REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, JUNE 26, 2002. MAYOR MICHAEL TRIPODI PRESIDED.

Roll Call at 8:00 P.M. showed the following Council Members present: Gregg David, Kathi Fiamingo, Ed Galasso and Robert Taylor. Councilman Richard Falcetano and Councilwoman Colosimo were absent.

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 Galasso, seconded by Taylor and carried, that the minutes of the Work Session Meeting of June 11^th and the Regular Meeting of June 12, 2002 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)

1. Notice from the Township of Cranford of a Public Meeting of the Cranford Planning Board to consider a Master Plan Re-examination. Meeting is on June 26, 2002 at 7:30 P.M.
2. Notification from the County of Union, Department of Operational Services, regarding

1. Municipal Court Report for the month of May, 2002.
2. Rahway Valley Sewerage Authority Meeting Minutes of May 16, 2002.

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

Mayor Tripodi announced that the County Freeholders sponsored a Senior art show and contest and was proud to report that some of our Seniors won prizes. Edna Hill won first place in the "professional artist" category for her work with acrylics; Carolyn Rohal won Honorable Mention for her work with acrylics; Barbara Wirkus took 1^st prize for her photography work; and Rita Iannarilli won Honorable Mention for her watercolor entry. Mayor Tripodi congratulated our winners and thanked the County for hosting the program. He also announced that he attended

Municipal Drug Alliance meeting prior to tonight�s meeting and said they have had a busy year and is pleased with their progress. Mayor Tripodi also noted that on the agenda was the "Smart Growth Planning" letter of intent which will be approved and will allow us to form our Smart Growth Committee and commence a study with the Gateway Institute of New Jersey. He explained that Dr. Walter Boright, a former Kenilworth official, heads the Institute and has been very helpful in getting this grant rolling. In closing, Mayor Tripodi reminded residents that our Fireworks Celebration is Sunday, June 30^th at 7:00 P.M. He said although the fireworks are scheduled to go off at 9:00 PM, the celebration will begin earlier with refreshments and entertainment. Mayor Tripodi said that this will be the third year we have had fireworks and he thanked the businesses whose donations will make the event possible.

Councilwoman Fiamingo noted that on this evening�s agenda was a resolution to amend the proposed budget which will increase items in Buildings & Grounds and Sewers in order to pay for additional items which were unanticipated at the time the proposed budget was introduced.

In addition, there was a difference in the amount that the Borough received from the Clean Communities grant program and we have to compensate for that. Councilwoman Fiamingo noted that the funds will be coming out of the surplus so it will not effect the tax rate.

Councilman Galasso reported "progress".

Councilman David said he had nothing to report.

In Councilman Falcetano�s absence, Mayor Tripodi reported that Recreation Director Rich Vitale came to the Work Session meeting to present to the Council some improvements for DiMario Park under the Project Pocket Parks program and he was given the authorization to proceed with

specifications so the work can be completed. He also announced that the first annual awards picnic was held last Saturday to acknowledge the participation of our children in the recreation programs. Mayor Tripodi thanked Director Rich Vitale for his work. He then read the following letters into the minutes, on behalf of the Fire Department:

Dear Chief Giordino: June 12, 2002

Thank you for your generous donation for the First Annual Girl Scout Awards Diner. As a result of

your donation the dinner was attended by many family members, girl scouts, families and friends. The

cost of the dinner was offset which allowed integral people in the girl scouts lives to attend and witness

the girls accomplishments. The dinner was a big success. Your donation was acknowledged verbally

during the presentation. Thank you for helping us provide the girls with an opportunity to recognize their

accomplishments publicly.

Dear Lou,

Thank you for participating in the Lock-Up at Ferrara�s Restaurant on June 26^th. Wee appreciate your

setting time aside to participate in this fundraiser to help many local families like mine. My daughter Jill

is a sophomore in college with independence gained by the help of a motorized scooter that was purchased

by the Muscular Dystrophy Association. It is through the caring and support of friends, like you, that

families like ours can depend on the many services funded by MDA.

MDA has been a constant support in our lives since Jill was the New Jersey State Poster Child at age 7.

Despite her hectic college schedule she continues to serve as a Youth Goodwill Ambassador at various

MDA functions in New York and New Jersey.

It is with sincere gratitude that my daughter and I thank you for participating in this year�s Lock-up.

MDA needs your help to continue to provide support to families affected by neuromuscular disease. The

money raised from this Lock-up will stay within our local district and continue to help others like my

daughter and myself.

Best regards,

Gail Pantozzi

Councilman Taylor announced that on this evening�s agenda is the first reading on an ordinance which will prohibit cigarette machines in the Borough, as part of the Borough�s and the Board of Health�s quest to combat underage smoking. He said he was proud to note that all local businesses who are currently using the machines are in support of the ordinance. Councilman Taylor also noted that on the agenda is a resolution which will appoint Regina Hrynkiewicz

as a part time Clerk/Board Secretary in the Board of Health, replacing Andrea Eskin who is now working as a secretary at the DPW. He wished Andrea the best of luck and thanked her for her help in the transition and training period. Councilman Taylor also reported that the Library ramp

was discussed at last night�s work session. The Council has agreed to instruct the Borough engineer to bid out both the repair and also replacement of the ramp and said they would make a final decision when the bids come in.

Consolidated Bill List appears on the following pages.

Resolutions No. 1 through 17 are listed under Consent Agenda and will be enacted by one motion in the form listed below.

Councilmember Fiamingo moved that all items under Consent Agenda be approved, seconded by Councilmember Taylor. Upon roll call the vote was unanimous.

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

Resolution appears on the following page. (Tax Collector authorized to refund overpayment

of 2002 Second Quarter Taxes)

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:

JBA Contracting, LLC

29 Park Drive

Cranford, NJ 07016

Amount of $63.00 refunded to contractor for property located at:

219 Faitoute Avenue

Kenilworth, NJ 07033

Block 147, Lot 31

Resolution appears on the following page. (Employing Recreation Summer Playground

Workers as of June 24, 2002)

Resolution appears on the following page. (Special Conditions on Liquor License Renewal of

EJ�s Grille, Inc. for the 2002-2003 license term)

Resolution appears on the following page. (Emergency Temporary Appropriation)

Resolution appears on the following page. (Resolution expressing the Borough�s desire for

continued participation in the Community

Development Block Grant Program and Home

Improvement Partnership Programs for Federal

Fiscal Years 2002 through 2005)

Be It Hereby Resolved: Whereas, the New Jersey Transportation Trust Fund Authority Act

has provided funds for the improvement of municipal projects through the New Jersey Department of Transportation; and

Whereas, the New Jersey Department of Transportation will accept applications for project through its Division of Local Aid; and

Whereas, the Borough of Kenilworth desires to apply for a grant for local aid funds for improvement of a municipal project called Streetscape Improvements; and

Whereas, the Borough Engineer will prepare the application for the

grant for local aid for Streetscape Improvements; and

Now, Therefore, Be It Resolved that the Mayor and Borough Clerk's Office are authorized to execute and attest the application and agreement for municipal aid to be

submitted to the New Jersey Department of Transportation.

Be It Hereby Resolved: Whereas, the New Jersey Transportation Trust Fund Authority Act

has provided funds for the improvement of municipal projects through the New Jersey Department of Transportation; and

Whereas, the New Jersey Department of Transportation will accept applications for project through its Division of Local Aid; and

Whereas, the Borough of Kenilworth desires to apply for a grant for local aid funds for improvement of a municipal project called Sheridan Avenue; and

Whereas, the Borough Engineer will prepare the application for the

grant for local aid for a section of roadway called Sheridan Avenue; and

Now, Therefore, Be It Resolved that the Mayor and Borough Clerk's Office are authorized to execute and attest the application and agreement for municipal aid to be

submitted to the New Jersey Department of Transportation.

Be It Hereby Resolved: That the contract for Preventative Maintenance/Service for H.V.A.C.

Equipment at the Kenilworth Municipal Building with CorrectTemp, Inc. be renewed for the period July 1, 2002 to June 30, 2003 � Cost: $1,090.00

Be It Hereby Resolved: That the contract for Preventative Maintenance/Service for H.V.A.C.

Equipment at the Kenilworth Senior Citizens Building with CorrectTemp, Inc. be renewed for the period of July 1, 2002 to June 30^th, 2003 � Cost: $1,034.00.

Be It Hereby Resolved: That the Mayor and Council of the Borough of Kenilworth approve

the requests of the following to hang a banner across the Boulevard in front of the Kenilworth

Municipal Building (at Boulevard and North 23^rd Street):

1. Firemen�s Carnival � sponsored by Kenilworth Volunteer Fire Department

(August 8, 2002 � August 26, 2002)

2. Health Fair � sponsored by the Kenilworth Board of Health

(August 27, 2002 � September 16, 2002)

3. Kenilworth Octoberfest � sponsored by the Pride in Kenilworth Committee &

Kenilworth Chamber of Commerce

(September 17, 2002 � October 23, 2002)

4. Red Ribbon Week � sponsored by the Kenilworth Municipal Alliance Against

Be It Further Resolved that the Mayor and Council request the approval of the Union County

Board of Chosen Freeholders for the above banners.

Be It Hereby Resolved: Whereas, the following property was issued a plumbing permit, and

fees were received by the Building Department:

Whereas, it has been found that they are entitled to a senior citizen

reduced fee as per Borough Ordinance No. 99-5,

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 $20.00 refunded to homeowner:

Mr. W. Moran

657 Passaic Avenue

Kenilworth, NJ Plumbing Permit #02-0165

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

Citizen/Surviving Spouse deductions for Tax Year

2002 from certain properties no longer qualifying

and to further bill these properties in the amount

of $250.00)

Be It Hereby Resolved: That REGINA HRYNKIEWICZ be employed as a Part Time

Clerk/Board Secretary in the Board of Health at a rate of $10.00 per hour � 20 hours per week �

effective as of June 24, 2002.

Be It Hereby Resolved: That Police Chief William Dowd be named as Deputy Custodian of

Records for documents pertaining to the Police Department.

Be It Hereby Resolved: that the attached letter of intent is accepted and the Borough of Kenilworth will enter into a contract, as to be finalized, with Gateway Institute for Professional Services regarding the Smart Growth Planning Grant.

Be It Further Resolved: that any contract to be signed by the Borough is contingent upon and subject to the approval of the Borough Attorney and shall limit the Borough�s financial obligation to the maximum amount of the Smart Growth Grant.

Introduced by Fiamingo who also moved its adoption.

Resolution appears on the following page. (Budget Amendment)

Seconded by Taylor and on roll call the vote was unanimous.

Introduced by Fiamingo who also moved its adoption.

Resolution appears on the following page. (Liquor License Renewals for 2002-2003 license

term)

Seconded by Galasso and on roll call the vote was as follows: David, Fiamingo, Galasso,

"YES"; Taylor, "ABSTAIN".

Councilman Taylor explained his abstention vote by saying that a member of his intimate family is one of the owners of one of the establishments and it is a conflict.

Introduced by Fiamingo who also moved its adoption.

Resolution appears on the following page. (Special Conditions on Liquor License Renewal of

Roum, Inc. / TA Apples Lounge for the 2002-2003

License term)

Seconded by Galasso and on roll call the vote was as follows: David, Fiamingo, Galasso, "YES"; Taylor, "ABSTAIN".

Proposed Ordinance No. 2002-10 was read for a second reading as follows: (Copy appears in

ORDINANCE NO. 2002-10

ORDINANCE AMENDING CHAPTER 6 OF THE BOROUGH CODE

Mayor Tripodi said that this ordinance was necessitated by the amendment to the Access to Public Records Act which was passed by the legislature and takes effect on July 8^th. Mayor Tripodi explained that any person making a request for public records must now fill out a form

and will be charged a fee.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-10.

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

RESOLUTION NO. 21

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved: that Proposed Ordinance No. 2002-10 be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2002-12 was read for a first reading as follows: (copy attached)

ORDINANCE NO. 2002-12

ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 166 OF THE CODE OF THE BOROUGH OF KENILWORTH

Mayor Tripodi explained that this ordinance, along with No. 2002-13 will allow us to prohibit

cigarette vending machines in our efforts to combat underage smoking.

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2002-12 be and the same is hereby passed on first reading and ordered published for final hearing on August 28, 2002.

Seconded by Galasso and on roll call unanimously carried.

Proposed Ordinance No. 2002-13 was read for a first reading as follows: (copy attached)

ORDINANCE NO. 2002-13

ORDINANCE AMENDING CHAPTER 91 OF THE BOROUGH CODE � DELETING LICENSE FEE FOR TOBACCO OR CIGARETTE VENDING MACHINES

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2002-12 be and the same is hereby passed on first reading and ordered published for final hearing on August 28, 2002.

Seconded by Galasso and on roll call unanimously carried.

None

Fred Soos, Epping Drive, referred to #2 of the Communications and Petitions where the Borough received notification from the County that they would be applying insecticides for mosquito control. Mr. Soos asked if they would be spraying by the creeks because you are not allowed to

spray insecticides on wetlands.

Councilman David explained that this notification was just letting us know that when they do spray, we would be notified.

Mr. Soos thanked the Department of Public Works for cleaning up the creek by his house and his neighbor�s house, however, he noted that this was done because he said something and everyone

else who lives by the creek�s property is still growing amuck. Mr. Soos asked who determines that the property is "wetlands"? He said that summones have been issued and he should have been personally notified that this was designated wetlands.

Councilwoman Fiamingo asked who gave his neighbor a summons?

Mr. Soos said it came from the DPW last year.

Attorney Vitale said he does not know if this is wetlands. He said we should check with Carmela or Dan Ryan. He requested a copy of the summons from Mr. Soos, however, he added that if this property was deemed wetlands, there is no obligation to notify the residents.

Mr. Soos said trenches and street openings have been left unpaved and the Borough needs to have a procedure followed and someone should be responsible for them. He said that there is an uneven trench down the center of the Boulevard which is posing a driving hazard. The same work was done in Cranford, however, they called the County and were able to get it paved over.

Councilman David said we have a procedure, however, it is not followed.

Mr. Soos commended the governing body for putting out a bid for the Library ramp, but said he, as an expert engineer, knows there are different alternatives that can be done to save the town money. He said now we are being told that we need an elevator by Mr. Disko. Mr. Soos said our library is ADA accessible and does not need an elevator.

Councilman Taylor explained that it was his understanding that the ramp as it currently stands is

not ADA compliant and the suggestion of an elevator would get us ADA compliant, or that is the opinion of the Borough engineer. There have been discussions and differences of opinions and

this bid was what was agreed upon.

Mr. Soos said as our engineer, Mr. Disko must look into all of the alternatives. He said somebody has to question him as his salary is paid by the residents. Mr. Soos said he goes through the proper channels with his questions and Mr. Disko must answer to him and every resident in the community.

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

8:40 P.M. Respectfully submitted,

Hedy Lipke

Borough Clerk