Council Minutes from 1/13/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JANYARY 13, 2010.� 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 Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of December 8, 2009 and Special Work Session of December 9, 2009, the Regular Meeting of December 9, 2009 and the Reorganization Meeting of January 3, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Letter from Union County Utilities Authority stating that the Borough�s 2010 Tipping Fee will remain at $66.94 per ton for the year.
Letter from Joe Petracca, 236 North 13^th Street, requesting a tree be removed because of roots lifting his sidewalk.
Letter from Rahway Valley Sewerage Authority advising that an excess Flow Hearing (for exceeding our Flow Rights) will be held on February 25, 2010 at 7:00 P.M.

REPORTS

1. Municipal Court Report for the� month of November & December, 2009

2. Police Report for the month of December, 2009

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

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

5. Rahway Valley Sewerage Authority Meeting Minutes of October 15 & November 23, 2009.

It was moved by Councilman Candarella, 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 reported that at the Re-Organization Meeting on January 3^rd she sent out a request for volunteers for anyone who wanted to work on the Kenilworth Web Site and she would like to renew that offer.� Also if anyone is interested in volunteering on any of the other committees, ie Recreation Committee or Planning Board, please see her after tonight�s meeting.

Council Meeting Minutes � January 13, 2010�� Page 2

The Mayor reported she has been in touch with the Borough�s Rahway Valley Commissioner, Rich Loforte regarding the Excess Flow Hearing. She they will be discussing the issue with the Borough Engineer to determine a strategy for the hearing.

DEPARTMENT OF FINANCE

Councilman Joho reported he has received a preliminary Rahway Valley Sewerage Assessment figure for 2010 which for the first time reflects a decrease of $200,571.00 from the prior year.� He said this is a preliminary figure and he will keep everyone abreast when that becomes final.� The State also reversed their early December decision in regards to the Consolidated Municipal Property Tax Relief Act Funds and they did make that final payment to the Borough for $13,862.00.� The preliminary tax collection rate for 2009 is 99.01%. The Department of Public Works received $28,971.00 in grants during 2009 for recycling tonnage and clean community programs.� The Police Department received $19,667.00 in grants during 2009 for five different programs including the Click It Or Ticket and Hang Up and Drive programs.� The Finance Committee will be meeting with department heads to discuss the 2010 budget over the next few weeks.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the Department of Public Works 2010 blue information guide was mailed to all residents the first week of January.� Copies are available at the Department of Public Works and at Borough Hall.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported two incidents from the Police Department that shows that we have one of the best forces in the County.� The first instance occurred on December 31, 2009 when the Police Department responded to a house fire on North 20^th Street.� The first officers to arrive at the scene were Captain Scott Phillips and Patrolman Glen Sandull and Patrolman Joseph Scuorzo. The officers were informed that a woman was still inside the burning house on the second floor and her screams could be heard from the street.� Captain Phillips instructed Officers Sandull and Scuorzo to attempt entry to the second floor via an outside staircase.� This was after Officer Scuorzo was driven out by the smoke inside the front door.� Captain Phillips was able to enter the home through the front door and find his way to the second floor through thick smoke and zero visibility.� The Captain was then able to locate the resident and lead her through the front door to safety.� Thereafter the woman began to scream that she had pets inside the house.� Cpt. Phillips, without regard for his safety, re-entered the burning house and was able to rescue one of the cats.� Further attempts to rescue the additional pets in the home were unsuccessful until the fireman arrived and were able to do so with their air packs on.� He commended all three officers for a job extremely well done.

The second situation involved the Kenilworth Police Department getting information from the Garwood Police Department that a Kenilworth resident was depressed, intoxicated, and suicidal and possibly in possession of two handguns.� The Garwood Police further reported the individual stated that he would act aggressively to any individual that attempted to apprehend him.� Officer Scuderi and Paster continued to look for the suspect even though another community had already advised that the suspect was in their town.� Officer Scuderi and Officer Paster received information throughout the night from Officer Valerie Smith who was working

Council Meeting Minutes � January 13, 2010�� Page 3

the front desk.� A few hours later these officers identified the individual who was under surveillance. The officers apprehended the individual and discovered two loaded handguns.� Councilman Pugliese commended Officer�s Paster, Scuderi and Smith for their outstanding police work.� The suspect was taken into custody without injury.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Report was fine.� The report from the Zoning Officer indicated that over the last two months he found seven people working without permits.� He urged residents that before they do any major work in their houses to get a permit, it is for your own safety in making sure your contractor does the work correctly.� The Planning Board/Board of Adjustments had their Re-Organization Meeting and Board of Adjustments and he said they have a good group of people and he said he hopes they are going to have a good year.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary wanted to make residents aware of a fundraising letter they should be receiving from the Fire Department.� This is a very worthy cause and he encouraged residents to donate. He said the Fire Department is volunteer and they need funds to maintain the services they provide.� He thanked the officers that were able to respond to the fire on December 31^st on North 20^th Street. He said they did an exemplary job.� Councilman Leary reported this Friday is Recreation Night for 6^th and 7^th graders from 7:00 pm to 9:00 pm.�

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Kenilworth Historical Society is having a bus trip to Mohegan Sun Casino on Saturday, February 20, 2010.� If you are interested please contact the Kenilworth Historical Society.� Scotch Plains Vo-Tec is having a teeth cleaning for 55 and older and you can contact the Vo tech.� He said as of mid December the Health Department has given out over 1200 H1N1 vaccinations.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 13 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 Joho moved that all items under Consent Agenda be approved, seconded by Councilman Leary. Upon roll call the vote was unanimous.

Council Meeting Minutes � January 13, 2010�� Page 4

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, Restaurant Depot, paid for police outside duty and fees were received by the Kenilworth Police Department, and

WHEREAS, it has been determined that all dates were not covered by police officers and a refund is due,

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

Amount of $505.00 refunded to Restaurant Depot from acct #9-01-25-745-015:

Restaurant Depot

121 Market Street

Kenilworth, NJ 07033

RESOLUTION NO. 3

Be It Hereby Resolved:� WHEREAS, the Municipal Court�s check book shows outstanding checks.� These checks should be voided and the monies be turned over to the Borough of Kenilworth.

Now, Therefore, Be It Resolved that the Court Administrator is authorized to draw said warrants in the amount of $23.00 from the Court�s General Account and $158.00 from the Court�s Special Bail Account.

RESOLUTION NO.� 4

WHEREAS, First American R.E.T.S. paid the property taxes for the 3^rd and 4^th quarter of 2008 and the 1^st quarter of 2009 for the property at 101 Park drive, Kenilworth, NJ, and;

WHEREAS, American Home Mortgage Services, Inc. also paid the property taxes for the 3^rd and 4^th quarter of 2008 and the 1^st quarter of 2009 for the same property, and;

Council Meeting Minutes � January 13, 2010�� Page 5

WHEREAS, American Home Mortgage Services, Inc. has requested that the overpayment of the three quarters be sent 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 a refund as stated below.

Block�� Lot�� Payable To:�� Amount

�� 92�� 29�� American Home Mortgage Services, Inc.�� $� 5,997.87

�� P.O. Box 13922

�� Durham, NC 27709-9997

�� TOTAL�� $� 5,997.87

��

RESOLUTION NO. 5

WHEREAS, John and Carolyn Primavera paid their taxes for their home at 37 So. 17^th Street, Kenilworth, NJ, and;

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

WHEREAS, John and Carolyn Primavera have requested that the overpayment of fourth quarter be sent 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 a refund as stated below.

Block�� Lot�� Owner/Address:�� Amount

�� 111�� 9�� John and Carolyn Primavera�� $� 1,395.97

�� 37 So. 17^th Street

�� Kenilworth, NJ�� 07033

�� TOTAL�� $� 1,395.97

RESOLUTION NO. 6

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

property located at 250 No. 21st Street and known as Block 21 Lot 5 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;

NOW, THEREFORE BE IT RESOLVED that taxes in the amount of $5,494.99 billed for 2009 taxes be cancelled, and;

The Collector of Taxes made said adjustment on the tax record of Block 21 Lot 5.

Council Meeting Minutes � January 13, 2010�� Page 6

Edward Bartley

250 No. 21^st� Street

Kenilworth, NJ�� 07033

Amount:� $5,494.99

RESOLUTION NO. 7

�

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 R. Rothman on property located at 140 South 23^rd Street and known as Block 137 Lot 4, 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 #09-00012 by the collector of taxes.

R. Rothman

411 Grand Avenue

Englewood, NJ 07631

Redemption Amount

$13,004.83

Premium Amount

$ 7,100.00

RESOLUTION NO. 8

WHEREAS, the Borough of Kenilworth has hired Keith A. Bonchi, Esq. to perform the In Rem foreclosures in 2009; and,

WHEREAS, the authorized amount of $16,000 has been paid to Mr. Bonchi; and,

WHEREAS, it is the desire of the Borough to complete the foreclosures;

NOW, THEREFORE BE IT RESOLVED that the Borough of Kenilworth authorize Keith A. Bonchi, Esq. to complete the In Rem foreclosures at a cost not to exceed $8000.00.

Council Meeting Minutes � January 13, 2010�� Page 7

RESOLUTION NO. 9

Be It Herby Resolved:

WHEREAS, a fee has been collected for Raffle Application #972 in the amount of $60.00, and;

WHEREAS, the application has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to draw a warrant in the amount of $60.00 payable to the order of:

�� Kenilworth Little League

�� PO Box 114

�� Kenilworth, NJ� 07033

RESOLUTION NO. 10

Be It Hereby Resolved:� That the Borough of Kenilworth enter into a contract with CHAPMAN, INC., P.O.� Box 608, 25 W. Highland Avenue, Atlantic Highlands, NJ� 07716-0608, for C-2 Licensed Operator Services (Collection System Operator) as a January 1, 2010 for the year 2010 at a cost of $575 per month.

RESOLUTION NO. 11

Whereas, the Tax Collector for the Borough of Kenilworth held a Tax Sale on May 24, 2007 for delinquent 2006 taxes, and a tax lien was purchased by Park Finance, LLC on property located at 209 No. 9^th Street and known as Block 24.02 Lot 3, 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

Park Finance, LLC

P.O. Box 109

Kenilworth, NJ 07927

Redemption Amount

$28,867.77

Premium Amount

$ 11,200.00

Treasurer�s Note:�� 1099 = $5,620.92

Council Meeting Minutes � January 13, 2010�� Page 8

RESOLUTION NO. 12

Be It Hereby Resolved:� That the Mayor�s appointment of DIANE SMITH AND LISA

BOHO as Police Matrons for the year 2010, be and the same is hereby confirmed.

RESOLUTION NO. 13

A RESOLUTION URGING THE LEGISLATURE TO AMEND THE OPEN PUBLIC

RECORDS ACT TO ADDRESS VARIOUS TECHNICAL AND PRACTICAL ISSUES

WHEREAS, Governor Donald T. DiFrancesco signed the Open Public Records Act (OPRA), N.J.S.A.47A:1A-1 et seq., into law on January 8, 2002 to increase public access to state government records, stating that the bill is about access and what open government should be: Government of the people; and

WHEREAS, Governor DiFrancesco stated at the bill signing that the bill was not perfect, and acknowledged the hard work and negotiations between legislators and the many interested parties, including the New Jersey League of Municipalities, that went into the compromise; and

WHEREAS, elected and appointed municipal officials recognize the importance and virtue of access to public records for all citizens, as it encourages openness and transparency in government and increases confidence in the operation of government; and

WHEREAS, along with transparency of government comes the responsibility to safeguard citizens� reasonable expectation of privacy; and

WHEREAS, the law granting access to public records also created a 13-member Privacy Study Commission whose mission was to study the privacy issues raised by the collection,

processing, use, and dissemination of information by public agencies in light of the

recognized need for openness in government, and to recommend specific measures, including legislation, the commission may deem appropriate to deal with these issues and to safeguard the privacy rights of individuals.

WHEREAS, in the course of its study, the commission reviewed the current and proposed means used for the collection, processing, use and dissemination of information by state and local government agencies; and

WHEREAS, the Privacy Study Commission studied three (3) specific areas: the disclosure of home addresses and telephone numbers, commercial use of public information held by public agencies and the impact of technology on privacy concerns; and

WHEREAS, although municipal officials and municipal clerks have embraced OPRA and support the fundamental purpose of OPRA, compliance with OPRA is a problem for

Council Meeting Minutes � January 13, 2010�� Page 9

municipalities due to conflicting decisions, requestors testing both the records custodian and OPRA, and a loss of efficiency and out-of-pocket costs to municipalities; and

WHEREAS, municipal officials and municipal clerks believe that OPRA needs to be reformed to create standardization in providing records to the public while protecting citizens� reasonable expectation of privacy and to prevent individuals, attorneys and businesses from profiting from the provisions of OPRA where they have no legitimate interest in the records they are requesting.

NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Rahway, that the Governor and State Legislature are urged to review the provisions of OPRA and consult with municipal officials, municipal clerks, the Government Records Council, the New Jersey Press Association and the New Jersey League of Municipalities to reform OPRA to:

1. Adoption of the following recommendations of the Privacy Study Commission:

a. Home telephone numbers, including cell phone numbers, should not be disclosed.

b. Individuals should be permitted to opt-out of disclosure of their home addresses.

c. E-mail addresses provided by individuals to government entities should be accorded the

same protection as telephone numbers and remain confidential.

d. Exemption from access from the commercial use of information should be contained in

legislation, regulations or by Executive Order.

e. Consideration of the proposition that when the secondary or derivative use of a public

record is a commercial/profit-making use, the commercial user should be expected to

contribute to the cost of recovery of developing and maintaining such records.

2. Amending the current fee schedule to a uniform per page rate and clarifying the term

�actual costs� for Special Service Charge to include the cost of labor.

3. When agencies adopt regulations exempting certain records from disclosure, those

agencies need to recognize the impact of technology on the ability to search records and

make the regulations comprehensive enough to ensure that the adopted regulation cannot

be circumvented by technology.

4. The Governor should immediately fill the two vacant public seats on the Government

Records Council in order to best protect the interest of all parties involved in the proper

implementation of the OPRA statute.

5. Clear authorization for the Records Custodian to bill for time spent organizing data,

researching documents or translating documents to a different medium. An example is

scanning documents to provide them electronic copies. Records Custodians should not be

required to create a document that is not typically maintained by the municipality.

6. A distinction should be made between those who seek a record for their own personal use and those who intend to make a secondary commercial use of the information, as

recommended by the Privacy Study Commission.

Council Meeting Minutes � January 13, 2010�� Page 10

7. The municipality should be entitled to receive a seven (7) day extension for any large or

complicated requests. Currently, the requestor must agree. This particularly affects small

municipalities with a small or part -time staff.

8. The requestor should be required to pick up their records within a week so that the Records Custodian does not have to keep them indefinitely. If the records are not picked up within one week, the request should be considered fulfilled.

9. Direct the Government Records Council or Office of Administrative Law as to when

attorney�s fees should be awarded to requestors under OPRA to limit the award of

attorney�s fees to situations where there was a willful violation of OPRA that resulted in

the requestor failing to receive a legitimately requested document.

10. Create regulations to prevent a requestor from repeatedly using OPRA to request the

same documents as this creates an unnecessary and unreasonable burden on the taxpayers of the community who must underwrite the costs of these repeated responses.

11. Documents which are already available to the public on a municipality's website should

be excluded from OPRA.

12. The Government Record Council should have mandatory mediation for all complaints.

Currently, mediation takes place only where both parties agree.

BE IT FURTHER RESOLVED, copies of this resolution shall be forwarded to the Commissioner of the Department of Community Affairs, the Government Records Council, the members of the New Jersey State Legislature the Governor of the State of New Jersey, Union County Municipal Clerks and the Municipal Clerks� Association of New Jersey

Certified to be a true copy of a resolution

adopted by the Borough of Kenilworth at

Regular Meeting held on 1/13/10.

__________________________________

Hedy Lipke, Borough Clerk

RESOLUTION NO. 14

Introduced by Fred Pugliese, adoption by same.

Seconded by Kevin Leary, Jr.

Council Meeting Minutes � January 13, 2010�� Page 11

WHEREAS, pursuant to the Fair and Open Process Rule advertisements for proposals were published in the Cranford Chronicle and posted on the Borough of Kenilworth�s Web Site and proposals were received and reviewed for the following Professional Service for the Year 2010 which anticipated cost will be over $17,500 per year:

�� �� BOROUGH LABOR ATTORNEY

NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Mayor�s nomination of� McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP as BOROUGH LABOR ATTORNEY for the Year 2010 at $150. per hour, be� and the same is hereby confirmed.

Roll Call:� Candarella voted yes, Joho voted no, Klinder voted no, Leary voted yes, Pugliese voted yes, Sosnosky voted no.� Tie vote with three yes and three no and the Mayor casts the deciding vote.� The Mayor said she respects the rights of her fellow council people to disagree with her but she said she disagrees with them and her vote is in favor of the nomination.

Proposed Ordinance No. 2010-01 was read for a first reading as follows:� (Copy attached)��

ORDINANCE NO. 2010-01

AN ORDINANCE AMENDING THE EXISTING CHAPTER 39 (POLICE DEPARTMENT) 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 that amends the procedure for promotions in the police department. The second hearing will be on February 10, 2010 at which time the public is invited to speak.

RESOLUTION NO. 15

Introduced by Fred Pugliese adoption moved by same.

Seconded by Toni Sosnosky

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-01 be and the same is hereby passed on first reading and ordered published for final hearing on February 10, 2010.

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

Proposed Ordinance No. 2010-02 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2010-02

AN ORDINANCE CREATING CHAPTER 128 (FILMING) OF THE CODE OF THE BOROUGH OF KENILWORTH COUNTY OF UNION, STATE OF NEW JERSEY

Council Meeting Minutes � January 13, 2010�� Page 12

The Mayor stated this is a first reading on an Ordinance that establishes a new section regarding filming in the municipality.� There have been some occasions in the past when someone wanted to film and we determined there should be an ordinance respecting that endeavor.� The second reading will be held on February 10, 2010 at which time members of the public are welcome to comment.

RESOLUTION NO. 16

Introduced by Kevin Leary, Jr. adoption by same

Seconded by Sal Candarella

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-02 be and the same is hereby passed on first reading and ordered published for final hearing on February 10, 2010.

Upon roll call all in favor.

Motion was made by Councilman Leary, seconded by Councilman Joho to open the meeting to the public.

MEETING OPEN TO THE PUBLIC

Bill Dowd, Kenilworth Police Chief � Chief Dowd asked Councilman Joho to elaborate on why he voted no on the police promotional ordinance.� Councilman Joho said he disagreed with the change. He said the original ordinance has a test given by the State Police Chief�s Association and that takes some of the burden and bias away from the Borough and the Chief himself.� He said it has the potential to be a fair process and less partiality.

Livio Mancino, 102 North 24^th Street �� He said he is glad to see the Council does not rubber stamp everything.� Mr. Mancino asked if we have a grant person in town?� He said we got about $50,000.00 in grants which is admirable and it should help out the 2010 budget.� He asked who filed for the grants.� The Mayor said she would like to clarify that $50,000.00 in grants is not all that we received during the year. She said we received $175,000.00 for roads and a number of other grants.� The grants that Councilman Joho was referring to were grants that were applied for by the Police Department and the Department of Public works, over and above Capital Grant Applications.� Mr. Mancino asked if the grants were by legislative notice? Councilman Joho said the Recycling Tonnage grant was from a program that has been in existence for a couple of years and the same thing with the Clean Communities Program. Mayor Fiamingo said the various police grants were noticed to and by the Police Department. She said they applied for grants for DWI checks, Click It or Ticket, Graduated License which are all grants that allow the Police Department to have these special programs so that the Borough did not have to pay overtime.� These grants are used to enforce various areas of the law that the legislature was interested in pursuing.

Mr. Mancino commended Councilman Leary for his action on the Recreation Committee and he admires the people that he selected for the appointments on the Recreation Committee. The Mayor said the appointments are made by the Mayor. Councilman Leary agreed with the Mayor and added that the appointments on the Recreation are solely at the discretion of the Mayor. �

Council Meeting Minutes � January 13, 2010�� Page 13

Mr. Mancino asked Councilman Leary to expand the appointments because he thinks there is no limitation as to how many people can be on the Recreation Committee.� Councilman Leary said that based on the Ordinance and the By Laws of the Recreation Department the number of committee people is set at 9 members.� The Recreation Committee is revising the By Laws and may be expanding the committee to 15 people.

Mr. Mancino said the Zoning Officer sent him a letter asking him to remove a sign that he had in a flower pot outside his building. He said there are 29 other signs along the Boulevard and he would like to know why they did not receive letters.

Mr. Mancino said the Board of Education is going to be doing a lot of work at Harding School. He asked if the Borough Engineer would work with the school.

John Bury, 417 North 15^th Street � Mr. Bury asked concerning Resolution No. 14 if the Borough had� McElroy as their Labor Attorney last year?� The Mayor replied yes.� He asked how much did they charged last year?� The Mayor said she thinks it is the same amount but she is not positive.� Mr. Bury asked if there were labor negotiations last year?� The Mayor replied that the negotiations were pretty much wrapped up by the end of 2008 but there might have been some carry over.� He asked if there will be negotiations in 2010?� The Mayor said the contacts will not be expiring in 2010. Mr. Bury asked if there has always been a labor attorney?� The Mayor said in the late 1990�s the Borough started hiring separate counsel. Mr. Bury asked the Council if the no votes were against McElroy or against the idea of having a labor attorney at all? The Mayor said she did not know why they voted no.� Councilman Joho said it was a combination of the firm and the need for a labor attorney. Mr. Bury said he thought lawyers were no bids.� The Mayor said the attorneys are under Professional Services and all of the Borough�s professionals submitted bids per Pay to Play.� Mr. Bury said the County has these things where they hire attorney�s for $10,000.00 and each month or so they bump them up another $10,000.00.� to keep under $17,500.00.� Harvey Fruchter said there are state laws specifically prohibiting� piecing out� contracts. The Mayor said she does not know how the County handles their professional contracts but there may be some exceptions for a specific law suit. �

Bob Herbert, 363 Coolidge Drive � Mr. Herbert said he goes over and beyond the call of duty as a part-time Zoning Officer for the Borough of Kenilworth.� He said he is on several committees and he volunteers a lot of time to the Borough and during the last six months he lost his home in a fire.� He said with all that he is still doing more than the hours that are required by his job as Zoning Officer.� He said he may miss some signs because he only works part time but anyone can fax over a letter to the office and in between one of his many events he will look into it.� He said as an example, he is off today but he had a conversation with the police department with something on the Boulevard that he thought was a safety factor. He removed the sign hanging from a telephone pole on 21^st Street and the Boulevard and he is looking into who owns that sign.� He said he does the best he can. He said he tries to be as lenient as possible with the business owners in town during these economical hard times to be fair and work with them.� He tries to get them to comply before he issues summons.�

Councilman Candarella added that if a resident sees a violation whether it be three families living in one house or overgrown grass or any other kind of violation with signs, they should come up to Borough Hall, fill out a notice and Bob will go out to investigate.� He said coming to

Council Meeting Minutes � January 13, 2010�� Page 14

this meeting and saying they saw 29 illegal signs does not do any good.� He said people should be a little more specific and fill out the violation form so that Bob can investigate.

Mr. Mancino asked to be assured that if he reports illegal signs that his name will not be exposed. Mr. Candarella replied that Mr. Mancino should give him the list of illegal signs and his name will not be used.

Rudy Cammarota, 1 Red Maple Lane- Mr. Cammarota said all he ever hears is words like illegal and enforcement and he never hears anything complementary about Kenilworth.� He recommends that we keep our name as a friendly and spirited community and let people know when they do something good that we recognize it for such.� He said Kenilworth has a lot of things to be thankful for and the Council is doing a good job.� It is noted that you do not always rubber stamp items and that our town government is working.� He said everyone should go forth and say something complimentary about Kenilworth everyday and this town will get the name it is rightfully entitled to.

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

GENERAL BUSINESS

Mayor Fiamingo added her thanks in commending the Police Officers and Fire Officers who responded to the fire one December 31^st.� She said she happened to be at Borough Hall and it was snowing pretty hard and it was pretty slick out there and their response was amazing.�

Mayor Fiamingo said Mr. Herbert does a fantastic job for a part-time Zoning Enforcement Officer and she appreciates that he takes the time and effort to do a good job.� She said he cares about this community.

The Mayor said that within the next couple of months the Borough will be having a new sound system.� She knows that people in TV land and also people in the back of the courtroom cannot always hear what is going on because the sound system is completely shot.� She said they are trying to take their time and make sure they get the right system.

ADJOURNMENT

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

8:40 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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