REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JANUARY 23, 2008.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Salvatore Candarella,� Larry Clementi, Anthony DeLuca, Brian Joho, Fred Pugliese and Toni Sosnosky.

Mayor Fiamingo read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Candarella, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of January 8, 2008 and the Regular Meeting of January 9, 2008 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

RESOLUTION NO. 1

Introduced� by Fred Pugliese, who also moved its adoption.

Be It Hereby Resolved:�� That Police Officer Edward Pastor, having completed his one year probationary period and upon the recommendation of Police Chief William Dowd, be appointed a permanent Police Officer in the Kenilworth Police Department.

Seconded by Anthony DeLuca and on roll call unanimously carried.

Patrolman Pastor was sworn in by Mayor Fiamingo and was given a copy of his Resolution.� Mayor Fiamingo congratulated Officer Pastor.

COMMUNICATIONS AND PETITIONS

1.                  Letter from TopLine Construction Corp. responding to PMK�s letter requesting corrective action concerning buried gas and water valve boxes (2007 Road Project) stating they will locate and raise to grade gas and water valve boxes within their construction.

2.                  Letter from the Kenilworth Silver Card Association, Inc., inviting the Governing Body to their fund raising dinner on March 10, 2008 at the Garlic Rose Bistro and to participate in their ad journal.

REPORTS

1.      Municipal Court Report for the month of December, 2007.

2.      Kenilworth Board of Education Meeting Minutes of October & November, 2007.

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

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REPORT OF COMMITTEES

Mayor Fiamingo stated TopLine Construction did the road construction last year.� There were complaints regarding buried utility boxes and they have agreed to come back and work on repairing the problems.� She also stated that there is a Resolution on the agenda for the employment of Chapmen. Chapman is a� C-2 Licensed Operator. This is at a savings to the Borough over last year because we are contracting directly with Chapman this year. Also USA Architects are being contracted by the Borough to perform project administration services for the library elevator directly instead of going through PMK Engineers.�

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee continues the budget review process.� They met with six departments on January 15, 2008 and they will conduct the last few departmental budget review meetings tomorrow. After that meeting he will report to Mayor and Council before the next Council Meeting.� Councilman Joho stated that as they continue the budget formulation process they are keeping an eye on the developments in their capital markets, most recently, the bond insurance companies.� There are only eight bond companies and they have encountered financial problems leading to their ratings being downgraded by the major rating agencies.� He explained that� this means that when Municipalities bring bonds to market it may cost them a higher interest rate or hamper their ability to finance their Capital Projects.� This would happen if the insurance companies are no longer available to insure� bonds from default or if the municipal bond market becomes frozen as was witnessed in the past.� He stated the Borough is heading into some unchartered waters as this is the first time in history that the bond insurance companies have run into some difficulties.� We also have to keep in mind the health of the overall economy and the real-estate evaluation in our town.� We may, as a Municipality,� face an increase in tax delinquencies or tax appeals, both of which may drain needed cash flow. We are keeping an eye on these developments.� He also stated the State of New Jersey has placed a 4 percent budget spending cap on all municipalities and we need to work within those parameters. There will be more to follow as we work within this challenging environment in forming our 2008 Budget.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has completed the removal leaves at various parks.� She also reminded residents the DPW will be collecting Christmas Trees until the end of January and she asked residents to please remove ornaments/lights from the trees. She stated that Maureen Byrne from the DEP inspected the sanitary sewers and was very pleased with what she saw and how the Borough maintains their record keeping and various programs.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese stated that a member of the Kenilworth Police Department serves as the School Resource Officer pursuant to an agreement with the Kenilworth Board of Education and the Borough of Kenilworth.� Police Chief Dowd requested that the Board of Education compensate the Borough approximately $40,000.00 for the placement of that officer.� He reported that Mr. Vincent Gonnella responded to his request in the affirmative and has requested that the Borough send him an invoice.� Councilman Pugliese stated that at the last� council meeting a Kenilworth resident requested a left hand turning lane or a delayed green light

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be placed at the intersection of 14^th Street and Monroe Avenues in the southbound lane of� 14^th Street. He stated Lt. Grady has looked into the situation and they are seriously taking this into consideration and with a little more research, it will probably will happen in the future.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported that he has met with Rich Malanda and Joe Lima and he anticipates a smooth transition between the new and the old regimes. He spoke with the new Construction Official, Jerry Eger and they are going to be putting together a meeting with Bob Herbert and the other Code Officials to insure that they are all on the same page. The first Planning Board Meeting is tomorrow night and they are hearing five applicants.� It will be the first meeting of the new Planning Board.� The Senior Handyman Program is up and running.� The Handyman has already seen eight or nine seniors and he has just received a few more today.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi reported he attended the Recreation Meeting on January 10^th and they discussed a number of items on the budget.� He stated softball signups will be Saturday, February 2nd between 10:00 am and 12:00 pm and Monday, February 4^th between 7:00 pm and 9:00 pm at the Recreation Center. Residents can also sign up on line.� The� next meeting is scheduled for February 7^th.� Councilman Clementi stated the Fire Department has sent out its annual� fundraiser letters last week and he encouraged residents to participate.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Deluca reported he attended the Library Board Meeting last week and they are starting their Library Needs Assessment List.� He encouraged residents to visit www.kenilworthlibrary.org or call 908-276-2451 and participate in their questionnaire.� The Library is gathering facts from people who visit the library and also for people who do not go to the library, to better serve the residents.

BILLS

Consolidated Bill List appears on the following pages.� (copy attached)

CONSENT AGENDA

Resolutions No. 2 thru 9 are listed on 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.

Councilman DeLuca moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky.� Upon roll call the vote was unanimous.

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ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 2

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

RESOLUTION NO. 3

Be It Hereby Resolved:� That the Borough Clerk be authorized to issue the following����������������� Raffle Licenses:

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����������� ����������� #914� Kenilworth Little League for an Off-Premise Merchandise Raffle on June 14, 2008 at Echo Lake Park, Westfield, NJ.

����������� ����������� #915� St. Theresa�s Home School Association for an Off-Premise 50/50 Raffle on March 1, 2008 at 540 Washington Ave., Kenilworth, NJ

����������� ����������� #916� St. Theresa�s Home School Association for an On-Premise Merchandise Raffle����������� on March 1, 2008 at 540 Washington Ave., Kenilworth, NJ.

#917� St. Theresa�s Home School Association for an On-Premise 50/50 Raffle on March 1, 2008 at 540 Washington Avenue, Kenilworth, NJ.

RESOLUTION NO. 4

Be It Hereby Resolved:�� That Richard LoForte be appointed as Kenilworth�s Representative to the Rahway Valley Sewerage Authority for a five (5) year term from February 1, 2008 to February 1, 2013.

Be It Further Resolved that a certified copy of this Resolution be forwarded to The Secretary of the State of New Jersey with the appropriate filing fee.

RESOLUTION NO. 5

Be It Hereby Resolved:�� That the Borough of Kenilworth enter into a contract with CHAPMAN, INC., P.O. Box 608, 25 W. Highland Avenue, Atlantic Highlands, NJ� 07716-0608, for C-2 Licensed Operator Services (Collection System Operator) as of January 1, 2008, for the year 2008 at a cost of $575 per month.

Be It Hereby Resolved that the Mayor be authorized to sign said contract.

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RESOLUTION NO. 6

Be It Hereby Resolved by the Mayor and� Council of the Borough of Kenilworth, that

WHEREAS, the State of New Jersey has launched its pioneering Public Archives and records Infrastructure Support (Paris) grant program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and

WHEREAS, top priority of the PARIS grants program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities that do not have the resources to create one for themselves; and

WHEREAS, in the 2008-09 grant cycle, priority funding will be given to county projects to perform municipal inventories, needs assessments and strategic plans for all of their municipalities; and

WHEREAS, the Borough of Kenilworth has already collaborated with the County of Union on Shared services project to perform municipal inventories, needs assessments and strategic plans of their municipalities; and

WHEREAS, purging is also a priority of the PARIS grant program, recognizing the need to adhere to the New Jersey Records Retention Schedule; and

WHEREAS,� the Borough of Kenilworth desires to collaborate with the County of Union in the performance of a Municipal Inventory Purging Project; and

WHEREAS, the Borough of Kenilworth is acknowledging that this is a true shared service and the County of Union will be applying for funds to hire staff to accomplish the task of purging records past retention schedules; and

WHEREAS, the Borough of Kenilworth is acknowledging that the County of Union would be both the lead agency and the applicant for such a proposal; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth, that the Borough of Kenilworth does support and commit to cooperation and participation in the PARIS grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.

ADOPTED by the Mayor and Council of the Borough of Kenilworth at a meeting held on January 23, 2008.��

RESOLUTION NO. 7

Be It Hereby Resolved:� That the contract for �Professional Services for the Kenilworth Public Library Elevator� project, awarded to PMK Group on June 14, 2006 by Resolution No. 14, be terminated.

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RESOLUTION NO. 8

Be It Hereby Resolved:�� That the Governing Body of the Borough of Kenilworth award the contract for �Lead and Construction Administration Services for the Kenilworth Library Elevator Project� to USA Architects Planners & Interior Designers, 20 North Doughty Avenue, Somerville, NJ� 08876 at a cost of $19,560.00.

Be It Further Resolved that the Mayor be authorized to sign said contract.

RESOLUTION NO. 9

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Proposed Ordinance No 2008-01 was read for the first reading as follows: (Copy attached)

�������������������������������������������������������������������� 2008-01

AN ORDINANCE TO ADD A CHAPTER 54 ENTITLED �AMERICANS WITH DISABILITIES ACT� TO THE CODE OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo stated this is a first reading of an Ordinance to establish a committee for the administration of the ADA within the Borough.� The second reading will be on February 13, 2007 at which time we will accept public comment.� Copies of the Ordinance are in the back of the room and also at the Clerk�s Office.

RESOLUTION NO. 10

Introduced by� Anthony DeLuca, adoption by same.

Seconded by� Toni Sosnosky and on roll call unanimously carried.

Be It Hereby Resolved:�� That proposed Ordinance No. 2008-01, be and the same is hereby passed on first reading and ordered published for final hearing on February 13, 2008. Upon roll call all in favor

GENERAL BUSINESS

Mayor Fiamingo stated the Silver Card Association is having a dinner honoring former Mayor Gregg David. She added the Silver Card Association has a nice affair every year and it is especially nice that former Mayor David is being recognized by the Association.

Mayor Fiamingo asked Councilman Candarella to make sure the Handyman Applications are at the Senior Building as well as the Clerk�s Office.� She stated that anyone in need of handyman services must fill out an application as there are income limitations.

Mayor Fiamingo reported that Rich Loforte has been appointed as Kenilworth� representative to the Rahway Valley Sewerage Authority.� The prior representative was Tom McHale and then former Mayor David took over for a short time.� She stated this is a very time-consuming job and� Rich has graciously agreed to be our representative. She stated Rich was a good councilman and she knows he will do a good job as our representative.�

Motion was made by Councilman Clementi, seconded by Councilman DeLuca to open the meeting to the public.

MEETING OPENED TO THE PUBLIC

Bob Herbert, 363 Coolidge Drive � Mr. Herbert informed the Mayor and Council the Knights of Columbus is sponsoring a poster contest on Saturday,� January 26, 2008, starting at 10:00 am. at the Kenilworth Inn.� He also reported there are about 25-35 50 gallon drums filled with contaminated water at 40 Lafayette Place. He stated the drums belong to the DEP and they have been sitting there for three years.� He stated it looks pretty shabby around that location because the tenant at that location has a large pile of debris that contains pallets, tires and on

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the other side of the lot is the DEP drums. He asked the Governing Body to get someone out there to pick the drums up.

Mayor Fiamingo asked the Police Chief if he was familiar with the property and he replied yes.

Michael Klein, 282 North 12^th Street �� Mr. Klein stated he represents a group opposing the Union Township Police Gun Range located behind Home Depot in Union.� He stated that for a couple of years they have been negotiating on behalf of residents with the Township of Union.� He stated the Administrator in Union had promised to complete about 10 improvements and �has to date completed only 2 improvements.� He said the concern for Kenilworth is that any stray fire from the range can strike someone within the Borough as far as Orange Avenue. He said the Administrator from Union has put this project on the back burner stating that he does not have enough money in the budget but Mr. Klein stated that if someone�s life is at risk then that should take precedence.� He stated Union�s town attorney was shocked that they did not take this project into consideration. Mr. Klein left a few reports for the Council and stated that if they have any questions, they can contact him at any time.� He said his group totally supports every Police Department in the State and this problem has nothing to do with Police Officers, this problem is with the Union Town Administrator.�

Livio Mancino, 102 North 24^th Street � Mr. Mancino stated to Mayor Fiamingo that when she was a Councilperson he asked her to check to see if there were any funds left in the Capital accounts over the last couple of years.� Mayor Fiamingo answered that it is done by Ordinance when the projects are completed.� She stated it is done periodically and she is not sure if it has been done in the past six months. Mr. Mancino asked the Mayor to check the Ordinances to make sure that any projects that have taken place over the past two years are cleaned up and any and all funds are returned to the Borough�s treasury. He stated he would like to see that done before the new budget is being considered.� He stated he does things for other towns and over the years accounts lay dormant and then they are brought back at a strange time. He asked the Mayor and Council that since this is� a new administration, they look into the situation.� Mr. Mancino stated there is a serious problem on North 24^th Street because when the street was done the drainage was put on the property rather than into the street.� The street was extended and the property improvement was not extended.� He stated he has been requesting someone� come look at the problem last December and to date no one has come.� He also stated if the drainage gets clogged with leaves, the water backs up into the homes.� He stated that since there is a� new Borough Engineer, he should take a ride down 24^th Street between Monroe and Washington and check to see if there are any clean out pits. Mr. Mancino stated the street sweeper is not picking up leaves, it is pushing leaves to the middle of the street. Mr. Mancino stated that if the sweeper is one of the old ones and is not doing its job then they should not be using it. He stated the leaves are left by the sewers and the leaves clog the sewer drains. He asked the DPW Councilwoman to look into the street sweeper. Mr. Mancino asked the Council if they knew how much of the tax dollar went to the Rahway Valley Sewerage Authority this year? Mayor Fiamingo answered in excess of $900,000.00.� Mr. Mancino said no, the tax is 3.56 per hundred. He asked the Mayor how much is for sewers? Mr. Mancino stated the sewer charge is 12 cents and if the Borough pays the million five hundred thousand, it becomes 16 cents. He stated this community is not ready for a change to be made where you bill the residents to try and raise that million five hundred thousand. He strongly recommended that the Borough keep the Rahway Valley Sewage Authority in the tax bill.� He stated it is going to be increased to approximately sixteen or seventeen cents and if you multiply it out it is 12 cents per

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hundred, 1.20 per thousand.� He stated that the Borough would make a drastic mistake by passing an Ordinance to have a separate sewer bill. He stated everyone will be happy if they leave the payment in the tax bill.� He stated that if you do have a reading on separating the sewer bill from the tax bill he will fill the chambers to tell the Council that the separate sewer bill is not necessary. They should make the increase in the tax bill by 4 or 5 cents because that is the most efficient way according to the Tax Assessor, Treasurer and the Rahway Valley Sewerage Authority.�

John Bury,� 417 North 15^th Street � Mr. Bury stated that the Mayor of Clark stated on TV 35 that Kenilworth was going ahead with their plans on the sewer authority.� Mayor Fiamingo stated that the Borough has not brought an Ordinance forward on this and there has been no decision by the Council. Mr. Bury asked if was fair to say the decision would not be made in 2008?� Mayor Fiamingo stated she did not say the decision would not be made in 2008, only that it has not been made as of yet but it could possibly be made in 2008.� Mr. Bury asked when is the budget� going to published and when are the deadlines for the departments?� Mayor Fiamingo stated she does not have the information with her and she referred the question to Councilman Joho. He stated the time frame dictated by the State is that the introduction of the budget would be on March 11, 2008 and it would need to be adopted by April 21, 2008. Mr. Bury asked if the State moved the date and Councilman Joho answered yes they did.� Mr. Bury asked when would the budget be published. Mayor Fiamingo� answered it would have to be introduced by March 11^th so it would be published at that time.� Mr. Bury asked if there was a special meeting to introduce the budget. Mayor Fiamingo answered that at the second reading of the adoption of the budget, people are invited to speak.� She stated it will definitely be published.

Stan Orzeck, 152 Boulevard � Mr. Orzeck asked how the Council stood on the Facilities Committee and do they still have one? Mayor Fiamingo stated as far as she knows it has not met since early last year. Mr. Orzeck asked the Mayor to explain what the Facilities Committee is. Mayor Fiamingo stated the Facilities Committee was a committee established by Mayor David to look at the need for a Police Station. Mr. Orzeck stated he has a moving violation complaint and asked if he could speak to the Commissioner for the Police Department? Councilman Pugliese stated he will speak with Mr. Orzeck after the meeting.

Mr. Mancino stated that he is concerned about what is left in the Capital Account because it will help the tax dollars. He asked what is the Budget Cap for this year? Councilman Joho answered that it is 4% more than the prior budget. Mr. Mancino stated that if you find any funds in that Capital Account it will help.

ADJOURNMENT

There being no further business to come before the Council it was moved by Councilman DeLuca, seconded by Councilman Clementi and carried, that the meeting be adjourned to the call of the chair. All in favor.

8:40 P.M.�������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

����������������������� ����������������������� ����������������������� ����������� ����������� Hedy Lipke, Borough Clerk��