Council Minutes from 12/10/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, DECEMBER 10, 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:� Sal Candarella, Lawrence Clementi, Anthony DeLuca, Brian Joho, and Toni Sosnosky. Fred Pugliese was absent.

MINUTES

It was moved by Councilman Clementi, seconded by Councilman DeLuca, and carried that the minutes of the Work Session Meeting of November 11, 2008, and the Regular Council Meeting of November 12, 2008 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

PRESENTATION

Mayor Fiamingo welcomed the Kenilworth Pop Warner Jr. Pee Wee Bears and their families. She asked the children to come to the front and she read Resolution No. 1. �She congratulated all the Bears for their fantastic season. Joe DiGrado, Head Coach related that after their first loss to Clark they put it together for the rest of the season. He said they are a great bunch of kids and parents. He said when they say one man, one team it means everyone. He thanked the team for putting in the effort and the coaches for all their time.

COMMUNICATIONS AND PETITIONS

1. �Letter from New Jersey Department of Transportation informing that Kenilworth will be receiving a 2009 D.O.T. Grant for South 31^st Street in the amount of $175.000.

2. Letter from Jen & Frank Lacorriere conveying their thanks and appreciation to the Kenilworth Fire Department and Rescue Squad for their tremendous help at the fire at their home in June.

3. The 2009 Reorganization Meeting of the Governing Body of the Borough of Kenilworth will be held on Wednesday, January 7, 2009 at 7:00 P.M.

Reports

1. �Police Department Report for the month of November, 2008.

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

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

4. Rahway Valley Sewerage Authority Meeting Minutes of October 16, 2008.

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

Regular Council Meeting�� Page 2

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor Fiamingo reported she was informed by the Borough�s Planner that the previous information that stated Kenilworth needed to get a COAH plan submitted before the end of the year is, fortunately, not applicable to Kenilworth because Kenilworth has never submitted a plan to COAH and therefore they are not subject to the general terms and conditions.� We have an opportunity to spend more time to come up with our fair share housing plan to figure out where to put 238 affordable housing units. We need to voice our opposition to that number and to find out where COAH came up with that number. �

The Mayor said the Breakfast with Santa and the Tree Lighting Ceremony were very successful this past Sunday.� There were an amazing number of children at the breakfast and Ron Kneckt was a very good Santa who had a lot of patience with the children and was very kind to them. She said photos were taken with Santa and the children. She stated that if anyone did not get their photo, they should contact the Recreation Center.� She thanked Marie Condo and the Pride in Kenilworth committee for putting together the very successful event.� She thanked the Fire Department for getting Santa to the breakfast on time. She also thanked the Recreation Committee and Scott Pentz who played photographer along with Councilwoman Sosnosky. She� thanked the Girl Scouts, Cub Scouts, St. Theresa�s Children�s Choir, Sister Monique and Susan Mancino-Dougherty.� She also strenuously thanked Sub Place Else, Kenilworth Diner, Bagels for You and Dunkin Donuts for contributing toward the breakfast. She said they went above and beyond with providing the food for the breakfast.� She said the tree lighting was successful even though the winds were very high and it took quite a while to get the wood lit for the chestnuts. She said there were a lot of people who attended even though it was very cold.

The Mayor stated that there is a resolution on the agenda tonight stating that the contract with EI Associates has been negotiated. There is �a meeting scheduled with the architects� December 29, 2008 with members of the Police Department and Borough Hall to begin the phase of determining what is going to be needed.� The Mayor said she has some unfortunate news from the Division of Community Affairs advising the Borough that they intend to rescind the grant that was given to the Borough back in 2005 for the new Public Safety Building.� The grant was in the amount of $190,000.00.� Some of the money will be permitted to be used to for pay the architect, engineering and attorney fees that have been expended to date or will be expended before.the end of the year.� She said that because of the State�s financial woes they are going to take back whatever they can to help their budget and that includes the remaining balance of the unspent grant money that the Borough received.� She said she has spoken with our legislatures, Senator Lesniak and Assemblyman Cryan to ask for their assistance in trying to get the DCA to rescind their order to take back the grant and they indicated they would help. The Mayor feels confident that this is something that can be done. She said she not only spoke with them but she followed up with a letter and she hopes to hear from them within the next week or so.� She hopes to have some good news at the January Re-Organization Meeting.

Regular Council Meeting�� Page 3

DEPARTMENT OF FINANCE

Councilman Joho reported that even in this recessionary environment he was happy to report that the financial condition of the Borough remains sound.� He said the Borough has weathered what has now been classified as the first year of a global recession.� Kenilworth has experienced a 98.75% tax collection rate so far this year.� This is tracking only slightly behind the 98.79% rate of 2007. The Borough is doing very well as far as our tax collection. Our tax delinquency is $395,000.00 and the Finance Officer is sending out letters to collect those revenues.� He said the other revenues that the Borough realizes during the course of the year are also tracking comparable to 2007. We recently had a bond anticipation note sale for 2.1 million dollars and received a 1.82% interest rate on those notes, which is very favorable. The State of New Jersey is in financial distress and we do not expect much, if any, aid for next year and we will prepare our Municipal Budget accordingly.� Most of the Borough Department Heads have already submitted their 2009 budgets to our Finance Officer.� The Finance Committee is already working on scheduling budget review meetings during the second half of January.� Councilman Joho reported that in reviewing some of the statistics this year he revealed one accomplishment was the Borough was able to realize the lowest dollar tax increase in 2008 compared to the previous 4 years.� That was done despite the 36% cut in our State Financial and the many other budget challenges we faced.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported that the Borough has an attractive addition to our downtown area.� Superintendent Ryan used Clean Communities Grant money for the purchase of 22 trash receptacles that were placed along the Boulevard. We have received many compliments from residents and our business community.� We were able to add to the Department of Public Works, at a low cost to the Borough, two 2009 Ford F-350 pick-up trucks.� These trucks were put into service on Monday.� These trucks can also be used for snow removal.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese was absent. Councilman DeLuca reported that the County placed new pedestrian safety crosswalk signs at the crosswalk.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella reported the monthly Construction Report is in order.� The Board of Adjustments has only one application. He is pleased with the architectural contract the Borough is going to approve tonight. He said everyone worked hard on the contract and they have a very favorable contract.� He said they have had five planners submit proposals for the Master Plan and he is going to send out letters to them to revise the way they priced it so that the Borough can compare one to the other. Once they get those back they will make a decision to where we are going and we will begin to move forward.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clement reported the Recreation Basketball began this week and the Recreation Director is happy with the gym time at the high school. The next meeting for the Recreation is

Regular Council Meeting�� Page 4

tomorrow at 7:30 and the public is invited.� The Recreation is getting an estimate to have electric put into the DiMario Park Building so they can run a conduit out to the scoreboard that was donated to the Borough by the Friends of Tim Carbone.

The Fire Department will be sponsoring their annual Santa Express next week.� Parents can drop off their presents at the Fire House this weekend and they will start to deliver the toys next week. Chief Giordino asked Councilman Clementi to read a couple of letters he received. The first letter

was from Nelson Ditmar who said that on Saturday, December 1^st the Kenilworth Volunteer Fire Department responded to a call to put out a fire in his 1976 Volkswagen Camper.� He said the Fire Department was very professional and he appreciated their timely response.� To show his appreciation he made a donation to the Kenilworth Volunteer Fire Department. The second letter was received from Jen & Frank Lacorriere relaying their gratitude and thanks for their tremendous support and assistance received from the Kenilworth Volunteer Fire Department and First Aid Squad.� In June they had the misfortune of lightening striking their home which caused a fire. Although they had considerable damage, it could have been much worse had it not been for the thoughtful and professional response that diverted a more devastating outcome.� We know they thought of our children and protected our belongings which meant more to us then words can describe.� We found framed photos that were found days later that were placed on our couch covered by a tarp.� Just knowing that they took the time, in a crucial situation, to think of the memories we may have lost, showed that they are special individuals.� These volunteer fire firefighters worked as a team and demonstrated great courage, skill and commitment.� We realize the power we have on the choices we make in life and we are thankful to the Fire Department and First Aid Squad for their choice to serve and protect.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca had nothing to report.

ORDINANCES & RESOLUTIONS

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 18 are listed on the 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 Joho moved that all items under Consent Agenda be approved, seconded by Councilman �DeLuca. Upon roll call the vote was unanimous.

Regular Council Meeting�� Page 5

RESOLUTION NO. 1

WHEREAS, the 2008 Kenilworth Pop Warner Jr. Pee Wee Bears have completed their season with a record of 9-3; and

WHEREAS, the Jr. Pee Wee Bears won the Raritan Valley Conference Championship which earned them an invitation to play in the �Dawg Bowl� against Mountain Valley Conference Champs, Washington Rock; and

WHEREAS, the Kenilworth Jr. Pee Wee Bears won the �Dawg Bowl� which entitled them to advance to the Eastern Regional Playoffs where they lost to Hopewell Valley; and

WHEREAS, the coaches and players are to be commended for their hard work with their motto being �One Man, One Team�; and

WHEREAS, the outstanding season of the 2008 Kenilworth Jr. Pee Wee Bears is a source of pride for the entire community.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth congratulate the members and coaches of the Raritan Valley Conference Champion Kenilworth Jr. Pee Wee Bears for their outstanding success and their dedication.

COACHES�� TEAM MEMBERS

Head Coach Joe DiGrado�� Sonnie Sheahan�� Dante Balsamo

Asst. Coach Frank Chessa�� Eddie Palmadessa�� Nicholas Favata

Asst. Coach Mike Ceceri�� Christian Burns�� Anthony Primavera

Asst. Coach Page DaCosta�� Dakota Piper�� Michael Ciagla

Asst. Coach Joe Santangelo�� Frank Chessa�� Pedro Shimazu

�� Nick Cantallupo�� Michael Ceceri

Team Mom Nikki Burns�� Timothy Murphy�� Ethan Sousa-Gomes

Videographer Chris Burns�� Sal Gorka�� Daniel Palumbo

Play Counters Tony Goncalves�� Matthew Witrock�� Evan Collier

And Dan Palumbo�� Michael Dutkevicz�� Eric Loneker

�� Jesse Goncalves�� Sebastian Montes�

RESOLUTION NO. 2

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

Regular Council Meeting�� Page 6

RESOLUTION NO.3

Be It Hereby Resolved:�� That the Municipal Finance Officer be authorized to pay necessary bills prior to the next regularly scheduled Council Meeting on January 14, 2009.

RESOLUTION NO. 4

WHEREAS, the following property was issued permits, and fees were received by the Building Department;

WHEREAS, it has been determined that the work will not be done,

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

Amount of $176.00 refunded to contractor

N.J. Plumbing & Heating, Inc.��

36 North Avenue East

Cranford, NJ� 07016

For property located at:

29 North 20^th Street

Kenilworth, NJ� 07033

Block, 81, Lot 8

Permit #08-00436

RESOLUTION NO. 5

Be It Hereby Resolved:�� That the attached list of Retirees be reimbursed for their payments for Medicare coverage from July 1, 2008 through December 31, 2008 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 6

WHEREAS, it has been determined that real estate taxes for the year 2007 have been overpaid due to a New Jersey State Tax Court Judgment,

NOW, THEREFORE BE IT RESOLVED that the treasurer be and is hereby authorized to draw a warrant payable to �Daniel G. Keough, Trustee� in the amount following their respective names and property location and further deliver said warrants to the collector of Taxes for proper notation on tax account;

Block ��Lot �� Name/Prop. Loc.� �� Amount

183�� 10�� Kenilworth Storage, LLc�� $6,836.00�� 800 Boulevard

Regular Council Meeting�� Page 7

RESOLUTION NO. 7

WHEREAS, Gerald F. Maneri is the owner of Block 2, lot 10, 630 Michigan Avenue, Kenilworth, Union County, NJ, and;

WHEREAS, Countrywide Home Loans is authorized to pay taxes on said property, and;

WHEREAS, the fourth quarter of 2008 taxes were overpaid, and;

WHEREAS, Countrywide Home Loans has certified that they are owed the money,

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

104�� 6 �� Countrywide Home Loans�� $� 1,299.23

�� P.O. Box 10211

�� Van Nuys, CA�� 91410-0211

RESOLUTION NO. 8

WHEREAS, Jolin Foods, Inc. is the owner of Block 2, lot 10, 630 Michigan Avenue, Kenilworth, Union County, NJ, and;

WHEREAS, the third quarter of 2008 taxes were overpaid, and;

WHEREAS, Jolin Foods, Inc. has certified that he is owed the money,

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

�2�� 10 �� Jolin Foods, Inc.�� $1,543.15

�� PO Box 137

�� Vauxhall, NJ�� 07088

Regular Council Meeting�� Page 8

RESOLUTION NO. 9

WHEREAS, it shall become necessary to expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and

WHEREAS, there is an excess in one or more appropriations over and above the amount deemed necessary to fulfill the purpose of such appropriation, and

WHEREAS, N.J.S. 40a:4-58 provides for the transfer of such amounts deemed in excess to appropriation for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and

WHEREAS, the transfers about to be authorized do not affect any appropriations to which or from transfers are prohibited under statute,

NOW, THEREFORE BE IT RESOLVED that the following be approved and the Chief Financial Officer is hereby authorized to make the following transfers in the 2008 Municipal Budget:

FROM:�� �� AMOUNT

Other Expenses:

827�� Tipping Fees�� $10,000.00

795�� Recreation�� $� 2,950.00

Salary & Wages

785�� Board of Health�� $� 4,000.00

�� Sub Total�� $16,950.00

�� TOTAL�� $16,950.00

TO:

Other Expenses:

430�� Utilities�� $6,000.00

821�� Street Lighting�� $5,500.00

796�� Celebration of Public Events� �� $�� 50.00

Salary & Wages

712�� Legal Services�� $1,400.00
753�� Fire Prevention�� $4,000.00

�� Sub Total �� $16,950.00

�� TOTAL�� $16,950.00

RESOLUTION NO. 10

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made

an annual audit of its books, accounts and financial transactions; and

WHEREAS, The Annual Report of Audit for the year 2007 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A5-6 and a copy has been received by each member of the governing body; and

Regular Council Meeting�� Page 9

WHEREAS, The Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

WHEREAS, The Local Finance Board has promulgated N.J.A.C. 5:30-6-5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled �Comments and Recommendations�; and

WHEREAS, The members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled �Comments �and Recommendations�, as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, Such resolution of certification shall be adopted by the Governing Body no later than forty five days after the receipt of the Annual Audit, pursuant to N.J.A.C. 5:30-6-5; and

WHEREAS, All members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 � to wit: R.S. 52:27BB-52 � �A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the �director (Director of Local Government Services) under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED, That the GOVERNING BODY OF THE BOROUGH OF KENILWORTH, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON DECEMBER 10, 2008.

RESOLUTION NO. 11

Be It Hereby Resolved:� That the 2007 Audit Corrective Action Plan submitted by the Finance Officer of the Borough of Kenilworth as attached, be and the same is hereby approved;

And

Be It Further Resolved that a certified copy of the 2007 Corrective Action Plan be sent to the Division of Local Government Services.

Regular Council Meeting�� Page 10

RESOLUTION NO. 12

Be It Hereby Resolved:� That Christopher Meade be appointed as an Alternate School Crossing Guard for the year 2008.

RESOLUTION NO. 13

Be It Hereby Resolved:� That the Mayor and Borough Clerk be authorized to sign the Agreement with EI Associates, Architects & Engineers, PA for the project known as �PUBLIC SAFETY & MUNICIPAL COURT BUILDING�.

RESOLUTION NO. 14

Resolution:� Approval to submit a grant application and execute a grant agreement with the New Jersey Department of Transportation for the 2009 NJDOT/Capital Road Improvement Program project.

NOW, THEREFORE, BE IT RESOLVED that Council of the Borough of Kenilworth, formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to submit an electronic grant application identified as 2009 NJDOT Municipal Aid Program to the New Jersey Department of Transportation on behalf of the Borough of Kenilworth.

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Kenilworth and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

Certified as a true copy of the Resolution adopted by the Council on this tenth day of December, 2008.

My signature and the Clerk�s seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by the resolution above.

_______________�� ____________________

Kathi Fiamingo�� Hedy Lipke

Mayor�� Borough clerk

Regular Council Meeting�� Page 11

RESOLUTION NO. 15

WHEREAS, David DelliSanti is the owner of Block 113, lot 24, 35 So. 19^th Street, Kenilworth, Union County, NJ, and;

WHEREAS, the second quarter of 2008 taxes were overpaid due to the taxes being paid by the attorney and mortgage company, and;

WHEREAS, David DelliSanti has certified that he is owned the money.

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

113�� 24�� David DelliSanti�� $1,195.44�� 35 So. 19^th St.

�� Kenilworth, NJ� 07033��

RESOLUTION NO. 16

WHEREAS, Matthew Walsh is the owner of Block 112, lot 6, 42 So. 17^th Street, Kenilworth, Union County, NJ, and;

WHEREAS, First American Real Estate Tax Service is authorized to pay taxes on said property, and;

WHEREAS, the third quarter of 2008 taxes were overpaid, and;

WHEREAS, First American Real Estate Tax Service has certified that they are owed the money,

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

�112�� 6 �� First American� RETS�� $� 1,584.46

�� 1 First American Way

�� Westlake, TX�� 76262

Regular Council Meeting�� Page 12

RESOLUTION NO. 17

BE IT HEREBY RESOLVED;�� That the purchase orders issued for the 16^th Street Baseball Field Project be revised as follows:

All Star Bleachers

6650 New Tampa Highway

Lakeland, FL� 33816

� *One (1) 5 Row x 15� Aluminum Bleacher - $2,880.00

� *One (1) 4 Row x 15� Aluminum Bleacher - $1,447.00

� * Shipping - $650.00

TOTAL AMOUNT:� $4977.00

Game Time Player Benches

150 PlayCore Drive

Fort Payne, AL� 35967

� *Two (2) Player Benches, 8� Permanent Bench w/o Back - $336.00

� *Material Surcharge - $21.50

� * Freight - $198.62

TOTAL AMOUNT:� $556.12

Whirl Construction, Inc.

� *Installation for Two (2) Gametime Benches - $300.00

� * Installation for One (1) 4-Row All-Star Bleacher - $1,450.00

� * Installation for One (1) 5-Row All-Star Bleacher - $1,600.00

TOTAL AMOUNT: $3,350.00

Certification of Funds:

Date: __________________

Appropriation: _________________________

_________________________

Treasurer

RESOLUTION NO. 18

WHEREAS, N.J.S.A. 39:5-41 (b) provides that in part that �all fines, penalties and forfeitures imposed and collected�for any violations of�Title 39, other than (as otherwise provided in that section)�shall be forwarded by the judge to whom the same have been paid as follows:� one-half of the total amount collected to the financial officer (of) the local governing� body�wherein the violations occurred, to be used by the municipality for general municipal use and to defray the cost of operating the municipal court; and one-half of the total amount collected to the proper financial officer of the county wherein they were collected, to be used by the county as a fund for the construction, reconstruction, maintenance and repair of roads and bridges, snow removal, the

Regular Council Meeting�� Page 13

acquisition and purchase of rights-of-way, and the purchase, replacement and repair of equipment for use on said roads and bridges therein�,�

WHEREAS, the counties in question do not contribute to the maintenance of the police force which enforces Title 39 except in County facilities and do not contribute to the maintenance of the roads, bridges, snow removal, etc., except on those roads which are designated as county roads; and

WHEREAS, the counties also do not contribute to the costs of operating the municipal court system and such costs have escalated due to the mandates imposed by the State of New Jersey to upgrade municipal courtrooms and provide security for both the municipal courtrooms and the municipal judges; and

WHEREAS, the counties tax each municipality for the construction and maintenance of the roads and bridges as described above and also take a disproportionate amount of the revenue realized from violations of Title 39, thus constituting �double taxation� for the same purpose; and

WHEREAS, the payment to the counties of one-half of the fines, penalties and forfeitures collected, given the counties� limited roles in the enforcement, maintenance and repair, it is unfair to the municipalities which provide the bulk of the law enforcement and the maintenance and construction of the roadways, etc.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey, that it urges the New Jersey Legislature to amend N.J.S.A. 39:5-41 to provide for a distribution of the fines, penalties and forfeitures of Eight (80%) Percent to the municipalities and Twenty (20%) Percent to the counties; and

BE IT FURTHER RESOLVED that a copy of this Resolution shall be sent to the Legislative members of the 20^th Legislative District, the Governor of the State of New Jersey, the Clerks of each of the municipalities in Union County and to the League of Municipalities.

Dated: December 10, 2008�� BOROUGH OF KENILWORTH��

This is to certify that the foregoing resolution is a true and exact copy of a resolution adopted by the Borough of Kenilworth Governing Body on December 10, 2008.

Hedy Lipke, Borough Clerk

Regular Council Meeting�� Page 14

GENERAL BUSINESS�

Mayor Fiamingo reminded everyone the Re-Organization Meeting for 2009 will be held on Wednesday, January 7, 2009 at 7:00 PM.� It will not be on January 1^st as erroneously reported in a certain paper. She wished everyone a Merry Christmas, Happy Hanukkah and happy season for whatever holiday they may celebrate. She also wished everyone a happy, healthy and safe new year.

Mayor Fiamingo thanked Councilman Clementi and Councilman DeLuca for their three years of service.� She said it has been a pleasure and they have been very good councilman who have helped everyone along the way.� She said they are the tops and will be missed.

Councilman Joho wished everyone a healthy and happy holiday season and best wishes for the New Year. He thanked Larry and Anthony for their work on Council and especially for their work on the committees that they shared.� He said Larry participated and provided valuable insight on the Finance Committee and Anthony was a valuable negotiator for the PBA contract.� He thanked them both for their service.

Councilman Candarella said it was a great year together with Councilman Clementi & Deluca and they accomplished a lot and did a wonderful job.� He wished the residents a healthy and happy Christmas and New Year.

Councilwoman Sosnosky wished all the residents a Merry Christmas and a healthy and Happy New Year.� She thanked Councilman DeLuca and Clementi for being a part of the process that makes Kenilworth move forward.� She wished them both all the best and said it has been a pleasure working with them.

Councilman Clementi thanked all the residents who supported him over the years.� He said it was an honor and a privilege to work for the Borough. He said he feels if he helped just one person, he did his job and hopefully he did that.� He thanked his wife Kelly and his children Kyle, Erin and Jenna for their love and support and for understanding� his being away from them more often than not.� He thanked Hedy Lipke and her staff, Kathi Moschitta and Pat Howarth because they are the backbone of the town and keep everything running and anytime anyone needed help they were right there to help out.� He thanked his good friend and former Mayor, Gregg David for getting him involved in politics twenty years ago. He thanked former colleagues who helped him along the way like Carmela Colosimo, Fred Soos, Bob Taylor and Pete Corvelli. �He said they all helped him out along the way. He thanked the Democratic Social and Political Club who also supported him throughout the years as well as Chief Giordino and Chief Dowd. He thanked Jerry Ramos who was his campaign manager and helped him out tremendously.� He thanked Mayor Fiamingo and fellow council members and he is confident they will do a good job for the town. He wished a Merry Christmas and Happy New Year to all Kenilworth residents.

Regular Council Meeting�� Page 15

Councilman DeLuca thanked his wife and kids for putting up with him for the last four years. He thanked the residents and said it was an honor and privilege to serve them. He said he hoped that even if it was in a small way, he contributed to the success of the Borough. He wished the newly elected councilman well. He thanked the present and past council and also thanked the gang at Borough Hall.� He said if anyone needs to find him, he will be at 491 Washington Avenue at the Volunteer Fire Department Squad.

Mayor Fiamingo said that from the bottom of her heart she enjoyed working with them.

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

MEETING OPENED TO THE PUBLIC

Bob Herbert, 363 Collidge Drive � Mr. Herbert said on behalf of himself and his family he thanked Councilman Clementi and Deluca for their dedication and hard work. Mr. Herbert said they give up their family time and he really appreciates it.� He thanked them for their years of service.

Livio Mancino, 102 North 24^th Street- Mr. Mancino thanked the Governing Body and for all their service over the past year. He specifically thanked Councilman Clementi and Councilman DeLuca for their services over the last three years. He extended good tidings to the DPW and Councilwoman Sosnosky for doing an excellent job this year. He said they still have to look at Washington Ave. because someone fell at the church. He commended the Fire Chief and Police Chief.

Mr. Mancino said he had gratitude for the referendum that the school had passed yesterday. They had 5039 registered voters, 764 voted and that is not good. He said within a six month period they were able to put a project together on a referendum and had enough people come and vote. There were two questions and the second one went down. The first one moves the school into the 21^st century. On behalf of the total Board of Education and the Governing Body who supported it he is grateful. He said we are going to see some fantastic changes in the school over the next two or three years. The project is about 13 million dollars. He said they stretched the tax cost over the next twenty years so they would not be decimated all at once with the cost. They have a debt service of $89 from the Board of Education and that is going to change to about $126.00 on a $167,000.00 dollar valued home. He said if yours is higher than you should multiply it by 9% and that will be the new debt service in your house. Mayor Fiamingo asked if that was an increase and does he mean that it will be $89.00 plus $126? He said no, it is going to be $126.� He said the Board of Education has a debt service of $89.00 per household based on $167 and it is going to go to $126 over the next 20 years. He said his office is valued at $200,000.00 and he will have a debt service on his tax bill over the next twenty years of $180.00. He congratulated the residents for passing the referendum.� Mr. Mancino responded to� Councilman Joho�s report that said Kenilworth had the lowest dollar tax increase over the last four years by stating that one of the years in the past four years there was no tax increase. He said they can debate that at a later date. Mr. Mancino stated he had ten items he would like to address and he hoped the Mayor and Council will address these issues at the next meeting. 1)12% tax increase 2)Never filed for a grant during 2008 3)Increased the height of new buildings from 30� to 35� without indebt research 4)Hired an engineer from Clark when they talked about hiring someone from town and his salary is almost double what we were paying the former engineer. He said we had local engineers who offered their services and were not considered 5)The Boulevard was done and the Borough did not

Regular Council Meeting � December 10, 2008�� Page 16

have all the intersections opened up 20 ft. deep. Other communities said that when the County comes in they have their intersections done 20 ft. deep. He said 23^rd Street is an abomination.6)He said he has received nothing but complaints about the Recreation and if it were not for Pat Boyle and Amy, Kenilworth would be ashamed of themselves. 7) $750.00 that you paid to that chamber that draws over $80,000.00 in advertisement in this community and gives us nothing but $1,000.00 scholarship. He said the KMA will give a $2,500.00 scholarship and they do not advertise.8)He said the fact that we did not have an Octoberfest was an abomination. He said it was not planned well and hopefully we did not lose it. 9) Must have a Master Plan done soon because the Planning Board is all over the place with ordinances and you cannot run a community properly if you do not have the right ordinances to address zoning and planning situations. 10)The Board of Education put together a package in six months, schematics, contracts and everything else. He said it took a year to sign the Public Safety Building contract. He said the Mayor and Council need to let the residents know what is going on.� He would like his ten comments recorded in the minutes. The Mayor responded by stating that whatever is said is included in the minutes.

Bob Beiner, 36 South 24^th � Mr. Beiner thanked Councilman Clemente and Councilman DeLuca for their service on the Governing Body. He also congratulated Councilman Candarella, Kevin and Scott for winning the election last month. Mr. Beiner asked what particular statute does Resolution 17 refers to? The Mayor stated it refers to something Mr. Beiner brought up during the debate. The Borough received a resolution from Springfield urging for the amendment of the statute to permit the division of the collection of funds. Mr. Beiner asked if the Borough was aware of the State BPU? They have an energy audit rebate program. He said the BPU is going to offer 75% rebates for municipalities. He recommends that the borough looks into this program.� The Mayor advised they will look into it.

Frank Pugliese, 235 North 13^th Street � Mr. Pugliese said last week at 3:00 in the morning he had an emphysema attack and his son called 911. He expressed his appreciation to the Fire Department and Rescue Squad because they did a wonderful job. He said he was dying and they gave him oxygen and took him to Overlook Hospital. When he finds out their names he will thank them personally.� He said one of the people who helped him was Officer Mike Devlin.

Rudy Cammorota, 1 Red Maple Lane � Mr. Cammorata asked who the two gentlemen who were sitting behind the Council? Mayor Fiamingo introduced Kevin Leary and Scott Klinder as the two new councilmen who will be taking office on January 7, 2008.� She said they were introduced at the last council meeting.

Motion was made by Councilman Clementi, seconded by Councilman DeLuca to close the meeting to the public. All in favor.

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

8:45 P.M.��

�� Respectfully submitted,

��

Hedy Lipke, Borough Clerk��

ADS - Applied Dynamic Solutions, LLC

email webmaster