Council Minutes from 7/9/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JULY 9, 2008.� MAYOR KATHI FIAMINGO PRESIDED.

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

The Salute to the Flag was led by Mayor Fiamingo.

ROLL CALL

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

MINUTES

It was moved by Councilman Pugliese, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of June 24, 2008 and the Regular Meeting of June 25, 2008 and the Special Meeting of June 19, 2008 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from Barbara Morison, President, Senior Citizen Club, thanking Mayor and Council for the Picnic on June 19^th and praising Paulette Drogon for organizing the event.

2. Letter from David Krill, 127 North 21^st St., requesting permission for a Block Party on North 21^st Street on Saturday, August 2, 2008.

3. Letter from �Stop the Gun Dangers in Kenilworth, Union, Springfield & Cranford� asking that action be taken to protect the welfare and safety of the public surrounding the Union Township Weapons Range.

REPORTS

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

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

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

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It was moved by Councilman Joho, seconded by Councilwoman Sosnosky 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 thanked Marie Condo and the Pride in Kenilworth Committee for the fireworks that were held last Sunday. She said the fireworks were great and the music was good.� She also praised Garden State Fireworks for their great display of fireworks.

The Mayor stated the Council discussed the presentations made by the architects for the public Safety Building and they decided on using E I Associates. They have established a committee to begin negotiations so they can get moving on the project.� The committee will be meeting with EI Associates in the near future.

Council Meeting Minutes � July 9, 2008�� Page 2

The Mayor mentioned there is a resolution on the agenda this evening rejecting the 2007 Road Improvement Project bids.� She said all the bids came in higher then they anticipated in their Bond Ordinance.� They are going to renegotiate with all interested parties to see if they can get down to a number that will work for the Borough. She said she wants to get the project started, done and over with as soon as possible. She said the reason the projects came in a lot higher then they anticipated was because the cost of asphalt has gone up 79% in the past year.� She said it has been a strain to try and bid projects that had been estimated last year to come in under budget.� She said our engineers will work with the bidders and try to get to the right number.� They will try to do this within the next week or two.

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DEPARTMENT OF FINANCE

Councilman Joho reported the State passed it�s budget on June 30, 2008 and within that budget the Municipal Property Tax Relief Funding adjustments demonstrated a realization by the Governor and the Legislatures that the original proposed slashing of municipal relief funding was unwise, unfair and unreasonable.� There is a restoration of State Aid to Kenilworth of $136,000.00 which should be about a 1.5 point reduction realized in taxes.� The State�s Local Government Services Department had a study and the cost of operating municipalities in New Jersey increased 6% last year.� One of the statements from the League of Municipalities was that obviously the formulas that the State uses should also coincide with the constant increase that we realize as a Municipality just as residents realize that the cost of living increases.�

Mayor Fiamingo added the budget has already been passed without taking into account the additional State Aid because it was passed before they restored the aid.� The Borough has to wait for Trenton to give us advice as to how to� handle the state aid.� She said she believes they want to give it back as tax relief and herself and the Council believe this would reduce the tax burden by a point and half.

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DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW received 100 yards of certified playground mulch and they will start to distribute it throughout the parks next week.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that Tuesday, August 5^th will be National Night Out.� This is a national event where residents get together in their own neighborhoods and blocks to formally meet and exchange crime prevention ideas.� If anyone is interested in hosting a block party or becoming a Block Captain they can call Detective Jim Grady at 908-276-1700.� He stated part of the Block Captain responsibilities are meeting quarterly with members of the Police Department to discuss crime prevention ideas. He said the Mayor, himself and the Police Chief will be traveling around that night and visiting the Block Parties that have registered. This event is for the betterment of the community and for crime prevention.�

Councilman Pugliese congratulated Debra Weiss for receiving her certification as a Deputy Court Administrator.� He said that as part of her assignment she created a link on the Kenilworth Website for the Court.� She listed all the violations and statues and also a Frequently Asked

Council Meeting Minutes � July 9, 2008�� Page 3

Questions section.�� He said he visited the web site and it is very informative and if anyone is interested they can go on www.kenilworthnj.org and access the Court information.

Mayor Fiamingo stated that National Night Out is a good opportunity to get together with your neighbors.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella was absent.� Mayor Fiamingo reported they received a draft of a request for proposal for a planner for the Master Plan.� They are going to review it and act on it as soon as possible.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi reported the Recreation Summer Parks Program is in full swing and is having good turnouts.� It is open for grades 1-6 from 9:00 a. to 2:00 pm and the program ends on July 25^th.� He said Family Swim Night is at 8:00 next Wednesday, July 16^th at the Orange Avenue Cranford Pool. This event is free to Kenilworth residents and the rain date is July 17^th.

The Councilman stated that Fire Chief Giordino reported there were no problems at the fireworks last Sunday. He said the Chief also praised Garden State Fireworks for their professionalism.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca stated the Library had their Needs Assessment Meeting today.� They met with seniors, grade school kids and community leaders and they came up with a total package that will give them an idea of what is needed to bring our library up to the 22^nd Century.� They found out the library is deficient in size and technology among other things but he will go into the �other things�� in� detail at the next meeting.� He said for events being held this summer for kids and adults residents can call the Library at 908-276-2451 or go on www.kenilworthnj.org.� Bard on the Boulevard will be on July 17^th at 7:30 at the high school field. Councilman DeLuca wished everyone a safe and happy summer and to wear sun screen, drink plenty of water and keep on eye on elderly neighbors.

ORDINANCES & RESOLUTIONS

BILLS

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

CONSENT AGENDA

Resolutions No.� 1 thru 12� 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 Pugliese moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky.�� Upon roll call the vote was unanimous.

Council Meeting Minutes � July 9, 2008�� Page 4

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 Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on August 27, 2008.

RESOLUTION NO. 3

WHEREAS, The Borough Council of the Borough of Kenilworth, County of Union, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and;

WHEREAS,� the Borough Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,

WHEREAS, the Borough has applied for funding to the Governor�s Council on Alcoholism and Drug Abuse through the County of Union;

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth, County of Union, State of New Jersey hereby recognizes the following:

1. The Borough Council does hereby authorize submission of an application for the Kenilworth Municipal Alliance grant for calendar year 2009-11 in the amount to be determined by Request for Application (RFA) Process.

2. The Borough Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the required amounts of 25% Cash and 75% In-kind matches, and the administrative compliance and audit requirements.

RESOLUTION NO. 4

WHEREAS, the Pride in Kenilworth Committee is planning to hold an event on the Boulevard in 2008; and

WHEREAS, the Governing Body of the Borough of Kenilworth and Kenilworth Police Chief William Dowd have approved this event which will necessitate the closing of the Boulevard as follows:

Council Meeting Minutes � July 9, 2008�� Page 5

�� Closing of the Boulevard from 23^rd Street to 18^th Street on Sunday, October 12, 2008 (Rain Date:� Sunday, October 19, 2008) from 8:00 A.M. to 8:00 P.M. for the Annual Kenilworth Octoberfest Street Fair.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth request the approval of the Union County Board of Chosen Freeholders for the closing of the Boulevard for the above event.

RESOLUTION NO. 5

WHEREAS, First American Real Estate Tax Services is responsible for paying taxes on the below listed properties, and;

WHEREAS, there are credits on said parcels for the second quarter of 2008,

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 to First American Real Estate Tax Service for the below stated properties:

Block�� Lot�� Payable to:�� Amount

�� 92�� 29� �� First American R.E.T.S. for:�� $� 1,772.37

�� Tegano, Charles

�� 101 Park Drive

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132�� 14�� First American R.E.T.S. for:�� $� 1,343.27

�� Burns, Christopher & Nicole

�� 719 Richfield Ave.

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112�� 14.02�� First American R.E.T.S. for:�� $� 1,926.04

�� Salloum, Dolores

�� 23 So. 18^th Street

151�� 21�� First American R.E.T.S. for:�� $� 1,293.71

�� Kurzman, William Sr.

�� 686 Trenton Ave.

RESOLUTION NO. 6

WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Distribution License Number 2008-33-013-010, heretofore issued to 572 Holding Company t/a Tosca for premises located at 512 Boulevard, Kenilworth, New Jersey;

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term;

Council Meeting Minutes � July 9, 2008�� Page 6

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth does hereby approve, effective July 14, 2008, the transfer of the aforesaid Plenary Retail Distribution License to Butternut Caf�, LLC, and does hereby direct the Borough Clerk to endorse the license certificate to the new ownership as follows:� �This license, subject to all its terms and conditions, is hereby transferred to Butternut Caf�, 572 Boulevard, Kenilworth, NJ, effective July 14, 2008.

RESOLUTION NO. 7

Capital Budget Amendment (Copy Attached)

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RESOLUTION NO. 8

WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for the �2007 Curb Replacement Program�, and Star of Sea Concrete Corp., 448 Marlboro Road, Old Bridge, NJ� 08857, having submitted a bid as follows:

�� TOTAL BID:�� $88,455.00

NOW, THEREFORE, BE IT RESOLVED that the contract for 2007 Curb Replacement Program is awarded to Star of Sea Concrete Corp. and the Borough Attorney is authorized to draw up the necessary contract and the Mayor and Borough Clerk are authorized to sign and contract.

BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Finance Officer of the Borough of Kenilworth.

RESOLUTION NO. 9

Be It Hereby Resolved:�� That the Borough of Kenilworth awards the following contract based on the award of bid by the Union County Cooperative Pricing System: (UC Cooperative Pricing Systems Number �UCCP48-2008�)

�� ROAD SWEEPINGS � Total Center Maintenance, Inc.

�� 511 Neck Road

�� Burlington, NJ� 08016

Be If Further Resolved that pursuant to N.J.A.C. 5:34-5.1 et seq., Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.� The appropriation to be charged for this Expenditure is:� Various Operating � Other Expenses.

Council Meeting Minutes � July 9, 2008�� Page 7

RESOLUTION NO. 10

WHEREAS, the Borough of Kenilworth on December 18, 2007 resolved to award a contract for a 2000 GPM Triple Combination Rescue Pumper & Related Equipment to Campbell Supply Co., LLC., 145 Talmadge Road, Suite 8, Edison, New Jersey� 08818-0266, at a cost of $630,778.00; and

WHEREAS, the specified equipment was manufactured by a company that has filed for protection under the United States Bankruptcy Code and is currently under its third reorganization; and

WHEREAS, Campbell Supply Co., LLC cannot fully warrant the specified pumper and equipment, if the manufacturer should fail to come out of bankruptcy; and

WHEREAS, on July 8, 2008 Scott Campbell, president of Campbell Supply Co., LLC, confirmed that his intent not to hold the Borough of Kenilworth to any contractual obligation with regard to the December 18, 2007 Resolution.

NOW, THEREFORE, BE IT RESOLVED that the Borough rescinds the Resolution to contract for the 2000 GPM Triple Combination Rescue Pumper and Related Equipment from Campbell Supply Co., LLC., at a cost of $630,778.00; and

IT IS FURTHER RESOLVED, that the Borough of Kenilworth ratifies the request for bids to supply the Borough of Kenilworth with an alternate fire truck and related equipment which should be delivered before the end of the calendar year; and

IT IS FURTHER RESOLVED, that the replacement fire truck and related equipment cost to the Borough may not exceed the amount allocated to the prior bid.

RESOLUTION NO. 11

URGE THAT CERTAIN UNION COUNTY FREEHOLDERS BE ELECTED BY DISTRICT

WHEREAS, all County residents deserve a greater voice in the manner by which they are governed; and

WHEREAS, if the County layer of government must remain existent here in New Jersey, then, as a matter of fundamental fairness, a more proportionate distribution of our County Freeholders should be derived so as to better reflect, and daily represent, our County�s diverse population, demographics and needs; and

WHEREAS, at least two of our peer Counties here in New Jersey have commendably already implemented some degree of Freeholder representation �by District� � as opposed to having all of their Freeholders merely serving �At-Large�, and

Council Meeting Minutes � July 9, 2008�� Page 8

WHEREAS, when a Union County Charter Study Commission recommended (and voters then approved) our County Manager form of government, it did not specifically address the Freeholder selection process.

NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR & COUNCIL OF THE BOROUGH OF KENILWORTH, as follows:

1. That the current provision for choosing our Freeholders entirely at large is fundamentally unfair, as it is not sufficiently representative of our County�s diverse population, demographics and needs.

2. That we hereby request that the Union County Board of Chosen Freeholders adopt a resolution to better, i.e., more democratically, �seek the will of the people� by having eight (8) � or, at least four (4) � of the Freeholders henceforward elected by smaller geographic Districts instead of all nine (9) being �At Large�.

3. That this Charter question be placed upon the November 2008 election ballot.

4. That a copy of this resolution be sent to the Union County Board of� Chosen Freeholders and all Union County Municipalities.

Dated:�� June 9, 2008

I, Hedy Lipke, Borough Clerk of the Borough of Kenilworth, do hereby certify that the foregoing resolution was duly adopted by the Governing Body of the Borough at a regular meeting held on Wednesday evening, June 9, 2008.

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�� Borough Clerk

RESOLUTION NO. 12

Be It Hereby Resolved:�� That all bids received on July 9, 2008 for �2007 Roadway Improvements� be rejected as it is in the best interest of the Borough of Kenilworth; and

WHEREAS, this is the second time bids have been rejected, pursuant to N.J.A.C. 40A:11-5(3), the Governing Body hereby authorizes the Mayor, Borough Attorney and Borough Engineer to enter into negotiations with all bidders and to enter into a contract if successful not to exceed $850,000.

Council Meeting Minutes � July 9, 2008�� Page 9

Proposed Ordinance No. 2008-11 was read for the second and final reading as follows: (Copy appears in minutes of June 11, 2008)

2008-11

A BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE 2008 CAPITAL ROAD IMPROVEMENT PROGRAM IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $692,000 TO PAY THE COST THEREOF, TO APPROPRIATE A STATE GRANT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mayor Fiamingo stated this is the second reading for Ordinance 2008-11 and it authorizes the Bond for the Capital Project of 2008 Road Projects. The Mayor stated if anyone is interested in speaking on this ordinance to please step forward, state you name and address for the record.� Seeing no one the Mayor closed the hearing for Ordinance 2008-11.

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RESOLUTION NO. 13

Introduced by� Brian Joho, adoption by same.

Seconded by Toni Sosnosky

Be It Hereby Resolved:�� That Proposed Ordinance 2008-11 be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call all in favor.

Proposed Ordinance No. 2008-12 was read for the second and final reading as follows: (Copy appears in the minutes of June 11, 2008).

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ORDINANCE�� 2008-12

BOND ORDINANCE TO AUTHORIZE THE INSTALLATION OF GRANITE BLOCK CURBING AT NORTH 11^TH STREET (FROM BOULEVARD TO WASHINGTON AVENUE) IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, A LOCAL IMPROVEMENT, TO APPROPRIATE THE SUM OF $43,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mayor Fiamingo stated this is a companion� ordinance� to the 2008 Road Project which allows for the installation of granite block curbing along North 11^th Street.� 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 2008-12.

Council Meeting Minutes � July 9, 2008�� Page 10

RESOLUTION NO. 14

Introduced by Brian Joho, adoption by same.

Seconded by Toni Sosnosky.

Be It Hereby Resolved:�� That Proposed Ordinance 2008-12 be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call, all in favor.

Proposed Ordinance No. 2008-13 was read for the second and final reading as follows: (Copy appears in the minutes of June 11, 2008).

�� 2008-13

AN ORDINANCE AMENDING ORDINANCE NO. 2006-17 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo stated this is an ordinance that amends the salary ordinance which provides for ranges for all non-union employees of the Borough.� The Mayor stated if anyone wished to comment on this ordinance to please step forward, state their name and address for the record.

Bob Beiner, 36 South 24^th Street � Mr. Beiner asked Councilman Joho if the longevity was in addition to the 3 � or 4 /12 percent raise?� Councilman Joho responded yes.� Mr. Beiner asked if some non-union employees would be getting anywhere from 5 � to 13 � % raise? Mayor Fiamingo stated the longevity payment does not go into the salary, it is just a payment.� She said this council did not touch that part of the ordinance, the only part of the ordinance that is being amended today is the ranges for the salary.� Mr. Beiner said that 3 � % seems to be pretty generous when compared to the private sector.� Mr. Beiner asked if there was any consideration to eliminate the longevity raise? Councilman Joho stated that the longevity was eliminated as per Section 6, for any person hired after January 1, 1996.� Mr. Beiner asked how many employees are subject to longevity? Councilman Joho responded he did not know but it is only given in increments, it is not given every year only when they reach the amount of years.� Mrs. Lipke said there are about 15 or 16 non union employees.��

RESOLUTION NO. 15

Introduced by Brian Joho, adoption by same.

Seconded by Toni Sosnosky.

Be It Hereby Resolved:�� That Proposed Ordinance 2008-13 be and the same is hereby passed on second and final reading and ordered published according to law.

Proposed Ordinance No. 2008-14 was read for the first reading as follows: (Copy attached)

�� 2008-14

BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE PRELIMINARY PHASE FOR A PUBLIC BUILDING PROJECT AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND A NEW AUTOMOTIVE VEHICLE,

Council Meeting Minutes � July 9, 2008�� Page 11

INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $307,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mayor Fiamingo stated this is a first reading on the Capital Ordinance for non-road projects for 2008 for equipment and the like and is detailed in the Ordinance.� The second reading will be held on August 27, 2008 at which time the public will have an opportunity to speak.

RESOLUTION NO.

Introduced by� Brian Joho, adoption by same.

Seconded by Fred Pugliese.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2008-14 be and the same is hereby passed on first reading and ordered published for final hearing on August 27, 2008

Upon roll call all in favor.

RESOLUTION NO. 17

Introduced by Brian Joho, adoption by same.

Seconded by Fred Pugliese

Be It Hereby Resolved:�� That all non-union employees of the Borough of Kenilworth received a 3 �% salary increase for year 2008 retroactive to January 1, 2008, except that per State Statute the Tax Assessor, Tax Collector/Finance Officer, Borough Clerk receive a 4 �%� salary increase for the year 2008, retroactive to January 1, 2008.

Upon roll call, all in favor.

GENERAL BUSINESS�

Councilman Pugliese reminded everyone that school is out and to please pay extra attention when approaching Borough Parks and also when coming up to a cross walk.

MEETING OPENED TO THE PUBLIC

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

Bob Beiner, 36 South 24^th Street � Mr. Beiner stated he is on the committee for Air Traffic Noise. He said that Newark Airport is changing flight patterns in and out of the airport.� He said there are lawsuits against the FAA, mostly for Elizabeth and Union County.� He said that if anyone thinks there is too much noise over Kenilworth� and would like to put a complaint in can call the Port Authority for New York/New Jersey 973-961-6026 or e-mail [email protected].

Council Meeting Minutes � July 9, 2008�� Page 11

Bob Beiner asked the Mayor if she received a letter from Cranford regarding this.� She replied yes.

John Bury, 417 North 15^th Street � Mr. Bury asked if Resolution No. 11 regarding the Freeholders was similar to the Ordinance that Summit passed?� Mayor Fiamingo stated the Resolution is the same.� He asked what other Union County towns passed it? Mayor Fiamingo stated she believes Cranford passed this Ordinance and other towns are considering it.� Mr. Bury asked for a time line on this Ordinance because everybody passes resolutions and then they send something somewhere and it sits on someone�s desk for a long time?� Mayor Fiamingo said this came up a few years back in Trenton and they could not get enough votes.� Mr. Bury said the Summit Resolution was mentioned at the last Freeholder Meeting by Freeholder Daniel Sullivan and they made sport of this resolution and they noted Summit had an elected school board and they got a big chuckle.� He does not think they are taking this very seriously.� Mayor Fiamingo stated she is aware of that but it is not their decision to make.

Kevin McCracken, 20 North 11^th Street � Mr. McCracken asked if the street does not have curbing is that a requirement for the residents to pay if there are no curbs to begin with?� Mayor Fiamingo stated yes, otherwise the road deteriorates and they would be wasting their money.� The Mayor said the Borough� just had the second reading on the Bond Ordinance and now the road project will go out to bid.� Mr. Mc Cracken asked if the curbing was the homeowners responsibility because his Aunt lived on North 19^th Street and they were not charged for curbing.� Mayor Fiamingo stated she does not know specifically but some streets were done by grant money and when streets are done by grant money they also do the curbing.� He asked if there was grant money for his street.� Councilman DeLuca stated that when a street is done by a grant the Borough does not get to pick the street and there are certain qualifications that the street must meet.� Mayor Fiamingo stated that unfortunately North 11^th Street is a dead end street and not a thoroughfare and it would never qualify for DOT money and unfortunately the monies that we used to qualify for through Community Development are no longer available since the 2000 census because Kenilworth is to wealthy. Mr. McCracken asked if the street was going to be widened.� Councilman DeLuca stated that most likely since there is not through traffic they won�t� be required to make it wider but the engineer will tell us what needs to be done.

Motion was made by Councilman Joho and seconded by Councilman Pugliese 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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