Council Minutes from 5/14/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, MAY 14, 2008.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella,� Lawrence Clementi, Anthony DeLuca, Brian Joho, Toni Sosnosky. Fred Pugliese was absent.�

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 Joho, seconded by Councilman Clementi, and carried that the minutes of the Work Session Meeting of April 22, 2008 and the Regular Meeting of April 23, 2008 and the Special Council Meeting of May 7, 2008 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

PRESENTATION

Mayor Fiamingo and Paulette Drogan presented David Brearley High School Chairperson, Karen DiMario with a check for Project Graduation.� The check is used to sponsor a drug-free, alcohol free event for young adults to participate in the night of� High School Graduation.� The Kenilworth Alliance contributes toward the cost of putting on the event.

HEARING ON 2008 MUNICIPAL BUDGET

Mr. Cerullo, the Borough Auditor reported the State reviewed the Borough�s budget and there was an item the prior auditors left out of the financial statement and since the Borough was at budget cap they had to reduce one item to increase another. Mayor Fiamingo stated this was� a house-keeping item.

Councilman Joho, Chairperson of the Finance Committee stated that according to the newspaper, based on the State Legislatures Budget the State realized an increase of $370 million dollars in revenue through June 2009 which is more than Governor Corzine�s original budget proposal anticipated. He has revised his plan to allow an additional 14.9 million dollars to be distributed to the 363 municipalities with populations under 10,000, which includes Kenilworth.� Under the original State Budget proposal for which we based our work, we had lost $371,209.00 in State Aid.� It looks like we may get some of those funds back, an actual figure has not been revealed.� This is the new news as of yesterday.� The Governor intends to cut State Aid to municipalities with populations fewer then 10,000 residents.� This will happen in a phased-in approach.�

The State of New Jersey has 32 billion dollars of debt, the fourth heaviest debt burdened state in the nation.� The Borough received some good news from the State in regard to the 2004 State Wide Livable Communities Grant intended for the Borough Hall�s expansion project.� The $190,000.00 Grant has been extended through the end of the year.� However, we must show that work has started on this project by years end.� He thanked Nancy Nichols for pursuing this grant extension.� This is a 2004 Grant that was not utilized.� Councilman Joho reiterated some

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of the challenges the Borough faced in creating this budget.� There was a pension increase over last year of $252,000.00, group insurance increase of over $101,000.00, police salary increase of over $143,000.00 which represents the last year of their four-year contract, solid waste disposal cost increase of $39,000.00, RVSA increase of over $165,000.00.� Before the Borough even got started working on the budget we faced increases of over $700,000.00 in just those aforementioned items.� Coupled with the loss of the State Aid and State mandatory spending caps we were left with very little discretionary spending flexibility.� We had asked the Department Heads to reduce their proposed budgets by 10% after initial review.� If you look at the departments budget line items for other expenses you will find that 17 items increased from the prior year but 23 are less then 2007�s budgeted amount and 8 have no change from the prior year. The budget maintains personnel levels from where they were and has no impact on the quality of municipal services.� We are presenting the budget as the best budget we could generate under the circumstances.

Motion was made by Councilman Clementi, seconded by Councilwoman Sosnosky to open the meeting to the public on the 2008 Municipal Budget.� All in favor.

Mayor Fiamingo asked Jim Cerullo if he wanted to comment on the budget. Mr. Cerullo stated that Councilman Joho covered everything.

Livio Mancino, 102 North 24^th Street � Mr. Mancino asked Councilman Joho how much the allowable cap is for this year? Councilman Joho responded there are actually two caps, a tax levy cap which is 4% and a spending cap which is 3 � %, both caps are subject to certain exceptions.� The spending cap for the Borough is approximately $37.00 and the tax levy cap is $77.00. Mr. Mancino asked if the Borough is increasing their budget by $978,000.00 from the previous year.� Mr. Cerullo stated that is correct, the tax levy is going up $978,000.00.� The actual budget is going up approximately $650,000.00. Mr. Mancino asked how much a point in value is for the budget.� Mr. Cerullo responded that for every $88,000.00 the Borough has to raise in taxes equates to one tax point. Mr. Mancino said we are approximately 11 point increase this year? Mr. Cerullo stated that is correct. Mr. Mancino asked why the Borough increased the capital expenditure from � million dollars to one million dollars? Councilman Joho responded the expenditures were road improvements.� Currently to pave and curb an average size street is about $250,000.00. Obviously as you can see with just $250,000.00 doing one street, we needed to reserve capital funds for that.� Currently we are still in discussions on the Capital Budget but doing just two streets would be over $500,000.00. Mr. Mancino said when times are bad you should slow up and when times are good, you proceed ahead.� It sounds like times are bad and you are proceeding ahead.� Councilman Joho responded by stating the Borough is slowing down by proposing to do two streets at least but there are other items that need capital funds, one of those items being remediation of the DPW yard, computer equipment for this building and throughout the Borough, potentially a sanitation truck, the last thing we want is garbage on everyone�s front yard that we cannot pick up and funds for the public safety building for which we have a grant which must be utilized before we lose $190,000.00, which is not fiscally sound business.� We do have a number of items we have to address and some things we have to hold back on because these are bad times and we also have to adhere to a cap. Mr. Mancino stated the Borough allocated $50,000.00 for capital improvement and he asked Councilman Joho what that allows? Councilman Joho responded by stating this allows one million dollars in capital spending.� Mr. Mancino stated last year we only did one half million?� Mayor Fiamingo said it was around $900,000.00 last year. Mr. Cerullo stated the amount of bond ordinances that the Borough adopted in the 2007 totaled 1,900,000.00 which

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utilized $83,585.00 in capital improvements.�� They had $64,000.00 in the 2007 budget and they had unused money from the others to account for that.� Last year they did almost 2 million dollars worth of projects and this year they are only planning on doing about 1 million.� Mr. Mancino asked how much interest was earned on the money we keep in the local banks? Nancy Nichols answered about $250,000.00.� He asked what is the anticipated earnings for this year?� Mr. Cerullo stated the Borough has never anticipated interest on investments as an item in the budget, it has always gone to miscellaneous revenue not anticipated since it is always subject to fluxuation depending on the Borough�s cash position.� He said it has been like that from 1988 thru 2004 when he was the Borough Auditor and all the years prior to that.� It has always been part of the miscellaneous revenue and whatever that number has been has been returned to the surplus of the Borough and it has been part of the surplus that has been appropriated the subsequent years.� Mr. Mancino stated the Borough does not consider that money and it ends up in the surplus account along with all the other line items that the Borough may not use. He asked if that money gets transferred to augment any of the departments that may fall short? Mr. Cerullo stated that the money you are allowed to transfer is not from the revenues, if you have a line item appropriation where there is excess funds and some other account may be short, the State allows you between November and December to transfer from one account to another depending where it is located in the budget.� There are certain accounts that have restrictions but if you have an excess in a salary line item and you have a shortfall in another expense line item you can transfer from one to another.� Mayor Fiamingo stated that to do what Mr. Mancino is suggesting would be to increase the budget, if you were to take an item out of revenue and put it into a spending, that would increase your spending budget.� Mr. Mancino stated if you anticipate $200,000.00 in interest from the investment of cash, then you get $350,000.00 from all building developments, etc. the assessments, that could work out to $500,000.00 and you do not give any of that to the County, School, the Borough keeps it all.� His concern is that he is not getting an accounting of what these revenues are and how they come in and what it is by the end of the year.� He requested the administration tell the residents quarterly because at the end of the year if you have no monies you have already expended that.� Mayor Fiamingo said that is wrong the only money we expend are those in the budget, we cannot take money that is not in the budget and spend them.� She said all money is accounted for and there is an audit at the end of the year.� Mr. Mancino stated the money go into surplus and at the end of the year the Borough uses that to reduce the surplus.� Mayor Fiamingo asked Mr. Cerullo if he said that at the end of the year we use it to reduce the surplus? He said no.� The Mayor said it goes into surplus and is used the next year. Mr. Mancino said he would like to know the amount at the end of the year that goes into the surplus account, how much ended up in the surplus account? Mr. Cerullo stated at the end of 2006 the Borough had 2.3 million in surplus and in 2007 the Borough had 2.4 million in surplus of which they have utilized 1,521,000.00 in the 2008 budget versus utilizing 1,340,000.00 in the 2007 budget.� Mr. Mancino is concerned that the surplus is high and would like to know what the Borough is required to have in surplus.� Mr. Cerullo responded there is no State requirement for the dollar amount in surplus, it varies by municipality because there are different items that go into making up surplus.� The surplus from 2002 to 2007 is roughly in the neighborhood of� what he just stated and the Borough will utilize about the same amount percentage wise from about 50% to 62% each year.� If the Borough does not regenerate it then they are not able to put it back, fortunately for the past 5 years the Borough has been able to generate that dollar amount and be able to use money to support it.� If there is a year it is not generated, then a lesser amount gets put back in the surplus. He projected the amount of surplus next year will probably be � million dollars less, if not more.� Mr. Mancino said the Borough anticipates 4,268,000.00 which is an increase of $157,000.00

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and he asked Mr. Cerullo to expand on why he anticipates more?� Mr. Cerullo said the State Law allows you to anticipate up to an amount you realize in cash in the prior year and in the process of doing the budget this year and to provide the services with all the increases and expenditures that were beyond the Borough�s control and to get under the tax levy cap the Borough maximized as much as possible.� The revenues that we are allowed to use are all in surplus and that is why the Borough is only $77.00 under the tax levy cap. By doing that there will probably be less excess in those line items to be returned to surplus.� Mr. Mancino asked why the engineering cost last year was $55,000.00 and this year it is $108,000.00?� Councilman Joho stated this year we have a new engineer.� Last week we had a special meeting regarding engineering road projects in regards to curb assessment.� The majority of people that had road improvement work complained about the roads not being supervised correctly and we think our new engineering firm will do 100% better than that. If we can monitor the jobs that are being done and do those jobs efficiently and we are getting our money�s worth.� This is part of the reason we are not hiring back the prior engineer. Mr. Mancino stated that in bad times we are spending $53,000.00 more to make sure we are doing quality work on two streets?� Councilman Joho stated there are other projects the engineer is involved in besides roadwork.� The engineer is currently working on the 2007 road work that was not completed satisfactorily so they can go to bid and we are getting our money�s worth out of the engineer.� He is continuing to work and get projects that have been long delayed on the road again. Mr. Mancino stated that jobs that were not done properly in the prior years, each engineer had an policy that protects them and if they did not do the quality work then we instruct our attorney to start litigation against them because it is costing the taxpayers and they should be held accountable.� We should not just bring in a new engineer for more money and bill the taxpayers. Mr. Mancino asked why did the Borough increase the insurance estimate by $25,000.00 from last year $313,000.00. He said last year the Borough had great records for their claims. Mayor Fiamingo asked which insurance line item he is speaking about. He said property and casualty.� Mayor Fiamingo said that was the estimate they received from the JIF and whatever the premium cost was, that is what we increased the budget.� Mr. Mancino stated the Borough has a new agent. The Mayor responded by saying the cost� does not have anything to do with the agent, the JIF bills the Borough for that fee. Mr. Mancino said the agents fee is in that amount.� Mr. Mancino asked if the Borough has settled the DPW contract and have we made anticipated provisions for their contract.� Mayor Fiamingo stated yes they have made anticipated provisions for contracts.� Councilman Joho stated they have estimated the salaries and wages in the budget. The DPW contract which expires at the end of 2007 is currently under negotiation, the Police Department contract ends the end of this year and we will begin negotiating that in June.� Mr. Mancino asked if the original bill for RVSA was $1,400,000.00 and they gave us back $371,000.00?� Councilman Joho said yes that was correct we did get money back from last year. Mayor Fiamingo stated the amount that is on the budget is the amount that has been billed subject to their reduction of the credit they gave us.� Mayor Fiamingo said that next year the RVSA bill is going to be sticker shock because we will get the $300,000.00 bill plus an adjustment increase.� Mr. Mancino said he hopes the person representing the Borough will go to RVSA and plead the Borough�s case.� The RVSA is doing a lot of expanding and they cannot keep dipping into the taxpayers.� Mr. Mancino said he did not know what the Council�s anticipation is for the new building because in the last five months he has not seen anything relative to a new Police Station which is mandated.� He urged the Council to review the line items and control them.

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John Bury, 417 North 15^th Street � Mr. Bury said this is the first he has heard of the grant for the public safety building and is it true if we don�t use it we will lose it? Mayor Fiamingo said there was a grant allowed for $190,000.00 in 2004 and it has been extended thru the end of 2008.� We have to start spending it, we do not have to spend it all but we have to show progress toward construction so that they will allow us to continue that grant. Mr. Bury asked if there was a time limit?� The Mayor responded not exactly but the DCA said if the Borough begins drawing down on the grant they will look favorably towards extending it further.� She said there is no way the building will be completed but that will be the first money drawn down.� Mr. Bury asked if the RVSA is outside the CAP or inside?� Mr. Cerullo responded by saying it is outside the spending cap.� He said the pension cost and the increase from 2007 & 2008, which total about $252,000.00, is outside the tax levy cap. The increase in the total amount in the pension increase and the RVSA bill is outside the percentage increase on the spending cap.� The RVSA is outside the spending cap. Mr. Bury asked if RVSA was giving us a $300,000.00 break this year? Mayor Fiamingo stated the RVSA sent us information earlier this year saying they had a mass surplus and they returned that surplus to the member municipalities by way of a credit against what the bill was supposed to be for this year.� She said instead of getting a bill for 1.4 we got a bill for 1.1.� He asked if next year the bill will be 1.4 plus with the increase? Mayor responded yes that is what they anticipate and this has been forecasted because of the capital improvements they were required to make to the plant.

Seeing no one else wishing to speak, a motion was made by Councilman Candarella, seconded by Councilwoman Sosnosky to close the hearing on the 2008 Municipal Budget Hearing.

RESOLUTION NO. 1

Introduced by Brian Joho, who also moved its adoption

Seconded by Sal Candarella

WHEREAS, the local municipal budget for the year 2008 was approved on April 9, 2008; and

WHEREAS, the public hearing on said budget has been held as advertised, and

WHEREAS, it is desired to amend said approved budget,

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the BOROUGH OF KENILWORTH, Union County, that the following amendments to the approved budget of 2008 be made:

Roll Call Vote:� Candarella, yes, Clementi, yes, DeLuca, yes, Joho yes, Sosnosky yes.� Pugliese was absent.

�

COMMUNICATIONS AND PETITIONS

1. Letter from Shirley Boyden Maxwell, President, Kenilworth Historical Society, announcing that the Nitschke House has received a New Jersey Historic Preservation Award and also inviting the Governing Body to their �Kenilworth History Celebration� on May 30^th at 7 P.M. at the Senior Citizen Center.

2. Letter from Stefanie Loneker, 558 Passaic Avenue, requesting permission for a Block Party on Passaic Avenue on Saturday, July 19, 2008.

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3. �The �Union County Heart Walk: will be held on Saturday, May 17^th at Schering-Plough at 8:00 A.M.

REPORTS

1. Police Department Report for the month of April, 2008

2. Construction Department Report for the month of April, 2008.

3. Borough Clerk�s Report for the month of April, 2008.

4. Municipal Court Report for the month of April, 2008.

5. Rahway Valley Sewerage Authority Meeting Minutes of March 20, 2008.

��

It was moved by Councilman Clementi, seconded by Councilman Candarella 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 Fiamingo reported the public safety building committee met on May 5, 2008 to review proposals that were submitted in response to the request for qualifications.� There were 9 submissions and out of those the committee rated the proposals and chose 4 out of the nine.� The ones they chose were BSA&A, Goldstein, EI and KD.� The Committee asked them to do an oral presentation at a meeting to be held May 29^th at 6:00.� This meeting is open to the public.� The Mayor stated in response to comments that were made, in the last five months the Council has proceeded to get the public safety building started in an open manner and are moving along.� We believe our police deserve to have a new building.� The Union County Heart Walk is going to be held at Schering-Plough on Saturday at 8:30 and everyone is invited to attend.� The VFW is having their annual memorial service on May 26, 2008 at the VFW Center at 11:00 and everyone is invited to attend.� They do a very nice service.� The Beautification Committee had a planting on April 27, 2008.� It was a cold, rainy nasty day but there was a good turnout.� The Mayor thanked A&A Landscaping for donating the mulch and Schering-Plough for donating the flowers and also everyone who donated their time and efforts.� The Mayor praised the Police Chief and the Police Department for their recent drive to collect items for the troops in Iraq.� She thanked the residents for their kind response. She thanked Access Storage for donating all the boxes and packing tape and the Centennial Committee who donated money toward the shipping charges.� We had a great response from everyone for a very good cause and the soldiers will be very thankful.

DEPARTMENT OF FINANCE

Councilman Joho reiterated the process to compile the budget extended over 13 weeks.� The Committee met with all the Department Heads to hear their proposed budgets.� They looked at items line by line.� He thanked the Department Heads and especially Nancy Nichols and the accountant for a job well done.

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DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky had nothing to report.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese was absent. Mayor Fiamingo read the April, 2008 Activity Report for the Kenilworth Police Department. There was a total of 64 hours of training during the month on stress management, U-cert and Swat, recognizing mental illness, child exploitation and statement taking.� The Chief is happy to report the capture of the suspect in the armed robbery of the Wachovia Bank.� Detectives who worked on the investigation and arrest are being commended for their performance, work ethic, dedication to duty and persistence with the culmination of the arrest of the suspect, specifically Sgt. Tim Dowd, Detective Fred Soos and Detective Anthony Giacalone are being commended for a job well done.� It is because of team work like this that the Kenilworth Police Department shines and the Chief is very proud to lead such an outstanding group of professionals.� The Chief also reported the New Jersey Division of Highway Traffic Safety has awarded the department a $4,000.00 grant for the enforcement law during its annual �Click It or Ticket� Campaign.� Between May 19^th and June 3^rd the Police Department will have check points set up at various locations throughout town for this purpose and residents should be aware, be advised and wear their seat belts.� The Kenilworth Police Department is happy to announce that it is one of the seven departments in the County participating in a Bicycle Helmet Safety Reward Program.� The program rewards cyclists under the age of 17 for riding with a helmet by providing them with a �ticket� that is good for a free slice of pizza at Greco Roma Pizzeria.� Traffic Lt. Ken Grady is coordinating the program.� The chief thanked Greco Roma for their generosity in sponsoring this event locally. The program will run throughout the summer.�� The Chief also reported Officer Joe Scuorzo recently attended a training course on recognizing mental illness. Officer Scuorzo showed keen interest in the subject according to the instructor and as a result the Prosecutors Office has requested that the officer be utilized in a training video they are making that will show successful police work involving incidents with mentally ill suspects. Permission for that request has been granted.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella reported the monthly Construction Report is in order.� There are three new applications being presented to the Planning Board this month.� There are seven new applicants who have applied for the Senior Handyman Program.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi had nothing to report.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca reported the Library is going to have a book discussion for adults on May 27, 2008 at 7:15 by Jeff Cohen on �Some Like it Hot Butter�.� There are several Bard on the Boulevards coming up, one on June 26, July 17^th and August 14^th.� These are Shakespearian Plays and they will begin 7:30 P.M. at the David Brearley High School Field.� Audiences should

Regular Council Meeting � May 14, 2008�� Page 8

provide their own lawn chairs and in the event of rain the program will be held at the Library.� Councilman DeLuca said that if anyone is interested in the children�s events they can go to www.kenilworthlibrary.org or call (908)276-2451 for information and pre-registration.� He reminded residents that they can go to the library and use the computer if they do not have one at home.� He encouraged residents to also checkout www.kenilworthnnj.com because that site has a lot of events for the middle and high school.� Councilman DeLuca mentioned there is a newspaper going out by the Kenilworth Chamber of Commerce that goes to every resident in Kenilworth.� He said it is a good paper that advertises a lot of local events.� Mayor Fiamingo stated that Mr. Cohen is going to be at the Library.

�

ORDINANCES & RESOLUTIONS

BILLS

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

CONSENT AGENDA

Resolutions No.� 2 thru 13� 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.

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

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:�

WHEREAS, Woodbridge Builders mistakenly submitted two payments for their yearly Fire Inspection; and

WHEREAS, Woodbridge Builders is entitled to a refund of one payment.

NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to:

Woodbridge Builders�� $25.00

624 No. Michigan Avenue

Kenilworth, NJ� 07033

RESOLUTION NO. 4

WHEREAS, the following property was issued a plumbing permit, and fees were received by the Building Department;

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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 $46.00 refunded to contractor:

�� N.J.� Plumbing & Heating, Inc.

�� t/a Chapman Brothers

�� 36 North Avenue East

�� Cranford, NJ� 07016

�� Permit #08-00127

�� R. Sileo

�� 300 North 22^nd St.

�� Block 18, Lot 9

RESOLUTION NO. 5

WHEREAS, Chong On Chan is the owner of Block 159, lot 16.01, 759 Woodland Ave, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, there is a credit on said parcel for the fourth quarter of 2007, and;

NOW THEREFORE BE IT RESOLVED that the Treasurer after proper notation on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.

Block�� Lot�� Payable to:�� Amount

�� 159�� 16.01� ��Chong On Chan�� $�� 687.41

�� 759 Woodland Ave.

�� Kenilworth, NJ�� 07033

RESOLUTION NO. 6

WHEREAS, Tron & My Vi and Kiet & Jessie Vi are the owners of Block 24.01, lot 20, 212 No. 9^th Street, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, there is a credit on said parcel for the fourth quarter of 2007, and;

NOW THEREFORE BE IT RESOLVED that the Treasurer after proper notation on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.

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Block�� Lot�� Payable to:�� Amount

�� 24.01�� 20� �� Tron & My Vi and Kiet & Jessie Vi�� $�� 279.29

�� 212 No. 9^th Street

�� Kenilworth, NJ�� 07033

RESOLUTION NO. 7

WHEREAS, William Trautman is the owner of Block 63, lot 5, 26 Sherwood Road, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, there is a credit on said parcel for the second quarter of 2007, and;

NOW THEREFORE BE IT RESOLVED that the Treasurer after proper notation on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.

Block�� Lot�� Payable to:�� Amount

�� 63�� 5�� William Trautman�� $� 1,332.79

�� 26 Sherwood Road

�� Kenilworth, NJ�� 07033

RESOLUTION NO. 8

WHEREAS, the Borough of New Providence has forwarded to Lucy Voorhoeve, Executive Director of COAH, a succinct and thoughtful analysis concerning the adoption of the Proposed New COAH Rules opposing various subsections of the Administrative Code and the adverse impact it would have on local governments; and

WHEREAS the Council on Affordable Housing has, through their interaction over the past four (4) years, added to the problems as they relate to the new proposed Growth Share Ratios; and

WHEREAS, the Borough of Kenilworth and many other Local governments continue to be stonewalled in receiving their responses to COAH Rules in the past, due to lack of response and input from the powers that be in Trenton; and

WHEREAS, New Providence Borough has reflected their opposition to subsections N.J.A.C. 5:94-3.2(a); 5:94-2.4; 5:94-2.5(b); 5:94-2.4(a); 5:94-2.3(a)7:5:94-8.7.1; 5:94-16.2; 5:94-6.10(b) and 5:94-4.2(a)2; and

NOW, THEREFORE, BE IT RESOLVED that the Borough of Kenilworth strongly supports the opposition set forth by New Providence Borough; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent to Senator Lesniak Assemblyman Neil Cohen, Assemblyman Joseph Cryan, DCA Commissioner Joseph Doria, and the Mayors of Union County.

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RESOLUTION NO. 9

BE IT RESOLVED: That the Governing� Body of the Borough of Kenilworth hereby grants Garden State Fireworks Company permission to provide a public display of fireworks scheduled for June 29, 2008 (rain date July 6, 2008) after proper proof of insurance coverage is provided and upon issuance of the required permit from the Fire Official.

BE IT FURTHER RESOLVED: That the Mayor be authorized to sign the Contract with Garden State Fireworks Company at a cost of $7,000.00 (an extra 15% ($1,125.) if on ran date.)

�� Payment as follows:

�� 50% ($3,500.00) upon signing of contract

�� 50% ($3,500.00)

BE IT FURTHER RESOLVED: That pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certification of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.� The appropriation to be charged for this expenditure is:� Pride in Kenilworth Trust Account.

RESOLUTION NO. 10

WHEREAS, there were 716 motor vehicle fatalities in New Jersey in 2007; and

WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a seat belt; and

WHEREAS, use of a safety belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and

WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by safety belt usage nationally between 1975-2000; and

WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 19 � June 1, 2008 in an effort to raise awareness and increase safety belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the safety belt usage rate in the state from the current level of 91% to 93%; and

WHEREAS, a further increase in safety belt usage in New Jersey will save lives on our roadways;

NOW THEREFORE, BE IT RESOLVED that the Borough of Kenilworth declares it�s support for the Click it or Ticket safety belt mobilization both locally and nationally from May 19 � June 1, 2008 and pledges to increase awareness of the mobilization and

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RESOLUTION NO. 11

Requesting approval of the Director of the Division of Local

Government Services to Establish a Dedicated Trust by Rider

For the Pride in Kenilworth Committee pursuant to NJS 50:27D-119 et seq.

And NJAC 5:23-4.12

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, NJS 50:27D-119 et seq. and NJAC 5:23-4.12 allows municipalities to receive amounts for costs incurred for the Pride in Kenilworth Committee, and

WHEREAS N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey as follows:

1. The Mayor and Council hereby request permission of the Director of the Division of Local Government Services to pay expenditures for the Pride in Kenilworth Committee as per N.J.S.A. 40A:4-39.

2. The municipal clerk of the Borough of Kenilworth is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

RESOLUTION NO. 12

WHEREAS, the public works services provided in our community are an integral part of our citizens� every day lives; and

WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of the public works systems and programs such as water, sewers, streets and highways, public buildings and solid waste collection; and

WHEREAS, the health, safety and comfort of this community greatly depends on the facilities and services; and

WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and

Regular Council Meeting � May 14, 2008�� Page 13

WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people�s attitude and understanding of the importance of the work they perform.

NOW, THEREFORE, I, Kathi Fiamingo, Mayor of the Borough of Kenilworth, do hereby proclaim the week of May 18-24, 2008 as:

�� NATIONAL PUBLIC WORKS WEEK

in the Borough of Kenilworth, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.

RESOLUTION NO. 13

WHEREAS,� Myasthenia Gravis is a neuromuscular disease striking children and adults, affecting control of voluntary muscles and afflicting several hundred of our fellow New Jerseyans; and

WHEREAS, the symptoms of this disorder include, but are not limited to, difficulty moving, breathing, swallowing, speaking and seeing; and

WHEREAS,� the Myasthenia Gravis Foundation of America, Inc. is a non-profit organization founded, �to facilitate the timely diagnosis and optimal core of individuals affected by myasthenia gravis and closely related disorders, and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy, and patient care�; and

WHEREAS,� Myasthenia Gravis is the most common neuromuscular disorder affecting the residents of New Jersey; and

WHEREAS,� it is fitting to recognize the many physicians who demonstrate an untiring effort to treat this disease and search for a cure;

NOW, THEREFORE, I, MAYOR Kathi Fiamingo, Mayor of the Borough of Kenilworth, do hereby proclaim

�� JUNE 2008

�� as

� MYASTHENIA GRAVIS AWARENESS MONTH

in Kenilworth, New Jersey.

Regular Council Meeting � May 14, 2008�� Page 14

Proposed Ordinance No. 2008-08 was read for the second and final reading as follows: (Copy appears in minutes of April 9, 2008)

2008-08

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

Mayor Fiamingo stated this the second reading for an Ordinance that allows the Borough to exceed the appropriation limits and to establish a cap bank which is all encompassed in our budget that is being proposed for this year. The Mayor asked if anyone wished to comment on this ordinance to please step forward, state their name and address for the record.

Seeing no one, the Mayor closed the hearing on Ordinance 2008-08.

RESOLUTION NO. 14

Introduced by Brian Joho who also moved it�s adoption.

Seconded by Sal Candarella

Be It Hereby Resolved:�� That Proposed Ordinance No 2008-08 be and the same is hereby passed on second and final reading and ordered published according to law.

Upon Roll Call all in favor.

RESOLUTION NO. 15

Introduced by Brian Joho who also moved it�s adoption

Seconded by Sal Candarella

Be It Hereby Resolved:�� That the Borough Council of the Borough of Kenilworth of the County of Union that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of: $9, 592,871.00. This will be sent to the State.

Upon Roll Call, all in favor.

GENERAL BUSINESS�

Mayor Fiamingo advised that former Mayor William Conrad, who served the municipality from January, 1970 thru 1975, passed away this morning.� She asked for a moment of silence to recognize his passing.� She said Mayor Conrad was personally very helpful to her and also his wife Connie has been a member of the Library Board of Trustees for many years and has very much supported our town.� She announced that Verizon Fios finally has Channel 26 up and running.� They have to work out some bugs and are currently working on some minor problems.� The Mayor advised the County has taken down two trees in front of the Methodist Church.� The trees were in dangerous condition and the County wanted to remove them before they fell and injured a child.� The County was called in response to Councilwoman Sosnosky�s and the

Clerk�s concern about the condition of a tree in front of Borough Hall. The County agreed that the tree needs to be taken down.� The tree will be taken down by the County tomorrow and the

Regular Council Meeting � May 14, 2008�� Page 15

trees will be replaced during planting season next fall.� The next meeting, two weeks from today is the Youth in Government Day.� This is a meeting where the 7^th & 8^th Graders� from Brearley Middle School and St. Theresa�s take the place of the Council Members.� She asked the residents to come up and say nice things and she hopes nothing controversial will transpire on that evening.� This is an opportunity for the children to see how government works and it would be nice for people to attend to support them. Mayor Fiamingo stated that today she did some tapings for CN8 Comcast Newsmakers which will seen on TV around June 4^th.�

MEETING OPENED TO THE PUBLIC

Motion was made by Councilman Joho , seconded by Councilman Candarella to open the meeting to the public. All in favor.

Agnes Hoffman, 515 Monroe Avenue � Mrs. Hoffman asked if the Council would do a cost analysis of brown bags vs the leaf trucks.� She said Roselle and Elizabeth use brown bags. She said that people have been known to put out things other than leaves and the machine picks up other things which causes the leaf machine to break down. The truck also kicks up a lot of dust.� Mrs. Hoffman said she has people throwing papers in her yard and she asked the Mayor if there was an Ordinance in town regarding this situation.� The Mayor said she would look into it.

? 234 Kingston Ave. - Resident� stated papers are always being thrown in his driveway, snow covers them and they damage the snow blower when the get caught. He said he has called the publishers, stopped the cars that are distributing these papers and let them know he does not want these papers and they just keep coming.� He asked the Mayor and Council to please put a stop to this by enforcing the littering law.

Curtis Dick, 133 North 24^th St. � Mr. Dick stated he was following up from two weeks ago. Mayor Fiamingo asked if he filed a complaint?� Mr. Dick stated he filed a complaint and a violation was written by the Zoning Officer that the natural fence along the driveway was 6 ft. high and the maximum amount allowed per 19716B is 4 ft.� He signed the complaint on March 19^th and on March 25^th the Zoning Officer issued a violation to his neighbor telling him he must comply by April 4^th.� On April 1^st Mr. Dick advised his neighbor went in to see the Zoning Officer and that was the end of it.� The Zoning Officer said there was a pre-existing condition but that pre-existing condition did not apply to the Ordinance that Mr. Dick cited in his complaint. Mr. Dick gave the Borough Attorney, Mayor and Council a copy of the paperwork which included a copy of the Ordinance and copies of all the violations that were filed.� Mr. Dick said the Zoning Officer at the time did not address the complaint that he issued, he addressed a completely different violation. The violation that Mr. Dick filed is about� the height of the bushes, not how far away from the street the bushes should be.� The bushes should be 4 ft. and they are at least 6 or 7 ft. high.� The height of the bushes effects his quality of life because he cannot see down the street because of the height of the trees.� Mr. Dick said he came to a meeting a few weeks ago and relayed this to the Mayor and Council and tonight he is seeking an answer.� Mayor Fiamingo stated she does not have an answer but it is her understanding that this is something that has already been addressed and there was a determination made on these bushes.� Mayor Fiamingo asked Mr. Dick if this was an issue between him and his neighbor?� Mr. Dick said that it is an issue between what his neighbor is doing and the Zoning Ordinance. He said it is not a

personal issue because the Ordinance says the bushes should be 4 ft. and they are not.� He said his neighbor has been issued violations twice and nobody has followed up.� The Mayor said the bushes have been there for some time.� Mr. Dick said the bushes have been there

Regular Council Meeting � May 14, 2008�� Page 16

since 2003 but the Ordinance has been in effect since 1992. Mr. Dick stated that if the Zoning Officer and Construction Officials enforce the codes, the Borough would have a little more income.� Mr. Dick said that when he was at a Council Meeting a couple of weeks ago he let the Council know of two driveways that were being put in on the Blvd. and neither one had a construction sticker permit.� He asked if anyone from the Building Department or Zoning Official followed up? The Mayor said they can�t do something about everything, they do the best they can.� She said it is unfortunate that he is having this issue.� Mr. Dick said it is written in the Ordinance and the Borough has Officials to enforce the rules and they don�t.� The Mayor said she will look into it and call Mr. Dick.�

Livio Mancino � Mr. Mancino asked for an advertisement for the insurance and also have you had someone check to see that all our Capital Projects have been expended and all the excess funds have been given back to the Borough.� The Mayor responded absolutely.� Mr. Mancino asked if he could have a list of that.� The Mayor advised Mr. Mancino to complete an OPRA request.� Mr. Mancino said that the Borough should acknowledge Jesse Boyden�s accomplishment. Mr. Mancino stated that according to the budget the Borough is allowing $5,500.00 for the Zoning Officer.� He suggested the Zoning Officers start to issue summonses regarding the newspapers being delivered illegally.� Mr. Mancino asked Councilwoman Sosnosky if the sweeper is out. She responded yes.� He suggested the� Borough should let the people know when the sweeper will be coming around. Mr. Mancino asked if the Borough was a member of the chamber and how much they pay.� The Mayor stated it is about $700.00 and it comes out of the Mayor�s budget.� Mr. Mancino said that the Borough will get nothing out of all the advertisements in the newspaper.� He said the Borough should spend the money in the Leader. The Mayor said the Chamber of Commerce supports the town.� Mr. Mancino suggested joining the Kenilworth Manufacturers because there are 10 dinners, social night and they contribute to the town and they give scholarships to the town.� Mayor Fiamingo stated the Chamber of Commerce also give scholarships to the school for $1,000.00.� Mr. Mancino asked for a copy of the insurance advertisement to solicit a new insurance person for the Borough.� The Mayor said the Borough received proposals but we do not have to advertise.� Mr. Mancino asked Councilman Joho if the new engineers are going to increase the cost of the Belgium block from $14.00 to $21.00.� Mayor Fiamingo stated when the letter went out it stated the cost of the Belgium block recently was $14-$16 per linear ft. The Mayor said that was not what it cost to put them in, the cost was $21.00 per linear ft. She said the people were charged what it cost the Borough to put in the blocks, not what the engineer felt he should charge. Mr. Mancino stated that the bill said if you pay a day late you have to pay the entire amount.� Mayor Fiamingo stated it is correct.� Councilman Joho stated you have the option to pay over five years interest free or the lump sum payment.��

Motion was made by Councilman DeLuca and seconded by Councilman Candarella to close the meeting to the public.

There being no further business to come before the Council it was moved by Councilwoman Sosnosky, seconded by Councilman Joho 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��

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