REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JUNE 9, 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, 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 Klinder, and carried that the minutes of the Work Session Meeting of May 25, 2010 and the Regular Council Meeting of May 26, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

HEARING ON 2010 MUNICIPAL BUDGET

Motion made by Councilman Joho, seconded by Councilwoman Sosnosky, to open the meeting to the public on the 2010 Municipal Budget.

The Mayor stated if anyone has comments relative to the 2010 Municipal Budget Amendment to please step forward and state their name and address for the record.

No one desired to be heard.

Motion was made by Councilman Candarella, seconded by Councilman Joho, to close the meeting to the public on the 2010 Municipal Budget.

RESOLUTION NO. 1

Introduced by Brian Joho, adoption moved by same

Seconded by Sal Candarella

Borough of Kenilworth, N.J.

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and

WHEREAS N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 THRU 7.5 the Borough of Kenilworth� has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Kenilworth meets the necessary conditions to participate in the program for the 2010 budget year, so now therefore

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BE IT RESOLVED, by the Borough Council of the Borough of Kenilworth that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer's certification.� The governing body has found the budget has met the following requirements:

1.�� That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a.��� Payment of interest and debt redemption charges

b.��� Deferred charges and statutory expenditures

c.��� Cash deficit of preceding year

d.��� Reserve for uncollected taxes

e.��� Other reserves and non-disbursement items

f.��� Any inclusions of amounts required for school purposes

2.�� That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met (complies with the "CAP" law).

3.�� That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4.�� That pursuant to the Local Budget Law:

a.��� All estimates of revenue are reasonable, accurate, and correctly stated.

b.��� Items of appropriation are properly set forth

c.��� In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

5.�� The budget and associated amendments have been introduced, publicly advertised, and in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6.�� That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED, THAT A COPY OF THIS RESOLUTION BE FORWARDED TO THE Director of the Division of Local Government Services.

������������������������������������������������������ Borough of Kenilworth, N.J.

�������������������������������������������������� Certification of Approved Budget

It is hereby certified that the Approved Budget complies with the requirements of law and approval is given pursuant to N.J.S.A. 40A:4-78(b) and NJAC 5:30-7.

It is further certified that the municipality has met the eligibility requirements of NJAC 5:30-7.4 and 7.5, and that I, as Chief Financial Officer, have completed the local examination in compliance with NJAC 5:30-7.6.

Dated: June 9, 2010���������������������������������������� By:� ���������������������������������������������������������

������ Robert F. Ordway, Chief Financial Officer

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This certification form and resolution of the governing body executing such certification should be annexed to the adopted budget (N.J.A.C. 5:30 7.6(e))

Roll Call: Candarella voted yes, Joho voted yes, Klinder voted yes, Leary voted yes, Pugliese voted yes, Sosnosky voted yes.

RESOLUTION NO. 2

Introduced by Brian Joho, adoption moved by same

Seconded by Sal Candarella

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

PRESENTATION

Chief William Dowd said recently the Police Department did major renovations to their front desk dispatch area. He said he ran into John McKay who is the head of the New Jersey Carpenters Apprentice Training School which is located on South 31^st Street in Kenilworth, at a social affair and he told Mr. McKay about the renovations.� He said John offered his assistance and as a result, John supplied all the material and labor for the construction of the desk area including the floors, ceiling and walls.� He said John and his men were there to assist at no cost to the Borough and this saved the Borough a tremendous amount of money.

Mr. McKay and Mr. Kelofsky, who was also very instrumental in the work came forward and Chief Dowd presented them with a plaque for the Borough�s appreciation for their invaluable assistance in the construction of the Kenilworth Police Department Dispatch Center.

Mayor Fiamingo said she appreciates everything that John has done and will continue to do for the Borough.

COMMUNICATIONS AND PETITIONS:

1. Press Release received from the Kenilworth Board of Education � Contract Settlement between the KBE and KEA.
2. Year 2010 Amended Assessment and Related Information received for Rahway Valley Sewerage Authority.

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3. Notice from Harbor Consultants of a Pre-Construction Meeting for the Union County Lenape Park Bikeway Project on Wednesday, June 23^rd at 10 A.M. at the Union County Engineering Building, South Avenue, Scotch Plains.
4. The next Work Session Meeting will be on Monday, June 21^st and the Regular Council Meeting will be on Tuesday, June 22^nd.

REPORTS

1.    Municipal Court Report for the month of April, 2010.

2.    Police Department Report for the month of May, 2010.

3.    Construction Department Report for the month of May, 2010.

4.    Borough Clerk�s Report for the month of May, 2010.

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

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

REPORT OF COMMITTEES

Mayor Fiamingo said the Memorial Day services at the VFW were held on Monday and was very well attended.� She said it made her heart feel good that everyone came out to recognize the serviceman and women who have given their lives for our country.

She said the Fishing Derby was held last Saturday and was a lot of fun and also the Independence Day Celebration will be held on July 3^rd at the David Brearley High School Parking Lot area at dusk.� The Mayor thanked the businesses that have made this event possible because it is completely funded by donations.� She said she will mention those businesses at the next Council Meeting.

The Mayor said the next Work Shop Meeting will be on Monday, June 21, 2010 and the Regular Council Meeting will be held on Tuesday, June 22^nd.� She said at that meeting they will be installing our new Chief of Police, Kenneth Grady, Sr. and we will also be saying good-by to Chief Dowd.

DEPARTMENT OF FINANCE

Councilman Joho said that tonight we adopted our 2010 Municipal Budget in spite of the loss of State Aid, continued challenges due to the lingering effects of the recession and contractual obligations.� He said we managed to present a budget that reflected just a $103,627.00 increase in spending from the prior year.� He said that is less than a 1% increase in spending, he said it is actually .763%. He said the tax increase per household is less than 5% or $98.56 per average assessed home of $176,000.00.� He thanked Robert Ordway, the Finance Officer, Jim Cerullo, the Finance Committee, the Department Heads and the Mayor and Council for their efforts in formulating this budget.� He said given the circumstances we managed an extraordinary budget for this year.

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DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the Department of Public Works information has been updated on the Kenilworth Web Site which is www.kenilworthnj.com .� She said there are schedules that range from brush pick up to trash pick-up and also a link to the Union County Recycling Events of 2010. �

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the front desk renovations have been completed and the new Kenilworth Police Department Dispatch Center is now fully functional.� He thanked Sgt. Devlin who was the catalyst in having the project completed and he also thanked Officer Eddie Paster who was very instrumental in completing the project.� He said both officers helped in every facet of the project from the demolition to the painting and all the work in between.� He said both Sgt. Devlin and Officer Paster are to be praised for their efforts and their continuing help in providing a Dispatch Center that is a state of the art functional center.�� Their dedication as well as the other officers that assisted is one of the things that make the Kenilworth Police Department so special.� He said the renovations could not have been possible without the assistance of John McKay of the NJ Carpenters Apprentice Training Center.� He said John donated much of the material and labor for the remodeling and his generosity to the Borough has been outstanding and very much appreciated.

He said the �Click It Or Ticket� campaign was in full force in Kenilworth in various areas throughout the town.� There were 129 seat belt tickets issued as well as other violations such as �illegal use of cell phones, past due inspections, drug arrests and suspended drivers that were caught in the net.� He said this was a very successful campaign and was fully funded by the State Division of Highway Traffic.� He said Kenilworth has become a more �pedestrian friendly� community and now when you cross the Boulevard, some of the vehicles will stop for you if you are in a cross-walk, �whereas before you would take your life in your hands to get from one side of the road to the other.� He said that is a result of the Police Department being more active in enforcing the new pedestrian cross and walk on the Boulevard.� He said there have been under- cover operations to enforce the new law and numerous summonses� were issued along with education literature that was being passed out once the stop was made.� He said a special thanks goes to Chief Dowd and Chief Grady for heading up a program that is near and dear to the Governing Body.

He said the transition from Chief Dowd to Chief Grady is progressing smoothly.� He said earlier today the Police Committee, which includes Councilwoman Sosnosky and Councilman Klinder, met with Chief Grady and Chief Dowd to discuss what Chief Grady�s vision of the future is for the Police Department.� He said they look forward to having an on-going and fruitful relationship with the new chief.

Councilman Pugliese said� August 3^rd� �is National Night Out.� He said if anyone is interested in having a Block Party they can contact either Chief Grady or Detective Sgt. Tim Dowd at the Kenilworth Police Department� and they will provide you will all the information.� He said National Night Out is where the community bands together with their neighbors and do what they can to help take a bite out of crime.� He said if you have a Block Party, the bad part is that the Mayor, himself and Chief Grady will come by and visit your party.� He said overall it is a good program and he recommends that you bond with your neighbors and throw one.

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He said the Governing Body received Chief Dowd�s last report as the Police Chief in this community and he read the last paragraph of the report.� �This is the last report being submitted to the Governing Body before my retirement.� It has been a pleasure serving as a Kenilworth Police Officer for 39 � years.� I would like to sincerely thank the present and past Governing Body�s for their support that was given to me as Chief.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella said he has the report of the Zoning Official for the month of May.� He said there are a couple of outstanding items such as they have found two people working without permits and four illegal apartments.� He said a couple of weeks ago there was a fire in a house where there is an basement apartment.� He stressed to everyone to go out and get their permits and let the town officials inspect the work and do it right.� He said this will avoid fires and fines and we will have a safe town.� Councilman Candarella said the fire could have turned into something disastrous if it was at a different time.� He said it was sad to see how unprofessional the work was in the illegal apartment.� He said the fire started in an illegal electrical box in an illegal apartment.� The electrical box that was not inspected. He said everyone should get the proper permits and get their work inspected.�

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary read two letters thanking the Fire Department and Rescue Squad for their services.� �I am writing to express my thanks and my families extreme gratitude towards the Kenilworth Fire Department for their response to a recent fire at my Mother-in-laws home located at 49 South Michigan on May 19, 2010.� The Fire Department responded extremely fast and all personnel acted swiftly, bravely, (entering a dark basement with blinding clouds of billowing smoke).� The furnace fire was extinguished and the firemen, along with their Chief Lou Giordino saved the home of my 72 year old mother-in-law, Maria Calello.� Speaking for her and the rest of my family, I cannot express in words, the comfort they brought to her in her time of need.� They went well beyond fighting a fire and their actions deserve praise.� I must also give credit to other first responders at the scene, great thanks to the Kenilworth Police Department, First Aid Squad and the Union Fire Department as well. Sincerely, Daryl Lamonaco.

Councilman Leary read another letter. �Just a little note to let you know how wonderful it is that every year you hold such a wonderful Memorial Service.� It truly shows the character of the Kenilworth Fire Department.� Thank you so much for the invitation so that we can remember our Dad, along with all the others.� It was a wonderful tribute to all. Sincerely, Joyce Rosenberg, Diane Placca and Chic Ciarella, Jr.

Councilman Leary thanked the Fire Department, Rescue Squad and the Police Department for the courageous and diligent job they do on behalf of the Borough.� He also said the Memorial Service was a beautiful tribute our men and women of the Fire Department.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reminded everyone that �Bard of the Boulevard� will be performing King Lear at David Brearley High School on June 17^th.� He said the Blood Center of New Jersey will park it�s van in front of the library for a blood drive on Monday, June 21^st.

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

CONSENT AGENDA

Resolutions No. 3 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 Candarella 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. 3

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

RESOLUTION NO. 4

WHEREAS, First American R.E.T.S. paid the property taxes for the 2^nd quarter of 2010 for the property located at 243 North 13^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 2^nd quarter of 2010;

WHEREAS, First American R.E.T.S. has requested that the overpayment of the 2^nd quarter be refunded to them;

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

Block��������������������� �������� Lot���������������� Payable To:������������������������������������������������������������������������� Amount

��������������� 30�������������������������� ��������� 4������������������� First American R.E.T.S.������������������������������������� ��������������� $ 1,924.38

������������������������������������������������������������������������������� Attn: Refunds Department

95 Methodist Hill, Suite 100

������������������������������������������������������������������������������� Rochester, NY 14623

��������������������������������������������������������������������������������������������������������������������������������������������������������������� TOTAL�� $ 1,924.38

RESOLUTION NO. 5

Be It Hereby Resolved:� �������

WHEREAS, a fee has been collected for removal of� a Refrigerator in the amount of $25.00 and,

WHEREAS, the permit 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 $25.00 payable to the order of:

����������������������������������� ����������� Charles Huhn

641 Quinton Ave.

Kenilworth, NJ� 07033

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RESOLUTION NO.� 6

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

����������� �

#989� Knights of Columbus, Council #4186 for an Off-Premise 50/50 Raffle on December 9, 2010 at 191 Market Street, Kenilworth, NJ.

RESOLUTION NO. 7

Whereas, the Borough of Kenilworth held a tax sale on June 12, 2008 for delinquent 2007 property taxes, and a tax lien was purchased by ABT-TEC on property located at 207 North 11^th Street, Kenilworth, NJ, and

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 Lienholder as follows, To be refunded upon receipt of the original Certificate of Sale #08-00002 by the Collector of Taxes:

ABT-TEC

P.O. Box 6161

West Orange, NJ 07052

REDEMPTION AMOUNT

$810.21

RESOLUTION NO. 8

WHEREAS, Borough Engineers Grotto Engineering Associates requested proposals for �Kenilworth Re creation Center Water Boiler Replacement� and three proposals were received; and

WHEREAS, Borough Engineer Richard O�Connor has recommended award of this project to PK Mechanical Services, this being the lowest quote.

NOW, THEREFORE, BE IT RESOLVED that PK Mechanical Services (PK Welding LLC), 442 Rt. 202/206, PMB 448, Bedminster, NJ� 07921, be awarded the contract for �Kenilworth Recreation Center Water Boiler Replacement at a cost of $8,445.00.

CERTIFICATION OF FUNDS

DATE:� 6-9-2010

APPROPRIATION: C-04-55-102-101

ROBERT ORDWAY, TREASURER

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RESOLUTION NO. 9

BE IT HEREBY RESOLVED:� That the contract with S.B.P. INDUSTRIES, 1301 New Market Ave., South Plainfield, NJ�� 07080 for EMERGENCY GENERATOR SERVICE AT THE MUNICIPAL BUILDING be renewed for a one year period from August 1, 2010 to July 31, 2011 at a total cost of $860.00.

Certification of Funds

Date:� 6-9-2010

Appropriation:� 0-01-26-772-026

Robert Ordway, Treasurer

RESOLUTION NO. 10