REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MAY 28, 2008.� IT BEING �YOUTH IN GOVERNMENT DAY�, ACTING MAYOR ADRIANNA BELMONTE PRESIDED.

ROLL CALL

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

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

The Salute to the Flag was led by Acting Mayor Belmonte

MINUTES

It was moved by Acting Councilman Joe Casamento, seconded by Acting Councilman Devlin Formey, and carried that the minutes of the Work Session Meeting of May 13, 2008 and the Regular Meeting of May 14, 2008 be dispensed with and approved as submitted. �(Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS-ACTING BOROUGH CLERK LIA EHRL-CORBO:

1.        Letter and Resolution received from the Kenilworth Board of Education approving our request for the use of school grounds for the Fireworks Celebration on June 29, 2008.

2.        Letter from Carol Westervelt reporting on the May 8^th Transportation Advisory Board Meeting and recommending that Council write a letter to the County requesting a presentation at a TAB Meeting of the current status of the railroad project.

REPORTS

1.          Kenilworth Board of Education Meeting Minutes of February & March, 2008.

2.          Rahway Valley Sewerage Authority 2007 Audit Report.

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It was moved by Acting Councilperson Kristine Rivera, seconded by Acting Councilperson Ashley Selby 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

Acting Mayor Adriana Belmonte read the following.

The Centennial Committee purchased 100 new American Flags that lined the Boulevard for Memorial Day.� Thank you to the committee for the flags and to the DPW for hanging them for the holiday.� They look great!

Memorial Day services were held at the Kenilworth Veteran�s Center on Monday, Memorial Day.� Wreaths were presented by the many organizations throughout the Borough in memory of the veterans who have given their lives defending our country.� A large number of people attended the ceremonies and enjoyed the lunch provided by the VFW afterwards.

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The Fire Department also held their annual memorial services in memory of all of their deceased members on May 15^th.� The shield numbers of the late John Scuorzo and Frank Corcione were retired, as was the shield number of Frank Ferrara.� Also, the late Angelo Chicarello, Sr. was inducted as an honorary member.

The annual Independence Day celebration will be held on June 29, 2008, with a rain date of July 6^th.� The fun will begin at 6:30 p.m. with musicians playing patriotic music and vendors selling hot dogs and ice cream.� The fireworks will follow at around 9 PM.� Please come and join us at the Harding School and David Brearley Middle/High School.� We recommend you bring a chair or a blanket.

Tomorrow the Public Safety Building Committee will hear presentations from four architectural firms.� The presentations will begin at 6:00 pm in the meeting room and will be open to the public.� After hearing from the firms, the committee will present two or three firms for consideration by council.

On Friday, May 30, 2008 at 7:00 PM, the Historical Society is hosting a Kenilworth History Celebration at the Kenilworth Senior Center on the Boulevard.� The Kenilworth Historical Players will premier a theatrical performance of �The Night Jimmy Doolittle dropped in on Kenilworth�.�� The Historical Society will also preview the Culinary Kenilworth Cookbook which was produced in cooperation with the David Brearley High School.� Admission is free.

DEPARTMENT OF FINANCE

Acting Councilperson Kristine Rivera read the following:

As reported recently, Governor Corzine has made a new proposal to the State Legislature to revise the property tax aid reductions to municipalities with less than 10,000 people, originally proposed in the State�s Fiscal Year 2009 budget.� Initially, Kenilworth was slated to lose over $371,000 in State Aid.� It appears from this latest proposal that the cut will be reduced by $64,788 allowing for aid to Kenilworth in the amount of $297,990.� This still leaves the Borough with a loss in State Aid of $306,431 for fiscal year 2008.� Again, this is a new proposed aid schedule adjustment which continues to be subject to change.� Even after this adjustment, tax relief aid falls far short of the promise of significant, sustainable and reliable property tax relief funding as promised just last year by the Governor and State Legislature.

Acting Council person Kristine Rivera clarified a recent issue regarding road improvements � namely the Assessment for Curbs.� The Borough recently notified and billed 262 residents for a backlog of 17 road improvement projects that had been completed between 2004 and 2007.� When a road project is scheduled and bonded, residents are informed of the project.� Historically, those original notices provide an �estimated� cost for curbing based on past projects.� However, once the jobs are completed and signed-off by the engineers, a new letter and bill is sent to the residents with the actual job cost and assessment figures.

Residents are given 30 days to pay the assessment, but are provided two payment options.� They can pay the full assessment within the 30 days from being billed or pay the assessment in equal amounts over five years, again the first payment must be made within the 30 days of being billed.� There is no interest charged when a resident chooses the 5 year payment option.�

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If payment is not received within 30 days, the full amount of the assessment becomes due.� This is neither a new policy nor a change to the long standing policy for billing curb assessments.� The cost incurred for the curb improvement are the costs billed.� Residents are billed by the linear foot, based on their property�s frontage.

DEPARTMENT OF PUBLIC WORKS

Acting Councilperson Brianne Gorombey read the following:

The men have been working on curbside brush removal, cleaning sewer lines, repairing potholes and landscaping Borough parks and properties. Regarding recycling, the 2007 Tonnage Report sent to the State shows total recycling tonnage of 7,682.74 tons.� This is an increase of 1,227.19 tons from 2006.� An inspection report on the three parks lists items to be addressed, most of which can be done by the Public Works Department.

DEPARTMENT OF PUBLIC SAFETY

Acting Councilperson Adrianna Belmonte read the following report:

I am pleased to report that the Kenilworth Police Department is one of seven towns in Union County that is participating in a Bicycle Helmet Safety Reward Program.� This program rewards bicyclists under the age of 17 who are riding with a helmet, by providing them with a �ticket� that is good for a free slice of pizza at Greco Roma Pizzeria, located at 615� Boulevard.� Acting Councilperson Adrianna Belmonte thanked Greco Roma owners Mario and Alex for their generosity in sponsoring this event locally.� The Annual Say No To Drugs Fishing Derby is being held again this year at Shallcross Pond in Black Brook Park on Saturday, June 7^th.� It is open to Borough youths only between the ages of 3 and 12.� This event is sponsored by the Kenilworth P.B.A., in conjunction with the Kenilworth Municipal Alliance.� Registration begins at 7:30 that morning with fishing starting at 8:00.� Refreshments and bait will be available.� Registration forms will be available at Police Headquarters the week before the derby.

Early in May the Police Department and PBA, along with Chief Dowd organized an effort to send various snacks, lotion and other desert necessities to Marine Zagorskas, a Kenilworth resident.� In response the Police Department� received the following letter from his parents thanking the Police Department:

Heartfelt thanks for the most wonderful job you coordinated for collecting the needed items for Sgt. Joseph and his Platoon.� 310 Marines in Iraq will be smiling upon opening packages from Kenilworth .� The outpouring of support from the Kenilworth Police Department, it�s residents and merchants was just overwhelming.� A simple e-mail turned into a project that benefited a home town marine and his comrades.� Taking the extra time to follow through with a request from our son for help is the reason Kenilworth has been and always will be the great Borough we know and love.� We are proud of our son and all military � most of all we are proud to live in Kenilworth! Signed Barbara & Joseph Zagorskas, Sr.

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Acting Councilperson Devlin Formey read the following report:

Master Plan � As you know we have been working very hard to develop a new Master Plan this year.� A Master Plan is a rather large document that provides a 6 year plan for the future regarding land use and development and re-development.� It also includes a review of all land use ordinances, some will be updated, others changed and still others will be developed based on the states land use guidelines.� We have received several proposals and are awaiting several others.� The Planning Board Committee reviews the proposals and meets with that firm to ask questions regarding their proposal.� We are awaiting several more proposals and will report back next month on further progress.� On the Construction Department, we have reviewed the monthly reports from the construction department and all is in order.� The Planning Board has revised the fee schedule and the new schedule is being reviewed by our Borough professionals. The Senior Citizen Handyman Program is doing well; we received 4 more applications this week.� Our Handyman is receiving requests for some big jobs, he is a handyman, please do not ask him to renovate your home.� There have been several seniors who have proposed �laundry lists� of requested work, therefore I have asked John to ask the seniors to prioritize their list, it would be unfair for him to spend too much time on any one person�s home and not provide any service to others. The Councilman thanked Schering-Plough for the Welcome Neighbor Dinner. They met with their public relations people, site engineers and HR people.� They have been great neighbors and very generous neighbors, not only to the Borough but to many organizations in Kenilworth.� As a Councilperson and resident he thanked Schering-Plough for their many donations and services that they have provided this year and in previous years to our Borough.� The food was good and the cappuccino mouse was great.

DEPARTMENT OF RECREATION AND FIRE

The Recreation Department has planned the following events for the summer season.� Today was the trip to Land of Make Believe, about 90 people attended.� June 6^th is Outdoor Movie Night to be held at David Brearley H.S. football field.� The movie to be shown is �Bee Movie�.� The concession stand will be open for refreshments.� This will be a fun night and we are hoping for a great turnout.� Please pass the work on to everyone!� Another event will take place on June 26^th from 7 pm to 9 pm at Kids Village.� This is a new activity center located behind the A&P and is for all kids.� The cost is $7.99 which is a $2.00 savings.� The Summer Parks Program begins on June 23^rd and end on July 25^th.� The hours are 9 AM to 3 PM.� Interviews for counselors will be Saturday, May 31^st from 12 PM to 2 PM.� The program will be held at Harding School.� This is always a popular program and should be well attended.� Swim Night is scheduled for July 16^th and the rain date is July 17^th.� This is another very popular event and is always a lot of fun! The Recreation Department is also considering a possible group trip to Keansburg Water Park in the summer.� As you can see the Recreation Department is a dedicated group of people working hard to bring fun and exciting programs for everyone!

During the month of April 2008, the Fire Department responded to 36 fire calls; traveling 296 miles, utilized 392 man-hours.� Additionally the Fire Department utilized 218 man-hours for training, drills and work details.� The Rescue Squad responded to 82 EMS calls, traveled 668

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miles, utilized 310 man-hours.� Additionally the Rescue Squad utilized 52 man-hours for training, drills and work details. Total calls for Fire Department & Rescue Squad is 128.� Total emergency man hours was 702.� Total miles traveled was 964. The grand total man-hours was 972.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Acting Councilperson Joe Casamento read the following report:

Kenilworth Library will begin construction shortly on the Elevator Project.� While there should be no disruption of services, some spaces on 22^nd Street may be affected.� The Kenilworth Library will be hosting �The Bard On The Boulevard� on June 26^th, July 17^th and August 14^th by the Hudson Shakespeare Company.� All performances will begin at 7:30 pm at the David Brearley High School Football Field.� Please note, audience members must provide their own lawn chairs or other outdoor seating.� In the even of rain, performances will be at the Kenilworth Public Library.� Pre-registration is required and can be done by calling the Library at 908-276-2451.� The Library also has a bunch of other events and reading programs for both children and adults throughout the summer.� Check-in online at www.kenilworthlibrary.org or call 908-276-2451 during business hours for questions about specific events or to pre-register.� In the interest of the Board of Health, this coming September will be the annual Health Fair, actual times and dates will be announced as the event gets closer.� The Councilman reminded residents that if they are doing work outside in the summer heat to wear sunscreen and keep hydrated.� Also, residents with dogs should keep in mind that the Borough has an Ordinance for picking up and disposing of waste and to please do so.� Any questions or complaints, please call the Board of Health at 908-276-2740.

ORDINANCES & RESOLUTIONS

BILLS

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

CONSENT AGENDA

Resolutions No.� 1 thru 6 and 8 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.

Resolution No. 7 has been tabled.

Acting Councilperson Kristine Rivera moved that all items under Consent Agenda be approved, seconded by Acting Councilperson Devlin Formey. Upon roll call the vote was unanimous.

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RESOLUTION NO. 1

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

RESOLUTION NO. 2

Be It Hereby Resolved:�� That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad members be granted an expense allowance in accordance with the report submitted by Fire Chief Lewis Giordino, in the aggregate amount of $62,469.39.

RESOLUTION NO. 3

WHEREAS, Susan Kotch has served on the Kenilworth Board of Health from June, 2003 to April, 2008 also serving as Board President; and

WHEREAS, Susan Kotch served as President of the Friends of the Kenilworth Public Library from 2001 to 2007; and

WHEREAS, Susan Kotch has devoted countless hours of her time on the Board of Health and the Friends of the Public Library; and

WHEREAS, Susan Kotch is going to be sorely missed for the dedication, energy and intelligence that she gave to her duties.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth honor and commend Susan Kotch for her lasting contributions to the Borough of Kenilworth and wish her good luck in her move to a new community.

RESOLUTION NO. 4

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

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����������� ����������� #929� Kenilworth Historical Society an On-Premise Casino Night on October 3, 2008 at Schering Plough Corporation, 2000 Galloping Hill Rd. Kenilworth, N.J.

RESOLUTION NO. 5

WHEREAS, Governing Bodies are concerned about their ability to manage their employees using methods in the most appropriate and efficient manner possible; and

WHEREAS, Governing bodies further believe that it is an employers� right to hire, promote, transfer, assign or retain employees in positions deemed necessary and appropriate; and

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WHEREAS, senate Bill No. 1137 would re-define the New Jersey Public Employment Relations Commission (PERC) law by adding� new mandatory subjects of collective bargaining and issues that have been historically non-negotiable would become negotiable; and

WHEREAS, S-1137 will diminish the authority of municipalities over their day to day operations and severely impair the ability to manage personnel in an effective manner; and

WHEREAS, these changes are imposed on governing bodies while under severe financial stress and the State announced plans to substantially reduce or eliminate State Aid to many municipalities; and

WHEREAS, S-1137 would increase the time and cost of negotiations which costs ultimately falls on our beleaguered property taxpayers.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth adamantly oppose adoption of S-1137 which impinges on local management prerogatives, would potentially result in protracted costly negotiations and advances encroachments by public unions.

BE IT FURTHER RESOLVED, a certified copy of this resolution is hereby forwarded to Governor Jon Corzine, Senator Raymond Lesniak, Assemblyman Joseph Cryan and Assemblyman Neil Cohen and the NJ League of Municipalities.

RESOLUTION NO. 6

WHEREAS, Luis and Maria Canico are the owners of Block 17, lot 24, 514 Sheridan Avenue, 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

����������� 17������������������� ��������� 24� ����� ��������Luis and Maria Canico�������������� ��� ����������� $� 1,268.33

����������������������������������� ����������������������� ������� 514 Sheridan Avenue

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

RESOLUTION NO. 8

WHEREAS,� students of both grade schools in the Borough of Kenilworth have spent a full day actively participating in the local government of the municipality in all its branches; and

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WHEREAS,� this program has furthered good citizenship and has enlightened the participating students in the actual workings of municipal government and the respective duties and responsibilities of municipal officials, employees and bodies, in a manner that should leave a lasting impression upon them because of their personal participation; and

WHEREAS,� the Governing Body of the Borough of Kenilworth has welcomed and enjoyed the experience of this so-called �Youth In Government Day� as a means of an education in municipal government and in the furtherance of good citizenship of the men and women of tomorrow whose place it will be to carry on our local government in a free society;

NOW, THEREFORE, BE IT RESOLVED� that this Governing Body go on record as favoring the continued participation of the youth of our municipality in the local government and in their�

continued interest therein and that the participants and the participating schools be commended for their efforts in bringing about this program for the benefit of the young people in our municipality.

RESOLUTION NO. 9

Introduced by Anthony DeLuca, who also moved its adoption

Seconded by Brian Joho

A Resolution authorizing Mayor to execute Quitclaim Deed.

WHEREAS, the Cynthia L. Glazer a/k/a/ Cynthia L. Glazier by and through her attorney Joseph Triarsi, expressed a desire to confirm that she as the adjoining property owner is entitled to a portion of the real property vacated by the Borough.

NOW, THEREFORE, BE IT RESOLVED on this 28^th day of May, 2008 that the Borough of Kenilworth by its Council; that the Mayor and the Borough Clerk are authorized to execute a Quitclaim Deed as prepared by Joseph J. Triarsi, Esq. with the legal description of said property as prepared by Guarriello and Dec Associates, LLC describing said property along with a Seller�s Residency Certification and Affidavit of Consideration for the benefit of Cynthia L. Glazer, and

BE IT FURTHER RESOLVED, that a copy of the resolution be published and posted within the Borough�s Municipal Building.

Roll Call Vote:� Councilman Candarella voted yes, Councilman Clementi voted yes, Councilman Joho voted yes, Councilwoman Sosnosky voted yes. Councilman Pugliese abstained.

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Proposed Ordinance No. 2008-09 was read for the first reading as follows: (Copy attached)

2008-09

AN ORDINANCE APPROPRIATING $ 8,578.00 FROM GENERAL CAPITAL SURPLUS TO UPGRADE THE FUEL SYSTEM AT THE DEPARTMENT OF PUBLIC WORKS YARD.

Mayor Fiamingo stated this is a first reading on an Ordinance that appropriates certain monies for the upgrade of the fuel system at the DPW yard.� It is a mandated upgrade that is required by the DEP.� The second reading will be held on June 25, 2008 at which time comments from the public will be welcome.

RESOLUTION NO. 10

Introduced by Brian Joho, who also moved its adoption

Seconded by Lawrence Clementi

Be It Hereby Resolved:�� That proposed Ordinance No. 2008-09, be and the same is hereby passed on first reading and ordered published for the final hearing on June 25, 2008.

Upon roll call, all in favor.

GENERAL BUSINESS�

Acting Councilperson Kristine Rivera stated the Council would like to congratulate the David Brearley High School Concert Band and Choir for both receiving �Superior� scores at the May 17^th Trills and Thrills Festival in Bethesada, Maryland.� Congratulations to all who participated, it is great to see our young adults being recognized for their efforts.

Mayor Fiamingo said the students have done a wonderful job.� She said Adriana Belmonte did a good job as Acting Mayor.� The Mayor said all the students did a wonderful job tonight.� She said the students enjoyed a nice lunch at Schering-Plough this afternoon.

Councilman Joho congratulated the students on a job well done, especially Kristine Rivera who did an excellent job reading the Finance Report which can be challenging.

Motion was made by Acting Councilperson Devlin Formey, seconded by Acting Councilperson Brianne Gorombey to open the meeting to the public.

MEETING OPENED TO THE PUBLIC

Acting Mayor Adriana Belmonte stated the meeting is opened to the public and if anyone wishes speak to please step up, state your name and address for the record.

Maryann Formey asked if the Fishing Derby is open for St. Theresa students.� Mayor Fiamingo asked Officer Woods if St. Theresa�s was allowed at the Fishing Derby. He replied that� he thought they were. The Mayor asked if he can have someone from the Police Department contact St. Theresa�s to let them know that children that attend St. Theresa�s School are welcome at the Fishing Derby.

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Motion was made by Acting Councilperson Kristine Rivera and seconded by Acting Councilperson Joe Casamento� to close the meeting to the public.

PRESENTATION

Mayor Fiamingo presented the gavels to the students.

There being no further business to come before the Council it was moved by Acting Councilperson Brianne Gorombey, seconded by Acting Councilperson Joe Casamento and carried, that the meeting be adjourned to the call of the chair. All in favor.

8:35 P.M.�������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

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