REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, MAY 8, 2002.� COUNCIL PRESIDENT ED GALASSO PRESIDED.

ROLL CALL

Roll Call at 8:04 P.M. showed the following Council Members present:� Carmela Colosimo,

Gregg David, Richard Falcetano, Kathi Fiamingo, Ed Galasso, and Robert Taylor.� Mayor Michael Tripodi was absent.

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

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

MINUTES

It was moved by Falcetano, seconded by Fiamingo and carried, that the minutes of the Work Session Meeting of April 23^rd and the Regular Meeting of April 24, 2002 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

SPECIAL PRESENTATION � PROJECT GRADUATION CHECK

Acting Mayor Galasso called forward Municipal Drug Alliance Coordinator Paulette Drogon

to present a check for Project Graduation.� Mrs. Drogon explained that every year the Kenilworth Alliance donates a check to the H.S. which will be used towards their Project Graduation party which is an event held immediately after graduation in an effort to keep our graduates drug and alcohol free.� Receiving the checks were Denise Cantaloupo and Judy DeSciscio, the PTO Coordinators and 4 seniors from the graduating class.

COMMUNICATIONS AND PETITIONS

1. Letter from Dorothea Krihak inviting Mayor and Council to attend a tree planting at Black Brook Park on Saturday, May 11^th at 9:00 A.M.����
2. Initiation to Mayor and Council to attend the Kenilworth Fire Department�s 2002

Memorial Services on Thursday, May 23^rd at 8 P.M. at the Kenilworth Veterans Center.

3. Letter from residents requesting that the 9^th Street Park be open for the Summer

Recreation Program.

4. Invitation to Mayor and Council from American Legion Post 470 and VFW Post 2230

to attend their Memorial Day Service on Monday, May 27^th at 11 A.M. at the Kenilworth

Veterans Center.

5. Youth in Government Day will be observed at the next Council Meeting on May 22^nd.

REPORTS

1. Police Department Report for the month of April, 2002.
2. Construction Department Report for the month of April, 2002.
3. Borough Clerk�s Report for the month of April, 2002.
4. Rahway Valley Sewerage Authority Meeting Minutes of February 21 and

����� March 14, 2002.

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

REPORTS OF COMMITTEES

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that at last night�s work session meeting they reviewed a number of items which pertain to emergency appropriations needed for various problems which have come up and have requested that our auditor review the finances, in particular the capital expenditures, and requested that he report back to Council. She said she is working with the CFO

to come up with a purchasing policy and provide general guidelines so that all of the department

heads are aware of the requirements.� Councilwoman Fiamingo also announced that there will most likely be a need for a special meeting for July to adopt the budget.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Colosimo read a report from Superintendent Ryan which stated that sealed bids will be received on Monday, May 13^th for Tree and Arboreal Services.� She said they have received 3 quotes to repair the damaged wall behind Borough Hall, however, she said there was some discrepancy re: the work to be done so they will not be accepting these bids and said Dan will be reporting back to her with a clearer explanation of what needs to be done.� She reported that on April 30^th there was a blockage in one the 8� sewer lines by 14^th Street and said they needed to call Cranford for assistance, as our sewer jet was down.� They eventually had to call in Barone Construction to repair the line and it is fixed for the moment.� Councilwoman Colosimo announced that last night the Council met with Borough Engineer Mike Disko and he discussed the sewer problem.� He said to replace the line it will cost between $75,000 - $100,000.� She said they are looking into fixing the ramp at the Library and that will cost anywhere between $15,000.

and $44,000.� She said the fuel pumps at the yard are also down and need to be replaced which will be a cost of $9,000. to $10,000.� Addressing the residents from No. 24^th who were present this evening, Councilwoman Colosimo reported that the street was eligible for the CD grant, based on the statistics received from the 1990 census, however, this year the state cut back�

and instead of approving 3 or 4 projects, they only gave us 2 projects.� She said she asked Dr. Disko for an approximate cost and he said $100,000. to do from Washington to Monroe and

$200,000. to do from Washington to Center Street.� Councilwoman Colosimo said she did go down the street to the Lynch home and saw the tree with the roots coming up through the street.

She said they would have to put in about $10,000. for seed money and has asked Dianne Marus to speak to Jim Cerullo and find out what the difference would be in our debt service.�

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso read the following from the Chief�s report for the month of April:

Sgt. Hannon attended UCERT training, Offs. Obiedzinski, Giacalone, Devlin, & Smith attended Narcotics Enforcement Training, Sgt. Grady attended a course on Electronic Traffic Measuring,

Off. Marranca attended a course on Organized Crime and another course on Weapons of Mass Destruction, Off. Smith attended a training session on Defensive Tactics for Female Officers, Off. Obiedzinski and Marranca attended a breathalyzer certification class, Sgt. Hannon and Off. Marranca attended a seminar on Handling Emotionally Disturbed Persons, Officers Marranca and Leuddeke attended a training course on Club Drugs, Capt. Phillips, Lt. Moll, Det. Dopf, Sgt. Grady and Sgt. Hannon attended a seminar on Crisis Intervention for Police Officers.

He also announced that semi-annual Weapons Requalifications were held this month and all officers qualified, and Sgt. Hannon was promoted to Squad Leader for the Union County Emergency Response Team.� Councilman Galasso also referred to item no. 7 on� this evening�s agenda where we will be proclaiming the week of May 12 � 18, 2002 as �Police Week� and

May 15^th as �Peace Officers Memorial Day�.� He announced that the Council gave permission last night for the officers to purchase a medium weight jacket with a zip out lining to be worn when it is too warm for their leather jackets and cool for just a shirt, noting that the Governing Body must approve all uniform changes or additions. Councilman Galasso also reported that on May 6^th, Officer James Grady began his assignment as the School Resource Officer.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman Falcetano said they received a letter from residents requesting that the 9^th Street Park be open this summer and announced that all three parks will be open.� He said that at the first meeting in June the Governing Body plans to honor our members of the Kenilworth Volunteer Fire and Rescue Squads who were involved in responding to the World Trade Center attack and we will have a resolution honoring them.� Councilman Falcetano asked that the following letter be included into the minutes:

����������� Dear Chief Giordino:

��������������� I want to take this opportunity to thank you again for your fascinating story time and presentation at the at

��������������� library.� In addition to having fun, the kids in attendance were able to learn a lot of important information

��������������� about fire safety.� If possible, we�d love to have you come back and do a program for adults when you have ����� the time.

��������������� If there is any way that the library can be of service to you and the fire department, please do not hesitate to

��������������� call on us.

��������������� Yours truly,

��������������� Dale Spindel

��������������� Library Director

This concluded Councilman Falcetano�s report.

�

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David shared the following letter with the community, on behalf of the Kenilworth Historical Society:

����������� Dear Councilman David:

��������������� Thank you for taking the time to share with me your concerns regarding the historic Nitschke house in the

��������������� Borough of Kenilworth.� I am pleased to know that through the efforts of the Union County Manager, the

��������������� Union County Board of Freeholders and the Union County Historic Preservation Program, a grant has been

��������������� allocated to the Historical Society to move and relocate the historic Nitschke house.

��������������� I heartily endorsed this proposal and look forward to see this piece of Union County history as a part of our

��������������� proud and historic 20^th Legislative District landscape.

��������������� Sincerely,

��������������� Raymond J. Lesniak

��������������� Senator, 20^th District

He explained that the Historical Society received a $40,000. grant last week from the Union County Freeholders and this should ensure that the Nitschke house will be successfully moved to its new location and secured in its foundation.� Councilman David wished to publicly thank the

Union County Freeholders, in particular Mary Ruotolo who sponsored the grant on behalf of the Historical Society.� He added that the grant was a pleasant surprise.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor reported that the ramp outside the Library is in disrepair and Dr. Disko did present two options for repair and replacement.� He said he is looking forward to Dr. Disko�s next presentation because this is a serious problem, among other serious problems within the Borough which need to be addressed in an expeditious manor.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 through 7 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 Fiamingo. 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.

CONSENT AGENDA (CONT.)

RESOLUTION NO. 2

Resolution appears on the following page.� (Treasurer authorized to draw a warrant to refund Tax

����������������������� ����������������������� ����������� ����������� Sale Certificate #01-005 - $4,846.82)

RESOLUTION NO. 3

Resolution appears on the following page.� (Collector of Taxes to remove Senior

����������������������� ����������������������� ����������� ����������� Citizen/Surviving Spouse deductions for Tax Year

����������������������� ����������������������� ����������� ����������� 2001 from properties no longer qualifying for said

����������������������� ����������������������� ����������� ����������� deduction and to further bill these properties for

����������������������� ����������������������� ����������� ����������� properties for the amount shown)

RESOLUTION NO. 4

Resolution appears on the following page.� (Tax Collector authorized to send out estimated tax

����������������������� ����������������������� ����������� ����������� bills for the Third Quarter 2002 and to set the tax

����������������������� ����������������������� ����������� ����������� rate at $2.50)

RESOLUTION NO. 5

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

RESOLUTION NO. 6

Resolution appears on the following page.� (Proclaiming the week of May 5 � 11, 2002 as

����������������������� ����������������������� ����������� ����������� �Hunger Awareness Week� in the Borough)

RESOLUTION NO. 7

Resolution appears on the following page.� (Proclaiming the week of May 12 � 18, 2002 as

����������������������� ����������������������� ����������� ����������� �Police Week� and May 15^th as �Peace Officers

����������������������� ����������������������� ����������� ����������� Memorial Day�)

ORDINANCES

�Proposed Ordinance No. 2002-07 was read for a second reading as follows:� (Copy appears in

����������������������� ����������������������� ����������������������� ����������������������� ����������� minutes of April 24, 2002)

����������������������� ����������������������� ����������� ORDINANCE NO. 2002-07

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 $69,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $65,000 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

Acting Mayor Galasso opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-07.

Livio Mancino, North 24^th Street, asked how much we pay our bonding attorneys since we

have various improvements and capital improvements and it seems as though we are dissecting them.

Councilwoman Fiamingo said she does not know the answer to that question.

Mr. Mancino said we should know, and asked why they are separated into various and capital improvements?

Acting Mayor Galasso deferred to Attorney Vitale who said he does not know why they are separated, as he is not a bonding expert.

Councilwoman Fiamingo said she thinks she knows but does not want to give incorrect information.

Mr. Mancino said that other towns include all improvements into one bond.

Acting Mayor Galasso said he will try to have an answer at the next Council meeting.

No one else desiring to be heard, Acting Mayor Galasso closed the meeting to the public.

RESOLUTION NO. 8

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:� That Proposed Ordinance No. 2002-07, be and the same ins hereby passed on second and final reading and ordered published according to law.

Seconded by Colosimo and on roll call unanimously carried.

ORDINANCES (CONT.)

Proposed Ordinance No. 2002-08 was read for a second reading as follows:� (Copy appears in

����������������������� ����������������������� ����������������������� ����������������������� ����������� minutes of April 24, 2002)

����������������������� ����������� ����������� ORDINANCE NO. 2002-08

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

Acting Mayor Galasso opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-08.

Livio Mancino, No. 24^th Street, said he was curious as to how much of this goes to the police officer?

Acting Mayor Galasso explained that he gets $30.00 per hour, for example, if it is for security yet we charge the client $35.00 per hour.

Mr. Mancino asked if taxes, etc. are taken from the $30.00?

Acting Mayor Galasso said yes.

Mr. Mancino asked if the workman�s comp comes from the $5.00 fee?

Acting Mayor Galasso said yes.

RESOLUTION NO. 9

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-08, 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. 2002-09 was read for a second reading as follows:� (Copy appears in

����������������������� ����������������������� ����������������������� ����������������������� ����������� minutes of April 24, 2002)

����������������������� ����������������������� ����������� ORDINANCE NO. 2002-09

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH � NO PARKING, East Side of North 16^th Street from dead end south for

250 feet

Acting Mayor Galasso opened the meeting to the public for any questions or comments on Proposed Ordinance No.� 2002-09.

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

ORDINANCES (CONT.)

RESOLUTION NO. 10

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:� That Proposed Ordinance No. 2002-09, 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.

GENERAL BUSINESS

No one desired to be heard.

MEETING OPEN TO THE PUBLIC

Livio Mancino, North 24^th Street, thanked Councilman David, on behalf of the community, saying that he was instrumental in the Historical Society receiving the $40,000. grant from the Freeholders, and also in the timely manner that the monies were received because those funds were not supposed to be given out until September.� Mr. Mancino asked if the town was aware that the� work being done on the Boulevard is primarily for the benefit of Schering-Plough?

Acting Mayor Galasso said he was unaware of that, probably because it is a County road.

Mr. Mancino said he was assured that it will be repaved curb to curb.� Mr. Mancino said that the Borough should ensure that whenever there is a street opening, whether it is the Boulevard or a little side street, that it would be repaved curb to curb and this would eliminate these �spot holes�

which you see all over town. Mr. Mancino asked who is responsible for the liability of the police officer who is working the extra duty and does the construction company name the Borough as

�additional insured�?

Acting Mayor Galasso said he thought so but would look into it.

Mr. Mancino stated that landscapers come into our town and when they do lawns, blow the grass into the streets.� Most other towns require that the landscapers vacuum up their grass clippings and dispose of them at their own expense.� He added that most other towns also charge contractors a yearly registration fee and require that they put up a bond before they do any work.

Councilwoman Colosimo informed Mr. Mancino that our Borough does require the contractors to register yearly, however, we do not require a bond.

Mr. Mancino asked if it was true that our Fire Chief or his car was recently involved in �something� at a bar?�� If this is true, then he does not want to discuss this publicly, however,

Mr. Mancino asked if there was a job description for this position or written rules or a log regarding use of Borough vehicles.

MEETING OPEN TO THE PUBLIC (CONT.)

Councilman Falcetano said that it was true that recently the Chief�s car was vandalized.

Acting Mayor Galasso explained that the Borough allows the 3 fire department vehicles to be used 24/7 and the reason being is that when the alarm goes off, the chiefs go directly to the fire to assess the situation while the firemen are suiting up and by the time they are pulling out, they are already beginning to get orders from the scene.� He said they are allowed to use the vehicles in town or within a reasonable distance so they can get back to Kenilworth.� Obviously, they cannot take� it to their house at the lake, however, there is no log.

Mr. Mancino said that it was OK then, to use the vehicles for personal use within the community.

Acting Mayor Galasso said yes because you never know when the alarm will go off.��

�

Mr. Mancino asked if they were on a schedule?

Acting Mayor Galasso said they are not, however, Bob Walck works nights so he is available during the day, while Tony Peters and Lou Giordino work during the day so they are available at night.� The firefighters are on a schedule.� Another reason is that Lou and Bob both do inspections for Fire Prevention and smoke detector inspections.

Mr. Mancino said that he feels there should be some restrictions put in place regarding vehicle use and someone should look into this recent incident he had heard about.� Mr. Mancino said that Dr. Disko should have refrained from promising that the rest of North 24^th Street would be done and added that if he heard Councilwoman Colosimo�s report correctly, two other jobs took precedent over the North 24^th Street project.� Mr.� Mancino said he feels Dr. Disko should be reprimanded for this.� He said his concern is that if Dr. Disko says this will be first on the list for next year�s project that the Borough should plan to do it on their own just in case it gets turned down again.�

Councilwoman Colosimo said there was discussion last night about adding it in to the capital budget.

Mr. Mancino said if you are going to add this street, do it from Washington to Center whether it comes from a CD grant or capital improvements.

Councilwoman Colosimo said she feels it would be foolish not to do the whole street.� At the last meeting, the residents asked what the criteria was for their street to be eligible for a CD grant.� She said it was eligible and at this time she was not sure if they would wait and apply for the grant again.� She explained that all of the options were discussed at last night�s work session meeting.� Councilwoman Colosimo said hopefully we will be ready to go by January and the street could be done in the spring.

Patty Kotch, North 24^th Street, asked what Councilwoman Colosimo meant by �ready by January�?

MEETING OPEN TO THE PUBLIC (CONT.)

Councilwoman Colosimo explained that whether we apply for a CD grant or do a bond ordinance, it should be in place by January.� This way they can go out to bid and the work could be started by the summer.

Acting Mayor� Galasso added that this is a lengthy process and even if we were to put it in now for this year, you would not see a shovel full of dirt turned until maybe October or November.

Councilwoman Colosimo said it is now on record that North 24^th Street is a priority for next year, however, they also did discuss putting in for other streets which also need to be done.

Councilman David said in the past, we have never done a Community Development project until we have actually received the funds.� He explained that if we put the application in this fall, we may not know until early next year if we will be getting the money and those funds usually don�t come in until the fall.� He said he is not sure if this is our personal choice or law, that we wait until the money is in, however, that has been our practice.

Councilwoman Fiamingo said she will find out this information from the CFO.

Ms. Kotch wanted to know when she will know which way the Borough is planning to go with this street.

Councilwoman Colosimo said she would think that by the next meeting they will know if we will be putting No. 24^th Street into the budget for this year or wait for next year�s CD money.

Mr. Geisler, North 24^th Street, said he was the one who presented the petition last year and asked if anyone actually came and looked at the condition of the street.

Councilwoman Colosimo said she went there and saw the condition of the street and the tree in front of the Lynch house.�

Mr. Geisler said the street is so bad that before he cuts the lawn, he has to spend a lot of time picking out the rocks and macadam.

Mr. Mancino said he would like to testify on the street�s behalf in front of the Community Development Board.� He stressed that if the Borough decides to use the capital account, it will not be able to be done until the end of the year, and the CD applications go in by September and you will hear from them by the end of the year.� He said either way you must start now.

Frank, who resides at 140 North 24^th Street, said it has been 52 years since his street has been paved and North 23^rd Street has been done twice.� He said North 24^th Street was patched up real nice and two weeks later someone came and dug it up again.� It was patched with two different colors.� He personally feels the Borough needs a new engineer because he can�t see why we use one from Union and he hasn�t gotten along with the last two engineers we�ve had.

MEETING OPEN TO THE PUBLIC (CONT.)

Jerry Ramos, North 19^th Street, said he walks in the morning and No. 24^th Street is on his route.

He said he has to sympathize with those residents and doesn�t feel they can wait a year or two for a new street.� He asked if it could be patched temporarily as it is dangerous to even walk on.

Councilwoman Colosimo said that patching it would do absolutely nothing.� She added that it is sad that we have so many streets in town that are in such bad shape.

ADJOURNMENT

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.

8:55 P.M.

����������������������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

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

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