REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 9, 2011.� MAYOR KATHI FIAMINGO PRESIDED.

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

The Salute to the Flag was led by Mayor Fiamingo.

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.

MINUTES

It was moved by Councilman Joho, seconded by Councilman Candarella, and carried that the minutes of the Work Session of February 21 and the Regular Council Meeting of February 23, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Letter from Shawn Kelly, President, Kenilworth Volunteer Fire Department, announcing that the dates for the 2011 Fire Department Carnival will be Monday, August 15^th through Saturday, August 20^th, 2011.
Letter from Kenilworth Silver Card Association announcing their fund raising dinner on April 7^th and asking for an ad to be placed in their Journal.
Letter from Rahway Valley Sewerage Authority regarding Year 2011 Assessment for Kenilworth of $88,611.
Flyer received from the Kenilworth Historical Society announcing �Women�s History Month Celebration� on Thursday, March 24, 2011 at 7 P.M. at the Senior Center.
Letter from the Kenilworth Little League inviting Mayor and Council to attend their Opening Day Parade/Ceremony on Saturday, April 9^th.

REPORTS

1. Police Department Report for the month of February, 2011

2. Construction Department Report for the month of February, 2011.

3. Borough Clerk�s Report for the month of February, 2011.

4. Fire Department/Rescue Squad Report for the month of February, 2011.

It was moved by Councilman Klinder, seconded by Councilman Candarella, 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 she, along with Councilman Klinder, Councilman Joho and Bob Ordway, attended a Shared Services Summit that was sponsored by the Union County Freeholders.� They attended work-shops relative to shared services and also received information on projects that we are looking into for the Borough in order to reduce costs.

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The Mayor reminded everyone about �Relay for Life� event.� She said they will be posting the �Borough Council Team� on the Relay for Life web site.� She hopes everyone will participate and if you receive an e-mail from us looking for a donation, please feel free to help us raise money for a good cause.

The Mayor said she received an e-mail from a gentleman who is her contact at the DOT regarding the cell tower and he said no decisions have been made and to be reassured that there will be no further action taken without some consultation and they are working on alternatives.� She said it is not exactly what she would like to hear but it is better than hearing that they are moving forward.

Mayor Fiamingo met with representatives from Merck, along with Assemblyman Cryan, Assemblywoman Quijano about Merck�s plans for the Kenilworth site.� She said Merck is very much aware of their need to be a good corporate citizen and their impact on our community.� She said they are working to minimize any impact that their decision to move everything but their research and development will have on taxes for Kenilworth.� �She said they did not really answer a lot of questions because they do not have all the answers yet but they are working to get other people into the site in order to minimize any disastrous impact that they might have on our community. ��She said she was very much heartened by the discussion and very pleased by the participation of our Assembly people in this meeting. �It is a pleasure to see that they are interested in the welfare of our residents.

DEPARTMENT OF FINANCE

Councilman Joho reported that they intend to introduce the 2011 Municipal Budget at the next council meeting on March 23^rd and public comment and the vote for adoption will be at the April 27^th meeting.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli reported that the DPW is continuing to pave the streets, weather permitting. The 16^th Street catch basin was cleared of all the debris.� Brush pick-up will continue on our regular scheduled days.� The street sweeper is out and has picked up a lot of soot and gravel from the storms.� They received a new quote for the burned truck for $42,000.00.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese said he received the monthly report from Chief Grady and Detective Sgt. Timothy Dowd.� He received notification that the Kenilworth Emergency Management responded to 12 calls in the year 2010. Exclusively they were attending special events that were taking place throughout the town.� He advised that on April 30^th the Kenilworth Police Department will be participating in the �National Take Back Initiative� between the hours of 10:00 AM and 2:00 PM where all unused, unwanted and expired medications will be collected.

The Police Department released a press release about an incident that occurred during the first week in March.� A Kenilworth resident in the north side of town observed a man and woman acting odd in a suspicious vehicle and the resident contacted the Kenilworth Police Department.� The Police arrived and arrested the female suspect and she was charged with obstruction of the law and in hindering an apprehension.� The male was still unaccounted for and he was then discovered coming out from behind a house and was apprehended.� The male was an escapee from the penitentiary.� He said this was situation that could have gone bad and fortunately it did

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not. He urged residents that if you notice anything out of place or someone who looks like they should not be there, give the police a call.� He gave kudos to the resident and the Kenilworth Police Department.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported that at the last Planning Board Meeting on February 24^th, the Master Plan was adopted. He said it was a well-written document with suggested changes for our Borough and forecasting our future for the next six years worth of growth and development.� He thanked Kevin O�Brien, Rich O�Connor, members of the Master Plan Committee, the Planning Board and Mayor and Council for their hard work and many hours of input into the document.� He also thanked the residents who appeared at the public meeting and expressed their input into the document.� They heard many good suggestions from the residents and he thanked them for taking the time to come out.� The Master Plan in its final form can be found on our web site for everyone to view.� He said the next step in the process is to review our ordinances and make those changes so that they reflect the Master Plan.� He said this step is going to come slowly over the next year or so and he invited the public to come to the meetings, review the ordinances as they come across and get involved because it is the future of our Borough.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary read a letter from Barbara Wirkis to Chief Chief Giordino and the Volunteer Fire Department.� The letter said, �Thank you so much for responding to my home in the early morning of the 16^th.� Your quick response and competent manner were greatly appreciated.� I am proud and gratified to know Kenilworth has such dedicated people who respond to emergencies.� You have my appreciation for a job well done.�

Councilman Leary read a letter from Vera and Jerry Quinneth to the Kenilworth Rescue Squad that read �Vera and I wish to thank you for your wonderful service when Vera was in urgent need of emergency help in early January, 2011.� The responding team was excellent, responsive and professional.� Thank you again.

The Recreation Department Parade will be on April 2^nd and will kick off at Harding School at 11:00 am.� For more information you can visit the Kenilworth Recreation Web Site or you can contact Director Boyle at the Recreation Department.

This past week the Recreation Department had sign-ups for the Summer Parks Program and over 100 children signed up so far.�

Mayor Fiamingo said with respect to the Summer Parks Program, we encourage anyone who is interested in participating in the Summer Parks Program to contact the Recreation Department.

She said we are doing something different this year because it will be a paid program and that will insure that we will be able to do something special for the kids this year. The Mayor said the more people that sign up the more they will be able to gauge what they are going to do with the program. ��

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DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reminded everyone that the Rabies Clinic is March 20^th from 1:00 PM to 3:00 PM at the Fire House.� The Senior Citizen Handyman Program is going on and any senior citizen that needs minor repairs to their house should bring their application to Borough Hall. �

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

CONSENT AGENDA

Resolutions No. 1 thru 9 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.

The Borough Clerk advised that there is one addition to Resolution No. 2, the Rotary Club is issued an On-Premise Merchandise Raffle for April 8, 2011.

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 Borough Clerk be authorized to issue the following�� Raffle Licenses:

��

#1010� Livingston School PTA for a Tricky Tray Raffle on April 28, 2011 at 33 South 21^st Street, Kenilworth, NJ.

# 1011� Livingston School PTA for an On-Premise 50/50 Raffle on April 28, 2011 at 33 South 21^st Street, Kenilworth, NJ.

#1012� Kenilworth Historical Society for an On-Premise 50/50 Raffle on March 26, 2011 at North 22^nd Street, Kenilworth, NJ.

#1013 Rotary Club for a Merchandise raffle on April 8, 2011 at 33 South 21^st Street, Kenilworth, NJ 07033.

RESOLUTION NO. 3

WHEREAS, Convenient Closing paid the property taxes for the 1^st quarter of 2011 for the property located at 37 Park Drive, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 1^st quarter of 2011;

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WHEREAS, the property owners have requested that the overpayment of the 1^st 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

�� 89�� 8�� Timothy & Linda Murphy�� $ 1,257.71

�� 47 Park Drive

Kenilworth, NJ 07033

�� TOTAL�� $ 1,257.71

RESOLUTION NO. 4

WHEREAS, Transtar National Title paid the property taxes for the 1^st quarter of 2011 for the property located at 15 South 22^nd Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 1^st quarter of 2011;

WHEREAS, the Transtar National Title has requested that the overpayment of the 1^st quarter be refunded to the homeowner.

Block�� Lot�� Payable To:�� Amount

�� 116�� 18�� Daniel Russoniello�� $ 1,646.96

�� 15 South 22^nd Street

Kenilworth, NJ 07033

�� TOTAL�� $ 1,646.96

��

RESOLUTION NO. 5

WHEREAS, A & A Landscaping paid for a Peddler�s Permit for the purpose of selling Christmas Trees, and

WHEREAS, it has been determined that A & A Landscaping did not in fact sell Christmas Trees, and

WHEREAS, A & A Landscaping has requested a refund of the cost of the permit which is $200.00.

NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to issue a warrant to refund as stated below:

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Payable To:�� Amount

A & A Landscaping�� $ 200.00

354 Monroe Avenue

Kenilworth, NJ 07033

RESOLUTION NO. 6

BE IT HEREBY RESOLVED:�� That RICHARD VILLANE� be appointed as Probationary Fire Fighter/EMT on the Kenilworth Volunteer Fire Department:

RESOLUTION NO. 7

RESOLUTION DESIGNATING THE MONTH OF MARCH AS

�WOMAN�S� HISTORY� MONTH�

WHEREAS New Jersey women of every race, class, and ethnic background have made historic contributions to the growth and strength of our State in countless recorded and unrecorded ways;

WHEREAS New Jersey women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the State by constituting a significant portion of the labor force working inside and outside of the home;

WHEREAS New Jersey women have played a unique role throughout the history of the State by providing the majority of the volunteer labor force of the State;

WHEREAS New Jersey women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our State;

WHEREAS New Jersey women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement;

WHEREAS New Jersey women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and

WHEREAS despite these contributions, the role of women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American History;

WHEREAS the Department of Community Affairs, specifically the Division on Women�s goals are to remember and celebrate New Jersey women and to:

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� Ensure that NJ women are offered equal opportunities in education, the workforce and healthcare regardless of age, sexual orientation, income, ethnicity, race or religion.

� Identify, implement, measure and coordinate programs that address the needs of NJ women.

� Engage in continuous study and research on issues affecting NJ women and their families, develop policy papers and legislative recommendations

NOW, THEREFORE, BE IT RESOLVED by the Governing Body in the Borough of Kenilworth, State of New Jersey, that March 2011 is designated as �Women�s History Month� under the National Women History Project�s 2011 theme:� Our History is our Strength.

RESOLUTION NO. 8

RESOLUTION CALLING ON THE STATE LEGISLATURE AND THE GOVERNOR TO EXEMPT THE RESERVE FOR UNCOLLECTED TAXES FROM THE 2% CAP

WHEREAS, on July 13, 2010, Governor Christie signed into law P.L. 2010, c. 44, which reduced the cap on the property tax levy from 4% to 2% and limited the number of exemptions; and

WHEREAS, when the property tax levy was reduced, the exemption for the Reserve for Uncollected Taxes was removed; and

WHEREAS, in addition to collecting property taxes for its own operations, the municipality also serves as the collection agent for the county, school districts, fire districts and other special local entities; and

WHEREAS, the municipality must provide those entities with the full amount they deem necessary for their operations, regardless of the actual collection rate; and

WHEREAS, due to myriad factors beyond local control, the actual collection rate never equals the total local levy, especially during an economic downturn, when unemployment soars and property values plummet, causing an increase in tax appeals, which the municipality must defend and which subject the municipal budget to further losses, when successful; and

WHEREAS, to account for the shortfall and potential losses, State law requires the municipality to budget an appropriation in a line item known as the Reserve for Uncollected Taxes, which is generally determined through a formula driven calculation in which the variables change year to year; and

WHEREAS, without a levy cap exemption, municipalities will be forced to further cut their own operations, in order to meet the 2% tax levy cap to provide the county, school districts, fire districts and other special local entities the full amount they deem necessary for their operations; and

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WHEREAS, those other local entities, which do not have to budget for collection rate short-falls or the impact of declining property values, have been granted levy cap exceptions to address factors beyond their control; and

WHEREAS, Assemblymen McKeon and Burzichelli have introduced A-3603, which excludes increases in appropriations to the Reserve for Uncollected Taxes in excess of two percent, from calculations of the municipal adjusted tax levy;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth hereby urge the swift passage and signing of A-3603;

BE IT FURTHER RESOLVED, that consideration also be given to providing a levy cap exception to account for the impact of tax appeals on local operations; and

BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator, to our two Representatives in the General Assembly, and to the New Jersey League of Municipalities.

RESOLUTION NO. 9

��

�� RESOLUTION FOR MEMBER PARTICIPATION

�� IN A COOPERATIVE PRICING SYSTEM

�� BOROUGH OF KENILWORTH

�� A RESOLUTION AUTHORIZING THE BOROUGH OF KENILWORTH TO CONTINUE��

�� MEMBERSHIP IN A COOPERATIVE PRICING AGREEMENT

WHEREAS� N.J.S.A. 40A:11-11(5) authorizes contracting units to enter into Cooperative Pricing Agreements; and

WHEREAS� the County of Union hereinafter referred to as the �Lead Agency� has offered voluntary participation

in a Cooperative Pricing System for the purchase of work, materials and supplies; and

WHEREAS� the Borough of Kenilworth, County of Union, State of New Jersey, desires to participate in the County of Union Cooperative Pricing System.

NOW, THEREFORE, BE IT RESOLVED� on the 9th day of� March, 2011 by the Borough Council of the Borough of Kenilworth, County of Union, State of New Jersey, as follows:

�� TITLE

This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Kenilworth.��

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�� AUTHORITY

Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor of the Borough of Kenilworth is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.

��

�� CONTRACTING UNIT

The Lead Agency entering into contracts on behalf of the Borough of Kenilworth shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) and all other provisions of the revised statutes of the State of New Jersey.

�� EFFECTIVE DATE

This resolution shall take effect immediately upon passage.

�� CERTIFICATION

BY:�� ATTEST BY:� ______________________

�� Kathi Fiamingo, Mayor �� Hedy Lipke, Borough Clerk

DATE:�� March 9, 2011��

Proposed Ordinance No. 2011-01 was read for second reading as follows:� (Copy appears in Minutes of February 9, 2011)

�� ORDINANCE NO. 2011-01

��

ORDINANCE AMENDING CHAPTER 190-48 SCHEDULE XVI OF CODE OF THE

BOROUGH OF KENILWORTH

Mayor Fiamingo stated this is a second reading on an ordinance prohibiting left hand turns from the Harding School drop off loop.� The Mayor said if anyone wishes to speak to please step forward, state their name and address for the record.� No one wished to speak and the Mayor closed the hearing on Ordinance No. 2011-01.

RESOLUTION NO.10

Introduced by Fred Pugliese, adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2011-01 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. 2011-02 was read for a first reading as follows:� (Copy attached)

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�� ORDINANCE NO. 2011-02

�� AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 169 (STORMWATER CONTROL) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ESTABLISH A NEW ARTICLE ENTITLED �REFUSE CONTAINERS/DUMPSTERS

Mayor Fiamingo stated this is a first reading on an ordinance which amends our storm water ordinance and is a requirement by the State.� The second reading will be held on April 13^th at which time the public will be invited to speak.

RESOLUTION NO. 11

Introduced by Scott Klinder� adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-02, be and the same is hereby passed on first reading and ordered published for final hearing on April 13, 2011.

Roll Call:� All in favor

�

Proposed Ordinance No. 2011-03 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO.� 2011-03

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 169 (STORMWATER CONTROL) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ESTABLISH A NEW ARTICLE ENTITLED �PRIVATE STORM DRAIN INLET RETROFITTING�

Mayor Fiamingo stated this is the second in a duo of changes for our storm water control ordinance which is also required by the State.� The second reading will be on April 13^th at which time the public will be invited to speak.

RESOLUTION NO. 12

Introduced by Sal Candarella adoption moved by same.

Seconded by Scott Klinder

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-03, be and the same is hereby passed on first reading and ordered published for final hearing on April 13, 2011.

Roll Call:� All in favor

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�

Proposed Ordinance No. 2011-04 was read for a first reading as follows:� (Copy attached)

ORDINANCE� NO. 2011-04

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING ARTICLE I (ESTABLISHMENT; OPERATION) IN CHAPTER 41 (RECREATION, DEPARTMENT OF) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY

Mayor Fiamingo said this is the first reading on an Ordinance which would amend the By Laws of the Recreation Department.� The second reading will be on April 13^th at which time the public is invited to speak.

RESOLUTION NO. 13

Introduced by Kevin Leary adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-04, be and the same is hereby passed on first reading and ordered published for final hearing on April 13, 2011.

Roll Call:� All in favor

Motion was made by Councilman Joho, seconded by Councilman Pugliese to open the meeting to the public.� All in favor.

MEETING OPEN TO THE PUBLIC

No one wished to speak.

Motion was made by Councilman Joho seconded by Councilman Pugliese to close the�� meeting to the public.� All in favor.

GENERAL BUSINESS

Mayor Fiamingo said the Recreation Parade on April 2^nd is going to end up at DiMario Park where there is going to be a dedication of the new score board.� The new score board was generously donated by the Tim Carbone Memorial Fund.�

The following week will be the Little League Parade along with opening day festivities.

The Mayor reported that the Silver Card Dinner is coming up and she urged everyone to participate with the Silver Card Association because they do good works for the PBA.� This year they will be honoring two of our own, Anthony Giacalone and Robert Cox along with two members of the public.

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The Mayor said she attended an Eagle Scout Ceremony from Troop 83.� She said John Fagan is the sixth scout to make Eagle Scout and that is a great accomplishment. She said his project was rehabilitating the Girl Scout House in Elizabeth.� She said Joe Licwinko is another scout who will be coming up in the next couple of weeks and his project was painting the inside and outside of the OEM building.

The Mayor said this Saturday is the St. Patrick�s Day Parade in Union, followed by lots of partying and she urged everyone to have fun but to keep their drinking in control and to get a designated driver if you can�t drink and control yourself because she would like everyone to be safe and happy.�

Councilman Candarella said the Summer Recreation will be self-sufficient and will not come from our tax dollars.� The children will pay to go and it is going to be a better program and it is not coming out of our taxes.

Councilman Leary said the vast majority of the program is going to be paid for by the fees collected and there will be a little bit of money that will come from the Recreation Budget.

The Mayor said some of it will be funded by the Recreation Committee.� She said the idea with the pay is two-fold, one is that the people will participate more on a day to day basis and secondly it will allow us to fund a better program.� She said the fee is a lot less than what other communities charge and we believe that we will be able to provide a very good program.

Anyone who would like more information should go on the Kenilworth Recreation web site.

Councilman Leary said most towns around us charge about 3-4 times as much.

ADJOURNMENT

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

8:25 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��