REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, FEBRUARY 9, 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 and Fred Pugliese. Kevin Leary was absent��

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

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Candarella, seconded by Councilman Joho, and carried that the minutes of the Work Session of January 25 and the Regular Council Meeting of January 26, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

A check was received from Comcast for the use of municipal rights-of-way for Year 2010 in the amount of $44,559.37.
Payment of $49,325.02 was received from Verizon for 2010 Franchise Fee.
Letter of resignation received from John Hathaway as Senior Citizen Handyman.
Letter from NJ Department of Transportation announcing the award of a $190,000 NJDOT Fiscal Year 2011 Municipal Aid Program grant for Washington Ave.
Letter from Mayor Fiamingo appointing Vincent Badali as Alternate #4 on the Planning Board for a one year unexpired term.
Letter from Shirley Boyden Maxwell, President, Kenilworth Historical Society, asking for a letter of recommendation for upcoming grant applications and reporting that the Nitschke House is among only six preservation projects in the entire State to be featured as �success stories in the New Jersey Historic Preservation Plan for 2011-2016�.

REPORTS

1. �Police Department Report for the month of January, 2011

2. Construction Report for the month of January, 2011.

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

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

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

Council Meeting � February 9, 2011�� Page 2

REPORT OF COMMITTEES

Mayor Fiamingo reported that last meeting the videographer was not present due to the weather.� She reported that the Borough has received a grant from the New Jersey Department of Transportation for $190,000.00 to improve Washington Avenue and we were also successful in obtaining another grant of almost $151,000.00 for Clean Energy improvements. This grant will be used throughout eight different Borough buildings, including the Senior Citizen Center, Library, Borough Hall, Fire Department and other buildings.� We also received another $20,000.00 Block Grant to help implement those improvements.� She said that is $171,000.00 in clean energy improvements which will be very helpful.�

The Mayor reported she received a letter from the Union County Advocacy Group which reminds everyone that if you own a parking lot or you have handicap accessible spots that you are responsible for, �State law requires that you clear the snow within 24 hours or a fairly hefty fine will be imposed.� She said those areas need to be made accessible for handicapped individuals.� The Mayor reported that the Shared Services Summit that was supposed to be held last week was postponed until March 2^nd��and that she and some other Councilmember�s will be attending. The meeting is being chaired by the County and hopefully we will be able to save some funds.� She said she met with the Mayor and Clerk in Roselle Park to talk about some ideas about shared services.� We are only in the beginning of the talks and hopefully we will be able to have some reduction in costs to the Borough with better services. �

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee has reviewed all the Department Budget proposals and has provided recommendations to the Council.� They will be meeting with the Borough Auditor shortly after that he will have more updates.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli said hopefully we are done with the snow.� The DPW will be filling in potholes and curbside brush pick up will resume.� He said one of the DPW trucks caught fire after 32 hours of plowing and they are getting quotes. He said this can be settled with Capital if we choose to do so.� Councilman Corvelli asked everyone to please get your cars off the street if we have another snowstorm because it would help with plowing.� He said the plows were not able to pass through the streets.� He said he will field complaints about the snow as they come in.� He said the DPW is doing a great job.

The Mayor said we all have to pull together and figure out what to do the next time it snows because we cannot have this kind of mess with cars parked and people throwing snow back into the street.� She said if we do not pull together we will have to start enforcing things that we do not want to so we should try and work together as a community so that we can have our fire trucks, plows and ambulances be able to get through the streets in the event there is a problem.

Council Meeting � February 9, 2011�� Page 3

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported he has received the reports from the Police Department and the Detective Bureau.� The Police Department applied for a grant and was approved for $5,000 for DWI enforcement.� He gave kudos to Chief Grady and Lt. Fennes who applied for the grant. The Detective Bureau assisted in digging out cars that were stuck due to the snow and they also provided backup for the Patrolman.� The Police Department and the Detective Bureau both assisted in digging out the parking lot behind Borough Hall.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported we are losing our Senior Handyman, John Hathaway and he wished Mr. Hathaway good luck in his future endeavors.� He said the program stays and they will be looking for a new handyman.� He said January 20^th the Revision Committee met to discuss items that were brought up at the public meeting and on February 3^rd a revised plan was presented to the Planning Board, they reviewed it and had some changes and those changes have been incorporated.� The Councils has received it and is reviewing it and on February 24^th we are going to have another open public meeting.� He said the meeting has been advertised in the newspaper as well as on the web site.� He said this time he hopes that when the public steps up to speak they would have at the very least read the plan.� He said people should spend time reading the master plan and not be relying on what they heard or what their neighbor said so that they can come up with good questions and/or comments.� He said we will be there to listen to the comments and take them all into consideration.� The Master Plan is available at Borough Hall as well as the web site.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary was absent

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported on Saturday, March 11^th at 7:00 PM the Library will have a celebration of Irish culture and space is limited and pre registration is required.� The program will consist of Irish music, poetry and dramatic monologues. The program is free and open to� the general public. On March 20, 2011 from 1PM to 3PM there will be a free Rabies Clinic at the Fire Department.� Cats should be in a crate and dogs must be leashed.

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

CONSENT AGENDA

Resolutions No. 1 thru 8 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 Candarella. Upon roll call the vote was unanimous.

Council Meeting � February 9, 2011�� Page 4

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

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 Royal Tax Lien Services, LLC on property located at 20 Market Street Avenue, 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 $85,000.00 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 #09-00010 by the Collector of Taxes:

Royal Tax Lien Services, LLC

Crusader Servicing Corp.

115 West Avenue, Suite 300

Jenkintown, PA 19046

REDEMPTION AMOUNT

$89,988.12

PREMIUM TRUST ACCOUNT

$85,000.00

RESOLUTION NO. 3

WHEREAS, it shall become necessary to expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and WHEREAS, there is an excess in one or more appropriations over and above the amount deemed necessary to fulfill the purpose of such appropriation, and WHEREAS, N.J.S. 40A: 4-58 provides for the transfer of such amounts deemed in excess to appropriation for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and Council Meeting � February 9, 2011�� Page 5 WHEREAS �the transfers about to be authorized do not effect any appropriation to which or from transfers are prohibited under statute, NOW, THEREFORE BE IT RESOLVED: That the following be approved and the Chief Financial Officer be and is hereby authorized to make the following transfers in the 2010 Municipal Budget. FROM

0-01-20-710-028	ASSESSOR � OTHER PROF. SERVICES	�� 3,700.00

	SUBTOTAL	�� 3,700.00


TO

0-01-31-430-074	UTILITIES � GASOLINE & DIESEL FUEL	�� 3,689.90
0-01-36-836-000	STATUTORY � CONTRIBUTION TO P.E.R.S.	�� 10.10

	SUBTOTAL	�� 3,700.00

RESOLUTION NO. 4

WHEREAS, John Joseph Fagan has been involved in Scouting for ten years; and

WHEREAS, John Fagan is in Boy Scout Troop 83 in Kenilworth.

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

WHEREAS, John Fagan completed all 21 required Merit Badges and a community service project which involved renovations to the Girl Scout House in Union; and

WHEREAS, John Fagan is the sixth Scout in Troop 83 to achieve Eagle Rank; and

WHEREAS, John Fagan is also involved in numerous areas outside of Scouting; and

WHEREAS, John Fagan will be presented his Eagle Award at the Court of Honor on March 6, 2011.

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

Council Meeting � February 9, 2011�� Page 6

RESOLUTION NO.� 5

BE IT HEREBY RESOLVED:� That the Borough Clerk be authorized to issue the following�� Raffle Licenses:

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#1004 Kenilworth Historical Society for a On-Premise 50/50 Raffle on February 26, 2011 at North 22^nd Street, Kenilworth, NJ

RESOLUTION NO. 6

BE IT HEREBY RESOLVED:� That the contract for �Preventative Maintenance for the Elevator at the Municipal Building� be awarded to ZIP SYSTEMS, INC. for a two (2) year period (2011 & 2012) at a cost of� $185.00 per month

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.� The appropriation to be charged for this expenditure is Building and Grounds-Maintenance of Other Equipment:� 1-01-26-772-026

Certification of Funds

Date ________________________________

Appropriation:

_____________________________________

Treasurer

RESOLUTION NO. 7

BE IT HEREBY RESOLVED: ��That the contract for �Preventative Maintenance for the Elevator at the Senior Citizen Center� be awarded to ZIP SYSTEMS, INC. for a TWO (2) year period (2011 &2012) at a cost of $180.00 per month

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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.� The appropriation to be charged for this expenditure is Building and Grounds-Maintenance of Other Equipment: 1-01-26-772-025.

Certification of Funds

Date________________

Appropriation:

____________________

Treasurer

Council Meeting � February 9, 2011�� Page 7

RESOLUTION NO. 8

RESOLUTION TO JOIN

NEW JERSEY SUSTAINABLE ENERGY

JOINT MEETING

WHEREAS, Local Units of the State of New Jersey are authorized to enter into a joint contract to provide for the formation of a joint meeting for the joint procurement of� natural gas, electricity and other forms of energy as permitted by N.J.S.A. 40A:65-14 et seq.; and

WHEREAS, the statutes regulating the creation and establishment of a Joint Meeting contain a mechanism for local units to aggregate their collective energy consumption in order to negotiate and contract for energy in a cost-effective, environmentally sensitive manner, furthering the public interest entrusted to such a Joint Meeting; and

WHEREAS, the governing body of the Borough of Kenilworth has determined that membership in the Joint Meeting is in the best interest of the Borough of Kenilworth.

NOW THEREFORE, BE IT RESOLVED, that the governing body of the Borough of Kenilworth does hereby resolve and agree to become a member in the New Jersey Sustainable Energy Joint Meeting (NJSEM) for the purpose of joining with other Local Units in the State to aggregate purchasing power of energy so as to achieve financial savings and to encourage Local Units to cooperate in seeking ways to jointly implement sustainable energy alternatives;

BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Joint Contract Joinder Agreement, attached hereto, and that Robert Ordway is hereby designated to represent the Local Unit as a member of the State Management Committee of the NJSEM; and

BE IT FURTHER RESOLVED that the Mayor is authorized and directed to execute such other documents signifying their membership in the NJSEM, and make payment of the Initial Membership Fee of $300 as required by the NJSEM's Bylaws and to deliver same to the Executive Director of the NJSEM.

Proposed Ordinance No. 2011-01 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2011-01

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

BOROUGH OF KENILWORTH � Left Turn Prohibited Entering or Exiting the Harding School Student Drop-Off Loop from the Boulevard

Council Meeting � February 9, 2011�� Page 8

Mayor Fiamingo stated this is a first reading on an ordinance prohibiting left turns into or out of the Harding School parking loop because it causes difficulty with back-ups and is a recommendation from the Police Department.� The second reading will be on March 9, 2011 at which time the public is invited to speak.

RESOLUTION NO. 9

Introduced by Scott Klinder, adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-01, be and the same is hereby passed on first reading and ordered published for final hearing on March 9, 2011.

Roll Call:� All in favor

�

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

MEETING OPEN TO THE PUBLIC

John Bury, 417 North 15^th Street � Mr. Bury said it was in the paper a couple of days ago that the Union County Utility Authority has asked 14 communities to sign on to a 45 year extension of an incineration lease and it lists eight towns that have signed up including Kenilworth and he asked if it was true that Kenilworth signed up and he asked what was the rational for signing up for 45 years?� Mr. Bury said it was supposed to be a 276 million dollar savings over 45 years.�

The Mayor said there was an immediate savings of almost one third and that Kenilworth stayed out of the Utility Authority for a while but we were paying a much higher fee than anyone who was in the authority and that signing up to get the lower cost was the right way to go. Mr. Bury asked if there were other options and the Mayor said no, other than to pay the outside cost. .

Mr. Bury asked how is the Adult Basketball situation going and the Mayor said unfortunately Councilman Leary had a death in the family and is not here tonight but the Mayor said she will ask Pat Boyle is get in touch with him.

Mr. Vanek, 642 Fairfield Avenue -� Mr. Vanek asked what the current status is on the proposed cell phone tower to be built on the Garden State Parkway and really on Fairfield Avenue and what actions has the Borough taken so far and what actions will the Borough� take if the Turnpike Authority continues to persist?� The Mayor said when they first learned of the Turnpikes plan we had our Planner and our Engineer attend the meeting.� She said unfortunately because the Turnpike does not have a very effective notification system, residents did not know about the hearing and were not present. The Mayor said she wrote a ��Council Meeting � February 9, 2011�� Page 9 very strong letter of opposition to the Department of Transportation as well as notifying the residents. She said it was very effective that Mr. Vanek got all the residents organized with all the �NO CELL TOWER� signs.� She said the Council passed a Resolution opposing the cell tower and sent it to anyone in a position of power including the Governor, Assemblyman Cryan, Assemblywoman Quijano, Senator Lesniak, Assemblyman Bramnick, Assemblywoman Munoz and Senator Kean because they are in this area and it was also going to effect them.� She said she received a call from the Department of Transportation acknowledging the deluge of resident�s complaints as well as our correspondence and our Resolution and they assured her they were looking into alternatives.� She said at this point they have the cell on wheels, which they call the cow. It is located down the stretch on the Parkway and they were getting the Utility Company to see if they could permanently affix it there.� She said because of the snow and weather they have not been able�� to make that happen.� She said in the meantime she is keeping on it and will keep on questioning them and will not let it go.� She has been assured that nothing would occur without notifying her but she would like that to be a little more firm.� She said she can�t tell what she will do if they try to proceed but she knows she would take very significant actions to try and stop it.� She said she has made it very clear in all her correspondence that this cannot happen.� She said she is very strongly opposed to it and will take whatever action she can to oppose it.� She said she has the support of all the elected officials and she will keep Mr. Vanek informed.� Mr. Vanek said they are still trying to sell their ideas to the residents.

Joe Grimaldi, 34 North 14^th Street � Mr. Grimaldi asked if the Borough is looking to put the cell tower in Kenilworth or are they looking to prevent the cell tower from coming into Kenilworth?� The Mayor said for years there has been a temporary cell tower down the Parkway between here and Cranford and there is a proposal pending from the Department of Transportation to move that and make it permanent in an area that would be in the backyards of the residents of Fairfield but on the Parkway property and we are opposing that. Mr. Grimaldi suggested the cell phone be placed by the Kenilworth Hotel sign or at the Water Tower. He said the water tower has a fence around it and it has a camera.� The Mayor said we don�t have anything to do with where it goes because it is up to the Parkway.�

She said the way it was explained to her was that these things make a lot of money and the DOT wants to put it on the Parkway because they want to collect the revenues, if it goes on the Kenilworth Inn or the Water Tower then the Parkway does not get that money.� She said she does not care how much money they make because they are not going to reduce the tolls and Kenilworth is not going to get any money off of it.

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Mr. Vanek said for the record they don�t really make much money, it is only $40,000.00 a year.� He said we could probably get the residents to chip in to not have the cell tower.

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

GENERAL BUSINESS

Mayor Fiamingo reported the Work Shop Meeting will be moved from February 22^nd to February 21^st because there is a conflict with some of the members.� She said although Borough Hall is closed on February 21^st for Presidents Day, the Clerk is willing to come in and take the minutes.�

Council Meeting � February 9, 2011�� Page 10

The Mayor said she went to the Kick-off Meeting for Relay For Life last week. She said this is a fundraiser for the American Cancer Society and basically it is an overnight marathon held at the high school on June 4^th and 5^th .� She said if you go on the web site www.relayforlife.org/kenilworth you will see what the event is all about and you can sign up and put a team together. She said you get sponsors and someone from your team is supposed to be walking the track at all times. She said it�s going to be a lot of fun and it will be a challenge to see the team that makes the most money.� She said on February 28^th at 7:30 at the Recreation Center there will be a meeting for team captains.� She said she hopes as a Community we can come together, put together a bunch of teams and raise a lot of money for cancer research.� She said she doesn�t think there is anyone whose lives have not been affected or touched by cancer and if we can just do just our little bit to fight this disease it will be worthwhile.��

Mayor Fiamingo thanked John Hathaway and wished him well.� She said he has been a superb gentleman for the Handyman Program.� She said the program will continue.

The Mayor said this September 11^th will be the Tenth Anniversary of the tragedy and we would like to put together not only a moving memorial service, but perhaps have a better monument.� She said she will be announcing plans in the coming months as to making the PBA monument that is out front a little bit more noticeable and to recognize the three individuals from our community that lost their lives that day.�

Mayor Fiamingo reminded everyone that on Tuesday, March 1, 2011 from 6:00 pm to 8:00 pm the Kenilworth Historical Society will be having it�s very popular �Soups On� event at the Senior Center.� She said you get to sample wonderful soups, including soups made by people we know and love and it is for a good cause.� She said it is only $10.00 and you get 6 or 7 soup tastings, bread and it is a lot of fun.

Councilman Candarella said the Barbeque Place on the Boulevard has reopened and there is a new Barber Shop and it is good to see businesses opening up in our town and if you are going out to dinner or getting a haircut you can frequent the new shops in town.�

ADJOURNMENT

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

8:30 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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ROLL CALL

MINUTES

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REPORT OF COMMITTEES

DEPARTMENT OF PUBLIC WORKS

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DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

CONSENT AGENDA

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ORDINANCES AND RESOLUTIONS

REDEMPTION AMOUNT

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Treasurer

Certification of Funds

Treasurer

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Mr. Bury asked how is the Adult Basketball situation going and the Mayor said unfortunately Councilman Leary had a death in the family and is not here tonight but the Mayor said she will ask Pat Boyle is get in touch with him.

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