REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, JUNE 12, 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, and Robert Taylor.� Councilman Galasso was absent.

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 Falcetano, seconded by Fiamingo and carried, that the minutes of the Work Session Meeting of May 21^st and the Regular Meeting of May 22, 2002 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

SPECIAL PRESENTATION � HONORING KENILWORTH VOLUNTEER FIRE

�������������������������������������������������� DEPARTMENT AND RESCUE SQUAD MEMBERS

Mayor Tripodi called forward Councilman Falcetano and Chief Lou Giordino to assist with the presentation of Certificates of Appreciation to members of the Fire and Rescue Squads who

in some way participated in the call for help during the September 11^th World Trade Center tragedy.� Mayor Tripodi said that the Governing Body is proud of the members who volunteered

their time and even gave up a week of work to either go to New York or stay in Kenilworth and

man the firehouse.� Mayor Tripodi read the� following resolution into the minutes:

����������� WHEREAS,� on September 11, 2001, the World Trade Center in New York City was attacked by terrorists; and

��������������� WHEREAS,� this was a national disaster of unprecedented proportions; and

��������������� WHEREAS,� emergency personnel from New Jersey were mobilized to provide support for the emergency rescue efforts around the World Trade Center; and

��������������� WHEREAS,� members of the Kenilworth Volunteer Fire Department and Rescue Squad responded to provide whatever help was needed; and

��������������� WHEREAS,� the Mayor and Council of the Borough of Kenilworth, on behalf of the citizens of the Borough, wish to express their pride and gratitude to our Volunteer Fire Fighters and EMT�s who responded to this disaster.

�������������� NOW, THEREFORE, BE IT RESOLVED� that the Governing Body of the Borough of Kenilworth recognize and applaud the efforts of the following Kenilworth Volunteer Fire Department and Rescue Squad members for their actions on September 11, 2001:

�� Chief Lewis Giordino ��������������� Deputy Chief Robert Walck���� Captain Joseph Padula�����

�� Captain Robert Fonte����� ��������������� Captain Anthony DeLuca ��������������� Lieutenant Alan Jankunas

�� Lieutenant Richard Orlando��������������� Lieutenant Brian Soos������� ��������������� Firefighter Michael Scuderi

�� Firefighter Kevin Preston��������������� Firefighter William Lomonaco��������������� Firefighter Raymond Fogel

�� Firefighter Peter Crincoli� EMT Cindy Schroeder� ��������������� EMT Raymond Devlin

�� EMT Gilda Sevret���� ��������������� EMT Jennifer Okienewski����������� ��������������� EMT Denise Filipek

�� ���������������������������� ��������������� ��������������� EMT Eileen Egan

The honored members also received pins.

COMMUNICATIONS AND PETITIONS

1. A Civil Action Summons was received on 6/4/02 regarding Arikan, Inc. & Mark Buynak

v. Borough of Kenilworth Planning Board/Board of Adjustment and Jerome Forman.���� This has been forwarded to our insurance company.

2. The Kenilworth Historical Society has requested permission to use the Senior Citizens

Building for their once a month meeting.

REPORTS

1. Police Department Report for the month of May, 2002.
2. Construction Department Report for the month of May, 2002.��
3. Borough Clerk�s Report for the month of May, 2002.
4. Rahway Valley Sewerage Authority Meeting Minutes of April 18 and May 11, 2002.

It was moved by Falcetano, 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

Mayor Tripodi referred to Resolution No. 9 on the Consent Agenda which he will be presenting tomorrow evening at David Brearley H.S.� The event is being sponsored by the Kenilworth Historical Society and will honor the Borough on its 95^th anniversary.� There will be a presentation of awards to the contest winners, a reading of the book �The Little Town That Did Not Have A Name� which is authored by resident Fran Day and will be read by Barbara Morison, a presentation of the Key to the Borough to Tony Siragusa, and the presentation of a commemorative resolution by Assemblyman Cryan.� Cake and coffee will be served afterwards.

Mayor Tripodi thanked Shirley Boyden Maxwell, Cathy Calemme, and all of the Historical Society for their efforts in helping to put this program together.� He also announced that the fireworks will be held on June 30^th with a rain date of July 7^th.� The Fire Department will provide a small band and refreshments beginning at 7:00 P.M.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo announced that there is an amendment to the budget on the Consent Agenda for the cupola repair in the amount of $9,000. and said that fortunately we are using unexpended appropriations from prior years to fund it.� She said she�ll be discussing some budget amendments at the next meeting which will be necessary for unanticipated problems in Building & Grounds and Sewers and Roads departments, as well as additional capital items for the Library.� Councilwoman Fiamingo also announced that the audit report was delivered to the Governing Body and there is one item which needs to be addressed, however, Dianne has informed her that it is already in the works.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC WORKS

�Councilwoman Colosimo announced the men have been line striping and have painted the crosswalks and stop bars and are currently working on the curbs.�� She commended Councilman Taylor for the grease trap inspection program he started.� She said there has been a noticeable improvement since this program has been implemented and this results in a savings to the Borough because we do not have to send the men out to clean sewer problems.� Councilwoman Colosimo said that at the last work session meeting there was a consensus among the Council that we would have a pick up in July and the flyers will be going out.� She also reported that

Superintendent Dan Ryan did a very good job of putting together a plan for next year to see if we can cut costs by doing the pickups a different way and we will be exploring the possibilities.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David announced that he was in receipt of the Zoning Report for the month of May and read the following:� Zoning complaints � 15; Zoning approvals � 13; Zone denials � 2; and

three pieces of correspondence.� He also read the Construction Department�s report for the month of May:� Total receipts - $6,891.; Trust fees - $198.; Building fees - $6,453.; Smoke detector fees � $200. and Total return check fees of $40.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman Falcetano offered appreciation to the Fire and Rescue Squads that were involved in the September 11^th disaster.� He noted No. 3 on the Consent Agenda which is money appropriated for the expense allowances.� In regards to the Recreation Department, Councilman Falcetano announced that the park program is scheduled to start on June 24^th and it is an 8 week program, from 9 am to 3 pm.� He said all three parks will be open and he is hoping for a good turnout.� Councilman Falcetano also noted that 3 new programs have been added for the summer:

a Chess program which will run from June 3^rd to August 26^th at the Library for ages 5 years to

18 years; a Golf program which will run from June 1^st to July 16^th at Galloping Hill Pitch and Putt; and also a Running program which will be held Saturday mornings at 8:00 am starting on June 1^st at the David Brearley track.� He said for more information to contact Rich Vitale, the

Recreation Director.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor reported that Library Director Dale Spindel and Borough Engineer Mike Disko attended the work session to discuss the replacement and/or repair of the Library ramp.�

The Library Board held an emergency meeting to discuss� replacement of� the ramp to have it meet ADA specifications.� They instructed Mike Disko to go the� Community Development

Board and ask them to switch the funds from one project to this one, however, the request was

denied. Councilman Taylor said they are now back to square one� in regards to the Library ramp.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE (CONT.)

While at the work session meeting, Dr. Disko informed the Council and presented them with correspondence from the DEP citing violations, another issue which Dr. Disko has addressed.

Councilman Taylor said he would like to commend Dr. Disko for that.� He also reported that the

cigarette machine ban was addressed and he is hoping to have a first reading to amend the ordinance by the next meeting.

BILLS

Consolidated Bill List appears on the following page.

CONSENT AGENDA

Resolutions No. 1 through No. 9 are listed under Consent Agenda and will be enacted by one motion in the form listed below.

Council Member Fiamingo moved that all items under Consent Agenda be approved, seconded by Council Member David .� 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 Retirees be reimbursed for their payments for Medicare coverage from January 1, 2002 to June 30, 2002 inclusive, in accordance with Chapter

231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 3

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 $57,195.00.� Employees marked with an asterisk will be paid through payroll.

RESOLUTION NO. 4

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

CONSENT AGENDA (CONT.)

RESOLUTION NO. 5

Resolution appears on the following page.� (Capital Budget Amendment - $9,000 for Cupola)

RESOLUTION NO. 6

Be It Hereby Resolved:�� That the contract with S.B.P. Industries, 1429 Route 1 & 9 North, Rahway, NJ, for EMERGENCY GENERATOR SERVICE AT THE MUNICIPAL BUILDING be renewed for a one year period from August 1, 2002 to July 31, 2003 at a total

cost of $660.00.

RESOLUTION NO. 7

Be It Hereby Resolved:�� That ANDREA ESKIN be employed as a Part Time Clerk in the

Public Works Department at a rate of $10.61 per hour for a 20 hour week effective as of

July 1, 2002.

RESOLUTION NO. 8

Be It Hereby Resolved:�� That William Lane, Esq., Attorney for the Kenilworth Planning Board/

Board of Adjustment, be authorized to represent the Borough of Kenilworth and the Kenilworth

Board of Adjustment in the Tomaso Pugliese matter � Docket No. UNN-L-1222-02.

RESOLUTION NO. 9

Resolution appears on the following page.� (Resolution commemorating Kenilworth�s 95^th

����������������������� ����������������������� ����������� ����������� Anniversary)

RESOLUTIONS AND ORDINANCES

RESOLUTION NO. 10

Introduced by Fiamingo who also moved its adoption.

Resolution appears on the following page.� (Ratifying the reimbursement of the mitigation fee to

����������������������� ����������������������� ����������� ����������� the Union County Utilities Authority)

Seconded by Falcetano and on roll call unanimously carried.

RESOLUTIONS AND ORDINANCES (CONT.)

Proposed Ordinance No. 2002-11 was read for a first reading as follows:� (Copy attached)

����������������������� ����������� ����������� ORDINANCE NO. 2002-11

CAPITAL ORDINANCE TO APPROPRIATE THE SUM OF $9,000.00 FOR THE RENOVATION OF THE MUNICIPAL BUILDING CUPOLA IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY AND TO

TRANSFER UNEXPENDED BOND ORDINANCE BALANCES AND REAPPROPRIATE

SAME TO FINANCE SUCH APPROPRIATION.

Mayor Tripodi explained that we have recently taken bids for the repairs to the cupola which is in desperate need of repair, however, the bids came in a little higher and we need to supplement the initial appropriation.

RESOLUTION NO. 11

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-11, be and the same is hereby

passed on first reading and ordered published for final hearing on July 10, 2002.

Seconded by Falcetano and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Fiamingo noted the accomplishments and the achievements of the Fire Department and Rescue Squad in the Borough.� She said she is not only proud but thankful

that they serve the community because you know you can rely on them for any situation.� She

said they do a wonderful job.

Councilwoman Colosimo echoed Councilwoman Fiamingo�s statement and added that we did not need a horrible tragedy such as Sept. 11^th to know that we have a wonderful Fire Department, Rescue Squad and Police Department.� She said although she hopes no one has to use them, she has needed them in the past and is very grateful that they are there.� Councilwoman Colosimo added that they leave their families and put their lives on the line for others.� She said she is also very proud of them.

MEETING OPEN TO THE PUBLIC

Kathleen Neville, North 15^th Street, said she has owned her home for almost 30 years and has written numerous letters regarding the pump on the side of her house.�

Councilwoman Colosimo explained to Mrs. Neville that the pump project has been approved to be done this year.

MEETING OPEN TO THE PUBLIC (CONT.)

Mayor Tripodi explained that we received a grant from the State which will allow us to do a by-pass and remove the pump station.� There will be a regular sewer line.

Mrs. Neville asked when this would happen.

Councilwoman Colosimo said she would have to check with the Borough Engineer, however, it should be taken care of this year.

Fred Soos, Epping Drive, said that his son was at his house on Sept. 11^th when the first building went down and within a few minutes, the Department was ready, they got in the truck, and went, not knowing what they were getting into.� The Borough should be very proud of these volunteers.�

Councilwoman Colosimo said when she left school that day and came around the corner, she saw our firehouse was manned and on alert and she felt a feeling of reassurance knowing they were there.

Mr. Soos asked why the numerous trenches going down the Boulevard have not been paved over, like the ones in Cranford are?� It is a dangerous situation and all Cranford did was request that it be paved over and it was.�

Mayor Tripodi explained that they were advised that the County will be doing repairs on the traffic lights in the Borough along the right of way.� There are gaps in between the trenches and once the County completes the renovations it will be repaved.

Mr. Soos said he understands, however, until it is done the County or the contractor should put a skim coat over until they do what they have to do.� It could be another 6 months before they work on the lights.� Mr. Soos then asked if the air conditioner is working in the building?

Councilwoman Fiamingo explained that it does not work well in all parts of the building.

Mr. Soos said it does not work well in the Police Department and it looks as though we do not care too much if we� are not going to do anything about it and they have to work under those conditions all summer.� It is brutal downstairs and we are not looking out for our Police Department.�� Mr. Soos asked why the glass that they have talked about for some time down has not been installed?

�Councilwoman Colosimo said it was approved.

Mayor Tripodi said it was a matter of getting it done.� Councilman Galasso will be back by the next meeting and we will check with him because a contractor did submit a proposal.

Mr. Soos said he lives by the creek and asked when it will be cleaned out?

MEETING OPEN TO THE PUBLIC (CONT.)

Councilwoman Colosimo said she spoke with Dan Ryan and he will be sending men down soon, however, he is a little short handed right now.� She said there is a poison ivy problem and the men cannot touch the poison ivy or use roundup, and also the rodent problem will have to be taken care of by the Humane Society or Animal Control.� All that the men will be able to do is clean the debris and will do so as soon as possible.

Mr. Soos said that most of the neighbors maintain their own creek area, however, they were told that they can no longer go in there or they will receive a summons because it is considered �wetlands�.� Mr. Soos stated that somebody has to go in there.

Councilwoman Colosimo informed Mr. Soos that they�ll be spraying for mosquitoes soon.�

In regards to the weeds, the DPW will be going there to do as much as they are allowed to.

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.

8:40 P.M.

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

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

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