Council Minutes from 10/14/2009

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, OCTOBER 14, 2009.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

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

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

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Candarella, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of September 22, 2009 and the Regular Meeting of September 23, 2009, be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Memo from Jerry Eger, Construction Official, recommending that the Borough use the State of New Jersey Elevator Safety Unit as Elevator Sub-Code Official in the Borough as it is more cost effective.
Letter from Shirley Boyden Maxwell, President of the Kenilworth Historical Society, thanking the Mayor and Council for their approval and support of the �Freedom Run & Walk� on September 27^th and thanking individual Borough employees for their help.� She also reported the Community Wide Garage Sale was a success and further invited the Governing Body to the Nitschke House during Union County�s Four Centuries in a Weekend on Saturday, October 17 and Sunday, October 18.

REPORTS

1. Police Department Report for the month of September, 2009.

2. Construction Department Report for the month of September, 2009.

3. Borough Clerk�s Report for the month of September, 2009.

4. Volunteer Fire Department/Rescue Squad Report for the month of September, 2009.

5. Municipal Court Report for the month of September, 2009.

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 Fiamingo reminded everyone that October 25^th, rain or shine, is the Kenilworth Street Festival which begins at 10:00 am and ends at 5:00 pm.� Non-profit organizations or crafters who are interested in obtaining a table should contact the clerk�s office or JC Promotions, Inc. at 201-998-1144.�

Regular Council Meeting � October 14, 2009�� Page 2

The Mayor also reminded everyone this Saturday is the Red Ribbon Parade and event at Nomehegan Park.� The parade is leaving from David Brearley parking lot at 9:00 am. Everyone is invited to join. The Mayor reminded our senior citizens that there are grants available from the county for home improvements.� The grants range from $5,000.00 up to $25,000.00.� If anyone is interested they should contact Development Directions at 732-382-8100 for further information. The Department of Transportation has awarded the Borough a grant of $275,000.00 for improvements to North 8^th Street and the Kenilworth Boulevard drainage project that has been proposed by our Borough Engineer. The cost to complete the project is somewhere in the neighborhood of one million and a half dollars but the $275,000.00 will go a long way to make the much needed repairs.

The Mayor asked for a moment of silence for the honorable Robert Viglianti, who was the Mayor in Mountainside.� He passed away this past Sunday.� Mayor Viglianti was a public servant for more than 30 years in Mountainside and devoted a lot of time to his community and he will be missed.

DEPARTMENT OF FINANCE

Councilman Joho had nothing to report.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported high winds moved through the Borough during the afternoon and evening hours last Thursday. The DPW crew removed 3 trees that split and numerous limbs and branches that had come down.� The painting of crosswalks, stop bars and yellow curbs has been completed.� Councilwoman Sosnosky read a letter from Mr. & Mrs. Edward Small �Just a little note to praise our board of public works workers. We had two large holes on our street right near the curb. We called and Walter came over to check it out. Shortly after, two workers came and corrected it. We appreciate that it was taken care of within a short time. This is what makes living in Kenilworth special. We love living here. ��

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese commended Officer Scanielo who was recently involved in a buy and bust operation in Kenilworth. Officer Scanielo worked in an undercover capacity purchasing illegal drugs from a person who was selling them to youths in our community.� In addition to the arrest of the suspect and his girlfriend, over $6300.00 in cash was seized along with a large amount of cocaine, ecstasy and oxycoton during the execution of the warrant.� Officer Scanielo went above and beyond the call of duty during this dangerous investigation and is being highly praised for it.� Councilman Pugliese also reported that Schering Plough donated $12,750.00 to the Police Department for the purchase of a new T-3 Motion Vehicle, which is a three wheel scooter type device.� Residents may have seen the vehicle at the Kenilworth Carnival.� He thanked Captain Scott Phillips who was instrumental in obtaining the funding for this purchase.� He also thanked the County Police for loaning the Borough a T-3 Motion Vehicle for the Kenilworth Street Fair. Councilman Pugliese read a letter from Kenilworth�s fearless senior citizen, Biagio Sciscione.� Mr. Sciscione is a Kenilworth resident who foiled an attempted burglary at his home. The letter

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reads as follows �My family and I would like to extend our deepest appreciation to the Kenilworth Police Department for the care, compassion and sincere concern demonstrated by the officers who came to our assistance after an attempted burglary in our home on September 20^th.� In particular we would like to applaud Sgt. Tim Dowd, Officer Chris Bryson and Officer Joe Scuorzo for their incredible effort, professionalism and thorough on the job performance.� We would also like to commend the entire Police Department for their prompt assistance and remarkable kindness during this difficult time.� The tireless efforts of your staff have alleviated much stress for our family throughout the course of this unfortunate experience.� We are so grateful for the department�s protection and service to this community.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Report is in order.� He said over the last several months our inspectors have been very busy.� During these economic times people are doing more improvements inside their properties.� Our inspectors are out there doing their inspections and working hard.� He reported there is still money in the Handyman Program and any seniors who have little jobs they need done should fill out an application and get it to Borough Hall.� He said he has a Master Plan meeting next week and he will report back on how that is going.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary read two letters praising our brave firefighters.� The first one said �Dear Chief Giordano, on behalf of the Township of Springfield, please allow me to express our thanks for your assistance for dealing with a fire that occurred at 91 Forrest Drive on September 29^th.� Your mutual aid rendered was invaluable and very much appreciated, VTY, Mark Fraenkel, Mayor of Springfield.� The second letter was from the State Police and read �Dear Chief Giordano, please extend my gratitude to the many firefighters from your department who responded August 19^th at 11:16 at night to a multiple car accident on the Garden State Parkway.� These firefighters represented you and your department in a commendable fashion and their efforts were greatly appreciated by Sgt. Stroud and our Critical Incident Management Unit North who responded to the incident as well.� VTY, Major Kevin Burke, Jr., Troop E Commander. Councilman Leary also extended his and the Mayor�s thanks and appreciation to the Kenilworth Fire Department.

Councilman Leary reported the Halloween Parade will be on Saturday, October 31, 2009 and will begin at 10:00 am at the Recreation Center.� There will be crafts on October 30^th at the Recreation Center at 7:00 pm for 4^th graders and younger.� Sign-ups are on line at [email protected].

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported there will be a blood drive on behalf of John Lafferty who is undergoing treatment for Leukemia.� The Blood Drive will be at the Kenilworth Recreation Center on Tuesday, October 20^th from 2:00 pm to 8:00 pm.�

For the month of September the Library had a book circulation of 2700 and the attendance was over 4900.� The Library will have a media drop outside for DVD�s.

Regular Council Meeting � October 14, 2009�� Page 4

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 10 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 Candarella moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky. �Upon roll call the vote was unanimous.

Ms. Lipke reported that there are typographical errors on two of the Ordinances. �On Ordinance 2009-20 is listed as $480,000.00 and should be $80,000.00.� Also on Ordinance 2009-21 it is listed as $426,000.00 and should be $26,000.00

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 a permit, and fees were received by the Building Department;

WHEREAS, it has been determined that the owner is a senior citizen and 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 to:

�� Amount of $128.00 to be refunded to the contractor.

�� Binsky & Snyder Service, LLC

�� 281 Centennial Avenue

�� Piscataway, New Jersey 08854

�� For Permit #09-00305 Block 82, Lot 16

�� Audrey J. Richards/Senior Citizen

�� 521 Washington Avenue

�� Kenilworth, NJ� 07033

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RESOLUTION NO. 3

Be It Hereby Resolved:�� That ATLANTIC FLAGS AND FLAGPOLES CO. be authorized to supply and install street decorations for the 2009 Holiday Season for a total price of $8,750.00, as listed below as per the attached Agreement.� Decorations to be installed on or before Thanksgiving.

�� 16 � 6� Silhouette Snowflakes

�� 10 � 4� Wreaths Deluxe

�� Payment for 2009 to be made as follows:

�� 50% Deposit Due Upon Confirmation��..$4,375.00

�� 50% Due Upon Removal��$4,375.00

Prices are for a three (3) year contract (2007, 2008 & 2009). Also decoration of the front of Borough Hall is included in the price.

Be It Hereby 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:� Celebration of Public Events - #9-01-28-796-000

Certification of Funds:

Date:

Appropriation:

Treasurer:

RESOLUTION NO. 4

Capital Budget Amendment� (Copy Attached)

RESOLUTION NO. 5�

�� 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 on property located at 43 No. 12^th Street and known as Block 77 Lot 10, 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

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�� Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #09-00006 by the collector of taxes.

US Bank Cust for CCTS Capital

Tax Lien Service Group

2 Liberty Place

50 South 16^th Street-Suite 1950

Philadelphia, PA�� 19120

Redemption Amount

$5,280.53

Premium Amount

$400.00

RESOLUTION NO. 6

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

��

�� #968� Ken Carlson, Jr. Memorial Foundation, Inc. for a Casino Night on November 7, 2009 at Kenilworth VFW, 33 South 21^st Street, Kenilworth, NJ.

RESOLUTION NO. 7

RESOLUTION OF THE BOROUGH OF KENILWORTH AUTHORIZING THE STATE OF NEW JERSEY TO ENFORCE THE ELEVATOR SUBCODE

WHEREAS, the Borough of Kenilworth no longer finds it feasible to enforce the Elevator Sub Code; and

WHEREAS, the Borough of Kenilworth shall and hereby gives the State of New Jersey Elevator Safety Unit jurisdiction as of January 1, 2010 to enforce the Elevator Sub Code; and

WHEREAS, the elevator inspection cycles are February and August of each year.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey that as of January 1, 2010 the Elevator Sub Code Official will no longer enforce the Elevator Sub Code.

I, Hedy Lipke of the Borough of Kenilworth

do hereby certify this to be a true copy of a

Resolution passed by the Mayor and Council

at a meeting held on October 14, 2009.

__________________________�� ______________________

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RESOLUTION NO. 8

CHANGE ORDER

2007 ROADWAY IMPROVEMENTS

BE IT HEREBY RESOLVED:�� That the contract for �2007 Roadway Improvements� awarded to S. Brothers Contracting, Inc., is hereby amended as per Change Order #2 to add the amount of $41,193.35 for Lincoln Drive Road and Drainage Improvements as recommended by Borough Engineering Associates.� The total contract amount will now be $973,170.55.

BE IT FURTHER RESOLVED that the Mayor be authorized to sign and Change Order.

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 is attached.

Certification of Funds:

Date:

Appropriation:

Finance Officer:

RESOLUTION NO. 9

CHANGE ORDER

2008 ROADWAY IMPROVEMENTS

BE IT HEREBY RESOLVED:� That the contract for �2008 Roadway Improvements� awarded to L&L Construction Group, is hereby amended as per Change Order #1 to reduce the amount of $4,073.72 for North 22^nd Street and North 11^th Street Roadway Improvements as recommended by Borough Engineers Grotto Engineering Associates.� The total contract amount will now be $316,591.28.

BE IT FURTHER RESOLVED that the Mayor be authorized to sign said Change Order.

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 is attached.

RESOLUTION NO. 10

BE IT HEREBY RESOLVED:� That CAROL A. KOPYTA be employed as a Part Time Clerk replacing a current part time clerk for the Fire Department and Fire Prevention Bureau at a rate of $10.00 per hour.

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Proposed Ordinance No. 2009-18 was read for second reading as follows:� (Copy appears in

Minutes of September 9, 2009)

ORDINANCE NO.� 2009-18

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

��

Mayor Fiamingo stated this is a second reading on an ordinance that provides ranges for the various positions of Borough employees.�

Mayor Fiamingo opened the hearing on Ordinance 2009-18 and asked if anyone wished to speak relative to this Ordinance to please step forward, state their name and address for the record.

Herb Michitsch, 725 Monmouth Ave. � Mr. Michitsch stated the salary ranges are out of order.� He said as an example the secretary/record clerk for the Police Department was increased by $8,000.00 and the Borough Clerk was increased by $10,000.00 and the biggest one was for the Building Inspector from $3,000.00 to $25,000.00.� He said in this economic climate and since the Borough had problems with the budget that this is totally out of order. He said some of the increases are in excess of 15%.� He said once you put these ranges on record they do not come down. He said he realizes they are only ranges but in this climate those increases in ranges are not warranted and if anything they should have been frozen from the last ordinance.� The Mayor said the last change in the ordinance was in 2006. Mr. Michitsch said he thought it was done in 2008.� He said the taxes have gone up and this is not the time to give out raises especially those kinds of raises.� He said those are not raises but once you put something on paper it is promise that you are going to fulfill.� He said you are not going to say next year that the ranges are going to go back from $50,000.00 to $32,000.00, nothing ever goes down.� Mr. Michitsch asked why the Borough is giving raises to employees based on years of service? He said this has nothing to do with merit. He said if someone in town has 25 years of service you tack on an automatic 10% increase to their salary?� He said this is ludicrous in today�s society. ��He said does not know of anyone in industry that has been given a 10% increase.� The Mayor said this is only for employees hired before January 1, 1996. She said this longevity pay was in effect prior to January 1, 1996 and the employees that were on board at that time had already earned this longevity pay.� Mr. Michitsch asked if someone is still employed today do they still get the 10%?� The Mayor responded by stating that is what they were promised in 1995. Mr. Michitsch commented that this is not a merit raise it is automatic raise and that does not happen in the real world. He said when he sees his taxes raise continuously he questions what is going on in the Borough.� He asked the Mayor if she knew what the increase was this year in social security?� He said they got zero percent and the Borough is giving 10% increases.� The Mayor said that this Ordinance was amended in 1996 to provide that anyone hired after January 1, 1996 would not get the longevity pay.� She said she does not know how many employees are currently in the longevity pay system but they were promised longevity pay back in 1995.� Mr. Michitsch asked if that Ordinance can be rescinded?� He said towns are laying off people, freezing salaries and we are giving money away needlessly.� He said for the record, he is opposed to the passage of this ordinance.

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Livio Mancino, 102 North 24^th Street � Mr. Mancino said that by statute you cannot reverse the stipend for longevity pay.� Harvey Fruchter added that this is a contractual obligation.� Mr. Mancino asked how the Borough compares to other communities in regards to the salary ordinance.� He stated that Councilman Joho should have compared the salaries to other townships. Councilman Joho replied that we are generally in the ranges of the surrounding communities.� Mr. Mancino said that it would be in Councilman Joho�s best interest to be prepared so that if a question like this arises, he can give a correct answer.� Mr. Mancino said there are a lot of communities higher than this and a lot are lower. He said that Councilman Joho should be able to state that the ranges are similar to, for example, Roselle Park or Cranford. Mr. Mancino said he is not opposed to the salary ranges, he thinks the Borough Clerk and her staff should have a range for their salaries.� He said he is more opposed to the fact that the Borough would give union employees raises and not the non-union employees.

No one else desiring to be heard, the Mayor closed the hearing on Ordinance No. 2009-18.

RESOLUTION NO. 11

Introduced by Kevin Leary, Jr. adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2009-18 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call:� Candarella voted yes, Joho voted yes, Klinder voted no, Leary voted yes, Pugliese voted yes, Sosnosky voted no.

Proposed Ordinance No. 2009-19 was read for second reading as follows:� (Copy appears in

Minutes of September 23, 2009)

�� ORDINANCE NO. 2009-19

BOND ORDINANCE PROVIDING FOR THE ACQUISITION AND INSTALLATION OF A POLICE DESK, APPROPRIATING $76,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $72,200 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID IMPROVEMENT, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this is a second reading on a bond ordinance which provides for the purchase and installation of a much needed police desk. �

The Mayor opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-19.

Herb Michitsch, 725 Monmouth Avenue � Mr. Michitsch asked what the Borough was doing regarding the police desk.� Councilman Pugliese reported the police desk is broken in half and most of the drawers don�t open. The Mayor added it is not just the desk that is being replaced

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but also the communication system. Mr. Michitsch asked what the desk was made of? Councilman Pugliese responded by stating it is made from particle board. The Mayor said it is the dispatch desk which includes communication equipment.� Mr. Michitsch asked what exactly is in a communication desk? The Mayor said she did not have the quote in front of her and she could not specify what specifically is included in the purchase of the desk.� Mr. Michitsch asked what specifically is wrong with the desk they have now? Councilman Candarella stated it is antiquated.� Mr. Michitsch said he has a telephone that is rotary and he still uses it because it works.� Councilman Klinder stated that a lot of police cars are going to a 800 mega hertz system and it is a whole different communication system.� He said a lot were on VHF.� He said his department just went to 800 mega hertz.� The Mayor stated the communication equipment is our life line to the safety of our community.� Mr. Michitsch said he is all good for updating technology but the Borough is bonding $76,000.00 and that is added on to the bonds that were added over the last ten months.� Mr. Michitsch asked if the Mayor knew how much money was bonded over the last ten months?� She responded by stating that this year�s Capital Budget was under one million which was the same as last year and the year before.� Mr. Michitsch said there was a bond for $470,000.00 for 31^st Street.� The Mayor said she does not believe that was the amount but the Borough did receive grant of $175,000.00 for South 31^st Street.� Mr. Michitsch said there were also bonds for trucks for $76,000.00.� The Mayor said the truck bonds were last year.� Mr. Michitsch said he is all for updating technology but these are tough times and sometimes you have to put things off and you can�t just keep spending.� The Mayor stated the Borough has put quite a few things off.� Mr. Michitsch said these two gentlemen were going to introduce innovative and out of the box solutions and he has not seen anything that smacks of reduced spending.� The Mayor responded by stating that does not have anything to do with this ordinance and Mr. Michitsch said yes it does because it means we are spending.� The Mayor said yes we are spending on a police desk that is totally needed.

Bob Herbert, 363 Coolidge Drive � Mr. Herbert commended the Mayor and Council for this ordinance because anything to do with the Police Department that increases the safety of our policeman and women is good.� He said it is good spending for quick response to public safety.� He said part of being an official is having to make tough decision.� He said he is in favor of anything that helps protect and serve the people and the patrolman that sit behind that desk. He said Trenton does not stop spending in tough times, they keep throwing money away.

No one desiring to be heard, Mayor Fiamingo closed the hearing on Ordinance No. 2009-19.

RESOLUTION NO. 12

Introduced by Fred Pugliese adoption moved by same

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2009-19 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call all in favor.

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Proposed Ordinance No. 2009-20 was read for second reading as follows:� (Copy appears in

Minutes of September 23, 2009)

ORDINANCE NO.�� 2009-20

BOND ORDINANCE PROVIDING FOR THE REPAIR OF A SECTION OF SANITARY SEWER, APPROPRIATING $80,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $76,000 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID IMPROVEMENT, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this is a second reading to bond for the emergency repairs to the sewer along South Michigan Avenue.

The Mayor opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-20.

No one desiring to be heard, Mayor Fiamingo closed the hearing on Ordinance No. 2009-20.

RESOLUTION NO.13

Introduced by Toni Sosnosky adoption moved by same

Seconded by Scott Klinder��

Be It Hereby Resolved: that Proposed Ordinance 2009-20 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call all in favor.

Proposed Ordinance No. 2009-21 was read for second reading as follows:� (Copy appears in

Minutes of September 23, 2009)

ORDINANCE NO. 2009-21

�BOND ORDINANCE APPROPRIATING $26,000 FOR COMPLETION OF THE FIRE HOUSE AND AUTHORIZING THE ISSUANCE OF $24,700 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID IMPROVEMENT, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this is a second reading for an ordinance to pay for minimal improvements at the Fire House in the amount of $26,000.00.� She said most of the improvements that were made to the Fire House were made by the Fire Department through donations. �

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The Mayor opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-21.

No one desiring to be heard, Mayor Fiamingo closed the hearing on Ordinance 2009-21.

RESOLUTION NO. 14

Introduced by Kevin Leary, Jr. adoption moved by same.

Seconded by Brian Joho.

Be It Hereby Resolved: that Proposed Ordinance 2009-21 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call all in favor.

Proposed Ordinance No. 2009-22 was read for first reading as follows:� (Copy attached)

�� ORDINANCE 2009-22

BOND ORDINANCE AMENDING IN ITS ENTIRETY BOND ORDINANCE NO 2009-15, ADOPTED JULY 22, 2009 AND ENTITLED: �BOND ORDINANCE PROVIDING FOR THE 2009 ROAD PROJECTS IN THE BOROUGH, APPROPRIATING $470,000 THEREFOR 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� TO INCREASE THE APPROPRIATION TO $840,000 AND THE AUTHORIZED BONDS/NOTES TO $631,750 AND TO MAKE SUCH OTHER CHANGES AS NECESSARY FOR SAID PROJECT AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH.

Mayor Fiamingo stated this is a first reading on an ordinance to increase the amount of the bond necessary to do road improvements.� She said there was a miscommunication between the Bond Council and as a result we are required to amend this ordinance.� The second reading will be on October 28^th. �

RESOLUTION NO. 15

Introduced by Brian Joho adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved:�� That Proposed Ordinance No. 2009-22, be and the same is hereby passed on first reading and ordered published for final reading on October 28, 2009.

Upon roll call, all in favor.

Regular Council Meeting � October 14, 2009�� Page 13

Proposed Ordinance No. 2009-23 was read for first reading as follows:� (Copy attached)

ORDINANCE NO. 2009-23

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING AND SUPPLEMENTING THE EXISTING CHAPTER 163 (SITE PLAN REVIEW) OF�� THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION,�� STATE OF NEW JERSEY

Mayor Fiamingo stated this is a first reading on an ordinance to amend the zoning ordinances to allow for minor site plans.� The second reading will be on November 12, 2009.

RESOLUTION NO. 16

Introduced by Sal Candarella adoption moved by same.

Seconded by Fred Pugliese

Be It Hereby Resolved:�� That Proposed Ordinance No. 2009-23, be and the same is hereby passed on first reading and ordered published for final reading on November 12, 2009.

Upon roll call all in favor.

RESOLUTION NO. 17

Introduced by Sal Candarella adoption moved by same.

Seconded by Fred Pugliese

BE IT HEREBY RESOLVED: That all non-union employees of the Borough of Kenilworth receive a 3% salary increase for year 2009 retroactive to July 1, 2009, except that, per State Statute the Tax Assessor, Tax Collector, Finance Officer and the Borough Clerk receive 3 �% salary increase for the year 2009, retroactive from January 1, 2009.

Roll Call: Candarella voted yes, Joho voted yes, Klinder voted no, Leary voted yes, Pugliese voted yes, Sosnosky voted no.

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

MEETING OPEN TO THE PUBLIC

Bob Beiner, 36 South 24^th Street � Mr. Beiner commended Councilwoman Sosnosky and Councilman Klinder for voting no on Resolution No. 17.� He said that no non-union people should be getting pay raises because we can�t afford it.� He said we just had a million dollar plus budget deficit and we just sold a million dollar asset because Kenilworth is basically broke and we also had to apply for Extraordinary Aid this year. He said we should be running the Borough like a private sector company.� He said if you work for a private sector company that is not doing well, you don�t get a pay raise.� He said every non-union person understands that.� He

Regular Council Meeting � October 14, 2009�� Page 14

said he is a non-union worker and he knows what it is like to work for a company where most of the workers are unionized and that company ultimately closed because the union members did not want to give any give backs.� He said the non-union person would have given back everything to keep their job. He said it is fiscally irresponsible to give any pay raises to non-union workers.� He said he would say that to any Mayor whether they are Democratic or Republican.� He said residents received a letter from the Mayor in their tax bill that said we are in tough economic times and we have to make tough decisions and he agrees with that.� He said this is not a tough decision and we should not be giving any percent increase to non-union people.�

Livio Mancino, 102 North 24^th Street � Mr. Mancino said he was disappointed in the leadership of the Recreation Department. He said they have great people that are working very hard but they do not have good leadership. He said that Councilman Leary should have the Recreation stimulate some new programs like they do in other towns.� He said they should have more clinics like basketball and also adult basketball.� He said the school is willing to open the gym but the Recreation needs to start the program.� Councilman Leary responded by stating that Recreation Director Scott Pentz is doing a very good job.� He has a tough time with the budget he has, it is not a large budget compared to some of the other communities surrounding Kenilworth.� He said there were problems this year because some of the activities they normally would have had they were not allowed to have because of the construction at the school.� He said they have made up for that by sponsoring other events like Turtle Back Zoo and Land of Make Believe trips.� He said he has had a lot of positive feedback from residents. He said they can always strive to do better but with what they have had to work with, he believes Director Pentz has been doing a good job.� He said if there are things that people would like to bring to his attention, he is more than happy to entertain them.� Mr. Mancino said the Recreation Department has not had any new innovations. He said they should not have paid for the wrestling program.� He said when the recreation used the school the caretakers from the Recreation Committee were horrible and there were kids running around with no supervision.

Mr. Mancino stated to Councilman Pugliese that there is a problem on Washington Avenue on either 21^st or 22^nd streets.� He said a crosswalk is not in the proper place or is lacking and some children have had close calls with cars.� He asked Councilman Pugliese to have the police department call Mr. Gonnella and then take a look at it. He also asked Councilman Pugliese to have the police check as to why the buses for school athletic programs are parking near the gate.� He said it is an annoyance to the residents.� Mr. Mancino asked if the Borough was running the Octoberfest?� The Mayor responded that the Borough is utilizing the services of J.C. Promotions.� He asked how much are we paying them and the Mayor responded by stating that J.C. Promotions take in the money and the Borough receives a percentage.� Mr. Mancino said if they take in more money than the Borough then he wants a detailed accounting of how much comes in and who gets what.� Mr. Mancino asked Councilman Candarella what is going on with the Planning Board why are they granting variances to hardship cases.� He said they are giving a variance for a two family house because a man is sick? He said that is not a reason for a variance.� He said they are granting permission to build apartments above the stores on the Boulevard.� He said where are the children going to play and where are the people going to park?� He said they are rubber stamping variances. �He commended Councilman Candarella and Mr. Pantina for voting no on these apartments.� Mayor Fiamingo stated that this matter went before the Board of Adjustment and neither Mr. Candarella or herself sit on that board.� She

Regular Council Meeting � October 14, 2009�� Page 15

also said that Mr. Mancino should have voiced his opinion at the meeting of the Board of Adjustment and not at this Council Meeting. Mr. Mancino said the Mayor appoints these people that are sitting on the Board and they have no background or qualifications on zoning issues.� Mr. Mancino said the Borough has gone up over 20 points in taxes and the Borough has never had such an increase and he is labeling the Mayor and Council Runaway Tax People.

Frank Pugliese, 235 North 13^th Street � Mr. Pugliese said the Mayor and Council are doing a great job because they kept their promise.

Herb Michitsch � Mr. Michitsch said that passing the salary ordinance is fiscally irresponsible.� He said in this economic climate when other towns are laying people off and trying to keep their spending down, we have runaway taxes here.� He said it may only be 3% and he does not know how many people it involves but the Borough has to control it�s spending.� He said these two gentleman were all about innovative methods and new management techniques and nothing is happening. He said he is disappointed at his tax bill because it did go down but it also went up 6 �%. He said it cannot keep on going up, we have to cut spending. He said a couple of months ago you people passed a resolution that you were going to provide health care benefits to� spouses.� The Mayor said that was by contract from 1980 by which we had a contractual obligation to a police officer�s widows. Mr. Michitsch said that no industry does that and if something happens to him, his wife is on her own.� Councilman Klinder said most police departments have this in place. The Mayor said that is the power of the PBA and FOP and collective bargaining. Mr. Michitsch said someone needs to enforce the pedestrian walk signs on the Boulevard.

John Bury, 417 North 15^th Street - ��Mr. Bury said the Borough used to have adult basketball and he asked if there was any way to have it back again?� Mayor Fiamingo said she would look into it.� He asked how to get something on Channel 26/36?� The Mayor asked him to give her what he wants to put on TV 36.� Mr. Bury asked the Mayor if anyone was suing Kenilworth?� The mayor said there are two suits that she recalls off hand, one is Occidental Petroleum which is suing the DEP and 800 municipalities and the RVSA.� Their allegation is that our use of the RVSA polluted the Passaic River which is upstream from us.� She said the second suit involves Clark, which is suing the RVSA for assessments and they have included us as part of the suit because we are a member municipality of the RVSA.� She said there might be a tax appeal or two sitting out there.� He said he checked the New Jersey Civil Web Site and these were not any suits under Union County. The Mayor said one of the suits is in Essex and the other one is in Union County. Mr. Bury asked what process the Borough uses for appointing special council for these types of suits?� The Mayor said we do not use outside council unless we absolutely have to.� She said when it is an insured claim we go through the insurance company and they assign council.� She said neither of these suits are covered by any insurance policy and Mr. Fruchter is handling the defense.� Mr. Bury asked when was the last time the Borough used outside counsel?� The Mayor said she does not recall but they do use labor counsel and tax appeal counsel.� He asked if discrimination suits were covered by the Borough.� The Mayor said she believes that is covered under the Borough�s insurance coverage.� The Mayor said they have used special council for inreim foreclosures for certain parcels where the taxes have not been paid.

Regular Council Meeting � October 14, 2009�� Page 16

Motion was made by Councilman Joho, seconded by Councilman Pugliese to close the meeting to the public.

GENERAL BUSINESS

The Mayor said she is happy to hear that Mr. Mancino is volunteering to provide some additional recreation programs and she looks forward to hearing from him on that.� The Mayor responded to the comment that was made regarding run away taxes.� She said in 2006 when she was not Mayor the budget increased by almost one million dollars and in 2007, when she was not in office, the budget increased by $825,000.00.� She said in the last two years the budget has increased $659,697.00. The� Mayor said the �run away tax� comment is not correct. She would like residents to know that the Borough is not spending more, the economic times are such that the revenues are not coming in.� The Mayor also mentioned that they are not giving a 3% raise to our employees unfortunately, they are getting 1 �% because it is only retroactive to July 1, 2009.� She said the Council has made concessions and this amount is approximately $16,000.00 which is less than 1 tax point.� She said these are people who do not make top of the line money.

Sal Candarella said as a parent of a nine year old he concurs �with Councilman Leary that the Borough has a great Recreation Department.� They work hard, they do a good job and they have a lot of programs.� Also he said the Planning Board and the Board of Adjustment positions are voluntary jobs.� He said they work hard and make decisions from the heart and they are looking out for the benefit of Kenilworth.� He said they are volunteers and it is not right for someone to come up and knock them because they are good hard working people. Councilman Candarella encouraged everyone to come out to see Four Centuries in a Weekend at the Nitschke House this weekend.

Councilman Joho said it is responsible for the Mayor and Council to have a yearly Capital Budget whether it is poor economical times or not.� He said we have to continue to invest in our municipality whether it�s for infrastructure, sewer lines, streets, trucks or even a police desk.� He said you have to have a schedule of these events for replacement because if you let it back up and start to neglect things you end up with emergency situations and that is something we would not want to do.� He also said the non-union, non statuary employees received a 1 �% raise which is approximately $16,000.00 and as far as the statutory works, we were obligated to give them 3/12%. He said based on the average home assessment of $175,000.00, there was an increase of $325.50 and that is inclusive of the municipality, the board of education, the county and open space.� He said compared to prior years, last year they came in lower at $210.00 but if you look at the prior 3 years before this administration was in existence, the average from 2005 to 2007 was $346.50. He said the Borough is keeping expenses contained as much as they can even though the cost of services have gone up and we have contractual obligations.� He said the cost of living continues to go up in the Borough as it does in your own households.

Councilman Candarella clarified that the police desk is not just a piece of wood, it is a communication center.� He said a few of the council people went down to see the desk and it was antiquated.� He said the piece of equipment is very much needed.�

Regular Council Meeting � October 14, 2009�� Page 17

Councilman Pugliese said the Police Department sent a Lt. to a training session on how to operate a sting enforcement of vehicles that do not stop for pedestrians in a crosswalk.� The Borough had a sting operation on the Boulevard where an undercover police officer with a bright yellow jacket would walk across one of the crosswalks and if the vehicle did not stop for him, another officer would be further along the Boulevard and would pull over and issue a summons to the driver.� He applauded Lt. Grady on his efforts.� He said in regards to this administration having out of control spending, he stated that this administration has asked employees to contribute to their health benefits. They have received concessions from the PBA contract, the DPW as well as our non-contractual employees. He said they will all, during the course of their contracts, contribute toward their healthcare expenses, depending on the type of care. He said non contractual employees will begin contributing toward health care expenses in 2010 and the PBA will also contribute during the course of their contract.� He said this administration has cut down their increases in spending each year.� He said although the spending has increased, the rate of increase has decreased under this administration. He said this is despite the fact that the consent order that was entered into by the sewerage authority which essentially caused our contribution to the authority to increase expeditiously.� He said Governor Corzine has targeted municipalities with a population of less than 10,000.� In an effort to get us to merge with other communities, has cut our state aid by close to one million dollars.� He said he respectfully disagree with the comments made regarding our out of control council.� He said this Mayor and Council have worked hard and have done what we can with what we have.�
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ADJOURNMENT

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

9:10 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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