Council Minutes from 12/8/2010
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, DECEMBER 8, 2010.� ACTING MAYOR BRIAN JOHO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Brian Joho, Scott Klinder,Toni Sosnosky. Kevin Leary and Fred Pugliese were absent. ���

Acting Mayor Joho read the requirements of the Open Public Meetings Act.

Acting Mayor Joho stated that Councilman-elect Peter Corvelli is in attendance and that Mayor Fiamingo is absent and he, as Council President, will preside over the meeting.�

The Salute to the Flag was led by Acting Mayor Joho.

MINUTES

It was moved by Councilman Candarella, seconded by Councilman Klinder, and carried that the minutes of the Work Session Meeting of November 9, 2010 and the Regular Council Meeting of November 10, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

  1. �Letter received from Superior Court of New Jersey Union Vicinage informing that their �Annual Municipal Court Visitation� is scheduled for Friday, February 4, 2011.
  2. Invitation received from VFW Post 2230 to their �Awards Night� honoring individuals on Saturday, January 22, 2011 and asking for an ad to be placed in their Souvenir Journal.
  3. Letter from Jessica Weinberg informing she is resigning as Board of Health Registered Environmental Specialist as of December 17, 2010.
  4. The Reorganization Meeting of the Governing Body of the Borough of Kenilworth will be held on Sunday, January 2, 2011 at 12 Noon.

REPORTS

  1. �Police Report for the month of November, 2010.
  2. Construction Department Report for the month of November, 2010
  3. Borough Clerk�s Report for the month of November, 2010.
  4. Fire Department/Rescue Squad Report for the month of November, 2010.

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

 

REPORT OF COMMITTEES

Acting Mayor Joho reported New Jersey Turnpike Authority will be installing a bird deterrent system over the sidewalks and along the full length of the bridge abutment of the Garden State Parkway overpass on Michigan Avenue.� The work will also involve clean-up of any bird waste

Council Meeting � December 8, 2010����������������������������������������������������������������������� ���������� Page 2

remaining on the sidewalk and the bridge.� He said this has been a hazard and it is good that they are addressing the situation.

Acting Mayor Joho said the Kenilworth Veteran Center, Post 2230 will have their third annual Awards Night honoring Paul Campanelli, Rick Harrison, Joe Padula, Bill Sinkowitz, Bill and Gina Tipton and Diane Westbrook on Saturday, January 22, 2011 from 8:00 to midnight at the Kenilworth Veteran Center.

He also reminded everyone there is a Special Work Session Meeting on Monday, December 20, 2010 for Council Reorganization and appointment discussions and any other pertinent business.

The 2011 Re-Organization Meeting will be held on Sunday, January 2, 2011 at 12 noon.

Acting Mayor Joho mentioned the Tree Lighting Ceremony was a success thanks to the efforts of Katherine Joho, Barbara Morison, Councilwoman Sosnosky and Mayor Fiamingo.� He also thanked the Girl Scouts and Boy Scouts for singing the carols.

DEPARTMENT OF FINANCE

Councilman Joho reported the tax collection rate as of November 30th was 98.63% with delinquent balances of $447,942.76 covering 134 properties.� He said this is good news and better results than in 2009 and 2008 at this same time.� The Finance Committee met with a grant consulting firm as they continue to explore different avenues and revenue sources in anticipation of what should be a financially challenging year in 2011.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has been working on curbside leaf pick-up, maintenance of the sanitary sewers and landscaping Borough properties and parks. Our Borough mechanic, Bernie Bunger, has finished all repairs and maintenance on all of the snow removal equipment.� The 2011 Public Works Information Guide will be mailed to our residents at the end of December.� Please note that General Household Clean-up normally held during the months of April and September will take place during the months of April and October next year.

Councilwoman Sosnosky read a portion of a letter from Kassie Joho, Pride In Kenilworth Committee Chairwoman, that read as follows; Dear Superintendant Ryan, on behalf of the Pride In Kenilworth Committee, I would like to thank the members of the Kenilworth Department of Public Works and Sanitation who worked at the Kenilworth Street Festival on Sunday, October 24th.� In running an event there are always needs and changes that come up at the last minute.� Your men were very helpful and accommodating.� Walter Krieck and Derek Defuria were especially instrumental in getting everything set up and ready for the start of the event and were available whenever I needed them.� Ronald Friedman, David Gassman, Joseph Kania, Kerry Senica, Edward Jones, Richard Loxley along with Walter and Derek were visable and available all day for any needs that arose.� Everyone working together made for a very successful festival.� Thanks again to your staff.

Council Meeting � December 8, 2010����������������������������������������������������������������������� ������Page 3

 

 

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese was absent.� Councilwoman Sosnosky reported the Kenilworth Police Department received a $5,000.00 reimbursement grant from Highway Safety for DWI enforcement in December.� The Police Department completed their semi-annual firearms qualification and the E-Ticketing system has been installed in patrol vehicles and is in operation.���

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported they had their first open public meeting regarding the Master Plan.� They had several people attend and received some good input.� The next meeting for the public is on December 16, 2010 at 7:00 and everyone is welcome.� The Master Plan is currently available on the Kenilworth web site and you can also get a copy in the Clerk�s Office.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary was absent.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Kettle Drive started last Saturday and will be on for this Saturday December 11th and also December 18th.� All money taken in at the Kettle Drive will go to the Welfare Department.

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

 

CONSENT AGENDA

Resolutions No. 1 thru 14 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.

RESOLUTION NO. 2

Be It Hereby Resolved:� That the Chief Financial Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on January 12, 2011.

Council Meeting � December 8, 2010����������������������������������������������������������������������� ���� Page 4

RESOLUTION NO. 3

Be It Hereby Resolved:� That the attached list of Retirees be reimbursed for their payments for������� ���Medicare coverage from July 1, 2010 through December 31, 2010 inclusive, in accordance with Chapter 241, P.L. 1970 State of New Jersey.

RESOLUTUION NO. 4

WHEREAS, the New Jersey Board of Public Utilities, Office of Clean Energy administers the Local Government Energy Audit Program (Program), an incentive program to assist local government agencies to conduct energy audits and to encourage implementation of energy conservation measures; and,

WHEREAS, the Governing Body of the Borough of Kenilworth has decided to apply to participate in the Local Government Energy Audit Program; and,

WHEREAS, the facilities to be audited are in New Jersey, are owned by the Borough of Kenilworth, are served by a New Jersey regulated public utility, and that the Borough of Kenilworth has not already reserved $300,000 in the Program this year as of this application; and,

WHEREAS, it is acknowledged that acceptance into the Program is dependent on the Scope of Work and cost proposal, and that Program rules will have to be met in order to receive incentive funds; and,

WHEREAS, upon acceptance into the Program, the Borough of Kenilworth will prepare Facility Data Forms and Scopes of Work for each facility to be audited, solicit quotations from the authorized contractors, and submit the Part B application; and,

WHEREAS, the Borough of Kenilworth understands that energy audit work cannot proceed until a Application Approval Notice is received from the Program; and,

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth, approves the submission of an Application for participation in the Local Government Energy Audit Program of the New Jersey Board of Public Utilities; and,

CERTIFICATION

I, ____________________________, (Clerk/Secretary of the Local Unit) of the Borough of Kenilworth in the County of Union, and the State of New Jersey do hereby Certify that the foregoing Resolution is a true copy of the Original Resolution duly passed and adopted by a majority of the full membership of the Borough of Kenilworth at its meeting of ___________________.

�����������������������������������������������������������

Council Meeting � December 8, 2010����������������������������������������������������������������������� ������ Page 5

RESOLUTION NO.5

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

�����������������������������������������������

#03-11� St. Theresa�s Rosary Society to hold Bingo once a week on Sundays from January 9, 2011 to December 18, 2011 at 541 Washington Avenue, Kenilworth, NJ.

RESOLUTION NO.6

WHEREAS, Zinn Title Agency, LLC paid the property taxes for the 4th quarter of 2010 for the property located at 337 Ashwood Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 4th quarter of 2010;

WHEREAS, Zinn Title Agency, LLC has requested that the overpayment of the 4th quarter be refunded to the 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

����������� 167����������������� �������� 4������������������������ Zinn Title Agency, LLC���������������������������������� $ 1,756.85

����������������������������������������������������������������������� 495 Plainfield Avenue

Berkeley Heights, NJ 07922

����������������������������������������������������������������������������������������������������������������������� TOTAL����������� $ 1,756.85

RESOLUTION NO. 7

WHEREAS, Stanley and Marleen Miklas paid the property taxes for the 4th quarter of 2010 for the property located at 122 Park Drive, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 4th quarter of 2010;

WHEREAS, Stanley and Marleen Miklas have requested that the overpayment of the 4th 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.

Council Meeting � December 8, 2010����������������������������������������������������������������������� ��������� Page 6

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

����������� 94������������������� �������� 8������������������������ Miklas, Stanley and Marleen������������������������� $ 970.18

����������������������������������������������������������������������� 122 Park Drive

Kenilworth, NJ 07033

�����������������������������������������������������������������������

����������������������������������������������������������������������������������������������������������������������� TOTAL����������� $ 970.18

RESOLUTION NO. 8

WHEREAS, Titleserv of NJ paid the property taxes for the 4th quarter of 2010 for the property located at 32 North 18th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 4th quarter of 2010;

WHEREAS, Titleserv of NJ has requested that the overpayment of the 4th 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

����������� 54������������������������������� 10������������������� Titleserv of NJ����������������������������������������������������������� $ 1,795.79

����������������������������������������������������������������������� 88 Froehlich Farm Blvd

Woodbury, NY 11797

����������������������������������������������������������������������������������������������������������������������� TOTAL����������� $ 1,795.79

RESOLUTION NO. 9

WHEREAS, First American Title paid the property taxes for the 3rd quarter of 2010 for the property located at 621 Washington Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 3rd quarter of 2010;

WHEREAS, First American Title has requested that the overpayment of the 3rd 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

����������� 85������������������������������� 11������������������� First American Title���������������������������������������� $ 139.87

����������������������������������������������������������������������� Building 6, Floor 3

����������������������������������������������������������������������� 6 Campus Circle

West Lake, TX 76262��������� TOTAL$ 139.87

Council Meeting � December 8, 2010����������������������������������������������������������������������� �������� ���Page 7

�����������������������������������������������������������������������������������������������������������������������

RESOLUTION NO.10

WHEREAS, the Tax Assessor has approved an application for the Veteran�s Widow deduction for the property located at 14 North 13th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 4th quarter of 2010;

WHEREAS, Marilyn Brady has requested that the overpayment of the 4th quarter be refunded to her;

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

����������� 77������������������� �������� 23���������������������� Marilyn Brady������������������������������������������������ $ 250.00

����������������������������������������������������������������������� 14 North 13th Street

Kenilworth, NJ 07033

����������������������������������������������������������������������������������������������������������������������� TOTAL����������� $ 250.00

RESOLUTION NO 11�����������

Be It Hereby Resolved:� That the Governing Body of the Borough of Kenilworth approve the submission of a Year 37 Community Development Grant Application for �Senior Citizen Transportation� in the amount of $5,000.00

RESOLUTION NO. 12

WHEREAS,� Scott Vanek has been involved in Scouting for eleven years; and

WHEREAS, Scott Vanek is in Boy Scout Troop 83 in Kenilworth; and

WHEREAS, Scott Vanek has achieved the rank of Eagle Scout which is the highest rank in Scouting; and

WHEREAS, Scott Vanek completed all 21 required Merit Badges and a community service project which involved renovations to the Kenilworth Recreation Center; and

WHEREAS, Scott Vanek is the fifth Scout in Troop 83 to achieve Eagle Rank; and

WHEREAS, Scott Vanek is also involved in numerous areas outside of Scouting; and

WHEREAS, Scott Vanek will be presented his Eagle Award at a Court of Honor on January 9, 2011.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth congratulate Scott Vanek upon attaining the Eagle Scout Rank and also commend his involvement and commitment to the other activities in which he is involved.

Council Meeting � December 8, 2010����������������������������������������������������������������������� ����������� Page 8

RESOLUTION NO. 13

BE IT HEREBY RESOLVED:� That the Governing Body of the Borough of Kenilworth hereby ratify the Amendment to the Municipal Waste Disposal Agreement with the Union County Utilities Authority and that the Mayor and Borough Clerk be authorized to sign said Agreement.

RESOLUTION NO. 14

 

RESOLUTION AUTHORIZING ENTRY AND EXECUTION OF THE MUNICIPAL JOINT DEFENSE GROUP AGREEMENT AND DESIGNATION OF MUNICIPAL LIAISON COUNSEL IN THE ACTION ENTITLED NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, V. OCCIDENTAL CHEMICAL CORPORATION, ET AL.

WHEREAS, certain claims have been asserted against the Borough of Kenilworth in the action entitled New Jersey Department of Environmental Protection v. Occidental Chemical Corporation, et al., Docket No. ESX-L-9868-05 pending in the Superior Court of New Jersey, Law Division, Essex County, or any other related cases in State or Federal Court related to the Newark Bay Complex (hereinafter referred to as the �Litigation�) regarding alleged discharges of hazardous substances into bodies of water defined as �the lower seventeen (17) miles of the Passaic River, Newark Bay, the lower reaches of the Hackensack River, the Arthur Kill, the Kill Van Kull and adjacent waters and sediments� (hereinafter collectively referred to as the �Newark Bay Complex�);

WHEREAS, without admitting any fact, responsibility, fault and/or liability in connection with the claims asserted against it in the Litigation, the Borough of Kenilworth, wishes to designate a municipal liaison counsel and enter into a Municipal Joint Defense Group Agreement for the purposes of� devoting its resources to respond efficiently to the claims asserted against it in the Litigation, allocating among other third-party defendant municipalities and municipal entities common legal, technical, administrative and other costs incurred in the Litigation, and cooperating with other third-party defendant municipalities and municipal entities in this effort;

WHEREAS, neither the Notice of Designation of Municipal Liaison Counsel nor the Municipal Joint Defense Group Agreement effect or impact in any way the right of the Borough to maintain and retain Harvey Fruchter as its own separate counsel in addition for the record with respect to the Litigation;

WHEREAS, a copy of the Notice of Designation of Municipal Liaison Counsel and a copy of the Municipal Joint Defense Group Agreement are in the Clerk�s office and are incorporated by reference hereto;

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth as follows:

1.    The above recitals are adopted and incorporated herein as if fully set forth at length.

Council Meeting � December 8, 2010����������������������������������������������������������������������� ������� Page 9

2.� The Borough by the Mayor is hereby authorized to execute the signature page of a �Municipal Joint Defense Group Agreement, and thereafter transmit said signature page to Peter J. King, Esq., King & Petracca, 51 Gibraltar Drive, Suite 1D, Morris Plains, New Jersey 07950-1254, [email protected].

3.�� The designation of Peter J. King, Esq. as municipal liaison counsel on behalf of the Borough is hereby ratified to supplement the efforts of the Borough's representation by Harvey Fruchter.

4.�� This resolution shall take effect immediately.

ATTEST:�������������������������������������������������������� BOROUGH of KENILWORTH

______________________���������������������������� ___________________________________

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

����������������������������������������������������������������������� ____________________________________

DATED: 12/8/10�������������������������������������������������������� Title:

I, Hedy Lipke, Clerk of the Borough of Kenilworth, County of Union, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a Resolution adopted by the Borough at a meeting held on December 8, 2010.

�����������������������������������������������������������������������������������������������

________________________

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

Proposed Ordinance No. 2010-16 was read for second reading as follows:� (Copy appears in Minutes of November 10, 2010)

���������������������������� 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.

Acting Mayor Joho opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-16.

No one desiring to be heard, Acting Mayor Joho closed the hearing on Ordinance No. 2010-16.

Council Meeting � December 8, 2010����������������������������������������������������������������������� ������ Page 10

RESOLUTION NO. 15

Introduced by Brian Joho adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2010-16 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. 2010-17 was read for second reading as follows:� (Copy appears in Minutes of November 10, 2010)

ORDINANCE NO. 2010-17

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

Acting Mayor Joho opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-17.

No one desiring to be heard, Acting Mayor Joho closed the hearing on Ordinance No. 2010-17.

RESOLUTION NO. 16

Introduced by Brian Joho adoption by same

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2010-17 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. 2010-18 was read for second reading as follows:� (Copy appears in Minutes of November 10, 2010)

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.�

Council Meeting � December 8, 2010����������������������������������������������������������������������� Page 11

Acting Mayor Joho opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-18.

No one desiring to be heard, Acting Mayor Joho closed the hearing on Ordinance No. 2010-18.

RESOLUTION NO. 17

Introduced by Brian Joho adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2010-18 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor

RESOLUTION NO. 18

Introduced by Brian Joho adoption by same

Seconded by Sal Candarella

Be It Hereby Resolved:� That all non-union employees of the Borough of Kenilworth receive a 1.5% salary increase for Year 2010 retroactive to January 1, 2010 and that the salary of the Municipal Prosecutor be increased by $3,500 for Year 2010.

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

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

MEETING OPEN TO THE PUBLIC

Trudy Neuhauser, 45 So. 17th Street � Ms. Neuhauser thanked the Mayor and Council for all their hard work this year.� She thanked Councilwoman Sosnosky for all her hard work and dedication during the past three years.� She gave kudos to the DPW because they did a great job on the leaf collection.

Bob Beiner, 36 South 24th Street � Mr. Beiner asked the Council for a list of the costs for the Street Fair, including overtime costs and the number of hours used in overtime, what they paid the planner and all profits that were made.� He asked if the Council could provide those numbers at the next meeting.

Mr. Beiner asked if the Council knew when they bought the property on 23rd Street that there were ADA issues? And did they know they would have to spend $10,000.00 to upgrade the house? Councilman Candarella said yes they did know.� He said the Borough may or may

Council Meeting � December 8, 2010����������������������������������������������������������������������� Page 12

not turn the building into an ADA accessible building. He said there is nothing that says they have to make it ADA accessible.� He said the public will not be using the building.� Anyone who needs to have a meeting with one of the officers will be meeting in Municipal Building which is ADA accessible.� Mr. Beiner asked if the building was in use right now?� Mr. Candarella said they are in the process of putting in the phone lines, alarm systems and other things that are necessary for the department to be there.� Mr. Beiner asked if the ADA requirements were going to hold up using the house?� Councilman Candarella said absolutely not, the building does not have to be ADA accessible for our officers to be there.

Councilman Joho said they will have a full accounting of the Street Fair at the next meeting.

Livio Mancino, 102 North 24th Street � Mr. Mancino said the Municipal Building looked nice. Mr. Mancino said the Borough made a 1 �%� raise to the Borough employees retroactive to January, 2010 and that is in line with what took place at the Board of Education so he is not going to fight it. He asked why the Prosecutor was increased $2,500 and why is it retroactive? Councilman Joho said the Court changed during the year from Monday nights to being a full day Monday and his hours of service increased.� He said in fairness to the individual we had to increase his stipend.� Mr. Mancino said he heard that court went a lot faster when it was changed from night to day.� Councilman Joho said it is actually more time spent in the court and it is also his prime time because obviously he normally works during the day.� He said now instead of him being able to do his day job and work as Prosecutor for the Borough in the evening, the situation has changed requiring him to be here during the day.� Mr. Mancino asked if he was under contract when he was appointed at XX amount of dollars.� Councilman Joho said yes it was a fixed amount by Resolution at the Re-Organization Meeting and we have adjusted it accordingly. Mr. Mancino asked why the resolution was done tonight when the change took place last April?� Councilman Joho said it was discussed among the Council and we had the opportunity to do it today. Mr. Mancino said the Prosecutor should have been made to understand that Court was changing from the evening to the daytime during his primary hours and if he was uncomfortable with that he should have said he could not fulfill his obligations or he should have said before he continues the Borough they will have to give him X amount of dollars because it is encroaching on his prime time. Mr. Mancino said that was not done. �Harvey Fruchter said by the Prosecutor switching from evening to the day it greatly impacts his calendar call which prohibits him from practicing law during the day.�� He said the Police Department was extremely pleased with the services that he rendered.� Mr. Fruchter said the Prosecutor asked for it several times or he was going to have to resign. He said what he contracted for was half days and half evenings and the Court, without talking to him or verifying that he was able to switch from evenings to days, made the change. He said we changed the terms in which he was working under and thus the Council took it upon themselves to compensate him for the time. Mr. Mancino said the Prosecutor should have said right away what he wanted to do� It seems the Borough vacillated and then at the end of the year gave him $2500.� He said that does not seem like enough money to compensate an Attorney who is losing his prime time.� Councilman Joho said the original resolution was for $11,500 and this increase brings him to $15,000.00 and he said Mr. Mancino is right, that is not enough compensation for a Prosecutor of his worth.�

Council Meeting � December 8, 2010����������������������������������������������������������������������� Page 13

Mr. Mancino said a few meetings ago he complained to Councilman Candarella that some of the lights along the Boulevard are out and Councilman Candarella said to him if he wants it done all he has to do is call public service. Mr. Mancino said he called public service and they said shame on that councilman and we do not go to an individual house on a call, especially if people are walking and in 2 or 3 areas it�s dark.� He said that public service said it would be nice if the department head or the Clerk called them and let them know.�

Mr. Mancino said he has not seen the Master Plan but if there are radical changes in the Borough then they should have sustenance to the hilt to support those changes.� He said the Master Plan is something the Borough has to live with and he hopes there is enough sustenance to make certain that whatever we are spending is not jeopardizing any of the areas or changes the culture of the town or it�s long history of a community that people like to live in.� He asked what is the cost to date for the Master Plan and what does the contract cost?�� Councilman Candarella said the contract was signed about two years ago and he does not know the number off the top of his head.� He said he does have a number in his head but he is not sure if it�s the correct number so he would rather not say it until he is certain.� Mr. Mancino said he should remember the number on the contract.�

Mr. Mancino said the Council should repeat it�s performance from last year regarding taxes and everything else.� His endeavor is to get a zero tax base from the school.� He said they are working diligently to get that.� He commended the Council on doing a great job.� He commended the town on electing a new person and Mr. Joho.� He said Ms. Sosnosky did a great job. He said he is mandating the Council to come to a zero budget for the year 2011.

Councilman Joho said in regard to the Resolution No. 18, the full-time non-union employee raise of 1.5% affects 14 employees and is a $16,521.00 increase.� He said statutorily there are employees that could have received a higher raise and have refused that this year. He said these full time employees are also the first in the Municipality to be effected by Governor Christi�s health benefit surcharge.� He said these individuals have already contributed more than most.

Frank Pugliese, 235 North 13th Street � Mr. Pugliese said he has been coming to the meetings a long time and he never heard Mr. Mancino say anything nice.� He wished everyone a Merry Christmas and a Happy New Year.

� Motion was made by Councilman Candarella, seconded by Councilman Klinder to close the meeting to the public.� All in favor.

GENERAL BUSINESS

Councilman Klinder said it has been a pleasure working with Councilwoman Sosnosky.� He said she has been a tireless worker and a dedicated Councilperson.� He said they served on two committees and she always did what was best for the people of Kenilworth.� He said she will be missed.

Councilman Candarella said he does not like to be given mandates, which is not the proper term and he is sure Mr. Mancino would take that word back.� He said regarding PSE&G, he himself, has called public service and they came out and trimmed the tree in front of his house and that process does work.� He said if your lights are being blocked or the wires

Council Meeting � December 8, 2010����������������������������������������������������������������������� Page 14

from a tree are endangering the wires, you can call public service and they will come out.�

Councilman Candarella said regarding the Master Plan..it is a vision of what we want the town to be in the next six years.� He said many people have spent many countless hours working on this vision.� He said it is what we want our town to be going forward and it will be revisited after six years.� He said he cannot believe that Mr. Mancino would comment on a Master Plan that he has not even seen or read.� He said that Mr. Mancino should read the Master Plan, study it and come on December 16th with some intelligent questions and suggestions for us.

Councilman Candarella said it was a pleasure working with Councilwoman Sosnosky over the past three years.� He said she has worked very hard and he wished her much success.

Councilwoman Sosnosky said when her neighbor Trudy approached her to become a challenger for the Republican Party in the 2006 Election, little did she know when she said yes what road she would be travelling.� Later that year she got involved with the Republican Committee in Kenilworth and at one meeting in particular they needed another candidate to run for Council.� She found herself saying she will and then she thought what does that involve, how much time, responsibility and is there a salary?� She said all her questions were answered.� She was told by the Committee that a Council Member is a part-time position with an annual salary of $500.00 and she would have to attend meetings.� She said she thought she could do that.� She said she always wanted to get involved in her Community and with a salary of $500.00 a year she did not have to worry about a higher tax bracket.� During the campaign she learned about the work involved when running for public office.� Many hours were spent in meetings, attending fund raisers and door to door campaigning, it was a long year.� Then on November 6, 2007 election night, she could not believe how nervous and excited she was.� What if I lose? Worse yet, what if I win?� The emotions were going back and forth and then the numbers were in and she was elected Councilwoman in the Borough of Kenilworth.� It filled her with joy and apprehension.� On January 1, 2008, she took the Oath of Office for Councilwoman and she was� nervous.� She remembered the first time she took an oath when it was to become a citizen of the United States of America which was one of the most proudest moments of her life and taking this oath was the second most.� As Councilwoman of this Borough, she took her job very seriously.� She was asked what department she wanted to Chair.� What you should know is every Councilperson has the opportunity to Chair different departments such as Finance, DPW, Planning & Zoning, Health, Education & Welfare and Fire and Recreation.� She chose the Chair of the Department of Public Works which she believes has the most impact to the residents on a day to day basis.� At the first opportunity Councilman Pugliese introduced her to the members of the DPW and from that time on she took a hands-on approach.� During her term in office she had many accomplishments like bringing forth to Mayor and Council the need for new equipment at the DPW to better serve the people of Kenilworth.� She was able to negotiate a� cost factor in bringing televised coverage of all Borough meetings. �She was able to rectify a flooding problem on Windsor Place and Arbor Lane.� She introduced the Mayor and Council to provide ID cards for all Borough employees. She served on the Community Development Revenue Sharing Committee, responsible for grants and looking out for Kenilworth�s fair share.� She volunteered and was Chair of the Beautification Committee which is responsible for maintaining the planters on the Boulevard.� And on-

Council Meeting � December 8, 2010����������������������������������������������������������������������� Page 15

going is the establishment of a bus shelter on the Boulevard at the Post Office with continued negotiations with New Jersey Transit representatives.� Presently she is working with Verizon and Comcast to create a government channel for our residents.� These accomplishments and more were made possible with the support of the Mayor and Council and the Department of Public Works.� As many of you may know or not know, I am quite outspoken when necessary.� I am like the splinter in the lion�s paw.� I would like all our residents, no matter if Republican, Democrat or Independent to know that every word I spoke, every opinion I stated, every no or yes vote I made was done for the betterment of this Borough.� In closing I would like to thank my husband Walter for his support and understanding during her time as Councilwoman.� She also thanked Mayor Kathi Fiamingo, members of the Council and special thanks to Hedy and her staff for their cooperation and understanding during these last three years.� It has been an honor and a privilege to serve the people of Kenilworth and for that I thank you.� She extended her wishes for a Merry Christmas, Happy Holiday and a healthy and prosperous New Year.�

Councilman Joho thanked Councilwoman Sosnosky for her three years of service on Council, her dedication to the position and strong work ethic will be missed.

He wished everyone a very happy and healthy Holiday Season.� Merry Christmas, Happy Chanukah and Happy New Year.

ADJOURNMENT

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

8:45 P.M.������������������������������������������������������������������������������������������������������������������� ������������������������������������������������������������������������������������ Respectfully submitted,

����������������������������������������������������������������������������������������������������������������������������������������������� ������������������������������������������������������������������������������������

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



ADS - Applied Dynamic Solutions, LLC ADS, LLC   email webmaster