REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 10, MAYOR KATHI FIAMINGO PRESIDED.

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1 REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 10, MAYOR KATHI FIAMINGO PRESIDED. Mayor Fiamingo read the requirements of the Open Public Meetings Act. The Salute to the Flag was led by Mayor Kathi Fiamingo. ROLL CALL Roll Call at 8:00 P.M. showed the following Council Members present: Peter Corvelli, Anthony DeLuca, Toni Giordano, Brian Joho, Scott Klinder and Fred Pugliese.. MINUTES It was moved by Councilman Pugliese, seconded by Councilman Joho and carried that the minutes of the Regular Meeting on March 27, 2013, and the Work Session minutes of March 26, 2013 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.) COMMUNICATIONS AND PETITIONS: 1. Letter from Wiley Environmental Co. asking permission to cut down a Borough Tree on Passaic Avenue in order to remediate a leaking underground storage tank. 2. Letter from Brinkerhoff Environmental Services requesting an appeal of the decision of Borough Engineer O Connor denying a Road Opening Permit on Linden Street to conduct a groundwater investigation. 3. Notice from the Kenilworth Board of Education announcing the appointment of Dr. Sc ott Taylor as Superintendent of the Kenilworth School District. Reports: 1. Police Department Report for the month of March, Construction Department Report for the month of March, Borough Clerk s Report for the month of March, Fire Department/Rescue Squad Report for the month of March, It was moved by Councilwoman Giordano seconded by Councilman DeLuca and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes. REPORT OF COMMITTEES MAYORS REPORT Mayor Fiamingo reported the Kenilworth Little League Parade will be held on Saturday, April 13 th and will begin in St. Theresa s parking lot at 12:30. The opening day ceremonies will be held at the Little League Field at 1:00. Operation Shoe Box will be held this Saturday, April 13 th between 10:00 AM and 2:00 PM. This is a packing event to support our soldiers in Afghanistan and other Middle East Countries. Anyone who is interested can drop off donations by Friday and they will be sent overseas.

2 Council Meeting April 10, 2013 Page 2 The Bicycle Rodeo will be hosted by the Kenilworth Police Department and Cub Scout Pack 83 and will be on May 14 th at 5:00 PM and is for ages 7 to 11. They will have a bicycle safety check and helmet fittings. The kids need to bring a bicycle and a helmet and there will be a bike given away that was donated by Enterprise Bank and Pro Tour Cycle. The Kenilworth Silver Card Association Dinner is being held on May 7 th at the Garlic Rose in Cranford. They are honoring silver card recipients, Father Litto from St. Theresa s, Bob Ring from Meyer and Depew, Michael Devlin and Wayne Fennes from our Police Department and also Sgt. David. The Mayor said if you are interested in attending or placing an ad you can contact Rob Scheilke at Tickets are $ The Mayor said it is always a nice event and well attended. Mayor Fiamingo said that April is National Donate a Life Month and basically it relates to organ donations. She said this is a reminder that if you do not have an organ consent on your driver s license, you can still sign up. She said in the event of a terrible accident, you can help someone live by donating your organs. DEPARTMENT OF FINANCE Councilman Joho reported the Mayor and Council continue to work on the 2013 Capital Budget discussions and he will report back at the next meeting. DEPARTMENT OF PUBLIC WORKS Councilman Deluca reported that Bulk Pick-up has started on the north side of town and will continue until completed. Next week will be Bulk Pick-up for the south side of town. He said Union County is having free scrap metal recycling program for all County residents. It started on April 4 th and will run through November. The available dates every month will be the first Thursday of each month and the third Saturday of each month, from 9:00 AM to 12:00 noon. He said you can go to Cranford Emergency Traffic Enforcement area which is on the Boulevard and there is also one in Westfield at the Conservation Center on Lambertsmill Road. The acceptable items are aluminum scrap, aluminum cans, aluminum siding, bicycles, dishwashers, etc. If you have a refrigerator or freezer you must remove the door. For more information go to or call DEPARTMENT OF PUBLIC SAFETY Councilman Pugliese received two letters from citizens who wish to express gratitude in regards to assistance they received from Kenilworth Police Officers. The first letter is from Harding School teacher, Stacy Jeans who commended our SRO Officer Brian Pickton. Councilman Pugliese read a portion of the letter On the day that Officer Pickton visited my classroom, he entered the classroom with a smile on his face and introduced himself to the students and he had each student introduce themselves to him. I am so grateful for SRO Picktons presence in our school. I as well as students feel a sense of protection knowing that we have SRO Pickton as a figure of authority and protection in our hallways. I would like to extend my gratitude once again to SRO Pickton as well as you (Chief) for having an SRO available at our school. This

3 Council Meeting April 10, 2013 Page 3 program is an asset to our building and has helped with issues that I, as well as other teachers, face on a daily basis. The letter was from 4 th Grade teacher Stacy Jeans. Councilman Pugliese said he also received another letter from a Union resident who expressed gratitude for the assistance she received from Officer Ryan Kernan. Councilman Pugliese read a portion of the letter. I am writing to you today to express how grateful I am to Officer Ryan Kernan for his assistance on Saturday, May 23, I was driving on Kenilworth Boulevard, near Nomahegan Park when my car was hit by a fly ball from the Union County College baseball Field. I was startled but then I pulled over. Officer Kernan happened to be driving by and stopped to see if he could be of any assistance. Although Officer Kernan was not obliged to stay with us, as it was in an area outside his jurisdiction, he stayed with us the whole time. It is a great reflection on him as an individual and your Police Department as a whole. The letter was signed by a Union County resident. Councilman Pugliese said that Officer Kernan has just finished his six month probationary period and Chief Grady is recommending he be made a permanent appointment as a member of the Kenilworth Police Department. He said that will come before the Council in the next month or so. DEPARTMENT OF PLANNING, ZONING & ORDINANCES Councilwoman Giordano reported she had her first meeting with the Borough Planner to start the process of revising the ordinances for the Master Plan and she hopes everything will be completed by June. DEPARTMENT OF RECREATION AND FIRE Councilman Corvelli reported the Recreation Parade will be April 20 th at 11:30 AM at Harding School and they will then march to DiMario Park. There is a Cupcake Contest on April 27 th at 12:00 noon. There will be signups for Summer Camp on Sunday, April 14 th from 10:00 am to 2:00 PM, Sunday, April 21 st from 10:00 AM to 2:00 PM and also on Monday April 15 th from 7:00 PM to 9:00 PM. There are still openings for Girls Softball if anyone is interested. Councilman Corvelli said they have received a couple of inquiries about Life Line Screening using our Recreation Center on May 10 th but this is not the case, there are flyers going around and you should disregard them because they were not given permission to use the building. He said you should not write a check to them. DEPARTMENT OF HEALTH, EDUCATION & WELFARE Councilman Klinder said they had the Rabies Clinic in March and had over 147 dogs and cats participated. They have reworked the Human Society contract.

4 Council Meeting April 10, 2013 Page 4 ORDINANCES AND RESOLUTIONS CONSENT AGENDA Resolutions No. 1 thru 7 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 Councilwoman Giordano. Upon roll call the vote was unanimous. 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 for Bingo and Raffle Licenses: RESOLUTION NO.3 #1095 Kenilworth Volunteer Fire/Rescue Support Org. Inc. for an On-Premise 50/50 Raffle every evening starting August 19 th thru August 24 th at 8:00 PM and 10 PM at 541 Washington Avenue, Kenilworth, NJ. #1096 Kenilworth Volunteer Fire/Rescue Support Org. Inc. for an Off-Premise 50/50 Raffle on August 24 th at 10PM at 541 Washington Avenue, Kenilworth, NJ. #1097 Kenilworth Volunteer Fire/Rescue Support Org. Inc. for Fames of Chance every night starting August 19 th through August 24 th at 541 Washington Avenue, Kenilworth, NJ. #1098 Friends of RPHS for a Tricky Tray on April 27, 2013 at 33 South 21 st Street, Kenilworth, NJ. #1099 Friends of RPHS for an On-Premise 50/50 Raffle on April 27, 2013 at 33 South 21 st Street, Kenilworth, NJ. #02-14 St. heresa s RC Church for a Bingo on May 1, 2013 at 541 Washington Avenue, Kenilworth, NJ. BE IT HEREBY RESOLVED: That ROBERT HERBERT, Zoning Enforcement Officer receive a 3% salary correction/adjustment ($ per year), retroactive to January 1, 2013.

5 Council Meeting April 10, 2013 Page 5 RESOLUTION NO. 4 BE IT HEREBY RESOLVED: That the contract for Preventive Maintenance for the Elevator at the Kenilworth Municipal Building be awarded to STANDARD ELEVATOR CO., 68 Union Avenue, P.O. Box 2204, Clifton, NJ for a one year period from April 10, 2013 to April 9, 2014 at a cost of $ per month, $1, per year. BE IT FURTHER RESOL VED that pursuant to N.J.A.C. 5: 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 CERTIFICATION OF FUNDS Date: Appropriation: Treasurer RESOLUTION NO. 5 BE IT HEREBY RESOLVED: That the contract for Preventive Maintenance for the Elevator at the Senior Citizen Building be awarded to STANDARD ELEVATOR CO., 68 Union Avenue, P.O. Box 2204, Clifton, NJ for a one year period from April 10, 2013 to April 9, 2014 at a cost of $ per month, $1, per year. BE IT FURTHER RESOL VED that pursuant to N.J.A.C. 5: 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 CERTIFICATION OF FUNDS Date: Appropriation: Treasurer RESOLUTION NO. 6 BE IT HEREBY RESOLVED: That the contract for Preventive Maintenance for the Elevator at the Kenilworth Fire Department be awarded to STANDARD ELEVATOR CO., 68 Union Avenue, P.O. Box 2204, Clifton, NJ for a one year period from April 10, 2013 to April 9, 2014 at a cost of $ per month, $1, per year. BE IT FURTHER RESOL VED that pursuant to N.J.A.C. 5: 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

6 Council Meeting April 10, 2013 Page 6 CERTIFICATION OF FUNDS Date: Appropriation: Treasurer RESOLUTION NO. 7 RESOLUTION SUPPORTING S-1896/A-1503 SHARING THE BURDEN OF PROPERTY ASSESSMENT APPEAL REFUNDS WHEREAS. when County Tax Board appeals are granted the municipality must reimburse the property taxpayer 100% of the appealed tax levy, which includes the municipal, school, county and any special districts tax; and WHEREAS. the municipal tax collector makes the adjustment from the appeal as a credit on the 4 th quarter tax bill resulting in the municipality s fund balance for the preceding year to be diminished, if not completely depleted; and WHEREAS, a League of Municipalities survey measured the extent to which residents have filed and won tax appeals in 2010; and WHEREAS, one hundred fifty (150) municipalities, representing both large and small municipalities in all 21 counties that participated in the survey reported property value declines of more than $87,900,000, which resulted from 19,788 tax appeals filed in 2010; and WHEREAS, those responding to the survey indicated that 13,760 appeals were filed in 2009, compared to 19,788 in 2010, representing an increase of 43.7%; and WHEREAS, a municipality often experiences an increase in tax appeals because it has conducted a revaluation, however, only 5 out of 150 municipalities which participated in our survey indicated that their 2010 appeals resulted from revaluations; and WHEREAS, as a way of comparison, 23 of the participating municipalities conducted revaluations in 2009, when fewer tax appeals were present4ed to the County Tax Boards; and WHEREAS, the 2010 spike in appeals should be attributed to the economic down-turn, which lowered property values and placed increased stress on the income of homeowners all around our Garden State; and WHEREAS, the survey also indicated that in 2010 the various County Tax Boards have granted average property value reductions of close to $5,000 per appeal; and

7 Council Meeting April 10, 2013 Page 7 WHEREAS, fifty-six percent of those responding indicated that the successful tax appeals would have an impact on fund balances and place additional pressures on local officials during 2011; and WHEREAS, the reductions, which were granted by County Tax Boards in 2010, likely had a multiplier in subsequent years when neighbors learned of their neighbor s tax reduction; and WHEREAS, successful tax appeals have a three-fold negative impact on municipal budgets. First, the municipality, as the collector of taxes for the School district, county and special districts, must fund the full cost of the legal defense of the assessment. Second, since State law guarantees to the county and the school district 100% of their levies, the municipality bears the full cost of any re-imbursements resulting from the appeal (as well as the full burden for any uncollected taxes). Third, the end result will be a further decline in the property tax base used to support Municipalities, County governments and School systems; and WHEREAS, in light of the revenue limitations that have been placed on all levels of local government by the Legislature (2% cap), such declining values will compound and add additional stress to local public officials, as they grapple with the issues confronting the tax paying public; and WHEREAS, Senator Bucco, Assemblyman Caroll and Assemblyman Bucco have recently introduced S-1866/A-1503, which requires fire districts, school districts, and county governments to share in the burden of property assessment appeal refunds. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth to hereby urge the swift passage and signing of S-1896/A-1503; and BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Steven 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. Proposed Ordinance No was read for a first reading as follows: (Copy attached) BOROUGH OF KENILWORTH ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NO PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH BE IT ORDAINED by the Governing Body of the Borough of Kenilworth, in the County of Union, New Jersey as follows:

8 Council Meeting April 10, 2013 Page 8 SECTION 1. That Ordinance No entitle An Ordinance Providing for Compensation for Borough Employees of the Borough of Kenilworth is hereby amended to read as follows: POSITION PER ANNUM Clerk FT Public Works/Recycling Coordinator $30,000 to $50,000 Mayor Fiamingo said this is the first reading on an ordinance which establishes a salary range. The second reading will be on May 8th at which time the public will be asked for their comments. RESOLUTION NO. 8 Introduced by Anthony DeLuca adoption moved by same. Seconded by Brian Joho BE IT HEREBY RESOLVED: That Proposed Ordinance No , be and the same is hereby passed on first reading and ordered published for final hearing on May 8, Roll Call: Councilman Corvelli voted yes, Councilman DeLuca voted yes, Councilman Joho voted yes, Councilwoman Giordano voted yes, Councilman Klinder voted yes and Councilman Pugliese voted yes. MEETING OPEN TO THE PUBLIC Motion was made by Councilman Pugliese, seconded by Councilwoman Giordano to open the meeting to the public. All in favor. Bart Obuchowski, 571 Richfield Avenue Mr. Obuchowski said the reason he is here is that back in 2011 he was told that his street, he lives on a stretch of Richfield Avenue that is in between South 23 rd Street and Faitoute Avenue, was going to be repaved. His wife wrote several letters to the town and she doesn t remember who she spoke with but she was told the street was going to get done in In 2012 the resident who lived at 561 Richfield Avenue attended one of the meetings in January and he was told the street was going to get repaved in He said his wife wrote a letter and sent photos to the Mayor and was told that the street was going to get paved. He said he has with him tonight his neighbors that live on that stretch of Richfield, Mike Lynn lives at 572 Richfield, Gary Hutchins lives at 577 Richfield Avenue and Upendra Tiwari who lives at 152 South 23 rd Street which is the corner house on Richfield and South 23 rd Street. He would like to find out if the street is on a to-do list to get repaved. He asked if there is a possibility that the residents can get pavers on the street and he was told by the Borough Clerk that it would be the responsibility of the each person to pay for the pavers individually.

9 Council Meeting April 10, 2013 Page 9 Mayor Fiamingo said they have not passed the Capital Budget but we try to do as many streets as we can with the money we have. She said we have not started the 2012 roads yet this year. The Mayor said it depends on when we get the budget passed and then we put out bids and hire contractors and when they can start the job based on the weather. She said even though it might be in the 2012 budget, it may not get done until Councilman Pugliese said it would not include the Belgium Blocks. Mr. Obuchowski said all the neighbors on that stretch are all in agreement that they would pay for the Belgium Blocks and he asked if there is any possibility of getting pavers put in before it gets repaved? The Mayor said he would have to talk to the engineer. She would have to find out from the engineer how much more that adds to the cost of the project. She said Belgium Block is very expensive. Mr. Obuchowski asked if anyone would be able to say how much the people on Roosevelt Lane paid for Belgim Block last year when their road was done? The Mayor said she would prefer not to give a number that they can t keep. Mr. Obuchowski said the potholes get fixed in the middle of the street but the sides don t. The Mayor said she can speak to the Engineer to see what the additional cost would be. She said in order to get as many roads as possible done we don t generally do the whole road with curbing. She said she will talk to the engineers but the residents would have to know it s their dollar. Mr. Obuchowski said they all understand that. Councilman Pugliese said it can be paid over five years. Mr. Obuchowski asked if it was added on to the tax bill? The Mayor said he would pay through the tax collector and he would have the option to pay over five years. Mr. Obuchowski asked what does he do at this point, does he need to come back to another meeting to find out if it is going to get done or can he call somebody in town? Councilman Pugliese said he will give Mr. O his information and he can call him. Motion was made by Councilman Pugliese, seconded by Councilman Joho to close the meeting to the public. All in favor. GENERAL BUSINESS Mayor Fiamingo wished Dale Spindel good luck as she is leaving our library for the Springfield Library. She has been with us 15 years and has done a fantastic job and she will be sorely missed. The Mayor wishes her luck because she is going on to a bigger library. She said Dale is excited about that prospect but she is also mixed with a bit of regret for leaving Kenilworth because she has been a fixture here. The Mayor congratulated Scott Taylor on being picked as the Superintendent of Schools. Councilman Klinder congratulated Dale Spindel on her new job and he said she will be missed. He said Friday will be her last day. He said also on Friday will be Inherit The Wind which will be at Borough Hall. Councilman Pugliese congratulated Mayor Fiamingo for being nominated Mayor of the Year. He said they will find out tomorrow if she wins.

10 Council Meeting April 10, 2013 Page 10 ADJOURNMENT There being no further business to come before the Council, it was moved by Councilman Pugliese, seconded by Councilman Joho and carried, that the meeting be adjourned to the call of the chair. 8:20 P.M. Respectfully submitted, Hedy Lipke, Borough Clerk