REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, NOVEMBER 10, 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 noted that Councilman-Elect Peter Corvelli was also in attendance.

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 Joho, and carried that the minutes of the Work Session Meeting of October 26, 2010 and the Regular Council Meeting of October 27, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

Motion made by Councilman Candarella to open the hearing on Year 37 Community Block Grant, seconded by Councilman Joho.� All in favor.

PUBLIC HEARING ON YEAR 37 COMMUNITY DEVELOPMENT BLOCK GRANT

Mayor Fiamingo reported that for Grant Year 37 the Borough is submitting five applications.

1.            Application for a Senior Citizen Chronic Illness Program for $2,244.

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

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

4.            Application for the ADA Compliance Improvements for 11 So. 23^rd Street Detective Bureau, $34,942.50;

5.            Application for ADA Curb and Ramp Improvements, $47,500.

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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 37 Community Development Block Grants.

Motion made by Councilman Joho, to close the hearing on Year 37 Community Block Grant, seconded by Councilman Klinder.� All in favor.

A motion was made by Councilwoman Sosnosky to approve the submission of the above Year 37 Community Development Block Grant Applications. Motion seconded by Councilman Leary.� All in favor.����

Mayor Fiamingo said the applications will be submitted to the Community Block Grant Committee for consideration.

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COMMUNICATIONS AND PETITIONS:

1.    Letter from Analia Quitete, 175 South 23^rd Street asking for an update on her letter regarding the poor condition of her street.

2.    The next regularly scheduled Council Meeting will be on December 8, 2010.

REPORTS

1.    Police Department Report for the month of October, 2010.

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

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

4.    Fire Department/Rescue Squad Report for the month of October, 2010.

5.    Rahway Valley Sewerage Authority Meeting Minutes of September 16, 2010.

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

REPORT OF COMMITTEES

Mayor Fiamingo reported that Sunday she had the honor of attending an Eagle Scout Award for Chris Koehler who is the fourth Eagle Scout in Troop 83 to achieve this honor.� She said his Eagle Scout Project was to provide a wild life refuge and bird sanctuary at Liberty Hall Museum.� and she is looking forward to seeing his work.

The Mayor and Chief Grady attended a Shared Services Presentation by the County of Union.� regarding shared services for dispatching in our �Police Department.� There are several other programs being offered for shared services that they want to look into to see if the Borough can hopefully reduce the cost on some of the services we are currently providing. She said we do not want to reduce services but does want to reduce costs.

The Mayor reminded everyone that tomorrow is Veterans Day and she hoped everyone would attend the service at the VFW at 11:00 am.�

Mayor Fiamingo reported that Dawn Orlando is sponsoring �Operation Tigershark� at the VFW. The event is to remember our troops during the holidays and to show our appreciation by giving back to our men and women who are serving overseas.� There are various items that are being collected and these items can be dropped off at the VFW Post 2230, 33 South 21^st Street, Kenilworth from November 8^th thru November 14^th.� For a list of suggested items you can call 908-578-3831 or go to� [email protected] .

The Tree Lighting will be on November 28^th this year.� She said they have not worked out all the details but she encouraged everyone to check the Kenilworth Web Site, The Local TV Station and also in the Kenilworth Business Life paper for more information.

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DEPARTMENT OF FINANCE

Councilman Joho reported that the Finance Officer reported that tax collections are at 97.5% versus 97% last year.� He said this shows very good tax collection rates.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has been working on the maintenance of sanitary sewers, cleaning the storm water catch basins and landscaping Borough properties and parks.� On Monday, November 1^st curbside leaf pick-up started.� Please refer to the 2010 Information Guide regarding these collections.� Tuesday, October 26^th was the last grass pick-up for this year.� Brush will not be picked up during the months of November and December and� will resume the first Wednesday of 2011.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Borough will be conducting some spot checks for DWI�s during the month of December.� The Borough has applied to the Division of Highway Safety for a $5,000 grant to pay for the officers who will be conducting the check points. The Kenilworth Police Department was re-certified in CPR this past month.� In a continuing effort by the Borough to participate in shared services, the Kenilworth Police Department will be utilizing the Pistol Range of the Union Police Department so that our officers can be re-certified.� Councilman Pugliese reported Kenilworth Police Department escorted the Halloween Parade down the Boulevard this past week and it went well.� He said on Sunday, October 31^st �the Crossing Guards were stationed along the Boulevard to insure the safety of the children while they were trick-or-treating.� The Kenilworth Police Department is moving toward E-Ticketing, which is a program where the officer no longer has to manually fill out a summons.� They will use a hand held device which will print the summons and then the summons will automatically be transferred to the Violation Bureau.� This allows the officer less time on the side of the road and more time on patrol.

Councilman Pugliese thanked Ben Felner of Better Care Auto Care for donating and installing a new push bumper on Car 51.� He said a push bumper has a retail value of approximately $395.00 and on behalf of the Borough and Police Department he would like to thank them.

Councilman Pugliese said he received Chief Grady�s and Detective, Sgt. Timothy Dowd�s report for the month of October.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported that he has received the Construction Report and the Planning and Zoning Report and all seems to be in order.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported that adult holiday crafts are this Thursday and also on December 2^nd at Ceramically Yours from 8:00 pm to 10:00 pm.� Ice Skate Night is Saturday, November 27^th from 6:00 pm to 8:00 pm at Warinanco Park in Elizabeth. The Halloween parade was a great

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success with over 200 children in attendance.� He thanked all the parents who participated in the parade and he also thanked Recreation Director, Pat Boyle and the Committee Members for a great job.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

The Kenilworth Public Library will have a discussion on Mark Twain on Tuesday, November 23^rd.��� They will also be having a musical instrument talk on November 30^th� from 12:00 noon to 1:00 pm.� There are also new art exhibits at their gallery.� They are going to have a Metro Rhythm Chorus on Friday, November 3^rd at 7:00 pm. and they will be taking donations of food. You can contact the Library for more information.� There will be a kettle drive at the A&P on December 4, 11 and 18^th and they are looking for volunteers and if you are interested you can contact Paulette Drogan at the Welfare Department.

The Mayor added that the Master Plan will be available within the next few days for review.� The public input hearing will be held in the beginning of December, most likely at the Planning Board�s Meeting.� She said if you are interested and have any input for the new Master Plan, the Mayor strongly urged you to attend the meeting.�

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

CONSENT AGENDA

Resolutions No. 1 thru 7 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 Candarella . 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 Chief Finance Officer be authorized to make payments

for necessary obligations prior to the next regularly scheduled Council Meeting on December 8,

2010.

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RESOLUTION NO.3

Whereas, the Borough of Kenilworth held a tax sale on June 4, 2009 for delinquent 2008 property taxes, and a tax lien was purchased by Robert Rothman on property located at 26 Brasser Lane, 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

Whereas, the Lienholder paid to the Collector of Taxes a premium in the amount of $6,300.00 and since the statutory period of five years has not passed, these funds must also be returned.

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 #09-00004 by the Collector of Taxes:

Robert Rothman

409 Grand Avenue

Englewood, NJ 07631

REDEMPTION AMOUNT

$23,194.06

PREMIUM TRUST ACCOUNT

$6,300

Treasurer�s Note: 1099 = $2,465.81

RESOLUTUION NO. 4

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

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#02-11� St. Theresa�s Church to hold Bingo once a week on Fridays from January 7, 2011 to December 30, 2011 at 541 Washington Avenue, Kenilworth, NJ.

#05-11��� St. Theresa�s Father�s Guild to hold Bingo once a week on Saturdays from January 8, 2011 to December 17, 2011 at 541 Washington Avenue, Kenilworth, NJ.

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RESOLUTION NO. 5

BE IT HEREBY RESOLVED:� That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad members be granted an expense allowance in accordance with the report submitted by Fire chief Lewis Giordino, in the aggregate amount of $45,657.50.

RESOLUTION NO. 6

BE IT HEREBY RESOLVED:� That the Mayor and Borough Clerk be authorized to sign an

Indemnity and Hold Harmless Agreement with Union Township for the use of their Police

Firing/Gun Range by the Kenilworth Police Department.

RESOLUTION NO. 7

WHEREAS, permission is required of the Director of the Division of Local Government

Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance; and

WHEREAS, P.L. 2001, c.138 permits municipalities to lapse unexpended balances budgeted annually for snow removal; and

WHEREAS, N.J.S.A. 40A: 4-39 provides that the Director of the Division of Local

Government Services may approve expenditures of monies by dedication by rider;

NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of Kenilworth, County of Union, State of New Jersey as follows:

1.    The governing body hereby requests permission of the Director of the Division of Local Government Services to pay expenditures for Snow Removal created in accordance with the provisions of P.L. 2001, c.138 as per N.J.S.A. 40A:4-39; and

2.    The municipal clerk of the Borough of Kenilworth is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

I, Hedy Lipke, Municipal Clerk of the Borough of Kenilworth, in the County of Union and State of New Jersey do hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the governing body of the Borough of Kenilworth, County of Union, State of New Jersey at a regular meeting of said governing body held on November 10, 2010.

_________________________________

Hedy Lipke, Municipal Clerk

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Proposed Ordinance No. 2010-14 was read for second reading as follows:� (Copy appears in Minutes of October 13, 2010)

����������������������������������� ����������������������� �ORDINANCE NO. 2010-14

����������������������������������� ORDINANCE AMENDING CHAPTER 91, ARTICLE I AND

����������������������������������� CHAPTER 198-B OF THE CODE OF THE BOROUGH OF

����������������������������������� �������������� KENILWORTH � FEES AND LICENSES

Mayor Fiamingo stated this is a second reading on an ordinance which would slightly raise some of the fees and licenses that we charge in the Borough.� She said there are limits on how much we can increase the fees.� We have increased them just to take into account the current situation with inflation.�

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-14.

No one desiring to be heard, Mayor Fiamingo closed the hearing on Ordinance No. 2010-14.

RESOLUTION NO. 8

Introduced by Ton Sosnosky adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2010-14 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor

Proposed Ordinance No. 2010-15 was read for second reading as follows:� (Copy appears in Minutes of October 13, 2010)

ORDINANCE NO. 2010-15

AN ORDINANCE DELETING AND REPLACING, IN ITS ENTIRETY,ARTICLE II OF CHAPTER 106 OF� THE BOROUGH CODE WHICH ESTABLISHES A MANDATORY PROGRAM FOR THE SEPARATION OF CERTAIN MATERIALS FROM RESIDENTIAL AND NON-RESIDENTIAL PREMISES FOR RECYCLING PURPOSES, PROMULGATING RULES ANDREGUALTIONS THEREFORE, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF

Mayor Fiamingo said this is a second reading on an ordinance which replaces our recycling ordinance.� She said the State issued new rulings requiring us to amend this ordinance.�

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Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-15.

No one desiring to be heard, Mayor Fiamingo closed the hearing on Ordinance No. 2010-15.

RESOLUTION NO. 9

Introduced by Toni Sosnosky adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2010-15 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor

Proposed Ordinance No. 2010-16 was read for a first reading as follows:� (Copy attached)

���������������������������� ORDINANCE NO. 2010-16

ORDINANCE PROVIDING THAT $19,188.28 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FUNDING FOR RENOVATIONS TO VARIOUS MUNICIPAL FACILITIES IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this is a first reading on an ordinance that would allow us to utilize funds on open ordinances that are no longer needed for those purposes to reallocate them to other projects that we do need.� The second reading will be held on December 8^th and anyone who has a comment may do so at that time.

RESOLUTION NO. 10

Introduced by Brian Joho adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-16 be and the same is hereby passed on first reading and ordered published for final hearing on December 8, 2010.

Upon roll call all in favor.

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Proposed Ordinance No. 2010-17 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2010-17

ORDINANCE AMENDING ORDINANCE 2009-18, SECTION 1, PROVIDING FOR COMPENSATION FOR CERTAIN BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo stated this is an amendment to the salary ordinance in which we have a range for certain employees and only one of those employees would not meet within the current guidelines.� The second reading will be held on December 8^th at which time anyone who wishes to comment may do so.

RESOLUTION NO. 11

Introduced by Brian Joho adoption by same

Seconded by Sal Candarella

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-17 be and the same is hereby passed on first reading and ordered published for final hearing on December 8, 2010.

Upon roll call all in favor.

Proposed Ordinance No. 2010-18 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2010-18

TEMPORARY REASSIGNMENT OF DUTIES

ORDINANCE AMENDING ORDINANCE NO. 2009-03 - �PERSONNEL POLICIES & PROCEDURES�,� DELETING SECTION ONE �TRANSITIONAL DUTY POLICY� AND REPLACING IT WITH �TEMPORARY REASSIGNMENT OF DUTIES POLICY.�

Mayor Fiamingo stated this is a first reading on an ordinance that amends the employee policy that we currently have for reassignments of light duty.� The second reading will be on December 8^th at which time anyone who has a comment may do so at that time.

RESOLUTION NO. 12

Introduced by Sal Candarella adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-18 be and the same is hereby passed on first reading and ordered published for final hearing on December 8, 2010.

Upon roll call all in favor.

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

MEETING OPEN TO THE PUBLIC

No one wished to speak.