REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JUNE 24, 2009.� COUNCIL PRESIDENT FRED PUGLIESE PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Sal Candarella, Brian Joho, Scott Klinder, Fred Pugliese and Toni Sosnosky. Kevin Leary and Mayor Fiamingo were absent.

Council President Pugliese read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Council President Pugliese.

MINUTES

It was moved by Councilman Candarella, seconded by Councilman Klinder, and carried that the minutes of the Work Session Meeting of June 9, 2009 and the Regular Meeting of June 10, 2009 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. Notice of� Hearing received from the Union Township Planning Board to adopt their Master Plan Housing Plan element and Fair Share Plan on June 25, 2009 at 7 P.M.
2. Letter from Bob & Teresa Zengewald, 613 Richfield Avenue, requesting permission to have a Block Party on Saturday, July 25, 2009 from 2-9 P.M. on Richfield Avenue from Faitoute Avenue to South 25^th Street.

REPORTS

1.    �Municipal Court Report for the month of May, 2009.

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

DEPARTMENT OF FINANCE

Councilman Joho reminded everyone, the Third Quarter estimated tax bills were mailed last week and should have been received by now.� He mentioned that this Council continues to work to minimize the financial burden on the taxpayers, while continuing to preserve jobs for our dedicated municipal employees.� He said he thinks everyone has read headlines where surrounding towns are freezing wages and/or cutting staff and also cutting services. This is the longest running recession since the Great Depression and given the circumstances, everyone is feeling some pain and economic fall-out from this recession.� Given adversity, is also when small communities find their strength and resolve. From a finance perspective, we will continue to prudently review expenses and

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maximize the value you receive for your tax dollars.� He reminded everyone that Kenilworth�s taxes still remain the lowest in Union County, a goal we will continue to strive to maintain.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky had nothing to report.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Police Department will be applying for a grant for DUI enforcement.� This grant is for $6,000.00 and, if granted, would work with the local and County Police Departments.� The enforcement may or may not include spot checks.� Kenilworth has been lucky in the past with applications and receipt of grants.� He anticipates this grant being awarded in the near future.� He said the application will go out sometime this week.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported they had their second Master Plan Meeting a few weeks ago.� He said a lot of progress was made and they had a lot of good input.� He said the next meeting is in three weeks.� The County has granted Kenilworth $3,000 for the Handyman Program and we will be continuing the program thru next year.� The Planning Board has one application this month and that meeting is tomorrow.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary was absent.� Councilman Pugliese reported the fireworks will be this Sunday at 9:00 pm and the rain date will be July 5^th.� He encouraged everyone to attend. He said the Knights of Columbus will be selling glow sticks.� He also reported the Recreation Department will be sponsoring a trip to Land of Make Believe on Thursday. He wished the children a good time.�

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the library attendance for the month of May was 4,585 and book circulation was 2600. �Bard on the Boulevard� will be tomorrow at the high school football� field.� He said Applebee�s is sponsoring �Dining to Donate� on June 29^th, July 27^th and August 17^th to benefit the Library.� He said you need to bring the flyer, which you can get at the library, with you in order to donate.

BILLS

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

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CONSENT AGENDA

Resolutions No. 1 thru 11 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 Candarella.� Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

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

RESOLUTION NO. 2

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

WHEREAS, it has been determined that the homeowner is a senior citizen, and is entitled to a 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 $196.00 to be refunded to the homeowner:

����������������������������������������������� Robert Porter

����������������������������������������������� 50 North 9^th Street

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

����������������������������������� For the following permits:� 09-00011 & 09-000123

RESOLUTON NO. 3

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

�����������������������

�����������������������

����������������� #958� St. Theresa�s Home School Association an Off-Premise Calendar Raffle

from October 9^th thru December 25^th at 540 Washington Avenue, Kenilworth, NJ.������������

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RESOLUTION NO. 4

Be It Hereby Resolved:� That the attached list of Retirees be reimbursed for their payments for Medicare Coverage from January 1, 2009 to June 30, 2009 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 5

WHEREAS, the Union County Cooperative Pricing System received and awarded the bid for the purchase and planting of trees; and

WHEREAS, a Greening Union County 2009 Grant provides for municipalities to purchase and plant trees, on a tree for tree matching basis, with the contract for planting of trees awarded to Scalora Brothers, Inc., 382 Lackawana Place, South Orange, NJ� 07079; and

WHEREAS, the Borough of Kenilworth wishes to participate in this program.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth award the contract for the planting of 10 trees in the Borough to Scalora Brothers, Inc. at a cost of $1732.00 with 50% to be reimbursed by the County.

RESOLUTION NO. 6

WHEREAS, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 4, 2009 for delinquent 2008 taxes, and a tax lien was purchased by US Bank Cust for CCTS Capital on property located at 433 No. 15^th Street and known as Block 4 Lot 32, in the Borough of Kenilworth, County of Union,

WHEREAS, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and

NOW THEREFORE BE IT RESOLVED, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows:.

US Bank Cust for CCTS Capital

Tax Lien Group

2 Liberty Place

50 So. 16^th Street, Suite 1950

Philadelphia, PA�� 19102

Redemption Amount

$1,793.37

Premium

$5,100.00

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RESOLUTION NO. 7

WHEREAS, Edward Bartley is the owner of Block 21, lot 5, 250 No. 21^st Street, Kenilworth, Union County, NJ, and;

WHEREAS, per the Tax Assessor, Mr. Bartley qualifies as a 100% totally disabled veteran, and;

WHEREAS, Indymac Bank has paid second quarter 2009 taxes on the aforementioned parcel on behalf of Mr. Bartley, and;

�WHEREAS, IndymacBank has requested the tax monies be refunded to them;:

NOW, THERFORE 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 a warrant for refund as stated below.

Block������������� �������� Lot�������� ������� Payable to:�������������������������������� ��������������� Amount

������������ 21������������������ ��� ������5����������� ������� IndymacBank���������������������������� ��� ������� $�� 1,611.56

����������������������������������������������������������� ������� Att:� Marcia Gurd-Blackburn

����������������������������������������������������������� ������� 6900 Beatrice Drive

����������������������������������������������������������� ������� Kalamazoo, MI�� 49009

RESOLUTION� NO. 8

Whereas, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 4, 2009 for delinquent 2008 taxes, and a tax lien was purchased by MMU, Inc. on property located at 649 Summit Avenue and known as Block 151 Lot 6, in the Borough of Kenilworth, County of Union,

Whereas, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows:.

MMU, Inc. DBP

Actor Title

145 No. Franklin Turnpike

Ramsey, NJ�� 07446

Redemption Amount

$5,320.88

Premium

$12,100.00

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RESOLUTION� NO. 9

BE IT HEREBY RESOLVED; That the Treasurer be authorized to make final payment for the

Kenilworth Library Elevator Project to W.D. Snyder Co. in the amount of $4,880.00

RESOLUTION� NO. 10

WHEREAS, applications for renewal of Plenary Retail Consumption and Distributors License have been filed with the Borough Clerk with their proper fees, Police Chief William Dowd having approved the renewal of said licenses;

NOW, THEREFORE, BE IT RESOLVED that the Plenary Retail Consumption License and Distributors be renewed and� granted for the license year 2009-2010;

2008-44-009-004��� Lehar Liquor Corp., t/a Kenilworth Liquors

2008-33-002-005��� La Dolce Vita of Kenilworth, LLC

The above premises have been inspected by the Kenilworth Board of Health; proof has been received that the applicant has paid the $200 filing fee to the Division of Alcoholic Beverage Control.

RESOLUTION NO. 11

WHEREAS, the Borough of Kenilworth desires to constitute the 2009 Temporary Capital Budget of said municipality by inserting therein the following projects.

NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of Kenilworth as follows:

Section 1.� The 2009 Temporary Capital Budget of the Borough of Kenilworth is hereby constituted by the adoption of the schedule to read as follows:

Temporary Capital Budget of the

Borough of Kenilworth

County of Union, New Jersey

Projects Scheduled for 2009

Method of Financing

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Section 2.� The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for 2009 Temporary Capital Budget, to be included in the 2009 Permanent Capital Budget as adopted.

Proposed Ordinance No. 2009-15 was read for a first reading as follows:� (Copy attached)

����������������������������������������������������������������������� 2009-15

BOND ORDINANCE PROVIDING FOR THE 2009 ROAD PROJECTS IN THE BOROUGH, APPROPRIATING $470,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $280,250 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID ACQUISITION, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY

Council President Pugliese stated this is a Bond Ordinance to fund the 2009 Road Project. This is a first reading and no public comment is permitted. The hearing will be held on July 8, 2009 at which time the public may speak on this Ordinance.

RESOLUTION NO 12.

Introduced by Brian Joho who also moved its adoption

Second by Sal Candarella and on roll call unanimously carried.

Be It Hereby Resolved: that Proposed Ordinance No. 2009-15 be and the same is hereby passed on first reading and ordered published for final hearing on July 8, 2009.

Proposed Ordinance No. 2009-16 was read for a first reading as follows:� (Copy attached)

����������������������������������������������������������� 2009-16

BOND ORDINANCE PROVIDING FOR THE SEWER JET TRUCK FOR THE BOROUGH, APPROPRIATING $245,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $232,750 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID ACQUISITION, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY

Council President Pugliese stated this ordinance is for the funding for the purchase of a Sewer� Jet Truck.� This is a first reading and no public comment is permitted. The hearing will be held on July 8, 2009 at which time the public may speak on this Ordinance.

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RESOLUTION NO. 13

Introduced by Brian Joho who also moved it adoption

Seconded by Toni Sosnosky and on roll call unanimously carried

Be It Hereby Resolved: that Proposed Ordinance No. 2009-16 be and the same is hereby passed on first reading and ordered published for final hearing on July 8, 2009.

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

MEETING OPENED TO THE PUBLIC

Barbara Morison, 716 Vernon Avenue � Mrs. Morison thanked the Mayor and Council for the wonderful picnic for the seniors. She thanked Paulette Drogon for doing such a nice job. She said the picnic was moved inside due to the rain. She said the seniors had a wonderful time.� She thanked Walter Krieck and Jonathan Lipke for moving all the tables and chairs. She gave Jonathan an extra thank you for cleaning the Senior Building after the picnic. She thanked Councilman Scott Klinder for mentioning all the library events and she modeled her library shirt that said �It�s Hot In The Summer but It�s Cool At The Kenilworth Library�.

Livio Mancino, 102 North 24^th Street � Mr. Mancino commended the Council for reducing the school budget by $174,000.00 which works out to be about 2 points.� He said no educational facility, books, etc. were affected by that change. He said the funds were found in other areas. He said the County has been very helpful by marking the school crossings on Monroe Avenue and the Boulevard.� Mr. Mancino said most communities have adopted plans for no raises and have also cut out their July 4^th Fireworks. He asked what the status was regarding raises because he has not seen any ordinances or resolutions to address raises. He said he was not successful at the school with cutting raises because they talked about unions. He said they could have said yes to giving up their raises but they did not.� He said it would have saved the Borough about � million dollars.� Mr. Mancino said he received his tax bill and he got about $1,000.00 increase on his property on the Boulevard which is about an 18% increase in his taxes.� He said his taxes when he was Mayor were $680.00 and today they are $1949.00. He asked how much did the local budget go up? Councilman Joho responded the operating expenses were 2 � %.� Mr. Mancino asked how many points it went up and Councilman Joho responded 14 points but that is pre any State Extraordinary Aid and the sale of the girl scout property. He said there would be an adjustment in the 4^th Quarter tax bill if those items come through.� Councilman Pugliese said that is not 14 percentage points but 14 tax points.� Mr. Mancino said every tax point is about $90,000.00 give or take.� He said in order to maintain an equitable tax base the Borough has to start now so that in 2010 we don�t see these figures.� He said the tax bill said it was not due till 10/24/09. He said for the third quarter he has to pay his taxes in August and the bill says it�s not due till 10/24/09. He said the council better get that corrected because he has a right to pay his tax as it�s been billed for the third quarter. He asked how is the Borough doing with the Master Plan. Councilman Candarella said they had their second meeting and have outlined their goals and objectives and they have made a lot of progress. He said the next meeting is up coming soon.� Mr. Mancino suggested they get lay people involved and Councilman Candarella said they have lay people. He said they should give a progress report so the taxpayers know where they are heading with the Master Plan.� He said it usually comes at the last minute and no one is prepared.� Councilman Pugliese said they

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are planning to present it to the public at which point, depending on the statements that come back from the general public, they plan on either going forward or going back to the shop to make changes depending on the ideas that are put forth.� Councilman Candarella said a draft Master Proposal will be presented to the public for their reading before the general public meeting and any input they will take in and they will go back and revise and take into consideration the suggestions.� Mr. Mancino said years ago they had three meetings and 6 people came to the first meeting and the last meeting the chamber was packed.� Mr. Mancino commended Bob Herbert for doing his job. He said he was cited for having an illegal sign and when he looked at the Ordinance he realized Mr. Herbert was right.� He said there are 26 other signs in town that are illegal and Mr. Herbert should investigate them.

Bob Beiner, 36 South 24^th Street � Mr. Beiner mentioned that the County Air Traffic and Noise Board had a lawsuit against the FAA and the lawsuit was determined and ruled in favor of the FAA.� He said the County Board is going to continue to try and do what they can by reaching out to Congressman Lance, Senator Lautenberg and the Port Authority regarding flight pattern changes in Newark Airport regarding what they think is excessive noise over Union County.� He said he will keep the Council updated in the future.� Mr. Beiner said to Councilman Joho that Fanwood and Scotch Plains got a $46,000.00 grant to fund a shared service study. He asked if anyone from Kenilworth has reached out to Cranford or Roselle Park regarding getting together for a shared service study?� Councilman Joho said no.�� Mr. Beiner said at the January 28^th meeting he suggested the Council contact Roselle Park or Cranford to see if they are interested in doing any shared services study.� He said the Mayor said she would look into it.� He said if the DCA is going to fund Scotch Plains and Fanwood shared service study, why isn�t Kenilworth looking into getting a grant to fund a shared service study, especially if it�s fully funded.� He said the submission for deadline is June 30^th.� He suggested someone call Roselle Park or Cranford so that Kenilworth can do this especially since it is fully funded by the DCA.� He said someone should go on the web site to see what is involved and see how long it takes and if we do it by next week.� He said we should not let this grant opportunity go by the wayside. He said Cranford or Roselle Park may not want to but we should at least try.� Mr. Beiner asked Councilman Joho if he agreed? Councilman Joho responded by stating that it is a grant to study shared services and we would need to decide what we would be willing to share or give up. Mr. Beiner said he does not know how long it took Fanwood and Scotch Plains to get the grant, they may have applied earlier in the year, he is not sure. �Mr. Beiner said if the State is going to give money for a feasibility study and we did not take advantage of it we would be foolish.� He said maybe something would happen and maybe it wouldn�t but we should at least look into it.� He urged the council to make some phone calls.

Joe Grimaldi, 34 North 14^th Street � Mr. Grimaldi said at the Parkway entrance into Kenilworth along the fence at the cemetery there is a bunch of dead trees and overgrowth that looks very bad.� He asked the Mayor and Council to look into who maintains that and clean it up. He said it does not make a good impression when coming into Kenilworth. Councilman Pugliese said it is the County right of way and they have jurisdiction over the area. He will pass this along to the County.� Mr. Grimaldi suggested the Borough have strolling minstrels like they did in the past for the 4^th of July. He said they used to stroll the block and stop in front of houses and play a song and you would give them a few bucks or a soda. He suggested that since they just refurbished the food stand that maybe someone from the school use the Kenilworth Fire Works as an opportunity to sell refreshments for the benefit of the school or sports program.� Councilman Pugliese said we cannot use the stand because it is a Board of Education situation and a fire

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code issue.� Councilman Joho said the refreshment stand is in the fire zone for the fireworks and it would be dangerous to open the stand.

Lisa Woods,� 614 Jefferson Avenue � Mrs. Woods said as President of the Music Booster Club, if Council would like, she will speak to John Ondry, the Director of the Band to see if some of the students would be available that evening to play at the fireworks.� She said they could set up in the parking lot to perform for anyone sitting waiting for the fire works. �Councilman Pugliese asked Ms. Woods to let him know.� Ms. Woods responded by saying if the Council was interested, she would contact Mr. Ondry to see how many children they could get out there. Councilman Pugliese said he would pass it onto the chair person, who is in the audience because she has more say on this then the Council does.� He said he will take it into consideration and one of them will get back to her.

Mr. Mancino said he wanted to correct something he said earlier. He said the tax bill is due in August, he read it wrong.

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

GENERAL BUSINESS

Councilman Joho wished everyone a safe and enjoyable 4^th of July holiday. He took a moment to reflect on the July 4^th holiday to honor all the freedoms we have and realize the struggles people are still going through today to attain the independency and democracy we all take for granted.� Recent events in Iran come to mind when we talk about freedom.� He said he hopes everyone will take the time to enjoy our July 4^th fireworks display on Sunday, June 28^th with the raindate being July 5^th.� He said you cannot put a price on the value of events like this and what they do for a community like Kenilworth.� It brings friends, family and neighbors together at least one time a year.� He said this is a vital element of what a small community is all about.� He said it is an enjoyable event and he hopes to see everyone out there.

Councilman Pugliese said he understands about the increase on the tax bills but he said most of the increase comes from the County and the Board of Education.� He said most of it is not as a result of budget increases but of less funds coming into the town. He said Governor Corzine refuses to implement the State Aid the Borough had been getting in 2007 in order to get us to merge with other towns.� In addition to that the assessment from the Rahway Valley Sewerage Authority is significant. He said their debt service has increased as a result of a consent agreement that requires them to rebuild their facility at a great cost which in turn gets passed on to the towns in the authority.� He said most of the towns are continuing their fireworks He said Kenilworth�s fire works are funded by private donations and does not come out of the Borough�s budget.

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ADJOURNMENT

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

8:25 P.M.������������������������������������������������������������������������������� Respectfully submitted,

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