REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JANUARY 26, 2011.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

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

Mayor Fiamingo read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Joho, seconded by Councilman Candarella, and carried that the minutes of the Reorganization Meeting of January 2; the Special Closed Session of January 10; the Work Session of January 11 and the Council Meeting of January 12, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. Notice to Property Owners from Union 22 Plaza, LLC, 900-930 Springfield Road, Union, of a Hearing on an application for a subdivision and variance before the Union Township Planning Board on January 27, 2011.
2. Notice to Property Owners from Merck & Co. of the Hearing before the Kenilworth Planning Board on January 27, 2011 on an application for a major site plan and Variance.
3. Notice of Claim received on January 14, 2011 � Garcia v. Kenilworth � claiming injuries sustained in an incident regarding snowplow operation.� Claim forwarded to our insurance company.
4. Letter from Robert Renaud, Tax Appeal Counsel, asking that the Governing Body pass a Resolution authorizing the Tax Assessor and the Tax Appeal Attorney to file counter claims in Tax appeals for tax year 2011.
5. Letter from Shirley Boyden Maxwell, President of Kenilworth Historical Society asking for approval to have their annual communitywide Garage Sale on October 1, and 2^nd and also for approval to host a �Freedom Run and Walk� on Sunday, September 25, 2011.

�It was moved by Councilman Candarella, 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

Mayor Fiamingo said she met with some individuals from Merck regarding their plans for the Merck Campus.� At this point the only plans they have are to expand K-15 which is the Research and Development Building and the small building that has the HVAC in it.� They have not fashioned a plan for anything else.� The manufacturing has been phased out over the next year or so.

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The Mayor asked residents to please shovel their sidewalks.� If you are unable to do so because of your age or an infirmity the Mayor said she would like to arrange something with the school to work that out.

The Mayor said we have an Energy Grant Approval for $150,000.000 worth of energy efficiency improvements in the various Borough buildings. She said we have an additional $20,000.00 grant on top of the $150,000.000. It is for buildings like Borough Hall, Senior Citizen Center, Library, Fire Department, Rescue Squad, Board of Health, Public Works Garage and Recreation Center.� This grant will help make these buildings more energy efficient.

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee has met with all the Department Heads to review their 2011 budget proposals.� The Committee will review them next week and then bring them to the Council.� The Borough was awarded a Department of Transportation Grant of $190,000.00 for work on Washington Avenue.��

DEPARTMENT OF PUBLIC WORKS

Council Corvelli said he just spoke with Superintendent Ryan, obviously everyone knows we are in for another snow storm.� He said the DPW is stocked with salt and the men have been notified.� He urged everyone to use patience because the guys are doing the best they can. He said brush had to be cancelled due to the snow.� He said Kerry Senica applied for a 2010 Recycling Grant and it was awarded to Kenilworth for $3,000.00.�

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese had nothing to report.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella said the Master Plan Revision Committee met and discussed all of the issues that were brought up in the Open Public Meeting.� The changes will be presented to the Planning Board and then to the Council for input and the next public hearing for the Master Plan will be February 26^th.� She said it will be on the web site and in the Clerk�s Office� a week prior to the meeting.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported that Friday, January 28^th is Rec. Night for 1^st and 2^nd graders, from 7:00 pm to 9:00 pm.� On February 4^th they will have Rec Night for 5^th and 6^th graders from 7:00 pm to 10:00 pm.� He said next month the Recreation Department will be having their re-organization meeting.

The Mayor said if anyone is interested in helping the Recreations Department, please call Borough Hall.

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DEPARTMENT OF HEALTH, EDUCATION & WELFARE

.Councilman Klinder said the Kenilworth Public Library Book Club discussion on the novel Olive Kitteridge by Elizabeth Strout on February 22, 2011.

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

CONSENT AGENDA

Resolutions No. 1 thru� 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 Klinder moved that all items under Consent Agenda be approved, seconded by Councilman Corvelli. 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 following� be appointed as Probationary EMT�S on the Kenilworth Volunteer Fire Department:

����������������������������������� ����������� JOSEPH KOPF, III � PROBATIONARY� EMT

����������������������������������������������� JUSTIN A. PETERS � PROBATIONARY EMT

����������������������������������������������� NICOLE D. ANTONICELLO � PROBATIONARY EMT

RESOLUTION NO.� 3

RESOLUTION AUTHORIZING THE TAX ASSESSOR AND TAX APPEAL

ATTORNEY TO FILE COUNTERCLAIMS

WHEREAS, it is anticipated that certain taxpayers of the Borough of Kenilworth will file tax appeals disputing their assessed valuation for the year 2011; and

WHEREAS, the Tax Assessor is of the opinion that said properties, in some cases, are undervalued and that the assessed value of said properties should be increased and not decreased as the taxpayer seeks; and

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WHEREAS,� a method exists in the Tax Law for the Municipality to counterclaim against the property owner to seek an increase in the assessed value; and

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Kenilworth that the Tax Assessor, Paul� Parsons, and the Tax Appeal Attorney of the Borough of Kenilworth, Robert F. Renaud, are authorized and directed to take whatever steps necessary and appropriate to file counterclaims against the taxpayer in question seeking to raise the assessed value of said properties to the value which the Tax Assessor deems to more properly reflect the value of said property for the year 2011.

RESOLUTION NO. 4

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

����������������������� �

#1003 Kenilworth Historical Society for a On-Premise 50/50 Raffle on March 1, 2011 at 526 Boulevard, Kenilworth, NJ.

RESOLUTION NO. 5

Be It Hereby Resolved:�

WHEREAS, sealed bids were received on January 19, 2011 for 2010 NJDOT & Capital Roadway Improvements (No. 8^th Street) and Lancha Construction Corp, 49 Grochowiak St., South River, NJ� 08882 having submitted the lowest responsible bid as follows:

����������������������������������������������������������� $320,665.00

NOW, THEREFORE, BE IT RESOLVED that Lancha Construction Corp be awarded the bid for 2010 NJDOT & Capital Road Improvements.

Be It Further Resolved� that pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth

RESOLUTION NO. 6

WHEREAS, The Borough of Kenilworth, County of Union has applied for the NJ Clean Energy Program Direct Install Program for $250,000.00

WHEREAS, Tri-State Light & Energy performed an Energy Audit for eight Borough Buildings and submitted energy upgrades.

WHEREAS, each of the buildings were approved for the program which will pay 60% of each project�s estimated cost.

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WHERAS, in addition to the Direct Install Program grants, the Borough received a $20,000.00 Energy Efficiency Block Grant which may be applied to the same programs.

BE IT FURTHER RESOLVED that Mayor Kathi Fiamingo be authorized to send a letter of intent that the Borough intends to accept this grant..�

MEETING OPEN TO THE PUBLIC

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

John Bury, 417 North 15^th Street � Mr. Bury asked what the major site plan and variance at Merck was about?� Mayor Fiamingo said they are adding 120,000 sq. feet to the K-15 Building which is a research and development building.� Mr. Bury asked if this means more tax money for the Borough?� The Mayor replied the people will not be there but the buildings will still be there and they will be taxable assets.� Mr. Bury asked if the NJ Clean Energy Program was for solar panels.� The Mayor said it is for energy efficient lighting, thermostats, motion detector lights.� Mr. Bury asked if everyone gets these things and the Mayor said you have to apply for it.� She said there was an article in the newspaper in December that said no one was applying for it and we did and we were successfully in obtaining a nice size grant. Mr. Bury asked if there was any possibility that there would be adult basketball through the Recreation Department anytime soon?� The Mayor said part of the problem is the gym time and she asked Mr. Bury for his information and it would be passed on to Pat Boyle who is the Recreation Director.�