Council Minutes from 12/11/2002




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

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 Falcetano, seconded by Galasso and carried, that the minutes of the Work Session meeting of November 12th and the Regular Meeting of November 13,  2002 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)


  1. A Civil Action Summons was received – Peter Crincoli, Jr. vs. Borough of Kenilworth Planning Board.  Forwarded to our insurance company.
  2. Letter from Fire Chief Giordino informing Mayor and Council that the Fire Department will be offering a Basic First Aid Class to members of the Senior Citizens Club of Kenilworth at no cost to the seniors.
  3. Letter from Union County Improvement Authority offering all municipalities in Union County the opportunity to join the County as a participant in the Authority’s Unfunded Pension Liability Pooled Loan Program.
  4. Letter from Walter E. Boright, Kenilworth Historic Street Signs, thanking the Police Department for their cooperation in their Historic Street Signs Project.
  5. Letter from County Manager George Devanney in response to Mayor Tripodi’s letter asking for county action to oppose the reactivation of the railroad.
  6. Letter and draft resolution that Mayor Tripodi sent to affected community’s mayors regarding a joint legal action in regard to the railroad reactivation.


  1. Municipal Court Report for the month of October, 2002.
  2. Police Department Report for the month of November, 2002.
  3. Construction Department Report for the month of November, 2002.
  4. Borough Clerk’s Report for the month of November, 2002.
  5. Rahway Valley Sewerage Authority Meeting Minutes of Special Meeting of October 24, 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.



Mayor Tripodi noted Resolution Numbers 18 & 19 regard the railroad issue.  He said the Council has authorized joint legal action with the other communities with an initial contribution not to exceed $10,000.  Resolution No. 19 allows the DOT to sell the Rahway Valley and Staten Island railroad “rights of way” to the County of Union for recreation and conservation purposes which would in effect change the use from the railway to recreation.  Mayor Tripodi then presented the checks to the following Halloween House Decorating Contest winners:

            District #1 – Gary and Mary Walck

            District #2 – Sal and Darlene Candarella (not present)

            District #3 – John and Gail Cantalupo (not present)

            District #4 – Judith Bisset (not present)

            District #5 – Scott Sherrier

            District #6 – Joseph and Karen Laudati

Mayor Tripodi thanked the residents for participating and taking pride in decorating their homes for the enjoyment of the residents. Mayor Tripodi also called forward Chief William Dowd and announced that at last weeks Municipal Alliance meeting he was named “volunteer of the year”.  Mayor Tripodi noted that Chief Dowd is very active in not only the Alliance but many programs that go on in our community.  He added that it is important that the residents see the Chief at these events and know that he supports them.  Mayor Tripodi said he along with all of our residents appreciate the fact that he takes the time from his busy schedule to be there.   He also noted that the new School Resource Officer position is really taking off and he is getting wonderful feedback from the school officials and said that this also was instituted under Chief Dowd’s leadership.  He presented Chief Dowd with Resolution No. 7.  (Commending William Dowd on his award as “Kenilworth Alliance Volunteer of the Year”) 

Chief Dowd thanked the Mayor and said that as a volunteer you never look for any credit it is still nice to receive a “pat on the back”.  He also congratulated Councilman Falcetano for his years of service to the Borough.

At this time Mayor Tripodi read the following proclamation into the minutes:  (copy attached)

            Proclaiming Wednesday, December 11, 2002 as “Richard Falcetano Day”

Mayor Tripodi said that the Borough got a bonus when they elected Rich to Council, as along with him came his wife Lillian who volunteers her time to the Board of Health among other groups.  He said the Falcetano’s are a young family and one that likes to get involved in the town.  Rich served 6 years and he congratulated him on his service to the Borough.

Councilman Falcetano thanked the Mayor for the proclamation.

Mayor Tripodi wished the Council and residents a Happy Holiday.



Councilwoman Fiamingo said she had nothing to report this evening.


Councilwoman Colosimo reported that this year the flyer with the recycling information will be mailed out to the residents shortly.  She noted that the yard will no longer be open on Saturdays.

She wished Happy Holidays to the residents and Governing Body. 

Mayor Tripodi added that he did a segment on Comcast Newsmakers and announced the mailing of the Public Information Guide saying he hoped that it would help to get the word out.


Councilman Galasso read the following highlights from the Police Chief’s report for the month of November:  Capt. Phillips and Sgt. David attended a breathalyzer refresher course; Lt./Det. Dopf attended an advanced supervision course; Off. Soos attended a course in the methods of instruction; Det. Scuderi and Off. Giacalone attended a 911 user seminar; Sgt. Hannon attended UCERT Swat training; and all officers attended a firearms qualification course, instructed by Sgt. David and Off. Soos and all successfully qualified.  Det. Dopf and Det. Dowd were named as the department liaisons to the Union County Counter-Terrorism Task force. Councilman Galasso reported that the department obtained ownership of a 1997 Blazer through the forfeiture proceedings as a result of a drug investigation.  He said that this vehicle will replace the 1986 Bronco which was also seized a few years ago and now turned over to the Fire Department.

Councilman Galasso read the following letters into the minutes:

            Dear Chief Dowd:

                I am writing to praise Lt. Richard Dopf for his assistance and commitment to the Domestic Violence

                Response Team program.  His participation during training clearly conveys how important the DVRT

                Project is to him as well as the Kenilworth Police Department. Our experience has shown that commitment

                from the highest officials in the community significantly contributes to the success of the program.  You

                have quickly demonstrated an understanding of how to make the DVRT program work.  Your approval of

                standard operating procedures with automatic call-outs will insure that volunteers are utilized effectively

                and victims have an easy access to information and support.  You have also identified a terrific domestic

                violence liaison in Officer Lt. Dopf.  The time and enthusiasm Lt. Dopf has committed to this program has

                already proven to be successful in recruiting, screening and organizing volunteers.  I commend Lt. Dopf for

                his hard work to recruit and retain qualified and committed volunteers.  Attending the 40 hour training

                along with the volunteers demonstrates how much he values the volunteers and the DVRT program.  We

                truly appreciate how enthusiastically the Kenilworth Police Department has championed this program and

                best of all, victims of domestic violence and their families will benefit the most from this collaboration

                between the Kenilworth Department and the Union County Prosecutor’s Office, community volunteers

                and the YWCAEUC.  Our many thanks to you and the Kenilworth Police Department.


                Phyllis Adams

                Assistant Executive Director



            Dear Chief Dowd and Sgt. Grady:

                Thank you so much for the excellent cooperation we received from the Kenilworth  Police Dept. for our

                Historic Street Signs project.  Sgt. Kenneth Grady could not have been more helpful and cooperative.  His

                willingness to assist us in anyway possible was always there.  In fact, to help assure that the signs were

                mounted on time for the Saturday, Nov. 30th rededication program, he physically assisted the Public Works

                Department in doing so.  Your support, Chief Dowd was appreciated as well.  It meant a great deal that you

                were able to assign a patrol car with younger officer Grady behind the wheel.  This  further helped  us to  

 ascertain a smooth running program.  Charlie Vitale, Bob Woods, and the members of the ad hoc committee  

 wish you, the department and your families a wonderful Christmas Season.


             Walter E. Boright, Chairman


Councilman David said he was in receipt of the Zoning Officer’s report for the month of November and announced that there were 6 complaints, 5 approvals, 0 denials and 4 pieces of correspondence.  He also said he was in receipt of the Construction Official’s report for the month of November and reported total receipts of $7,305. which were broken down as follows:

$6,822. for building fees; $263. for trust fees; and $220. in smoke detector fees.


Councilman Falcetano said he had nothing to report, however, he will make some comments under General Business.


Councilman Taylor announced that Kenilworth has been chosen to host the Local Assistance Board’s meetings this year at Borough Hall, which is a nice honor and a good indication of the wonderful work that is being done in this department and by Paulette Drogon.

At this time, Mayor Tripodi asked for motion from the floor to table Resolution No. 21 from the agenda which pertains to the Governing Body’s intention to become a member of the Garden State Municipal Joint Insurance Fund.  Councilman David made the motion to table Resolution No. 21.  It was seconded by Councilwoman Colosimo and on roll call unanimously carried.


Consolidated Bill List appears on the following page.





Resolutions No. 1 though 20 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 Galasso.  Upon roll call the vote was unanimous.


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


Be It Hereby Resolved:  That the Chief Finance Officer be authorized to pay all necessary bills until the next regular meeting in 2003.


Be It Hereby Resolved:  That the attached list of Retirees be reimbursed for their payments for Medicare coverage from July 1, 2002 to December 31, 2002 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.


Be It Hereby Resolved:  Whereas, the following property was issued a plumbing and electrical permit, and fees were received by the Building Dept.:

                                        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 $181.00 refunded to Homeowner:

Mr. Louis Santelli        

740 Clinton Avenue

Kenilworth, NJ  07033        Permit #02-0436  Block 125, Lot 13


Be It Hereby Resolved:  That the Treasurer be and is hereby authorized to draw warrants to the order shown opposite their respective names, this being the amount of refund of 2002 taxes due to the granting of a veteran deduction for the tax year 2002.

            Veteran       Block   Lot    Address                             Amount

   John J. Colby        170      11      640 Colfax Avenue         $200.00





Be It Hereby Resolved:  The Borough of Kenilworth wishes to have credit card capability for the Kenilworth Municipal Court; and

                                        Whereas,  the New Jersey State Legislature has authorized the acceptance of credit cards as a form of payment by Government Agencies; and

                                        Whereas, NxGen, a merchant service provider for NOVA Information Systems, has provided the proper documentation to provide the Borough with credit card services.

                                         Now, Therefore, Be It Resolved  that NxGen be authorized to provide credit card services to the Borough of Kenilworth.


Resolution appears on the following page.  (Commending William Dowd on his award as

                                                                        “Kenilworth Alliance Volunteer of the Year”)


Resolution appears on the following page.  (Recognizing the Years 2002 through 2011 as

                                                                        “Bone and Joint Decade” to promote research for

                                                                        a cure for musculoskeletal impairments)


Be It Hereby Resolved:  Whereas, the Tax Assessor has granted a Senior Citizen Deduction on

Property known as Block 33 Lot 2.01 located at 203 No. 15th Street in the Borough of Kenilworth, County of Union, NJ, and

                                        Whereas, the Collector of Taxes reports a delinquent tax amount due for the tax year 2002,

                                        Be It Therefore Resolved, that the deduction in the amount of $250.00

Be applied to the amount due and owning on this property.




Be It Hereby Resolved:  Whereas, it has been found that an overpayment of 2002 Third and Fourth quarter taxes has been made on the property 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

                        119                  20        36 So. 24th Street                     $956.09  Third Qtr.

                                                                                                            $978.77  Fourth Qtr.      

Check Payable to:  Principal Mortgage                                   $1,934.86  Total                                                        711 High Street, H-11

                               Des Moines, Ia   50392-0750

                               Attn:  Brenda Corwin, Tax Dept.


Resolution appears on the following page.  (Treasurer authorized to refund Tax Sale

                                                                        Certificate #01-004 for property at 246 N. 10th St.

                                                                        - $11,245.18)


Resolution appears on the following page.  (Treasurer authorized to refund Tax Sale

                                                                        Certificate #02-001 for property at 307 N. 8th St.

                                                                        - $12,302.97)


Be It Hereby Resolved:  That the Borough Clerk be authorized to issue the following Raffle License:   #767 – To the David Brearley Middle/High School PTO for an Off-Premise 50/50

to be held on March 7, 2003.


Resolution appears on the following page.  (Transfers)


Be It Hereby Resolved:  That the attached salary increases for Department of Public Works

Employees for the Years 2001 and 2002 be hereby approved.




Be It Hereby Resolved:  That the Mayor’s appointments of Carlo Piccininni and Jane Flanagan as Alternate School Crossing Guards, effective immediately, be and the same are hereby approved.


Be It Hereby Resolved:  That Brian Kidder be employed as a Laborer in the Department of Public Works at a rate of $14.00 per hour effective as of December 16, 2002.


Resolution appears on the following page.  (Authorizing joint legal action with Roselle, Roselle

                                                                        Park, Summit, Springfield and Union against the

                                                                        County and/or Morristown & Erie Railway Inc. to

                                                                        Prevent reactivation of the rail lines.


Resolution appears on the following page.  (Resolution endorsing Assembly Bill No. 2916

                                                                        which requires the NJDOT to sell the Rahway

                                                                        Valley and Staten Island Railroad rights-of-way

                                                                        to the County of Union for recreation and

                                                                        conservation purposes)


Be It Hereby Resolved:  That the Mayor be authorized to sign a five (5) year contract with

Associated Humane Societies for Animal Control Services at a cost of $10,375.10 for the first

Year and a 2% per year increase for each of the remaining four (4) years of the contract.


Proposed Ordinance was read for a second reading as follows:  (copy appears in the minutes of

                                                                                                      November 13, 2002)

                                                ORDINANCE NO. 2002-19


Mayor Tripodi explained that this is the salary ordinance for the public works employees which sets ranges; hourly wages and other particulars.



Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-19.

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


Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:  That Proposed Ordinance No. 2002-19, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Galasso and on roll call unanimously carried.


Mayor Tripodi said he wishes Rich and Lillian the best in the future.

Councilwoman Fiamingo  congratulated Chief Dowd and said she attended the Municipal Alliance Dinner and it was nice and a well deserved honor.  She congratulated Rich Falcetano and said it was a pleasure to know him and to work with him for the past two years.  Councilwoman Fiamingo wished him good luck.

Councilwoman Colosimo echoed Councilwoman Fiamingo’s comments in regards to Chief Dowd, adding that he does an outstanding job.  She said she has served with Rich Falcetano for the 6 years and said he has been an outstanding councilmember. She congratulated him and

wished him the best.  Councilwoman Colosimo wished everyone happy holidays.

Councilman Taylor said in the brief time he has worked with Councilman Falcetano he said he could say that he is everything you would want in a public servant, a man with a good heart and a strong mind.  He said it was nice to work with him and wished him luck.

Councilman Galasso said Rich Falcetano was his campaign manager before he had to resign from Council to relocate to California, at which time he consented to run in his place.  He said he won the election and then went on to get re-elected.  He said he served on the Finance Committee with him and together they really worked hard to put budgets together which made sense and did not waste the taxpayers money.  Councilman Galasso wished him luck and said he will be sorely missed.


Councilman David congratulated the winners of the Halloween house decorating contest and also Chief Dowd and said he agrees with everything everyone said about him.  He congratulated Rich Falcetano for his service to the Borough, adding that most people do not know what it takes to serve because you do it for practically nothing receiving an annual salary of $500.  Councilman David thanked Rich on behalf of the residents.  He also wished all of his colleagues, their families and residents a happy and healthy holiday.

Councilman Falcetano thanked the governing body and the Mayor, saying that he really appreciated the help that he had gotten from each and everyone of them.  He said he thinks over the years he has had a chance to serve on a committee with each member and feels they have always gotten along well and supported each other and did a lot of good things.  He said it has been a honor and a privilege to hold this position.  He said he has no regrets, just good memories that he will always cherish.  He thanked Borough Clerk Hedy Lipke, Attorney Tom Vitale, Deputy Clerk Michelle DeRocco, and all of the department heads and borough employees.  He also thanked all of the volunteers who at one time or another served on various committees. 

He said as he leaves his official position to resume his life as a resident he finds it very comforting to know the quality of people who are now serving the residents.  Councilman Falcetano said he knows first hand that these folks are dedicated and knowledgeable and the Borough is in good hands.


Peter Borowski, Jefferson Avenue, said that his backyard abuts the rear yard of the laundromat and all he does is replace his back fence.  He said the people who use the parking lot think nothing of banging into the fence and whoever plows the lot plows right into his fence.  He said he keeps replacing the fence but feels something should be done about it.  (He gave the Mayor and Council pictures.) 

Mayor Tripodi said he will refer this to the Police Department and the Zoning Department, through the respective council people.

Fred Soos, Epping Drive, commended the Mayor and Council for the security work done in the Police Department.  He said that as residents, we all pay County taxes and the Boulevard is a mess.  He said it has leaves and snow all over the place, and trenches down the middle which were not being fixed because some traffic light upgrades were pending. He said there is also a trench on Market Street.  He said it seems as though the other towns are being taking care of by the County and we are left out. 

Mayor Tripodi said he agrees and still sees leaves left on Michigan Avenue.  He said he will contact them.

Mr. Soos said some sewer work was done on Market Street awhile back, and there are three 10’ by 20’ foot holes which have not been repaired.


Mayor Tripodi said he will check on it.

Mr. Soos said that we used to have zoning or building ordinances which required new construction and home improvements to conform to the surrounding neighborhoods.  He asked if we still have conforming use in our town?

Mayor Tripodi deferred to Borough Attorney Thomas Vitale.

Attorney Vitale said that as far back as he knows, we have never had an esthetics ordinance.  He said we do have ordinances which regulate square footage and setbacks.  He said we have nothing to govern the “style” of houses.

Councilman David said he does not know of any either, unless it was a situation which had to go before the Planning Board or the Board of Adjustment at which time they are able to review the requests and make recommendations. 

Mr. Soos said he goes way back and remembers that there used to be.  Mr. Soos asked if we are getting ratables on all of this new construction and additions?

Mayor Tripodi assured Mr. Soos that the Tax Assessor, Paul Parsons is on top of it.

Mr. Soos said that he recently has been taking groups of Seniors down to the PNC Art Center to see the Christmas light show, however, he could not go last night because there was a gash in the tire of the bus.  He said Joanne Field’s husband went down to the Public Works yard to get it fixed and asked who is in charge of repairs to the Senior bus?

Mayor Tripodi said that it would be Rich Spilner of Public Works.

Mr. Soos said Joanne’s husband rode around all day trying to get the tire fixed, and he is not even on the payroll.  He said when the van was new and there was a problem with the door, he was told by Mr. Spilner that it was not his problem.  Mr. Soos said that he had to take it to the dealer and get it fixed.

Councilwoman Colosimo said that if it is a Borough owned vehicle, we will maintain it,   however, if it is under warranty than the dealer should take care of it.


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

                                                                                                            Respectfully submitted,

8:50 P.M.                                                                                             Hedy Lipke, Borough Clerk

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