REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, OCTOBER 24, 2001. COUNCIL PRESIDENT RICHARD LOFORTE PRESIDED.

Roll Call at 8:00 P.M. showed the following Council Members present: Carmela Colosimo, Gregg David, Richard Falcetano, Kathi Fiamingo, Ed Galasso, and Richard LoForte. Mayor Michael Tripodi was absent.

Acting Mayor LoForte read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor LoForte.

It was moved by Fiamingo, seconded by Colosimo and carried, that the minutes of the Work Session Meeting of October 9^th and the Regular Meeting of October 10, 2001 be dispensed with

and approved as submitted. (Copies furnished to each Council Member prior to the meeting.)

Borough Engineer Dr. Michael Disko explained that every year in November he submits applications on behalf of the Borough for federal funding administered by the Division of Community Development in Union County. He said he has been Kenilworth�s representative since 1984 and feels we have been effective in getting a considerable amount of money over the years. He said applications are due by November 9^th and it is a requirement to hold a hearing to get the Governing Body�s and the public�s input. Dr. Disko said we always have on-going sewer issues to reduce the infiltration inflow problem and he has been working on this for years. He feels it is a very desirable program to try to reduce storm water from going into our sewer system, and it is like an annuity for the Borough because every gallon he can reduce will save the Borough money. He explained that if he can take storm water out of the sewers it will reduce the flow which results in a reduction of the cost to Rahway Valley. Sanitary sewer improvements for infiltration inflow are an eligible Community Development activity. He said he would like to recommend the submission of a grant in the amount of about $60,000 for Park Drive, Shady Lane, Commonwealth, Tulip Court, Columbia, South 19^th Street, South 21^st Street, South 24^th Street, North 16^th Street from Sheridan Avenue to Lafayette, and North 21^st Street from the Boulevard to Washington Avenue. Dr. Disko said that in about another year or two he feels he will be able to say that he has covered just about every significant sewer in the Borough and his goal is to try to tighten them up. He explained that this is an on-going project because Kenilworth has a sewer system that dates back in some sections to the 40�s and 50�s. He said this is a positive thing and that is why it is the first priority. Dr. Disko said they went out and looked at the streets that are Community Development eligible, which are a limited number. These are the streets that generally have low income levels, maybe because there are a lot of seniors living on the street who are on fixed incomes or other reasons. He said he recommends

North 22^nd Street for road improvement from the Boulevard to Washington Avenue, adding that

(CONT.)

it is an eligible street and it is right next to St. Theresa�s. This will give the Borough the opportunity to improve the infrastructure in an area that there are a lot of people, a lot of traffic and a lot of kids. He said the next street that he is suggesting as a third priority is North 24^th Street from Washington to Monroe. Dr. Disko said a section of North 24^th Street is already under contract to Fernandes Construction and this would be another block. He said that Community Development will only fund 2 or 3 projects so there is no sense in applying for 10 projects. He also said he has discussed previously with Councilwoman Colosimo the recommendation that they apply to Community Development for an upgrade to the bathrooms at the Recreation Center, making it handicap accessible. He said he will ask for $17,000 from the Facilities Committee as that is also a priority. Dr. Disko said the Health Department usually applies for Senior Wellness programs. He said that he welcomes any questions or suggestions from the Governing Body.

Acting Mayor LoForte asked if a pumping station would qualify for any of the grant funding?

Dr. Disko said it would not, explaining that he needs facilities that are in community development eligible areas and on one side of the pumping station there is a county park.

Councilman Falcetano asked if, when considering the improvements to the bathrooms at the Recreation Center, will it still have two separate bathrooms?

Dr. Disko said it may have to be converted into one unisex or possibly extend the wall out. He said he is not quite sure yet. He said the hearings are held in February and if they are awarded any funds they would receive the money around September, 2002.

Acting Mayor LoForte asked if the money is given in one lump sum and can be used it where it is needed?

Dr. Disko said no, the money must be used for the specific project it was requested for, and he could also not co-mingle funds, such as using money from the Facilities Committee for public improvements or sewer projects.

There being no further questions from the Governing Body, Acting Mayor LoForte opened the meeting to the public for any questions or comments on the Year XXVIII Community Development Grant Applications.

No one from the public desiring to be heard, Acting Mayor LoForte closed the meeting to the public.

It was moved by David, seconded by Colosimo and carried, that the Borough of Kenilworth formally endorses Borough Engineer Mike Disko�s recommendations for the year XXVIII Community Development Grant Applications and authorizes submission of the same.

(CONT.)

Dr. Disko thanked the Council.

1. Letter from Tom & Ellen Hennigan, 5 Red Oak Lane, regarding a complaint they made

concerning an oversized shed.

2. Letter from Mrs. Heide Marty, 632 Newark Avenue, regarding a water pressure problem

at their home and asking to be granted a permit for a street opening to fix the problem.

3. Letter from Mrs. Gail Andrews, on behalf of a group of friends of Robert Kaulfers, asking

the procedure for them to plant a tree in his memory.

4. Letter received from Marybeth LoBello resigning from the Recreation Committee.
5. The November meetings of the Mayor and Council scheduled for November 13^th

1. Municipal Court Report for the month of September, 2001.
2. Rahway Valley Sewerage Authority Meeting Minutes of September 13, 2001.

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

In Mayor Tripodi�s absence, Acting Mayor LoForte reported that the Octoberfest was very well attended and the weather couldn�t have been more perfect. He thanked the Pride in Kenilworth Committee and the people in the Borough who helped to make it a success that it was.

Councilwoman Fiamingo reported that she has spoken with Dr. Disko regarding the repairs needed for the copula and he will submit an estimate so that she can give it to Dianne so we will be moving forward with that. In regards to the pumping station, she said Dr. Disko is looking

for the authority to go forward with the permit process from the DEP, should we be able to get the funds in next year�s budget, however, this will be talked about at the next meeting.

Councilwoman Colosimo asked Dr. Disko, in regards to the pumping station, how much of an emergency is it, in other words, can it wait until November to be discussed?

Dr. Disko said he cannot guarantee any time frame when it comes to the pumping station. He explained that it does cost the Borough a great deal of money in terms of labor and rental of a

jet-vac pump. He said it is on it�s last leg and he does not want to be in the position to spend $30,000 to patch it when it gets a major breakdown. He said he would like to request permission from the Governing Body to be able to go to the DEP and start the permit process which can take

3 or 4 months. He said he would like to do this rationally and systematically as opposed to reacting under pressure. Dr. Disko said it should be discussed in detail at the November meeting.

Councilwoman Colosimo said she will be meeting with Superintendent Dan Ryan and will

discuss this with him, along with the contracts for the garbage. She also wished to commend the Pride in Kenilworth Committee, the Police Department, the Fire Department, the DPW and everyone else who was involved for doing a wonderful job with the Octoberfest. Councilwoman Colosimo also announced that this past Saturday was the Red Ribbon kick-off and thanked Michelle DeRocco for working on the committee. She said there was a wonderful turnout and thanked Mayor Tripodi for representing the Council.

Councilman Galasso announced that on the Consent Agenda we will be awarding the bid tonight to Warnock Ford for the 3 new police cars, as well as having several first readings which pertain to public safety: one which will designate a drop-off zone in front of Harding School; a joint enforcement ordinance with Union Township regarding the traffic situation by Springfield Road;

and another which will relocate a bus stop. He reported that the Public Safety Committee will be

meeting tomorrow night to finalize their recommendations for the proposed changes in the promotion ordinance and afterwards a second contract negotiation meeting. He said they will be calling a special full Council meeting next week to finalize the promotion ordinance.

Councilman LoForte reported that we will have a second reading tonight to amend Chapter

91 of the Borough Code which will eliminate permit fees where handicap alterations are needed. He announced that the Planning Board will be meeting tomorrow and the public is welcome.

Councilman Falcetano announced the resignation of Marybeth LoBello from the Recreation Department Committee and said he would be meeting with the Director Rich Vitale to discuss filling the position. He also reported that the Fire Department held a seminar related to

"Weapons of Mass Destruction".

Councilman David reported that at last week�s Board of Health meeting he learned of the resignation of Barbara Hart from the Board and referred to the resolutions on the agenda this evening to fill the vacancy. He also announced that last Wednesday he along with the Mayor and Councilwoman Fiamingo attended the "Libraries of Union County" celebration at the Mountainside Library and Schering Plough was honored for their philanthropy,

mostly to the Kenilworth Library. He said it was a very nice ceremony and he was happy to participate.

Consolidated Bill List appears on the following pages.

Resolutions No. 1 through 7 are listed under Consent Agenda attached 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 LoForte moved that all items under Consent Agenda be approved, seconded by Council Member David. 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. (Insertion of an Item of Revenue in the 2001 Budget

AFT G.R.E.A.T. Funding � Dept. of the Treasury �

$3,000.00)

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

#97-004 = $11,299.40)

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

#01-003 = $3,341.72)

Be It Hereby Resolved: That the Borough Clerk be authorized to issue the following Raffle License: #741 � To the Kenilworth Historical Society for an On-Premise 50/50 to be held on November 3, 2001 at the Kenilworth Veteran�s Center

Be It Hereby Resolved: That the hourly rate of Borough Attorney Thomas A. Vitale be increased to $100.00 per hour with an annual salary of $20,000.

Resolution appears on the following page. (Awarding the bid for the lease/purchase of three

police vehicles to Warnock Ford - $74,864.00)

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved: That the attached salary increases for non-union Borough employees for the Year 2001 be approved.

Seconded by Falcetano and on roll call the vote was as follows: Colosimo, Falcetano, Fiamingo, Galasso, and LoForte, "YES"; David, "NO".

Introduced by David who also moved its adoption.

Be It Hereby Resolved: That PATRICIA KOTCH be appointed as a regular member of the Kenilworth Board of Health to fill the unexpired term of Barbara Hart which expires 12/31/02.

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

Fiamingo, and Galasso, "YES"; LoForte, "NO".

Introduced by David who also moved its adoption.

Be It Hereby Resolved: That DIANNE CORRAGIO be appointed as Alternate No. 1

on the Kenilworth Board of Health to fill the unexpired term of Patricia Kotch which

expires on 12/31/01.

Seconded by Galasso and on roll the vote was as follows: Colosimo, David, Falcetano, Fiamingo, Galasso, "YES"; LoForte, "NO".

Introduced by David who also moved its adoption.

Be It Hereby Resolved: That ALBERT TESTA be appointed as Alternate No. 2 on the Kenilworth Board of Health to fill the unexpired term of Dianne Corragio which expires on

12/31/02.

Seconded by Galasso and on roll the vote was as follows: Colosimo, David, Falcetano, Fiamingo, Galasso, "YES"; LoForte, "NO".

Proposed Ordinance No. 2001-17 was read for a second reading as follows: (copy appears in the

ORDINANCE NO. 2001-17

ORDINANCE AMENDING CHAPTER 91 OF THE BOROUGH CODE ESTABLISHING PERMIT FEE EXEMPTION FOR THE HANDICAPPED

Acting Mayor LoForte opened the meeting to the public for any questions or comments on

Proposed Ordinance No. 2001-17.

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

Introduced by LoForte who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2001-17, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Falcetano and on roll call unanimously carried.

Proposed Ordinance No. 2001-19 was read for a first reading as follows: (copy attached)

ORDINANCE NO. 2001-19

ORDINANCE AMENDING CHAPTER 190-37 OF THE CODE OF THE BOROUGH OF KENILWORTH TO ELIMINATE ANGLE PARKING AT DESIGNATED LOCATIONS

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2001-19, be and the same is hereby passed on first reading and ordered published for final hearing on November 7, 2001.

Seconded by Colosimo and on roll call unanimously carried.

Proposed Ordinance No. 2001-20 was read for a first reading as follows: (copy attached)

ORDINANCE NO. 2001-20

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH � SCHOOL CHILDREN SAFE DROP OFF ZONE

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2001-20, be and the same is hereby passed on first reading and ordered published for final hearing on November 7, 2001.

Seconded by LoForte and on roll call unanimously carried.

Proposed Ordinance No. 2001-21 was read for first reading as follows: (copy attached)

ORDINANCE NO. 2001-21

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF

KENILWORTH � NEW BUS STOP LOCATION

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2001-21, be and the same is hereby passed on first reading and ordered published for final hearing on November 7, 2001.

Seconded by David and on roll call unanimously carried.

Proposed Ordinance No. 2001-22 was read for a first reading as follows: (Copy attached)

ORDINANCE NO. 2001-22

ORDINANCE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION AND STATE OF NEW JERSEY, PERTAINING TO THE JOINT ENFORCEMENT OF CERTAIN TRAFFIC LAWS WITHIN THE TOWNSHIP OF UNION, COUNTY OF UNION AND STATE OF NEW JERSEY, BY THE POLICE DEPARTMENT OF THE BOROUGH OF KENILWORTH

Introduced by LoForte who also moved its adoption.

Be It Hereby Resolved: That Proposed Ordinance No. 2001-22, be and the same is hereby passed on first reading and ordered published for final hearing on November 7, 2001.

Seconded by David and on roll call unanimously carried.

Councilman David thanked his colleagues for supporting the appointments to the Board of Health. He explained his "no" vote on Resolution # 8 by saying he is in favor of salary increases with the exception of one individual who he can not name in the public.

Frederick Soos, Jr., representing the Kenilworth PBA #135, said that he did hear Councilman Galasso announce that there would be an emergency meeting next week to discuss the promotion ordinance, however, he feels it is too little � too late. Harry Scheidegger retired in January of 2001 and everyone knew about it in December of the year 2000. Officer Soos said the PBA is entitled to an explanation and there are 3 guys in the department who have been "jerked around"

in regards to promotions for 10 months. He asked why the promotions were not worked on and the procedures put in place prior to now?

Councilman Galasso said it has been a matter of priority and the Council had other issues which they felt took priority. He explained that the committee began working on this in May. He said they had 2 meetings and worked up a draft which then had to be sent to the labor attorney. He said he then had to miss the June meeting due to a business trip. There is only one meeting in July and August, however, there was barely a quorum and they will not address any changes of

ordinances with just 3 Council Members and the Mayor. Councilman Galasso went on to say the first meeting in September was cancelled due to the World Trade Center attack and the promotion ordinance was addressed at the first meeting in October at which time they set up a committee meeting for tomorrow and also decided to have a special meeting with the full Council. He said he sees no reason why the ordinance would not be ready for a first reading at

the first meeting in November. He added that this was the truth and these are the facts, as it had nothing to do with political wrangling.

Officer Soos said the ordinance has been changed over the years, every time a promotion iS due, for at least as long as he has been on the police department. He said we have to stop playing games with people�s careers. He said he was glad to hear Councilman Galasso say that it was not a priority because this police department knows it has not been a priority to this Governing Body. Every other department in town is able to get what they need to do their jobs, however, every time the police department needs something, they are hung out to dry. The only reason they have most of their equipment is because of Schering Plough. For 365 days of the year, the police department put their lives on the line and the 3 men who have been hung out to dry are

three of the most respected men in the department. Even the chief of police, a man with more than 30 years on the job, was strung along when it came time for his promotion. What is to prevent this ordinance from being changed in the future when the next promotions are due?

Councilman Galasso said he cannot guarantee that any ordinance will not be changed in the future, as that is the reality of the voters and these are the careers we chose.

Officer Soos said he was right, as they did chose these careers, however, they deserve better than this. They deserve respect and they do not get it and this has got to stop. This happens every time there is a promotion.

Councilwoman Colosimo said she truly understands what Off. Soos is saying and he is correct in saying that they deserve the promotion ordinance sooner than now, however, it is at this point.

Tomorrow night they will do what they have to do and present something to the Council at the first meeting in November.

Councilman Galasso said it will be done sooner, as they will have a special meeting.

Councilwoman Colosimo said the reason for the delay is that Councilman Galasso wanted an ordinance that will not be changed every few years for what ever the reason may be. She added that this ordinance will not only affect the police department, but the entire Borough.

Officer Soos asked if this will be on for a first reading at the next council meeting?

Acting Mayor LoForte interjected by saying only if the Council agrees to it. He explained there is a promotion ordinance currently on the books. There has been a desire by some of the Council Members to change it and make it all inclusive. There have been opportunities to make appointments based on the old ordinance but it has not been done. They are now focusing on a different ordinance. Acting Mayor LoForte said the one Councilwoman Colosimo and Councilman Galasso are talking about is inclusive of all departments and there is no guarantee that this governing body will agree to all aspects of the ordinance.

Officer Soos said he is just trying to express the need to make this a priority. The governing body is killing the morale of the department by not making it a priority.

Acting Mayor LoForte said to Officer Soos that promotions could have been made with the existing ordinance.

Officer Soos said that they were not, and this was probably due to the political maneuvering just like he first said. He added that the governing body is playing with the police officer�s lives and it has got to stop.

Councilman Galasso explained that they did not make promotions with the existing ordinance because they do not have established tests for each rank that is up. Therefore, they would have to go to an outside agency such as the Chief�s Association but the PBA was against this.

Officer Soos said that we did have tests, however, this governing body voted to do away with them when a certain political hat was due for a promotion.

Councilman David said he has tried to keep quiet so he would not be accused of a conflict of interest as his brother is in the position of being promoted, however, he takes exception to the accusations against the council because he is not in the category of not showing respect towards the police department. He asked Officer Soos to rephrase his accusations to say "some" members of the governing body.

Officer Soos apologized to Councilman David but went on to say either way, these promotions have to be made a priority.

Tim Dowd, representing the Kenilworth PBA #135, asked that in regards to the proposed ordinance, wording should be added so that they do not have to wait a year after someone retires to replace them.

Councilman Galasso said they would consider that.

Acting Mayor LoForte explained that in the past the governing body has felt that in regards to a police officer�s retirement announcement, the day he leaves is not always the day he is off the payroll. Sometimes he is off the payroll for 6 months past his last day on duty and this would cause payment of an additional, overlapping salary. Acting Mayor LoForte also reminded everyone that a retiring police officer can change his mind up to his last day.

Detective Dowd then questioned the extra duty jobs in which they work that the Borough collects escrow money prior to the job so that they can guarantee payment. He said it was brought to his attention Restaurant Depot is requesting an officer for an eight week period during the holidays, however, this is quite a large amount of money for a small business to put out ahead of time.

Councilwoman Fiamingo explained that the Borough needs the money to be able to pay the officers. Possibly they can work something out so they do not have to pay the total of 8 weeks as long as they have some of it up front and they keep ahead of the payments due. She said she would look into it.

Councilman Galasso explained that we cannot use taxpayer�s money to fund extra duty jobs.

Fred Soos, Sr., Epping Drive, said "I told you so" to the governing body because he said he has been coming to meetings for year to ask about the police promotions. He said he heard Councilwoman Colosimo talk of calling a special meeting to discuss the pumping station because it is a priority, however, the police department promotions were a priority. He said he is really concerned about the lack of security in the police department. He added that in any other

police department, the Chief is the last person you see, but in Kenilworth he is the first person you see. He added that he hates to say it but he probably will have to say "I told you so" again.

Councilwoman Colosimo said she did inquire about some bullet proof glass which was donated to the department which is in storage, however, was told that it was not easy to install. She said she is for spending the money and putting it up immediately even if it means that headquarters is to be re-modeled in the near future and it will have to be redone again.

Det. Dowd said with all due respect, it has been in storage for over 3 years.

Councilwoman Colosimo said she was unaware of that. She said she thought she could get the DPW to install it, however, she did not realize how involved it is. She said possibly Dr. Disko could advise us.

Councilman Galasso said he told the Chief to get estimates. He added that he his not trying to blame anyone, however, not this Chief or the Chief before him ever asked him to do anything about police security. It was not a budget request and the request must come from the department head.

Officer Soos said he knows for a fact that the Chief came to Councilman Galasso with 3 proposals which were all shot down.

Councilman Galasso said he knows because he personally gave the architect the 3 proposals. He came back with a price, which the Chief put in his budget. The Finance Committee took it out when preparing for the budget for this year.

Officer Soos again stressed that the police department should be a priority and once the new female officer comes aboard the need for improvements will increase. As of right now, three officers have their lockers in the garage and have to get dressed in there.

Det. Dowd asked if the Council approved video cameras to be set up around the building and would monitor the parking lots?

Councilman Galasso said the Chief was given the funds he requested for video equipment, however, he cannot answer specifically where the video system stands. He said we can approve it, but we are not actually going to go out and purchase it as that is up to the department head.

Mr. Soos, Sr. asked Acting Mayor LoForte if when he said the promotion ordinance would be all inclusive, if that meant for everyone in the whole Borough?

Acting Mayor LoForte explained that it was a proposal of the governing body to make it all inclusive, however, that does not mean it will be.

Mr. Soos, Sr. said the police department should be separate from the rest of the Borough.

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

9:01 P.M.

Respectfully submitted,

Borough Clerk