REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, FEBRUARY 17, 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, Fred Pugliese and Toni Sosnosky.� Kevin Leary was absent.

Mayor Fiamingo read the requirements of the Open Public Meetings Act. The Mayor said tonight�s meeting is replacing the meeting from last week which was cancelled due to the snowstorm.

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Joho, seconded by Councilman Klinder, and carried that the minutes of the Work Session Meeting of January 26, 2010 and the Regular Meeting of January 27, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. Notice of Property Owners concerning an application before the Board of Adjustment for a Cooking School at 522B Boulevard.� Hearing to be on February 25, 2010.
2. Notice to property Owners concerning an application for a Variance for property owned by Bened Building Corp. at 158 North 8^th Street, to add 2 one-bedroom apartments and 2 two-bedroom apartments onto the second floor of the office building.� Hearing to be held on February 25^th.
3. Letter to Mayor and Council from Shirley Boyden Maxwell, President, Kenilworth Historical Society, asking for approval to hold a Community-wide Garage Sale on September 11 & 12, 2010 and also for a �Freedom Run & Walk� in September.
4. Letter from Mayor Fiamingo to Borough Clerk appointing the following to the Planning Board:� Arthur Manee-Alternate #2 for a 2 year term expiring 12/31/11; Timothy Murphy-Alternate #3 for a 2 year term expiring 12/31/11 and Antonio Cuppari-Alternate #4 for a two year term expiring 12/31/11.

REPORTS

1.    �Police Department Report for the month of January, 2010.

2.    Construction Department Report for the month of January, 2010.

3.    Borough Clerk�s Report for the month of January, 2010.

4.    Municipal Court Report for the month of January, 2010.

5.    Volunteer Fire Department/Rescue Squad Report for the month of January, 2010.

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.

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REPORT OF COMMITTEES

Mayor Fiamingo reported she will be attending the Rahway Valley Sewage Authority hearing on February 25, 2010 regarding the Borough�s alleged exceeding of their quota into the RVSA. She will be accompanied by the Borough�s Engineer, Mr. O�Connor.

The Mayor reported the Historical Society is having their �Soups On� Tuesday, March 2^nd from 6:00 PM to 8:00 PM at the Kenilworth Senior Citizen Center.� Admission is $10.00 and they are requesting that you buy tickets in advance. They will have a number soups prepared by local people.� She said tomorrow they are having a Black History Month Celebration honoring black culture through African storytelling, music and art which will also be held at the Kenilworth Senior Center at 7:00 PM.

The Mayor said they have a Proclamation this evening honoring the Boy Scouts of America�s 100^th Anniversary which is a very momentous event.

The Mayor congratulated Pastor John Smith for his 35 years as pastor at Union Baptist Church.� There was a very nice celebration at the church on Sunday and she and Councilwoman Sosnosky attended.���

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Officer recently provided two reports to the Mayor and Council.� He said the first report shows where your tax dollars go and he thought it would be of interest and worth mentioning tonight.� He said in 2009 the total taxes collected was $32,599,771.56 and of that total, $15,803,686.00 or 48.5% of the total tax collected was paid to the school district and $7,400,577.00 or 21 �% was paid to Union County for our County taxes and 9,791,528.56 or 30% of the total tax dollars collected in 2009 were actually used to run the Borough. The second report was the Tax Collectors Annual Report for 2009 which outlined the total taxes billed and collected during 2009.� He said as of December 31, 2009 there were $304,215.71 out of the 32 million previously mentioned that was billed was outstanding taxes which gave us a 99.01% collection rate for 2009.� He commended residents for paying their taxes.

The Mayor also commended the residents for that rate, even though we�re in tough times.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported that on February 6^th the Borough received approximately 2 inches of snow and on February 10^th, over 12 inches. Our DPW crew plowed all Borough roads and all Borough sidewalks and properties were cleaned and salted as needed.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese said he was pleased to advise the public that Detective Fred Soos recently went above and beyond the call of duty. He was operating his vehicle on the Garden State Parkway and he observed a vehicle being operated in an erratic fashion.� He notified the

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State Police and assisted in the apprehension of the operator of the vehicle who was eventually involved in a motor vehicle accident.� He said his dedication to duty is not only evident during his time in Kenilworth but also when he is off duty. He commended Detective Soos for his actions.�

Councilman Pugliese said he received a letter from a Kenilworth resident praising the actions of Officer�s Bobby Cox, Kenny Grady and Joseph Scourzo who provided some assistance when she was in need of assistance.� He commended their actions.

Councilman Pugliese advised the Kenilworth Office of Emergency Management responded to 25 incidents during the year.� These incidents range from storms to special events such as parades, carnivals and fireworks.� He thanked Deputy Emergency Management Coordinator, Jonathan Lipke for his volunteer service throughout the year. His help was invaluable and very much appreciated. �

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported he has the Construction Report and the Zoning Officer�s Report for the month.� He welcomed the three new alternate members of the Planning Board and he is looking forward to their input.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary was absent.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the library attendance for January was over 4,700.� On Saturday, January 30^th over 60 people attended a lecture by FDR�s grandson, Curtis Roosevelt.� He said author James Fisher will discuss his book on March 22^nd at the library. He said the Rabies Clinic will be held on Sunday, February 28^th at the Fire House from 1:00 PM to 3:00 PM.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 6 are listed on Consent Agenda and will be enacted by one motion in the form listed below. All items will be recorded individually in full in the minutes.

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

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RESOLUTION NO. 2

Be It Hereby Resolved:� That ART MASTERS PRODUCTIONS, 401 Scott Mobus Place, Harrison, NJ� 07029, be contracted to videotape Borough of Kenilworth Council Meetings for the year 2010 at a cost not to exceed $5,000 for the year.

RESOLUTION NO. 3

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 effect any appropriation to which or from transfers are prohibited under statute,

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

FROM

RESOLUTION NO.� 4

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

�����������������������

����������������������� #976 Kenilworth Historical Society, for an on-premise 50/50 Raffle on March 2, 2010 at 526 Boulevard, Kenilworth, NJ�����

�����������������������

RESOLUTION NO. 5

Be It Hereby Resolved:� That GRAMCO BUSINESS COMMUNICATIONS, 1149 Bloomfield Avenue, Clifton, NJ� 07012, be awarded the contract for A New Sound System and Recording System for the Municipal Building Courtroom as follows:

����������������������������������� Sound System (as per attached proposal)��� $6,495.00

����������������������������������� Digital Recording System (as per attached proposal):

����������������������������������������������������������������������������������������������� TOTAL COST:��� $12,490.00

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RESOLUTION NO. 6

WHEREAS, The Boy Scouts of America was established February 8, 1910 and for one hundred years has created a strong foundation of leadership, service and community for millions of American youth; and

WHEREAS, The Boy Scouts of America provides a program that builds character, trains Scouts in the responsibilities of participating citizenship and develops personal fitness; and

WHEREAS, With every rank advancement comes new challenges, new adventures and new friends for Scouts and those Scouters who accompany them along the way; and

WHEREAS, The Boy Scouts of America has nurtured and honored over two million Eagle Scouts; and

WHEREAS, Scouting celebrates it�s legacy and reaffirms its commitment to inspire and prepare future generations.

NOW, THEREFORE, BE IT PROCLAIMED that the Boy Scouts of America and its Borough of Kenilworth Boy Scouts, their leaders and sponsoring organizations, are hereby honored by the Mayor and Council of the Borough of Kenilworth for making a difference in Kenilworth by their dedication of Scouting�s core values of leadership, character, community service, achievement and stewardship of the environment.

Proposed Ordinance No. 2010-01 was read for second reading as follows:� (Copy appears in

Minutes of January 13, 2010)

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 second reading on an Ordinance which amends our promotional Ordinance for the Police Department.�

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-01.

No one desiring to be heard, Mayor Fiamingo closed the meeting to the public.

RESOLUTION NO. 7

Introduced by Fred Pugliese adoption moved by same.

Seconded by Toni Sosnosky.

Be It Hereby Resolved: that Proposed Ordinance 2010-01 be and the same is hereby passed on second and final reading an ordered published according to law.

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

Proposed Ordinance No. 2010-02 was read for second reading as follows:� (Copy appears in

Minutes of January 13, 2010)

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

The Mayor stated this is a second reading on a new ordinance which establishes procedures for a permit for filming within the Borough.

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-02.

No one desiring to be heard, Mayor Fiamingo closed the meeting to the public.

RESOLUTION NO. 8

Introduced by Sal Candarella adoption moved by same

Seconded by Scott Kinder

Be It Hereby Resolved: that Proposed Ordinance 2010-02 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call all in favor.

Motion was made by Councilwoman Sosnosky, seconded by Councilman Candarella to open the meeting to the public.

MEETING OPEN TO THE PUBLIC

No one wished to speak.

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

GENERAL BUSINESS

Mayor Fiamingo added her thanks to Jonathan Lipke for all his volunteer help to the Borough, especially with respect to Emergency Management. She said he gives the Chief a great deal of help in that position and is always willing to lend a hand.� She said she appreciates his volunteer efforts as well as his employee work, she said he fits into both categories.

The Mayor said the Council just approved the purchase of a new sound recording system which hopefully will be installed soon because right now we have no sound.� She said the system has been approved by the court and will be used for council meetings, planning board meetings and the Court.

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ADJOURNMENT

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

8:16 P.M.������������������������������������������������������������������������������������������������������������������������������� Respectfully submitted,

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