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

ROLL CALL

Roll Call at 8:02 P.M. showed the following Council Members present:� Gregg David, Kathi Fiamingo, Ed Galasso, and Robert Taylor.� Council Members Carmela Colosimo 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 Galasso, seconded by Fiamingo and carried, that the minutes of the Work Session Meeting of August 27^th and the Regular Meeting of August 28, 2002 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from Freeholder Rick Proctor inviting Mayor and Council to attend the Union County POW/MIA Remembrance Day Ceremony of Friday, September 20, 2002 at

����� 11:15 A.M. in front of the Courthouse in Elizabeth.

2. Letter from Judge Markson reporting that the annual visitation by the Municipal Division

of the Superior Court found that our Municipal Court personnel are doing a commendable job.

3. Letter from Lisa Mancini, 528 Richfield Avenue, requesting permission to hold a Block

Party on Richfield Avenue on Saturday, September 14, 2002 � raindate, Sunday, September 15^th.

4. Notice of Civil Action Law suit received regarding Joseph F. Martino vs. Borough of

Kenilworth, Mark Scuderi and Mark David.� Forwarded to our insurance company.

REPORTS

1. Police Department Report for the month of August, 2002.
2. Construction Department Report for the month of August, 2002.
3. Borough Clerk�s Report for the month of August, 2002.

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

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor Tripodi announced that in memory of the September 11^th attacks last year, there will be a non-denominational memorial service at St. Theresa�s tomorrow at 7:00 P.M.� All residents are

invited to attend.� He announced that there will be a Pride in Kenilworth meeting on Thursday,

September 12^th to discuss the upcoming Octoberfest, and a Smart Growth Committee meeting on September 19^th to discuss a plan for the central business district.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo said the Finance Committee will be meeting very shortly to discuss the salary ordinance and to discuss the purchasing policy.

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso read the following highlights from the Chief�s report for the month of August:� on August 5^th the Police Department hosted a National Night Out kick-off party outside of Borough Hall which was a big success, thanks to the Detective Bureau and especially Det. John Zimmerman; on August 6^th members of the Department along with Mayor Tripodi and Police Commissioner Ed Galasso, spent the National Night Out by visiting neighborhood block parties;� on August 6^th the Police Department opened up a police desk inside the A&P which will be periodically manned by officers for crime prevention and community relations purposes;

school resource officer Jim Grady completed his training in Detroit on August 19^th through the

23^rd; the annual Fire Department Carnival was a success from a public safety standpoint; on August 29^th the new Union County Prosecutor Theodore Romankow, his first Assistant Albert Cernadas, Jr., and new Chief Robert Buccino, visited the Department and discussed mutual law enforcement concerns.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES��

Councilman David said that he was in receipt of the Construction Department�s report for the

month of August and read the following:� total receipts were $12,852. and included the following: building fees - $11,069.; trust fees - $459.; smoke detector fees - $200.; and

elevator fees - $1,124.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor reported that the Library Board will be meeting this Thursday and he said he anticipates that the repair of the ramp will be discussed.� He announced that the Library has a

Grandparents celebration on Saturday, September 21^st at 11:00 a.m., and although it is a free event you must register because they will be serving a light lunch.� Councilman Taylor also announced that the Health Fair will be held on Saturday, September 14^th at Schering Plough.

BILLS

Consolidated Bill List appears on the following page.

CONSENT AGENDA

Mayor Tripodi said that at the Work Session Meeting which was held prior to this meeting, there was an addition to the Consent Agenda which was the approval of the a 5-year contract which will be a 3 year with a 2 year renewal for the pick-up of yard waste which includes wood-chips, brush, stumps, grass and leaves.� It was moved by Councilman David,� seconded by Fiamingo and carried, that the Consent Agenda be amended to add Resolution No. 7.

Resolutions No. 1 through 7 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 Taylor.� 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:�� 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:

����������� ����������� Mr. Romwald Giecewicz��������� Building permit 02-0341

����������� ����������� 60 South 20^th Street

����������� ����������� Kenilworth, NJ� 07033

Amount to be refunded:� $170.00

RESOLUTION NO. 3

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 ������������� LOCATION � ����������� AMOUNT������ ����������� CHECK PAYABLE

����������� �� 150�� ����������� 37����������� 626 Summit Ave.���� � $1,084.87������� ����������� Edward M. Toy

����������������������� ����������������������� ����������������������� ����������������������� ����������� ����������� 626 Summit Avenue

����������������������� ����������������������� ����������������������� ����������������������� ����������� ����������� Kenilworth, NJ

CONSENT AGENDA (CONT.)

RESOLUTION NO. 4

Be It Hereby Resolved:�� That the Equipment Maintenance Agreement be renewed with Zip Systems, Inc., 38 Old Camplain Road, Hillsborough, NJ� 08844, for the elevator in the Municipal

Building for a two (2) year period from October 1, 2002 to September 30, 2004 at a cost of $185.00 per month.

Be It Further Resolved:�� That pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.

RESOLUTION NO. 5

Be It Hereby Resolved:� That the Borough Clerk be authorized to issue the following Raffle Licenses:� #762 � To the Knights of Columbus #4186 on behalf of the Pride in Kenilworth

����������������������� ���� Committee for Games of Chance at the Octoberfest to be held on

����������������������� ���� October 20^th with a rain date of October 27, 2002.

RESOLUTION NO. 6

Resolution appears on the following page.� (Resolution designating September 20, 2002 as

�POW/MIA Remembrance Day� in the Borough

of Kenilworth)

RESOLUTION NO. 7

Be It Hereby Resolved:� WHEREAS, the Department of Public Works solicited requests for proposals to provide disposal services for yard waste including wood chips, brush, stumps, grass and leaves, and;

����������������������� ����������� ��� WHEREAS, S. Rotondi & Sons, Inc. submitted a proposal which in the opinion of the Governing Body, provides the best services at the most competitive rates;

����������������������� ����������� ��� NOW, THEREFORE, BE IT RESOLVED� that the proposal of

S. Rotondi & Sons, Inc., dated June 5, 2002, as modified and supplemented by proposal dated September 5, 2002 is hereby accepted and the Borough Attorney is hereby authorized and directed to prepare a three (3) year contract with a two (2) year renewal option and the Mayor and the Borough Clerk are hereby authorized to execute same on behalf of the Borough of Kenilworth.

GENERAL BUSINESS

No one desired to be heard.

MEETING OPEN TO THE PUBLIC

David Vanik, 642 Fairfield Avenue, asked the Governing Body what their position is regarding the reactivation of the railways.

�

Mayor Tripodi replied that it was discussed at the Work Session meeting and said he believes that the County and Roselle Park are going to be adopting a resolution which, unless the Council

agrees to the reactivation with no negative impact on the community, we will adopt also.

Mr. Vanik asked if any members of the Governing Body have come out and visited the area in question, where over a hundred houses will be affected by this?

Mayor Tripodi said they are in need of some clarification, as first they received a letter saying that the railway was just going to be just clearing some brush, then they received a letter from the County telling us something different, and then they were told that the activation in Kenilworth was going to be in the year 2005, and only behind Market Street.

Mr. Vanik said they were also told that they will be spraying this week.� He said the Council really needs to look at this issue in a hurry and come up with a position on it, because the railroad has taken things into their own hands.

Mayor Tripodi requested that the group that was present in the audience tonight pass a petition around because this would show a negative impact on the community, which is what they have to prove.� He said there are a lot of legal issues involved with the railroad.

Mr. Vanik said they are studying the legal issues, quickly, and have gathered together a neighborhood committee.� He asked the Mayor if he could attend their neighborhood meeting

on Monday, September 23^rd at the Library at 7:00 P.M.

Ed Westervelt, Faitoute Avenue, said he was not sure if the governing body understands the full ramification of what is going on here.� He said there are four phases, phase 1 � is the

reactivation of the Staten Island branch which goes from the Turnpike to St. George Avenue;

phase 2 -� is the reactivation of the Conrail Line from St. George Avenue to Cranford;� phase 3 �

is the Rahway Valley Railway which is the Kenilworth branch and goes to Union; and phase 4 �

is Union to Summit.� The tie-in back to phase 1 is connected to the Howland Marine Terminal in Staten Island and New York City has already spent over $15 million dollars to repair the road and the bridge over the Raritan River.� To get to NJ, they want to get to the main line, which is the chemical coast line and or to the Conrail Line.� The Morristown M&E and Erie lines have applied for rights to use the Staten Island and the Rahway Valley Railroad.� If� they get the connection, there are� two ways they can go.� They can connect into the main line directly from the Arthur Kill or connect into the Conrail Line.� He said that one may ask why would they want all this, but if you follow the line, it connects back up to Summit to the Lackawanna and it just so happens that M&E Railroad has 158 miles of interconnecting track up there.� He said this has to be watched very carefully.� He asked if it can be stopped? He said yes, the County can stop it.�

MEETING OPEN TO THE PUBLIC (CONT.)

He said the State of New Jersey has invested $27 million dollars to purchase the railway property.� The taxpayers will probably fund the revitalization of the Rahway Valley and the Staten Island lines to have freight from who knows where go back up to the Lackawanna.

He said M&E is in a great position to get all of this paid for by the state.� Mr. Westervelt said that his home is right next to the track and you do not know what it is like to have a train

idling and feel your house shake.� He added that if anyone has every seen the Raritan Valley Line, they bring in double height containers now.�

Joanne Dillion, Faitoute Avenue, said she is in opposition to this railroad and wants to make sure that the governing body knows how this is going to affect the quality of their lives.� They are talking about running this railroad between 12:00 midnight and 2:00 A.M., because of the traffic in the area.� She said she has lived here since the last line went through the town knows what it is like � the house shaking and whistles blowing, not to mention the chemicals it may be carrying.

She said the articles that she has read says that the County will not go through with it if it affects the quality of life.� She said this will affect the values of all of the homes in Kenilworth and the taxes, because their houses will not be worth what they are now.� She asked that the governing body really look in to this because this will be a nightmare.

Rosalie Metta, Faitoute Avenue, said that her house is about 10 feet from the railroad tracks.� She said she has been living here for 14 years and when the realtor first showed her the house, the first thing she saw was the railway and the sign.� She said she told the agent that she did not want to live next to the rail line and was told not to worry, it will be gone in two years. She was able to bear with it, only because she knew it would be gone.� She said she does not want it back.

ADJOURNMENT

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.

8:25 P.M.�������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

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

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