2003.

RESOLUTION NO. 4

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

����������� ����������� St. Theresa�s Father�s Guild

����������� ����������� St. Theresa�s Mother�s Guild

����������� ����������� St. Theresa�s R.C. Church

����������� ����������� St. Theresa�s Rosary Altar Society

All to hold Bingo once a week for one year.

RESOLUTION NO. 5

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

RESOLUTION NO. 6

Resolution appears on the following page.� (Resolution supporting S-478 and A-540 to call a

����������� ����������� ����������������������� ����������� ����������� constitutional convention)

ORDINANCES

Proposed Ordinance No. 2002-03 was read for a second reading as follows:� (Copy appears in

����������������������� ����������������������� ����������������������� ����������� ����������� the minutes of March 27, 2002)

����������������������� ����������������������� ����������� ORDINANCE NO. 2002-03

ORDINANCE AMENDING CHAPTER 91-4 OF THE BOROUGH CODE � OFF DUTY POLICE SERVICE FEES

Mayor Tripodi explained that this is for off-duty police officers and their services to vendors and allows the Borough to collect a $5.00 per hour administrative fee.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed

Ordinance No. 2002-03.

����������������������� ����������������������� �����������

ORDINANCES (CONT.)

HEARING ON PROPOSED ORDINANCE NO. 2002-03 (CONT.)

Livio Mancino, North 24^th Street, wanted to know if the administration fee is $5.00 an hour then what does the officer get?

Councilman Galasso said the officer would get $30.00 per hour because we bill the client $35.00 per hour.

Mr. Mancino asked if the $30. goes into the payroll and the officer has to pay social security and

FICA, etc.?� He explained that the Borough has to eventually match their social security and those deductions should come from that $30. or the Borough pays for it.

Mayor Tripodi referred the question to the Borough C.F.O., Dianne Marus who was present.

Mrs. Marus explained that there are different factors involved in the calculations, for example, police officers hired prior to 1987 are not subject to the Medicare or the social the security portion.

Mr. Mancino said that you are charged on your insurance based on your payroll.� Five dollars is not going to cover, for example, if you have 250 hours a year for the service fee. The $30. and the $5. should be recalculated because the bottom line is that the Borough will just break even, or

not even cover the payroll costs.� Mr. Mancino said that your workman�s comp is included in the service that was rendered, unless the person you are providing the services for is picking up the comp.� He also said that the Borough should be named as additional insured.�

There being no further questions, Mayor Tripodi closed the meeting to the public.

Borough Clerk Lipke brought to the Mayor�s attention the fact that Proposed Ordinance No. 2002-03 will need to be amended as discussed at last night�s work session where Councilman Galasso pointed out that the ordinance reads �Administration Fee - $5.00� when it should read �$5.00 per hour�.

Councilman Galasso made a motion to amend Ordinance No. 2002-03 to read $5.00 per hour.

It was seconded by Falcetano.� Upon discussion, Councilman David said considering the information we just heard, unless we know that the $5.00 per hour will sufficiently cover all of the expenses involved, we� look at it before passing it.

Councilman Galasso made a motion to withdraw the motion to amend Ordinance No. 2002-03.

Councilman David made a motion to table Ordinance No. 2002-03, seconded by Councilman

Galasso and upon roll call unanimously carried.

ORDINANCES (CONT.)

Proposed Ordinance No. 2002-04 was read for a first reading as follows:� (Copy attached)

����������������������� ����������� ���������� ORDINANCE NO. 2002-04

A BOND ORDINANCE AUTHORIZING VARIOUS IMPROVEMENTS IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $437,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $296,400 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

Mayor Tripodi explained that this bond ordinance is for various improvements, which are listed under Section 1.� Second reading will be April 24^th.

RESOLUTION NO 8

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-04, be and the same is hereby passed on first reading and ordered published for final hearing on April 24, 2002.

Seconded by David and on roll call unanimously carried.

Proposed Ordinance No. 2002-05 was read for a first reading as follows:� (Copy attached)

����������������������� ����������� ���������������� ORDINANCE NO. 2002-05

ORDINANCE AMENDING CHAPTER 170 OF THE CODE OF THE BOROUGH OF KENILWORTH � RESTRICTIONS AFTER RECONSTRUCTION OF RESURFACING OF

ROADS

Mayor Tripodi said this amends the street opening ordinance to allow for discretionary street openings in the 5^th year after it was paved.

RESOLUTION NO. 9

Introduced by David who also moved its adoption.

Be It Hereby Resolved: ��That Proposed Ordinance No. 2002-05, be and same is hereby passed on first reading and ordered published for final hearing on April 24, 2002.

Seconded by Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2002-06 was read for a first reading as follows:� (copy attached)

����������������������� ����������� ����������� ORDINANCE NO. 2002-06

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH � Restrictions on Parking in Municipal Lot No. 4 (Recreation Building)

ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-06 (CONT.)

Mayor Tripodi explained that is to amend the parking restriction ordinance specifically the side lot of the Recreation Bldg. and this is to allow the Board of Health and Recreation Department

access to those spaces in addition to further borough business.� There will be a penalty provision and enforcement to have the vehicles removed.

RESOLUTION NO. 10

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-06, be and the same is hereby passed on first reading and ordered published for final hearing on April 24, 2002.

Seconded by Galasso and on roll call unanimously carried.

GENERAL BUSINESS

None

MEETING OPEN TO THE PUBLIC

Livio Mancino, North 24^th Street, said he does not need an answer tonight, however, he would like to know if the money generated by the Building Department and other enforcement agencies

are able to sustain the payroll generated by those departments.

Councilman David said the Building Department generates more than enough to offset their payroll.

Mr. Mancino said they just resurfaced 24^th Street, however, they did not put a new street in.� He said if this was the recommendation of the Borough Engineer, then he is not doing a good job.

Councilman David asked Mr. Mancino if the street was stripped?

Mr. Mancino said it was resurfaced.� He said 10 years after he moved here, they did 23^rd Street

and they laid the stone, sand, and mesh and it was done right.� They recently redid it as an overlay and he can understand why, however, he cannot understand why they just did an overlay on 24^th.� While they were doing the work, the contractors parked their machines on the lower part of 24^th and the junk fell all over the street.� (Mr. Mancino asked that the records show that he was

told by the Borough Engineer that the lower part of 24^th Street would be done in August.)

He said because of this Washington Street, is now splitting so he hopes the Borough received a performance bond.� Mr. Mancino said the contractors swept the extra stone onto Washington and

the Boulevard and they should have picked it up.� Someone has to call the bonding company and say that if they do not come back to clean it up and do it right, then they have to pay for it.

MEETING OPEN TO THE PUBLIC (CONT.)

Mr. Mancino said it was also a big liability when the contractors were done in the evening, they would leave their equipment and vehicles parked all over the unfinished street.� He said it was amazing that no one was hurt or got killed.� Another thing Mr. Mancino said he saw was while the street was being worked on and blocked off to the traffic, a car decided to go around the cones and go down the street anyway coming up from behind the police officer who was on duty and if someone didn�t yell, he would have been killed.� He urged the Mayor and Council to be careful.

ADJOURNMENT

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

8:45 P.M.

����������� ����������� ����������������������� ����������������������� ����������������������� ����������� Respectfully yours,

����������������������� ����������������������� ����������������������� ����������������������� ����������� Hedy Lipke

����������������������� ����������������������� ����������������������� ����������������������� ����������� Borough Clerk