Council Minutes from 8/28/2001

REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, AUGUST 28, 2002.� MAYOR MICHAEL TRIPODI PRESIDED.

ROLL CALL

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

Kathi Fiamingo, Ed Galasso and Robert Taylor.� Council Members Gregg David and Richard Falcetano were 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 Fiamingo, seconded by Galasso and carried, that the minutes of the Work Session Meeting of July 9^th, Regular Meeting of July 10^th, and the Special Meetings of July 24^th and August 7, 2002 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Civil Action Summons received naming the Kenilworth Police Department as a defendant in the Pugliese vs. Jeans Matter.� Forwarded to our insurance company.
Letter from Domenica D�Innocenzio, 64 South 17^th Street, requesting permission for a street opening on South 17^th Street.
Letter from Barbara Hart, 344 Roosevelt Lane, requesting permission to hold a Block Party on Saturday, September 14^th (rain date Sunday, September 15^th).
Notice of �Art Exhibition & Auction� sponsored by the Kenilworth Historical Society to be held at Schering-Plough on September 13, 2002.
Notice of Tort Claim received regarding Darren Fantasia v. Kenilworth Police Department.� Forwarded to our insurance company.

REPORTS

Police department Reports for the months of June & July, 2002.
Municipal Court Reports for the months of June & July, 2002.
Construction Department Report for the month of July, 2002.
Borough Clerk�s Report for the month of July, 2002.
Rahway Valley Sewerage Authority Meeting Minutes of June 20^th, June 27^th and�� July 25, 2002.

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

SPECIAL PRESENTATION � APPOINTMENT OF OFFICERS SMITH AND BRYSON AS

�� PERMANENT POLICE OFFICERS

Mayor Tripodi deviated from the agenda to appoint Ptl. Valerie Smith and Ptl. Christopher Bryson as permanent officers in the Kenilworth Police Department.� He called them forward along with Chief Dowd and read the following resolutions:

RESOLUTION NO. 12

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved:�� That Officer VALERIE SMITH, having completed her one year probationary period and upon the recommendation of Police Chief William Dowd, be appointed a permanent officer in the Kenilworth Police Department as of July 27, 2002.

Seconded by Colosimo and on roll call unanimously carried.

RESOLUTION NO. 13

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved:�� That Officer CHRISTOPHER BRYSON, having completed his one year probationary period and upon the recommendation of Police Chief William Dowd, be appointed a permanent officer in the Kenilworth Police Department as of July 27, 2002.

Seconded by Colosimo and on roll call unanimously carried.

Chief Dowd congratulated Valerie and Chris on their well deserved permanent appointments to the Police Department, adding that they are wonderful additions to the department was sure they will be assets to the community.

Mayor Tripodi said he was proud of the new recruits and welcomed them aboard.

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor Tripodi announced the Art Auction and Exhibition being held at Schering Plough on September 13^th� being sponsored by the Historical Society, adding that this is a fund raiser to support the Save the House campaign. He also announced an update which was received by the DEP on the drought emergency, noting the following restrictions during this state-wide emergency: no outdoor water use, including lawn watering; vegetation watering is still allowed following the odd-even house number system;� and no washing of vehicles at residences.� He suggested that residents check out the DEP website or the Elizabethtown Water Co. website at

REPORT OF COMMITTEES (CONT.)

MAYOR�S REPORT (CONT.)

Etownwater.com.� Mayor Tripodi announced the non-denominational memorial service being held on September 11^th at St. Theresa�s Church at 7:00 P.M. to honor the victims from last year�s tragedy.� He read a card which was received by the Fire Department into the minutes:

�� Dear Mr. Giordino and the Kenilworth Fire Department:

�� Thanks for all of your help, kindness and reassurance during our time of need.� You guys are the best!

� �� From:

�� The Formey Family

DEPARTMENT OF FINANCE

Councilwoman Fiamingo noted that there is a bond ordinance scheduled for adoption this evening. She also said the CFO has informed her that bids have been received for a bond anticipation note on August 20^th and it was awarded to Commerce Capital Market for 1.27%.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Colosimo announced that as part of their cost savings efforts they have been looking into alternative ways of recycling.� She said Superintendent Dan Ryan has looked into alternative ways to get rid of the bulky waste without impairing any services.� They have discussed the possibility of an agreement with Rahway to have them pick up the bulky waste for 3 pick ups and Kenilworth will pay for the tipping fees.� In total, this would cost us about $2000. more than we are currently paying for 2 pickups from our current contractor.� Councilwoman Colosimo said that Rahway would not pick up �white goods� which are appliances, explaining that we currently charge residents to have refrigerators and air conditioners picked up and would have to start this same process for other appliances.� Councilwoman Colosimo said that this would decrease the tonnage and may even wind up costing us less.� She said that Councilman Galasso had questioned using our front-loader vs retro-fitting our old recycling truck for a cost of $9,000. and Superintendent Dan Ryan gave her several reasons why this would not be a good idea.� She said right now we pick up about 6 refrigerators a month and that would increase to about 30 items per month and it would put a lot of wear and tear on our trucks.� She said we would also need 3 men per truck instead of 2 men, however, they are still looking into options such as adding a fork-lift to the front of one of the trucks.��

Councilman Galasso asked how Councilwoman Colosimo came up with the forecast of 6 to 30 appliances per month?

Councilwoman Colosimo said because we are only picking up refrigerators and air conditioners now.� The number 30 would be the addition of washing machines, dryers, etc.

Councilman Galasso said he is all for cost savings and realizes that sometimes you have to spend money to save money, however, he just wants to make sure all of the equipment we have is being utilized.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND FIRE

In Councilman Falcetano�s absence, Councilwoman Fiamingo said she questioned CFO Dianne Marus regarding the Pocket Parks Grant to find out� what was not included so she will get in touch with the County and we will be able to move forward with the improvements.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor announced the second reading of 2 ordinances this evening; one will ban the use of cigarette vending machines in the Borough and the other is to remove the fees from our list.� These ordinances are supported by the Board of Health and the Council and are being done as an effort to deter access of cigarettes to minors.� He also reported that Borough Engineer Mike Disko attended the Work Session meeting last night and made proposals regarding projects at the Library.� The Council approved the project for improvements to the Library parking lot, and most of the money for this came from a Community Development Grant.� He also said that we have received proposals for the ramp project, however, they will be discussed at a future meeting.

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso reported that we have a second reading on an ordinance modifying the parking on Washington Avenue between 19^th and 20^th Street.� He also announced that the receivables in the Municipal Court are extremely high so they are working with the Chief, the Judge, the Court Administrator and Dianne Marus to come up with some solutions and establishing a Master Card and Visa Card payments in addition to the Discover Cards we are taking now.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 through 18 are listed under Consent Agenda and will be enacted by one motion in the form listed below.� All items will be recorded individually, in full, in the minutes.

Council Member Taylor moved that all items under Consent Agenda be approved, seconded by Council Member Colosimo and on roll call unanimously carried.

�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

Be It Hereby Resolved:�� Whereas, the following property was issued an electrical 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 $37.00 refunded to homeowner:

�� Mr. Joseph D�Innocenzio

�� 532 Newark Avenue

�� Kenilworth, NJ� 07033

�� for property located at 64 South 17^th Street

�� Block 112, Lot 2

�� Permit #01-0371

RESOLUTION NO. 3

Be It Hereby Resolved:�� Whereas,� the Municipal Court�s check book shows uncashed old checks.� These checks should be voided and the monies be turned over to the Borough of Kenilworth.

�� Now, Therefore, Be It Resolved that the Kenilworth Court Administrator be authorized to draw said warrants in the amount of $210.00 from the Court�s General Account.

RESOLUTION NO. 4

Be It Hereby Resolved:�� Whereas, the following properties were granted a senior citizen/surviving spouse deduction for the tax year 2002;

�� Whereas,� it has been found that these properties no longer qualify for

said deduction.

�� Be It Hereby Resolved,� that the Collector of Taxes remove said deduction and further bill these properties for the amount of $250.00.

�� BLOCK�� LOT�� PROPERTY LOCATION

�� 146�� 2�� 525 Richfield Avenue

CONSENT AGENDA (CONT.)

RESOLUTION NO. 5

Be It Hereby Resolved:�� WHEREAS,� the following property was disallowed the full senior citizen deduction ($250.00) for the year 2001; and

�� WHEREAS,� the disallowance was in error and should be disallowed at a pro rated amount;

�� NOW, THEREFORE, BE IT RESOLVED, that the Collector of Taxes be and is hereby authorized to rescind full disallowance, and

�� BE IT FURTHER RESOLVED� that the Tax Collector be and is hereby authorized to disallow and bill the property named below the pro rated amount of $136.99.

�� BLOCK�� LOT�� PROPERTY LOCATION

�� 83�� 5�� 15 No. 22^nd Street

RESOLUTION NO. 6

Be It Hereby Resolved:�� WHEREAS,� it has been found that an overpayment of 2002 Third

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:

�� 147�� 37�� 616 Cranford Avenue �� $1494.81�� G & L Viglone

�� 616 Cranford Ave.

�� Kenilworth, NJ�

RESOLUTION NO. 7

That the Borough Clerk be authorized to issue the following Raffle Licenses:

�� #757 � To the Knights of Columbus #4186 on behalf of the Kenilworth PBA to hold an

�� Off-Premise Mdse. Raffle to be held12/13/02

�� #758 � To the CDA #1781 Court St. Theresa for an Off-Premise 50/50 to be held

12/14/02��

�� #759 � To the St. Theresa�s Rosary Society for an Off-Premise 50/50 to be held 2/23/03�� #760 � To the Knights of Columbus #4186 for an Off-Premise 50/50 to be held 11/12/02

�� #761 � To the Kenilworth Jets, Inc. for and Off-Premise 50/50 to be held 10/29/02

RESOLUTION NO. 8

Resolution appears on the following page.� (Awarding various contracts based on award of bids

�� by the Union County Cooperative Pricing System

�� for Year 2002)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 9

Resolution appears on the following page.� (Certification that the Governing Body has

�� reviewed the General Comments and

�� Recommendations sections of the Annual Audit)

RESOLUTION NO. 10

Be It Hereby Resolved:� That the 2001 Audit Corrective Action Plan submitted by the Chief

Finance Officer be and the same is hereby approved, and

�� BE IT FURTHER RESOLVED,� that a certified copy of the 2001

Corrective Action Plan be sent to the Division of Local Government Services.

RESOLUTION NO. 11

Be It Hereby Resolved:� That the contract for �Traffic Signal Maintenance and Emergency Repairs� for a one year period be awarded to KEVCO ELECTRIC, INC., 250 Lackland Drive, Suite 8, Middlesex, NJ 08846.� Cost $6,000.00 plus Emergency Repair Costs.

RESOLUTION NO. 14

Be It Hereby Resolved:�� That the Mayor�s appointment of ANTHONY LOPEZ as a permanent

School Crossing Guard and EDWARD KEVASKO as an Alternate effective 9/4/02, be and the

same is hereby confirmed.

RESOLUTION NO. 15

Be It Hereby Resolved:�� That Albert Stender, Esq. is hereby appointed as special counsel to represent the Kenilworth Police Department in defense of the matter entitled Pugliese, et al. v. Robert E. Jeans, Jr., et als, Docket No. UNN-L-2222-02 Superior Court of New Jersey, Union County, in accordance with the Reservation of Rights letter dated 7/19/02 received from North American Risk Services.

RESOLUTION NO. 16

Resolution appears on the following page.� (Awarding the bid for �Improvements to the Library

�� Parking Lot� to Post & Lintel - $29,225.00)

RESOLUTION NO. 17

Be It Hereby Resolved:�� That the Mayor be authorized to sign the agreement to retain the services of Diane Marie Acciavatti, Esq. in the appeal of Borough of Kenilworth, et al. v.

Shanley & Fisher, et al., Appellate Division Docket No. A-1456-01T5 pursuant to the attached fee agreement.

CONSENT AGENDA (CONT.)

RESOLUTION NO. 18

Resolution appears on the following page.� (Resolution designating September 11, 2002 as

�� Always Remember Day� in commemoration of the

�� innocent victims and the heroes of the terrorist

�� attacks)

RESOLUTIONS AND ORDINANCES

Proposed Ordinance No. 2002-12 was read for a second reading as follows:� (Copy appears in

�� the minutes of June 26, 2002)

�� ORDINANCE NO. 2002-12

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

Mayor Tripodi explained that this ordinance is for the prohibition of tobacco vending machines

in the Borough.�

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-12.

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

RESOLUTION NO. 19

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 second and final reading and ordered published according to law.

Seconded by Colosimo and on roll call unanimously carried.

Proposed Ordinance No. 2002-13 was read for a second reading as follows:� (Copy appears in�

�� the minutes of June 26, 2002)

�� ORDINANCE NO. 2002-13

ORDINANCE AMENDING CHAPTER 91 OF THE CODE OF THE BOROUGH OF KENILWORTH

Mayor Tripodi explained that this is a companion ordinance to 2002-12 and will delete the requirement for the license fee since we will no longer have the machines for tobacco.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-13.

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-13 (CONT.)

Livio Mancino, North 24^th Street, asked if the Borough is rescinding the licensing fee for tobacco vending machines?

Mayor Tripodi said yes.

Mr. Mancino asked if there was a law that if a person owns a bar or restaurant, that this ordinance will prohibit them from having a machine?

Mayor Tripodi said yes.

Mr. Mancino asked what the fine will be for violation of this ordinance?

Mayor Tripodi said this was stated in the previous ordinance and believes that the judge will determine the fine.

Mr. Mancino said he thinks he has read where a law like this was successfully challenged, even though he personally agrees with it.� He asked how we will handle this if it is challenged?

Councilman Taylor said all of the establishments who currently have machines have been made aware of this and did not have a problem with it.

Mr. Mancino asked if he was to buy an establishment in the future, would he be automatically locked into the agreement made by his predecessor?

Councilman Taylor explained that it is now a law.

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

�RESOLUTION NO. 21

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-14, 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.

RESOLUTIONS AND ORDINANCES (CONT.)

Proposed Ordinance No. 2002-14 was read for a second reading as follows:� (copy appears in the

�� minutes of July 10, 2002)

�� ORDINANCE NO. 2002-14

ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 190-25.2 OF THE CODE OF THE BOROUGH OF KENILWORTH

Mayor Tripodi explained that this ordinance pertains to restricted parking for emergency services personnel in the vicinity of the firehouse between North 19^th and North 20^th.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-14.

Anthony Pugliese, North 19^th Street, said that his lawyer has advised him that under Title 39

it states that the township does not have permission to give anyone parking privileges under a fire zone.� He said he understands that the department needs to park there under emergency situations, however, what is the definition of an emergency and does it include meetings?

Councilwoman Fiamingo stated that when they looked into this ordinance, they made it clear that there was not supposed to be any parking within the yellow, and the yellow is not included in the

permissible zone.

Mr. Pugliese said they have been parking there.

Councilwoman Fiamingo said they are not supposed to be and that would be an enforcement issue.� No time ever is parking allowed in the yellow zone.� She asked Councilman Galasso if she is correct?

Councilman Galasso said �within the stripes�.

Mr. Pugliese said according to the ordinance, it says 60� on one side and 50� on the other, but there are two driveways there.� The way they are laying it out is that they have the right to block up the driveways.

Councilman Galasso said no one can park and block any driveways.

Mr. Pugliese said the way Councilwoman Fiamingo is reading it no one can park in the yellow.

Councilman Galasso explained that there are two yellow stripes that have been painted on Washington Avenue for 25� years, and that is the actual fire zone.� They are there so that the apparatus can get out.

Mr. Pugliese said that according to Title 39, nobody, unless it is an emergency vehicle, should be allowed to park there, and they use it all of the time.� He added that the yellow goes from corner to corner.

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-14 (CONT.)

Councilman Galasso said the fire zone does not go from corner to corner.

Mr. Pugliese said yes it does because it is all marked fire zone or yellow.� He asked �what gives them the right to park there for a meeting?�

Councilman Galasso said he will defer the interpretation of Title 39 to the Borough Attorney.

Borough Attorney Tom Vitale said as far as the emergency response, he feels it is totally acceptable to park there.

Mr. Pugliese said he is not arguing emergency response, he is arguing meetings, or when they are just �hanging out�.� He asked why they can park there if it is not an emergency?

Attorney Vitale said that the town, under Title 39, has the authority to regulate parking.� They do it all the time and it is within the police powers, they are authorized by the statute to adopt an ordinance to restrict parking or create special privileges for special circumstances.� He said that if Mr. Pugliese needs a definition of �official business�, he� cannot define it.

Mr. Pugliese said he needs the definition of official business because it could mean he is just dropping off cheese or a pair of gloves.� It needs to be spelled out.

Councilwoman Fiamingo asked Mr. Pugliese if he means the yellow curb or the yellow stripes?

Mr. Pugliese said the whole corner, from 19^th Street to 20^th is all yellow.� He said he still would like a definition of �official business�.

Mayor Tripodi said it was his understanding that official business meant responding to drills or meetings.

Mr. Pugliese asked why they should be allowed to park there for meetings?

Mayor Tripodi replied that there are about 60 members.

Mr. Pugliese said they can park elsewhere and walk.�

Frank Pugliese, North 13^th Street, asked the Mayor if he ever asks himself why this situation never came up 4 or 5 years ago?

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-14 (CONT.)

Anthony Peters, Monroe Avenue, Battalion Chief of Kenilworth Fire Department, said they do not park on the northerly side of Washington Avenue because if they did, they would not be able to get the apparatus out, therefore, there is no issue of blocked vision while pulling out onto Washington from 19^th Street.� He said the area in question is the small space between the firehouse driveway and 20^th Street and one space beyond the fire hydrant, and also a very small space across the street where the yellow lines come out which signifies the fire zone.� The total number of parking spaces in question is 5 or 6 cars.

Janet Yendrick, North 20^th Street, read the following statement:

�� I came here tonight in opposition to your ordinance No.� 2002-14.� I believe this ordinance should not be

�� passed because there are safety issues which were not addressed prior to the 1^st reading.� If cars are parked

�� on the fire lane on Washington Avenue and North 19^th and 20^th streets curb visibility by the public will be

�� blocked causing a dangerous situation for all involved.� I believe that the borough engineer, Michael Disko

�� should have been contacted so he can take a look at the area in question to determine whether this

�� ordinance would interfere with the general public�s safety and welfare.� Have we lost insight on what could

�� occur if these ordinances which are presented are not researched?� There should be someone on council

�� who should investigate before ordinances are passed on the 1^st reading.� I believe this ordinance is going

�into effect due to complaints made in the past by area residents to the State Department concerning the

�� parking on the yellow curb and in order to pacify the Fire Dept. requests.� We have streets and a full

�� parking lot at the High School which could accommodate the fire departments requests.� No parking in

�� the fire lane and on the yellow curbs should stay enforced by our local police department to free up

�� parked cars in that area at all times, except if there is an emergency situation.� This calls to mind a

�� story that goes back 10-15 years ago when the green house property, located on Cross St. and

�� Washington Ave., went up for sale.� The past Mayor and council back then could have purchased that

lot for the future home of the Fire Department and Rescue Squad.� If they were making responsible

choices for the future they sure missed that one by a long shot.� In closing, for a million dollars one

could build quite a few buildings instead of only one.� It is my understanding that plans are being made

to expand the fire department by a 40 ft. addition to the side of the building, thus wiping out the

parking lot.� Is this another reason why you would want to allow parking in the fire zone? What then

becomes of the ordinance�s for allowing building to have so many square footage per parking spot? Is

it just forgotten about?� I believe this is a bad choice to allow parking in the fire zone, it just invites more

lawsuits to be filed against us in the future.� Before you set up ordinances take a closer look at the safety

issues which may endanger the public safety of the people.

Councilwoman Colosimo said speaking for herself and probably everyone else on the Council,

that this ordinance was in no way a type of �getting back at anyone�.� She said in answer to Mr. Pugliese�s question as to why now and not several years ago, she explained that this happens and sometimes it takes a long time to get an ordinance in place.� She said she would never put her name to something �just because� as that would be abuse of power and neither would the fire department.� She said she lives only a block away from the firehouse and has never had a problem crossing those streets when the vehicles are parked there.

Mrs. Yendrick said she does have a problem getting out.

Councilwoman Colosimo said a lot of thought went into this and the full Council felt that this will be the best thing for the fire department.

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO.� 2002-14

Councilwoman Colosimo said she finds it offensive that anyone would think this ordinance was passed to get back at someone.

Mrs. Yendrick said that she still believes that no one should be parking in the yellow area, as there is sufficient parking in the High School parking lot.

Councilman Galasso pointed out to Mrs. Yendrick that the Borough Engineer is never consulted when it comes to traffic or parking situations.� The Traffic Department and the Police Department are the experts.� He assured Mrs. Yendrick that there will never be parking allowed in the yellow area.

William Dowd, Police Chief, said he would like to go on record saying that the Police Department is in favor of this ordinance and have recommended that it be passed, due to a safety issue.� He said he has been on the department for 31 years and has never known of an accident which was caused due to the parking in that area.

Livio Mancino, North 24^th Street, believes that there should not be any parking allowed in this area, however, he heard the Councilwoman say that no one can park where there is a yellow

mark.

Councilwoman Fiamingo explained that she is talking about in-between the stripes.

Mr. Mancino said there is yellow markings on the southerly side of the street in-between 19^th and 20^th Streets and the Fire Department is allowed to park there in an emergency.� He said as long as we are talking about in-between the yellow stripes and not the yellow curbs, he commends the Council for making this decision.

Alan Jankunas, North 19^th Street and President of the Kenilworth Fire Department, said several people came to the fire house and asked if they could sign a petition in support of this ordinance.

He said he wanted the Council to know that the residents are behind this 100%.� He added that when people write letters to newspapers, they should find out who they are writing the letter about because they have been singled out and they are not the enforcing agents.� In answer to Mr. Pugliese�s question on why this wasn�t done 3 or 4 years ago, the answer is simply that there was no vendetta against the fire department at that time.

Mrs. Pugliese, North 19^th Street, said the Council makes the laws but do not respect the laws.� She added that if it is a law that you cannot park by the yellow curb it should go for everybody.

She said that the Council should be considered warned if anything happens.

Chief Dowd said in 31 years they have never received one complaint about the parking in front of the fire house.� This all started approximately 6 months ago and this is why he requested this ordinance be put into place.

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO.� 2002-14 (CONT.)

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

RESOLUTION NO. 21

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-14, 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. 2002-15 was read for a first reading as follows:� (copy attached)

ORDINANCE NO. 2002-15

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 $217,000 THEREFORE AND� AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $47,500 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

Mayor Tripodi explained that this is a bond ordinance for various improvements: partial road reconstruction and improvements to curbs and sidewalks on various streets, sanitary sewer improvements to various streets, and renovations to the bathroom in the Health and Recreation Building.

RESOLUTION NO. 22

Introduced by Colosimo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-15, be and the same is hereby passed on first reading and ordered published for final hearing on September 25, 2002.

Seconded by Taylor and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Colosimo congratulated the two new officers and said they are doing a fine job.

She added that she is proud of both of them, adding that she is especially proud of Valerie, the Borough�s first woman police officer, and said it was a great day in the town of Kenilworth.

MEETING OPEN TO THE PUBLIC

Lou Giordino, Fire Chief, thanked the Governing Body for passing Ordinance No. 2002-14.

Livio Mancino, North 24^th Street, questioned Resolution No. 10 regarding the corrective action plan submitted by the CFO, asking what that meant.

Mayor Tripodi explained that this was in conjunction with the audit and the only corrective action proposed was to the Building Dept. suggesting that they make their deposits within 48 hours of receipt.

Mr. Mancino asked why we need to retain an attorney to defend the police department, questioning if the police have insurance?

Mayor Tripodi explained that the insurance company is paying for it.

Mr. Mancino asked if we are still retaining an attorney to go after Shanley-Fisher and how much we have spent so far?

Mayor Tripodi explained that this is for the legal mal-practice situation and we are pursuing it in the appellate division.

Mr. Mancino asked if Councilwoman Fiamingo can have a total of how much was spent to date on this.� He said he was disappointed that the Council did not decide to freeze to last years budget with no increase.� He also asked if he could get an accounting on the Octoberfest.

Mayor Tripodi said the Octoberfest statement is on file in the Borough Clerk�s Office.

Alan Jankunas, North 19^th Street, thanked the Governing Body for participating in the Carnival.

He said he has a concern on Washington Avenue where the curb was broken up for a driveway

and now poses a safety concern and it should be looked into.

ADJOURNMENT

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

9:10 PM

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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