Council Minutes from 12/9/2009

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, DECEMBER 9, 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 Klinder, seconded by Councilman Leary, and carried that the minutes of the Work Session Meeting of November 10, 2009 and the Regular Meeting of November 12, 2009, be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

Motion made by Councilman Leary to open the hearing on Year 36 Community Block Grant, seconded by Councilwoman Sosnosky.� All in favor.

PUBLIC HEARING ON YEAR 36 COMMUNITY DEVELOPMENT BLOCK GRANT

Mayor Fiamingo reported that for Grant Year 36 the Borough is submitting four applications.

1. Application for a Senior Citizen Chronic Illness Program for $2280.50

2. Application for Senior Citizen Handyman Program for $5,000.00

3. Application for the Senior Citizen Program for $16,000.00

4. Application for the Senior Citizen Program for Handicap Access & Walkway Improvements ($50,000)

5. Application for Handicap Ramps ($20,000).

�

Mayor Fiamingo advised this is a public hearing on these applications and if anyone in the audience has any questions or comments relative to these five grants, to please step forward state their name and address for the record. Seeing no one Mayor Fiamingo closed the hearing on Year 36 Community Development Block Grants.

Mayor Fiamingo asked for a motion from the floor to approve the Year 36 Community Development Block Grant Applications.�

A motion was made by Councilman Joho to approve the submission of the above Year 36 Community Development Block Grant Applications. Motion seconded by Councilwoman Sosnosky.� All in favor.��

Motion made by Councilman Candarella, to close the hearing on Year 35 Community Block Grant, seconded by Councilman Joho.� All in favor.

�

Regular Council Meeting � December 9, 2009�� Page 2

COMMUNICATIONS AND PETITIONS:

Letter from Finance Officer/Tax Collector Nancy Nichols announcing her intention to retire as of December 31, 2009.
Rahway Valley Sewerage Authority Newsletter � copies available in the Borough Clerk�s Office.
The Reorganization Meeting will be held on Sunday, January 3, 2010 at 1:00 P.M.

REPORTS

1. Municipal Court Report for the month of October, 2009.

2. Police Department Report for the month of November, 2009.

3. Construction Department Report for the month of November, 2009.

4. Borough Clerk�s Report for the month of November, 2009.�

It was moved by Councilman Pugliese, seconded by Councilman Joho 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 reported that Breakfast with Santa and the Tree Lighting ceremonies were very successful.� She thanked the Pride in Kenilworth Committee especially Kassie Joho who is the chair of that committee.� She also thanked Darlene Candarella, Barbara Herbert and Olga Hackett for helping to make it a successful event.� She thanked all the merchants and individuals who were so kind in donating monies to the Pride in Kenilworth Committee.� Those funds not only helped with Breakfast with Santa but they also help fund �the Fireworks Celebration and the Octoberfest. The Mayor also thanked the Senior Citizens, especially Barbara Morison for assisting with the Tree Lighting Ceremony.� Barbara was kind enough to play Mrs. Clause and she read to the children at the Breakfast with Santa. She said Barbara and Loretta were very helpful in keeping the Senior Citizen Center open for refreshments before the Tree Lighting.��

The Mayor reported that unfortunately, the Borough received notification that Nancy Nichols, the Borough�s Finance Officer, will be retiring as of the end of the year.� She said Councilman Joho and herself have been interviewing several individuals for a replacement and she feels they will be able to hire a very competent individual without any lapse in service.

Mayor Fiamingo reminded everyone the Re-Organization Meeting will be Sunday, January 3, 2010 at 1:00 PM.� The Council will be honoring both the Employee of the Year and the Volunteer of the Year.� The volunteer of the year is Scott Vanek, who painted the inside and outside of the Recreation Building.� She said he did a wonderful job and the colors look great.� Also the Council will be honoring the Senior Citizen Handyman, John Hathaway for his services as Employee of the Year.

The Mayor reported that FEMA, Federal Emergency Management Association has retained surveyors to survey the creeks and brooks for a new flood map.� She said if you see surveyors

Regular Council Meeting � December 9, 2009�� Page 3

in the area, they should have proper ID and if you are not satisfied with their identification then you can call the Police Department.

The Mayor said the Salvation Army Kettle is going to be at the A&P the week of December 19^th and they are looking for volunteers to man the kettle.� If anyone is available, please call Paulette Drogan.�

Mayor Fiamingo requested a moment of silence for a Borough resident who recently passed away. Stanley Orzeck was a resident who attended many council meetings and he will be missed.�

DEPARTMENT OF FINANCE

Councilman Joho reported that Governor Corzine and his administration have sent the Borough an early Christmas gift, something akin to coal in our stocking.� In their attempt to plug a one million dollar deficit in the State�s current budget, they have withheld 20.6 million dollars from municipalities.� That is the final 5% payment from the Consolidated Municipal Property Tax Relief Act funds.� He said what that means for Kenilworth is that it equates to a reduction of $13,864.10 which the Borough we will need to absorb in their current budget.� He said Merry Christmas from Governor Corzine.� He said the Borough had a Bond Anticipation Note sale yesterday in the amount of $3,482,000.00 at 1% interest.� The Borough is benefiting from the low interest rates that are out there.� Councilman Joho reported the Borough received a report from the vendor for the Street Fair and there were 121 vendors which brought $3,554.00 in revenues to the Pride In Kenilworth. He said he thinks that is a record both in the number of vendors and revenues generated.� He said Nancy Nichols has given her notice and will retire at the end of the year.� He said she will be missed and he wished her all the best in her retirement.� He said they are very diligently trying to fill the position.� He said there are many candidates and the Borough is benefiting from the economy because there are a lot of people looking for jobs.� He said the Borough will have a pretty decent pool of people to choose from.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported Joseph Woods from the DPW will be retiring at the end of the year.� She wished Mr. Woods well in his retirement.� She reported that through the cooperation of the Union County Shade Tree Department, specifically Mr. James Kelly, she was able to replace all the missing trees along the Boulevard business district.� Hopefully this spring there will be a lot more green along the Boulevard.� In addition she was able to have the unsightly tree stump in front Borough Hall removed.� She thanked Mr. James Kelly for his prompt and courteous response to the Borough�s request.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that approximately one half of the entire Police Force did not use a single sick day over the past calendar year.� The officers are, Captain Scott Phillips, Lt. Ken Grady, Lt. Billy Hannon, Sgt. Matt Devlin, Detective� Sgt. Tim Dowd, Sgt. John Zimmerman, Traffic Officer Wayne Fennes, Detective Fred Soos, Officer Paul Campanelli, Officer Bobby Cox, Officer Danny Sims, Officer Mike Scanielo, Officer Joe Balwierczak, Officer Joseph Scuorzo and Officer Ed Paster.� He said this outstanding sick time record is the best in Union County and perhaps one of the best in the entire State.� The Police Chief and the Governing

Regular Council Meeting � December 9, 2009�� Page 4

Body would like to commend these officers for their dedication and duty.� In addition Councilman Pugliese read a portion of a letter from the Union/Essex Auto Theft Task Force

commending Patrolman Robert Cox for his bravery and good work.� The letter read �For your exemplary, exceptional and meritorious service in the apprehension of� Tical Windor, the driver of a stolen Dodge Ram Pickup and Ticen Jamison, the passenger of the stolen pick-up.� Even though hand guns were pointed at responding officers, no shots were fired.� You are to be commended on your bravery and professionalism�.� The letter was signed by Sgt. Tony DeLuca, Commander of the Joint Auto Theft Task Force.� Councilman Pugliese commended Patrolman Bobby Cox for his bravery and good sense in that situation.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Report is in order.� He read a report from Bob Herbert the Borough�s Zoning Officer.� There were 15 zoning reviews last month and 18 property maintenance violations, several re-inspections, five people were caught working without a permit and they also found four illegal multi-family homes.� Councilman Candarella reported the Master Plan Committee has had two very good meetings in the last two weeks.� One was with the entire Planning Board and Board of Adjustments and one with Mayor and Council.� They are still in the process of taking in information and early next year in January or February, they will be scheduling a meeting for the public for their input for the new Master Plan.�

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported that Breakfast with Santa was a terrific event and he thanked the Pride in Kenilworth Committee and everyone on the Recreation Committee for all their hard work.� He said the Recreation Department is sponsoring four events:� Friday, December 11^th from 7:00 PM to 9:00 PM they will have Recreation Night for 3^rd and 4^th graders, Friday December 18^th from 7:00 PM to 9:00 PM will be Recreation Night for 5th and 6^th graders, Ice Skate Night will be on Saturday, December 19^th from 6-8 PM at Warinanco Park and Roller Skate Night will be on December 29^th from 7-9 PM at United Skate�s of America, Woodbridge. If anyone is interested in finding information about any Recreation events, they can visit www.kenilworthrecreation.com .

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Library�s attendance for the month of November was 4,725 people and book circulation was 2300.�

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 17 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.

Regular Council Meeting � December 9, 2009�� Page 5

Councilman Pugliese moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky. 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

Be It Hereby Resolved:� That the Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on January 13, 2010.

RESOLUTION NO. 3

Be It Hereby Resolved:� That the attached list of Retirees be reimbursed for their payments for Medicare coverage from July 1, 2009 through December 31, 2009 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 4

Whereas, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 7, 2006 for delinquent 2005 taxes, and a tax lien was purchased by on property located at 616 Clinton Avenue and known as Block 121 Lot 12, 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 to be refunded upon receipt of the original Certificate of Sale #05-00007 by the collector of taxes.

Daxuan Wang

11 Walnut Street

Livingston, NJ�� 07039

Redemption Amount

$1,351.40

Premium Amount

$ 0

Regular Council Meeting � December 9, 2009�� Page 6

RESOLUTION NO. 5

WHEREAS, Kenilworth Storage, LLC filed an appeal of their 2008 taxes in the Tax Court of New Jersey, and;

WHEREAS, the State Tax Court of New Jersey has issued a judgment in favor of the Kenilworth Storage, LLC� on October 23, 2009 and

WHEREAS, said judgment has resulted in an overpayment for the year 2008;

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 a refund as stated below.

Block�� Lot�� Owner/Address:�� Amount

�� 183�� 10�� Daniel G. Keough, Trustee�� $ 35,380.00

�� Kenilworth Storage, LLC

�� 783 Springfield Avenue

�� Summit, NJ�� 07901

�� TOTAL�� $ 35,380.00

��

RESOLUTION NO. 6

WHEREAS, the Assessor of Taxes has determined that Edward Wiese who owns

property located at 31 So. 19^th Street and known as Block 113 Lot 22 in the Borough of Kenilworth, County of Union, NJ qualifies for full tax exemption as a 100% disabled veteran, and;

WHEREAS, this property was billed for 2009 taxes prior to this determination, and;

NOW, THEREFORE BE IT RESOLVED that taxes in the amount of $4,512.50 billed for the year 2009 taxes be and are hereby cancelled, and

The Collector of Taxes made said adjustment on the tax record of Block 113 Lot 22

for 2009 taxes billed.

Regular Council Meeting � December 9, 2009�� Page 7

RESOLUTION NO. 7

WHEREAS, Karen and Aaron Saiewitz refinanced their home at 282 Lincoln Drive, Kenilworth, NJ, and;

WHEREAS, both Wells Fargo Bank and their attorney paid fourth quarter taxes at the refinance and;

WHEREAS, Karen and Aaron Saiewitz have requested that the overpayment of fourth quarter be sent to them;

Block�� Lot�� Owner/Address:�� Amount

�� 97�� 19�� Karen & Aaron Saiewitz�� $� 1,799.27

�� 282 Lincoln Drive

�� Kenilworth, NJ�� 07033

�� TOTAL�� $� 1,799.27

RESOLUTION NO. 8

WHEREAS, Rafael and Dania Santana had fire damage to their home, and;

WHEREAS, the Tax Assessor appealed their assessment to the County Board of Taxation, and;

WHEREAS, said judgment was granted and has resulted in an overpayment in taxes for the year 2009;

Block�� Lot�� Owner/Address:�� Amount

�� 120�� 15�� Rafael & Dania Santana�� $� 2,692.45

�� 622 Kingston Avenue

�� Kenilworth, NJ�� 07033

�� TOTAL�� $� 2,692.45

��

Regular Council Meeting � December 9, 2009�� Page 8

RESOLUTION NO. 9

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

��

�� #971� Junior Woman�s Club of Westfield for an on-premise 50/50 raffle on February 27, 2010 at 33 South 21^st Street, Kenilworth, NJ.��

��

�� #972� Kenilworth Little League for an off-premise Merchandise Raffle on June 19, 2010 at Echo Lake Park, Westfield, New Jersey.

#02-10� St. Theresa�s Church to hold Bingo once a week on Fridays from January 8, 2010 to December 31, 2010 at 541 Washington Avenue, Kenilworth, NJ.

#03-10� St. Theresa�s Mother�s Guild to hold Bingo once a week on Sundays from January 3, 2010 to December 31, 2010 at 541 Washington Ave., Kenilworth, NJ.

#05-10�� St. Theresa�s Father�s Guild to hold Bingo once a week on Saturdays from January 2, 2010 to December 31, 2011 at 541 Washington Avenue, Kenilworth, NJ.

RESOLUTION NO. 10

RESOLUTION AUTHORIZING THE COMBINATION OF SEVERAL BOND ORDINANCES FOR VARIOUS GENERAL IMPROVEMENTS PURPOSES AND AUTHORIZING THE COMBINED SALE AND ISSUANCE OF BOND ANTICIPATION NOTES, IN AN AGGREGATE AMOUNT NOT TO EXCEED $3,482,000 OF THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

WHEREAS the Borough of Kenilworth (the �Borough�) adopted Ordinance No. 2007-11, No. 2007-13, No. 2007-12 (amended by No. 2008-10 adopted on June 25,2008) on November 28, 2007; and

WHEREAS the Borough adopted Ordinance No. 2007-14 and No. 2007 15 on December 18, 2007; and

WHEREAS the Borough adopted Ordinance No.2008-11 and No. 2008-12 on July 9, 2008; and

WHEREAS the Borough� issued $2,119,855 of Bond Anticipation Notes pursuant to the above ordinances on December 16, 2008, which mature December 16, 2009 (the �Prior Note�); and

WHEREAS the Borough adopted Ordinance No.2008-14 on August 27, 2008; and

Regular Council Meeting � December 9, 2009�� Page 9

WHEREAS the Borough adopted Ordinance No.2008-15 on September 24, 2008; and

WHEREAS the Borough adopted Ordinance No.2008-17 on October 8, 2008; and

WHEREAS the Borough adopted Ordinance No. 2009-22 on October 28, 2009 entitled 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 which authorized $631,750 of bonds or notes; and

WHEREAS the Borough adopted Ordinance No. 2009-16 on July 8, 2009 entitled 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 which authorized $232,750 of bonds or notes ; and

WHEREAS the Borough adopted Ordinance No. 2009-20 on October 14, 2009 entitled 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 which authorized $72,200 of bonds or notes ; and

WHEREAS the Borough adopted Ordinance No. 2009-19 on October 14, 2009 entitled 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 which authorized $76,000 of bonds or notes ; and

WHEREAS the Borough adopted Ordinance No. 2009-21 on October 14, 2009 entitled 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 which authorized $27,400 of bonds or notes; and�

Regular Council Meeting � December 9, 2009�� Page 10

WHEREAS, all of the afore listed Bond Ordinances are hereinafter referred to as the Bond Ordinance; and

WHEREAS, the Borough has determined that it is into the Borough�s best interest to renew a portion of the Prior Note and to issue notes the fund the ordinances adopted in 2009;

�NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, AS FOLLOWS:

�� Section 1. Pursuant to N.J.S.A. 40A:2-8, the following amounts of general improvement bond anticipation notes (�General Improvement Notes�) equaling $3,482,000� in the aggregate amount shall be issued at such date as determined by the Chief Financial Officer in accordance with this resolution pursuant the Bond Ordinance.

�� Section 2.� Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof, and in lieu of the sale of more than one (1)issues of notes as provided for in said Local Bond Law, the issues of bonds and notes of the Borough authorized pursuant to the Bond Ordinance of the Borough hereinabove set forth shall be combined into one� issue of Bond Anticipation Notes in the aggregate principal amount of $3,482,000.

�� Section 3.�� The following matters in connection with said Bond Anticipation Notes are hereby determined:

(a) All notes issued hereunder and any renewal thereof, shall mature at such times as may be determined by the Chief Financial Officer of the Borough, provided that any note issued pursuant hereto shall be issued for a period not to exceed one (1) year, but such notes, including renewals, shall mature and be paid not later than the tenth anniversary of the date of the original notes; provided, however, that no such note shall be renewed beyond the third anniversary date of the original notes unless an amount of such notes, at least equal to the first legally payable installment of the bonds of which said notes are issued in anticipation of, is paid and retired in accordance with the provisions of Section 40A:2-8(a) of the Local Bond Law.�

�� (b)�� All notes issued hereunder shall bear interest at such rate or rates as may be determined by the Chief Financial Officer of the Borough;

�� (c)�� The notes shall be in a form as permitted by law and approved by Bond Counsel, and issued pursuant to the Local Bond Law, and any such notes or any renewal thereof, may be signed or sealed by officers of the Borough in any manner permitted by Section 40A:2-25 of said Law notwithstanding what is otherwise set forth herein.

�� Section 4.�� The Chief Financial Officer of the Borough is hereby authorized and directed to determine all matters in connection with said Bond Anticipation Notes or any renewal thereof, not determined by this or a subsequent resolution and his signature upon said Notes shall be conclusive as to such determinations.

Regular Council Meeting � December 9, 2009�� Page 11

�� Section 5.�� The Chief Financial Officer of the Borough is hereby authorized to sell said Bond Anticipation Notes or any renewal thereof, from time to time at public or private sale in such amounts as he may determine at not less than par value and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to the date of delivery thereof and payment therefor.

�� Section 6.�� Any instrument issued pursuant to this resolution shall be a general obligation of the Borough, and the Borough�s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligation and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

�� Section 7.� The governing body of the Borough hereby covenants on behalf of the Borough to take any action necessary or refrain from taking any action in order to preserve the tax exempt status of the debt obligations authorized hereunder as is required under the Internal Revenue Code of 1986, as amended, including compliance with said Code with regard to the use, expenditure, investment, timely reporting and rebate of investment earnings as may be required thereunder.

�� Section 8.�� This resolution shall take effect immediately.

�

Upon motion of _________________, seconded by _____________, the foregoing resolution was adopted by the following vote:

�

�� GOVERNING BODY:

�

�� AYES:�

�� NAYS:�

�� ABSTENTIONS:�

�� ABSENCES:

�

I CERTIFY THIS TO BE A TRUE COPY OF THE ORIGINAL RESOLUTION ADOPTED BY THE GOVERNING BODY OF THE BOROUGH OF KENILWORTH AT A DULY CONVENED MEETING ON THE ___ DAY OF DECEMBER, 2009.

�

�� __________________________________

�� HEDY LIPKE, Borough Clerk

Regular Council Meeting � December 9, 2009�� Page 12

RESOLUTION NO. 11

WHEREAS, the Assessor of Taxes has granted Veteran Deductions for the 2009 tax year, and

WHEREAS, these deductions result in a tax overpayment on the tax record for the 2009 tax year,

NOW, THEREFORE BE IT RESOLVED that the Treasurer, after proper notation on the tax account record by the Collector of Taxes be and is hereby authorized to issue a warrant for refund of overpayment as stated below:

Veteran

Name�� Block�� Lot�� Address�� Amount

Michalski, Kenneth�� 14�� 19�� 450 Sheridan Ave.�� $250.00

Corcoran, John�� 45�� 8�� 218 No. 24^th St.�� $250.00

Zorich, William�� 142�� 10�� 145 So. 23^rd�� $250.00

RESOLUTION NO. 12

�

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 750 Vernon Ave. and known as Block 157 Lot 12, 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

US Bank Cust for CCTS Capital

Tax Lien Group, 2 Liberty Place

50 So. 16^th Street/Suite 1950

Philadelphia, PA�� 19102

Redemption Amount

$6,030.49

Premium Amount

$ 4,000.00

Regular Council Meeting � December 9, 2009�� Page 13

RESOLUTION NO. 13

WHEREAS, Thomas and Michelle Nguyen paid their taxes for their home at 70 So. Michigan Avenue, Kenilworth, NJ, and;

WHEREAS, both Wells Fargo Bank also paid fourth quarter taxes and;

WHEREAS, Thomas and Michelle Nguyen have requested that the overpayment of fourth quarter be sent to them;

Block�� Lot�� Owner/Address:�� Amount

�� 127�� 10�� Thomas and Michelle Nguyen�� $� 1,496.09

�� 70 So. Michigan Ave.

�� Kenilworth, NJ�� 07033

�� TOTAL�� $� 1,496.09

RESOLUTION NO. 14

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 appropriation to which or from transfers are prohibited under statute,

NOW, THEREFORE BE IT RESOLVED that the attached be approved and the Treasurer be and is hereby authorized to make the following transfers in the 2009 Municipal Budget.

BE IT FURTHER RESOLVED that the Governing Body will not meet prior to December 31, 2009, the Chief Financial Officer be authorized to transfer funds in accordance with aforementioned resolution thru December 31, 2009.

FROM:

Salary & Wages:

745�� Police Department�� $20,000.00

TO:

Salary & Wages:

770�� Solid Waste Collection�� $ 20,000.00

Regular Council Meeting � December 9, 2009�� Page 14

FROM:

Other Expenses:

705�� Financial Administration�� $� 3,000.00

710�� Tax Assessor�� $� 3,000.00

763�� Handyman Program�� $� 2,000.00

785�� Board of Health�� $� 2,000.00

796�� Celebration of Public Events�� $� 1,750.00

�� TOTAL�� $11,750.00

TO:

Other Expenses:

712�� Legal Fees�� $10,000.00

725�� Construction Code�� $�� 800.00

747�� Emergency Management�� $�� 100.00

776�� Shade Tree�� $�� 100.00

833�� Municipal Court�� $�� 750.00

�� TOTAL�� $11,750.00

RESOLUTION NO. 15

WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for the �2009 NJDOT/Capital Road Improvements�, and S. Brothers, Inc. P.O. Box 317, South River, N.J. 08882, having submitted a bid for alternates A & B (Boyd Terrace & Brasser Lane) in the amount of:

�� $364,588.25

NOW, THEREFORE, BE IT RESOLVED that the contract for the Alternates A & B for �2009 NJDOT Capitol Road Improvements� is awarded to S. Brothers, Inc. at a cost of $364,588.25 and the Borough Attorney is authorized to draw up the necessary contract and the Mayor and Borough Clerk are authorized to sign said contract.

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

Certification of Funds

Date: ___________________________________

Appropriation: ___________________________

________________________________________

Nancy Nichols, Finance Officer

RESOLUTION NO. 16

Be It Hereby Resolved that School Crossing Guards receive a salary increase to $17,00 per

hour as of January 1, 2010.

Regular Council Meeting � December 9, 2009�� Page 15

RESOLUTION NO. 17

Be It Hereby Resolved:� That JOHN DEVITO AND ROSE PICCINNINI be appointed as Regular School Crossing Guards and WILLIAM SEIBERT and DAVID MUNDY be appointed as Alternates for the Year 2010.

RESOLUTION NO. 18

Introduced by Fred Pugliese, adoption moved by same

Seconded by Toni Sosnosky.

Be It Hereby Resolved:� That the Governing Body of the Borough of Kenilworth ratify the

agreement with Police Chief William Dowd for year 2010 and that the Mayor and Borough Clerk

be authorized to sign said agreement.

Upon roll call: Candarella voted yes, Joho voted yes, Klinder voted yes, Leary voted yes, Pugliese voted yes and Sosnosky voted yes. ��

Proposed Ordinance No. 2009-24 was read for second reading as follows:� (Copy appears in

Minutes of October 28, 2009)

ORDINANCE NO. 2009�24

AN ORDINANCE AMENDING THE EXISTING CHAPTER 75 (CATS) and CHAPTER 83 (DOGS) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY AMENDING CHAPTER 75-15 and CHAPTER 83-22 (VIOLATIONS AND PENALTIES)

Mayor Fiamingo stated this is a second reading on an Ordinance that amends the penalty provisions.� It came to the Council�s attention that the minimum fines go back to the year of the flood and was set at $1.00 and we felt that the amount was insufficient in light of the work of the Dog Warden and Police in enforcing this Ordinance.� She said this change increases the penalty for the violation of not having your dog or cat licensed.�

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2009-24. She asked if anyone wished to speak to please step forward, state your name and address for the record.

Seeing no one wishing to speak, Mayor Fiamingo closed the hearing on Ordinance No. 2009-24

Regular Council Meeting � December 9, 2009�� Page 16

RESOLUTION NO. 19

Introduced by Councilman Pugliese, adoption moved by same.

Seconded by Brian Joho

Be It Hereby Resolved:� That Proposed Ordinance No. 2009-24, be and the same is hereby passed on second and final reading and ordered published according to law.

Upon Roll Call:� Candarella voted yes, Joho voted yes, Klinder voted yes, Leary voted no, Pugliese voted yes and Sosnosky voted yes.� Five in favor.

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

MEETING OPEN TO THE PUBLIC

John Shields, 12 North 21^st Street � Mr. Shields reported he has lived at his address for over 60 years.� He asked if he was correct in that the noise ordinance starts at 10:00 and is 50 decibals?� The Mayor said offhand she does not know but she thought it was earlier than 10:00.� Mr. Shields said approximately 2 � weeks ago he went to bed and heard a big roar.� He said a professional carpet cleaning service was cleaning the Golden Palace with a gasoline engine in a van was roaring away at 10:00 at night. He called the Police and complained. He said this past Saturday he went to bed and again was awakened by another noise.� He said the Golden Palace had a high pressure steam system cleaning the vents.� He said he called the Police Department again and waited in the cold for a patrol car to come. He said she came in 10 minutes, made a K turn, shinned the spot light on the back of the building and left.� He said he immediately called the police again and was told that the officer was investigating. He told the police that she was there and left and they said when she gets back they will find out what is going on.� He said the noise went on until 1:30 in the morning.� He said the first time the decimal reading was 80 and this time it was over 70 decimals.� He asked why is nothing being done. The Mayor said she was shocked that the noise is happening that late at night.� Mr. Shield said he also has a complaint about the noise of the DJ at the Street Fair, he said the speakers were right in front of the Liquor Store and the electricity was on the side street.� He asked why the fair could not be held at the school?� The Mayor said the school is not big enough.� She said the music was from 11:00 to 5:00 and she would take his complaint into consideration next year.� The Mayor said she will look into the noise late at night.� Mr. Shields said he does not have any trouble with Hershey�s Deli.

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

GENERAL BUSINESS

Mayor Fiamingo thanked Mike Revelosky and his wife Judy for playing Santa and Santa�s helper and all their help at the Breakfast With Santa. She also extended her best wishes to Nancy Nichols and Joe Woods on a happy and healthy retirement.�

Regular Council Meeting � December 9, 2009�� Page 17

The Mayor wished everyone a Happy Holiday and Happy New Year.� She said hopefully she will see everyone at the Re-Organization Meeting on January 3, 2010.

Councilman Pugliese thanked the Police Department and Rescue Squad for responding so professionally a couple of weeks ago when his son was severely injured.� They helped him and his wife get through a very difficult scenario at the time.

All the Council people wished everyone a safe and joyous holiday season and a healthy New Year.�

ADJOURNMENT

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

8:20 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��