REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON TUESDAY EVENING, JUNE 22, 2010.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

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

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

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilwoman Sosnosky, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of June 7, 2010 and the Regular Council Meeting of June 9, 2010 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 Township Board of Adjustments regarding an application of T-Mobile Northeast for site plan and bulk variances for approval to place telecommunications panel antennas on a new monopole at 1350 Galloping Hill Road.� Hearing to be held on June 23, 2010.

2.    Request for a Family Picnic from Carmine Merlucci, 513 Quinton Avenue, on Sunday, July 4^th and to block off the road.

3.    Request for a Block Party from Barbara Bell, 425 North 15^th Street on Saturday, July 17^th and to block off the road.

REPORTS

1.    �Municipal Court Report for the month of May, 2010.

2.    �Rahway Valley Sewerage Authority Meeting Minutes of April 15 and May 20, 2010.

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 reported the Fire Works Celebration will be held on July 3^rd at David Brearley High School.

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee continues to investigate the Capitol Projects for 2010 and he will have more to report in the coming weeks.

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DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the Department of Public Works crew has been working on filling potholes throughout the Borough, landscaping the parks and line stripping on the south side of town.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that as part of the Borough�s continuing efforts to maximize pedestrian safety, the Kenilworth Police Department conducted an undercover �Pedestrian in Crosswalk Operation� last week which included the use of an undercover officer who walks in the crosswalk in an attempt to ascertain whether or not the driver of the motor vehicle will stop.� He said the officer who walks in the cross walk should be commended for his bravery.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella said he had a meeting with the New Jersey Planner regarding the Master Plan and all went very positive and he is looking forward to getting the first draft in 4 to 6 weeks.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary had nothing to report.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Kenilworth Library will kickoff it�s Summer Reading Club on June 30^th� �and will feature live animals.� Bard on the Boulevard�s �Much Ado About Nothing� is scheduled for July 15^th.�

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

CONSENT AGENDA

Resolutions No. 1 thru 16 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 Pugliese moved that all items under Consent Agenda be approved, seconded by Councilman Joho.� 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

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RESOLUTION NO. 2

WHEREAS, it is anticipated that the Borough of Kenilworth may not be able to issue tax bills for the year 2010 in advance of third quarter taxes due August 1, 2010; and

WHEREAS, the Borough of Kenilworth has determined that there may be insufficient cash flow to support operations in late July 2010 unless third quarter revenue is received on time;

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

1. The Tax Collector be and is hereby directed to take all required steps, should he deem it necessary, to send out estimated bills for the third quarter 2010 in accordance with the provisions of NJSA 54:4-66.2 et seq.

2. That the Tax Collector/Chief Financial Officer has reviewed the permissible tax levy range for estimated billing purposes and determined the range should be set at 105% of the previous year�s tax levy. ($34,552,356.46 or a tax rate of $3.912)

3. That the Tax Collector takes any and all additional steps to implement the substance of this resolution.

RESOLUTION NO. 3

Be It Hereby Resolved:� That the attached list of Retirees be reimbursed for their payments for Medicare coverage from January 1, 2010 through June 30, 2010 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

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RESOLUTION NO. 4

Be It Hereby Resolved:� That the contract for �Towing Services for the Borough of Kenilworth� be awarded to L&J Towing Services for a one year period from June 1, 2010 to May 31, 2011.

RESOLUTION NO. 5

BE IT HEREBY RESOLVED:� That Tank Solutions (T. Slack Environmental Services) be authorized to perform �Site Remediation� related to the Underground Oil Tank Removal at the OEM Building at a cost not to exceed $10,000.00.���������������������������� �����������������������������������

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RESOLUTION NO. 6

Be It Hereby Resolved:�� By the Governing Body of the Borough of Kenilworth that:

WHEREAS, BUTTERNUT CAF�, LLC, t/a BOULEVARD FIVE 72 applied for renewal of its Plenary Retail Consumption License No. 2008-33-013-011 for a one year period commencing July 1, 2010; and

WHEREAS, said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS, the Chief of Police and the Kenilworth Board of Health has reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant�s license as of this renewal period.

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NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-013-011 of� 572 Holding Company t/a Tosca be renewed for a one year period commencing July 1, 2010, subject however to the following condition:

����������� �That the sidewalk Caf� Area be closed at 11:00 P.M. Sunday through Thursday and 12:00 A.M. on Friday and Saturday.�

RESOLUTION NO. 7

WHEREAS, Galmayo, Inc. t/a Blackthorn applied for renewal of its Plenary Retail Consumption License No. 2008-33-006-007, for a one year period commencing July 1, 2010; and

WHEREAS,� said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS, the Chief of Police and the Kenilworth Board of Health have reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant�s license when Expanded

����������� Premise was granted on July 2, 2001; and

WHEREAS, the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-006-007 of �Galmayo, Inc. t/a Blackthorn, be renewed for a one year period commencing July 1, 2010, subject however to the following conditions on the licensed premises:

Council Meeting Minutes � June 22, 2010���������������������������������������������������������������� Page 5

1.            Occupancy on the deck area shall not exceed 145 persons.

2.            No permanent or portable service bars shall be allowed on the deck area.� All �����������������alcoholic beverages shall be served by waiters or waitresses.

3.            The deck area must be closed to patrons by 12:30 A.M., except on Thursday, Friday, and Saturday evenings when said closing shall be at 1:00 A.M., at which time the consumption of alcohol on the deck area shall be prohibited.

4.            No music or other form of entertainment may be played, broadcast or conducted on or over the deck area after 12:30 A.M.

5.            Operating months for the deck area shall be from April 15th through October 15^th.

6.            Deck area allowed to be open March 17^th (St. Patrick�s Day).

RESOLUTION NO. 8

Be It Hereby Resolved:� By the Governing Body of the Borough of Kenilworth that:

WHEREAS,� ROSS BROTHERS II, LLC, t/a ROSS BROTHERS BAR AND LIQUORS, applied for renewal of its Plenary Retail Consumption License No. 2008-33-003-008, for the one year period commencing July 1, 2010; and

WHEREAS, said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control;

WHEREAS, the Chief of Police and the Kenilworth Board of Health have reviewed the application and approved of the same; and

WHEREAS,� special conditions were annexed to the applicant�s license when it was last renewed for a one year period commencing July 1, 2010; and

WHEREAS, the facts which led this Governing Body to impose such special conditions have continued; and

WHEREAS,� by reason of the nature of the applicant�s business and its clientele, patrons leaving the licensed premises have continued to create a nuisance on neighboring streets and properties by reason of loud and raucous noise and litter substantially interfering with the peace, quiet, and rights of those residing in the neighborhood and adjoining property owners; and

WHEREAS,� said situation will continue to exist unless certain special conditions are maintained upon the applicant; and

WHEREAS,� the Governing Body has heretofore notified the applicant of its intention to impose this additional condition and afforded the applicant an opportunity to be heard concerning the same;

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NOW, THEREFORE, BE IT RESOLVED� by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-003-008 of Ross Brothers II, LLC, t/a Ross Brothers Bar and Liquors, be renewed for a one year period commencing

July 1, 2010, subject, however, to the following conditions:

1.� That the licensee provide an employee to police the area in the neighborhood of the licensed premises on both sides of North 10th Street (including privately owned properties whose owners file written consents with the Borough Clerk), and remove all bottles, cans, cartons and similar debris associated with the operation of a Plenary Retail Consumption business, every Friday, Saturday and Sunday morning;���������

2.� That the licensee continue to employ personnel to maintain peace, quiet and good order within the licensed premises every� Friday and Saturday from 10:00 o�clock P.M. to closing;

3.� That the licensee employ other personnel to monitor and assist in maintaining peace, quiet and good order in its parking lot and street within such area as the Chief of Police shall direct,� every Friday and Saturday from 10:00 o�clock P.M. to closing, provide that the duties of such special police officers shall be limited to seeing that the patrons of �Ross Brothers Bar and Liquors� act peaceably, quietly and in good order as they arrive and leave the licensed premises, provided, however, that the Chief of Police, for good cause, may waive the requirement set forth in this paragraph for such periods of time when he deems its application unnecessary;

4.� That the licensee maintain an accurate count of all persons entering and leaving the licensed premises on Thursday, Friday and Saturday nights and provide such count, upon request, to the Mayor, Fire Chief, Police Chief, Fire Commissioner or their authorized representatives;

5.    That the licensee continue to maintain and utilize a �bull-horn� to announce the license numbers of motor vehicles illegally parked so that the owners may remove the same promptly;

����������� 6.� That no packaged goods be sold after 9:00 o�clock P.M.;

7.� That the licensee meet with the Mayor and /or Governing Body periodically upon request in order to discuss problems that may arise in connection with the operation of the licensed premises.

In the event that any conditions or portion thereof be held invalid or unenforceable, the invalidity or unenforceability of such condition or portion thereof shall in no way effect any other condition or portion thereof.�

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RESOLUTION NO 9

Be It Hereby Resolved:�� By the Governing Body of the Borough of Kenilworth that:

WHEREAS, The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub applied for renewal of its Plenary Retail Consumption License No. 2008-33-005-007 for a one year period commencing July 1, 2010; and

WHEREAS, said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS, the Chief of Police and the Kenilworth Board of Health has reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant�s license when a Person to Person Transfer was granted on February 12, 2003; and

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WHEREAS, the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-005-007 of The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub be renewed for a one year period commencing

July 1, 2010, subject however to the following condition:

����������� �That live entertainment is prohibited at this location, 303 South Michigan Avenue.�

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RESOLUTION NO. 10

WHEREAS, applications for renewal of Plenary Retail Consumption and Distributors and Club Licenses have been filed with the Borough Clerk with their proper fees, Police Chief William Dowd having approved the renewal of said licenses;

NOW, THEREFORE, BE IT RESOLVED that the Plenary Retail Consumption Licenses, Distributors and Club Licenses be renewed and granted for the license year 2010-2011:

2008-33-001-004��������� CJMK, Inc., t/a La Griglia

2008-36-004-007��������� Northstar Kenilworth, LLC, t/a Kenilworth Inn

2008-33-008-006��������� Casa DePesce, Inc., t/a Umberto�s Clam Bar & Continental Restaurant

2008-44-012-004��������� PA & SA, Inc., t/a Parkway Liquors

2008-31-015-001��������� American Legion Post No. 470 Kenilworth,

������������������������������������� t/a American Legion Kenilworth 470

2008-31-016-001��������� Columbian Club of Kenilworth, t/a/ Columbian Club�����������

2008-31-017-001���������� Kenilworth Veterans Center

2008-33-010-005��������� Joseph Neri (Special Ruling)

2008-33-007-008��������� C.Q.D.S. Inc., t/a Taormina Ristorante

2008-44-009-004���������� Lehar Liquor Corp.

2008-33-011-001������� �� Lucky G, Inc.

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All of the above premises have been inspected by the Kenilworth Board of Health; proof has been received that all applicants have paid the $200 filing fee to the Division of Alcoholic Beverage Control.

RESOLUTION NO. 11

BE IT HEREBY RESOLVED:� That the Mayors appointment of Police Lt. William Hannon as Municipal Emergency Management Coordinator for a three year term effective July 1, 2010 and expiring June 30, 2013 at a salary of $4,000 annually, be and the same is hereby confirmed.

RESOLUTION NO. 12

Be It Hereby Resolved:� That ROBERT WALCK be appointed as a Fire Prevention Inspector for

the Year 2010 with compensation from Fire Prevention Inspection fees as per Ordinance.

RESOLTUION NO. 13

WHEREAS, the voters of Union County overwhelmingly voted in favor of the Union County Open Space, Recreation & Historic Preservation Trust Fund in November 2000; and

WHEREAS, Union County Board of Chosen Freeholders established the Trust Fund creating local funding opportunities in previous years; and

WHEREAS, the 2010 Chairman�s Initiatives called for another �Greening Union County� grant program, a tree planting program that seeks to plant new trees throughout Union County; and

WHEREAS, through �Greening Union County�, every tree purchased by the Borough of Kenilworth will be matched by Union County, tree for tree and dollar for dollar; and

WHEREAS, through �Greening Union County�, a forestry professional will provide the installation and a one-year maintenance guarantee for every tree purchased; and

WHEREAS, the Borough of Kenilworth wishes to apply to the Union County Trust Fund through the �Greening Union County� grant program for the purchase and installation of 10 trees (total) to be planted throughout Kenilworth; and

WHEREAS, the Borough of Kenilworth will match the �Greening Union County� grant program dollars in the amount of $920.00; and

WHEREAS, the Borough of Kenilworth will use the Trust Fund dollars in accordance with such rules and regulations governing the grant program.

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NOW, THEREFORE, the Governing Body resolves that Mayor Kathi Fiamingo or the successor to the office of Mayor is hereby authorized to:

(a)  Make application for the grant

(b)  Provide additional application information and furnish such documents as may be required

(c)  Act as the authorized correspondent of the above named applicant

RESOLUTION NO. 14

WHEREAS,� the Union County Cooperative Pricing System received and awarded the bid for the purchase and planting of trees; and

WHEREAS, a Greening Union County 2010 Grant provides for municipalities to purchase and plant trees, on a tree for tree matching basis, with the contract for planting trees awarded to Louis Barbato Landscaping, Inc., 1600 Railroad Avenue, Holbrook, NY� 11740; and

WHEREAS, the Borough of Kenilworth wishes to participate in this program.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the borough of Kenilworth award the contract for the planting of 10 trees in the Borough to Louis Barbato Landscaping, Inc. at a cost of $1840.00 with 50% to be reimbursed by the County.

RESOLUTION NO. 15

Be It Hereby Resolved:� That the Governing Body of the Borough of Kenilworth ratify the Agreement with Police Chief Kenneth Grady for a period of July 1, 2010 to December 31, 2011 at a base salary of $133,267.00 and that the Mayor and the Borough Clerk be authorized to sign said Agreement.