Council Minutes from 5/26/2004



Roll Call at 8:00 P.M. showed the following Council Members present:  Carmela Colosimo, Peter Corvelli, Alan Jankunas, Ed Galasso, Fred Soos and Robert Taylor. 

Acting Mayor Peterson read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Peterson.


It was moved by Colosimo, seconded by Galasso and carried, that the minutes of the Work Session Meeting of May 11th and the Regular Meeting of May 12, 2004 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)


  1. Notice of Tort Claim received on 5/13/04:  Dion Harriatt vs. Kenilworth Police alleging false arrest/false imprisonment.  Forwarded to insurance company.  
  2. Letter from Mark Messinger, 33 Park Drive, complaining about grass pickup.
  3. Letter from Barbara Wirkus, 6 Tulip Court, requesting that Kenilworth take a stand against the exorbitant price increases of Comcast.
  4. Letter from Curtis Stollen, Market Street Associates, owner of a commercial building at 375 Linden Street – asking that the Borough Engineer look at and remediate the lack of drainage on Linden Street.
  5. Letter from Mr. & Mrs. Joseph Fernandes, 667 Union Avenue, requesting permission to cut down a Borough tree.
  6. Letter from Victor Costello, 89 Pembrook Drive, requesting a Borough tree be cut down.
  7. Letter from Walter Ernst, 25 Tulip Court, citing water problems due to ineffective catch basins/seepage pits in that area.
  8. Letter from Stefanie Loneker requesting permission to hold a Block Party on Passaic Avenue on Saturday, July 10, 2004.
  9. Memo from John Beninati, Kenilworth Planning Board Secretary, stating the Planning Board has reviewed and approves Ordinance No. 2004-07 and recommends passage by the Governing Body.


  1. Rahway Valley Sewerage Authority Meeting Minutes of April 15 and May 13, 2004.

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




Acting Mayor Peterson had nothing to report.


Acting Councilperson Ahmed Elshiekh (filling in for Devon Moore who was unable to attend) read the following report:

In the past two weeks I have received a call from the County’s Community Development department which confirmed to me that Kenilworth will receive monies in the form of a grant for a senior citizen’s handyman and also a senior citizen’s program coordinator.  Two programs that will help out the senior citizens of Kenilworth at no extra cost to the tax payers.  I also received a call from the state concerning our application for extraordinary aid.  The representative stated to me that a decision would be made fairly soon on a dollar amount if any, that Kenilworth would receive.  If in fact Kenilworth does receive state aid this also lessens the tax burden to our residents. 


Acting Councilmember Jesse DiLonardo read the following report:

            During the weeks of May 12, 2004 through May 25, 2004, the following has been done:

1.        The men have been working on curbside grass pick-up, line striping (stop bars & cross walks), sewer maintenance, tree maintenance, and landscaping of borough properties.

2.        All the men have received initial “Right to Know” training.  The training was provided by PMK Group.  Inventory of chemical have been updated and the report is ready to be sent to the state.  I will also submit a copy to the Fire Department and the Police Department.

3.        All the men received training and an instruction manual for the safe operation and maintenance of the leaf machine as per OSHA requirements.

4.        Oswald Sewer Company, contracted by Schoor Depalma, tv’d a number of suspected sewer line problems, in particular the sewer line associated with the Lafayette Lift Station.  Problems were found that may require immediate attention.  A detailed report will soon be provided by Schoor Depalma.


Acting Council President Ahmed Elsheikh read the following report:

            The Police Department has been receiving reports of motor vehicles speeding on Monroe 

Ave. in the vicinity of the High School/Middle School. Radar enforcement has been

                stepped up in the area and tickets have already been issued to violators.  The traffic

                bureau is looking into the possible installation of more signs in an effort to warn drivers

                and slow them down.  The upgrade project of our Boulevard traffic signals is continuing. 

                All of the traffic signals on the Boulevard should be completed within a month.  Our

                Chief Financial Officer, Diane Marus, will be checking into the salary portion of the

                Police Department budget to determine when the Police promotions can be made. 

                Lieutenant Dopf was on the payroll until February and Lieutenant O’Malley will be on

                until the end of the year.  Police Chief Dowd reported he completed the state mandated

                Emergency Management Training Course yesterday, May 25th.




Acting Councilmember Trisha Brown read the following report:

            The following provides an updated summary of current projects.

1.        Boulevard Streetscape-Brick paver installation activities are 90% complete.  Pay      

request #2 has been submitted by the Contractor, reviewed by the Engineer, and forwarded to the Borough Clerk for processing.  One Change Order has been approved to date for the amount of $300.00 for the relocation of benches.  One Change Order is pending for approximately $2,400.00 upon review of additional documentation to be submitted by the Contractor as negotiated with the previous Engineer.

2.        Commonwealth Road-The Contractor has completed survey and stakeout activities as

well as the installation of the drain basin facilities.  Drain pipe installation has started and will continue into the week of 5/24/04 with the commencement of roadway excavation activities.

3.        Municipal Building HVAC-The bid advertisement has been placed in two local newspapers and the Construction Data News Agency.  Direct contact has been made with three to four construction firms who appear interested in bidding the project.  Sealed bids will be opened on Monday June 7, 2004 at 11:00 AM in the Borough Clerk’s office.  Correctemp will not be bidding this project because they are unwilling to register with the NJ Department of Community Affairs as per the NJ state law for public bidding practices.

4.        Lafayette Place TV Inspection of Sewer Facilities-Emergency TV inspection work is being scheduled with the Subcontractor.  This work will commence approximately the week of May 24, 2004.  The work will include inspecting the sewer main branch from the Lafayette Place pump station going North and all lateral main segments connecting to this segment in question to address inflow/infiltration concerns.  A complete engineering report will  be provided upon completion of the field inspection activities.

5.        Lafayette Place Pump Station Alarm Installation-A meeting will be scheduled in early June with Schoor DePalma, the Department of Public Works and Rapid Pump to investigate the project scope for installing an automated alarm system feed at the pump station through the Verizon communication network.

6.        DiMario Park Building Renovations-A resolution has been passed authorizing the award of the building renovation project to Edward Humphrey of Kenilworth, NJ.  The Contractor will be submitting an updated insurance certificate naming the Borough of Kenilworth and Schoor DePalma as additional insured.  At the request of the Borough Attorney, the Contractor will also be submitting a letter outline an understanding of the project scope.  Upon receipt, all of this documentation will be forwarded to the Borough Attorney for review and approval prior to the commencement of work activities.  It is anticipated that construction will begin around the third week of June and last approximately two to three weeks.

7.        2004 Roadway Improvement Program-Survey work has been scheduled to start the week of May 24, 2004.  Completed construction bid documents will be available June 28, 2004.  The project will be awarded on July 14, 2004 with construction to commence on August 16, 2004.  All construction will be completed on or before October 15, 2004.

8.        Road Opening Permits-Year to date, thirty-five road-opening permits have been inspected , reviewed and approve by this office.



Acting Councilmember Justin Approbato read the following report:

Thank you Mayor.  I attended the monthly meeting of the Recreation Committee on May 13, 2004.  As you know, I am the council liaison to the Recreation Board, as well as the Fire Commissioner.  We are readying the parks for the summer playground program, which will begin at the end of June.  This year, we are working with people in the Brearley guidance office in selecting our counselors.  The Recreation Board anticipates finalizing the choices of counselors and activities for the summer playground program at the June meeting.  The Recreation Board would also like to remind council that it is now short four members, and it is hoped that council will fill those positions prior to the June meeting.  I also attended the Volunteer Fire Department Memorial Day Services on May 20, 2004, along with the Mayor and most of the governing body.  It is hoped that this weekend, during the Memorial Day festivities, that we take a moment to reflect on those who are no longer with us that have served the public good, both in the service of the Borough and in the protection of our country.



Acting Councilmember Frank Ogura read the following report:

Thank you Mr. Mayor, I am in receipt of the minutes for the May 13th 2004 meeting of the Kenilworth Library Board.

1.        The friends of the Library will hold their annual dinner meeting on June 22 at King

Chef Buffet, Union.

2.        “The Bard of the Boulevard” will present Shakespeare’s A Mid Summer Night’s

Dream in front of Borough Hall on Thursday evening May 27th at 7:30 pm.  All are

welcome. The summer reading program will kick off on June 28th with the magic of Francis Menotti.

3.        Two of the public internet computers in the adult department have broken beyond

repair.  We have allocated monies for replacement in this year’s capital budget

however we will no be able to access it until the State passes their budget sometime

in June.

The Kenilworth Board of Health will hold a special meeting the week of June 9-11th 2004 to discuss the retirement of Health Officer Dennis San Fillipo, and its impact on the Board as well as succession option. That’s all I have at this time Mr. Mayor.


Acting Borough Attorney Thomas Semple read the following report:

Honorable Mayor, Members of Governing Body, Madam Clerk and borough residents good evening. Formally, I have nothing to report at this time. Yet I would be remiss not to caution you with regard to public meetings.  Our outstanding library will be sponsoring an activity this Thursday where a majority of us will undoubtedly be gathering.  Thus it may be appropriate as the municipal attorney for the Borough of Kenilworth to provide some guidance and to respectfully remind everyone the significance of the Open Public Meeting Act.  You may recall we acknowledged it when the meeting was first opened.  In 1975 the “SUNSHINE LAW” as it is called, set forth a strong public policy for NJ, that of open government for a free democratic society.  Our business is the Public Business cannot occur behind closed doors.  Thus the reason for my point is to caution and remind everyone and your various committees that the Act, the law is to be treated with great deal of respect.  On Thursday, please do not continue to discuss Borough business as a group outside of actually scheduled meetings.  One of the founders of our great nations, James Madison wrote: A Popular Government without popular information or the means of acquiring is but a Prologue to a Farce or a Tragedy; or perhaps both.  Knowledge will forever govern ignorance. 

Thus please be diligent to avoid the shroud of distrust or embarrassment.  Not only should material changes in the date or time of a meeting be properly noticed to the public to satisfy the Act so as to permit the Public an opportunity to participate, so must you avoid any appearance at any forum including the Shakespeare presentation where official acts by a quorum may innocently be deliberated.  Thank you for your indulgence with regard to this proactive advice.  I wish everyone a good evening.


Acting Councilperson Louis Garzone (filling in for Liliana Pereira who was unable to attend) read the following report:

Through the period ending May 3, 2004 our municipal court has processed the following case load:  20 driving while intoxicated offenses, 880 moving violations, 203 parking violations, 68 indictables, 119 disorderly & petty disorderly persons offenses and 32 local ordinance violations.  Even though Kenilworth is one of the smallest towns in Union County in terms of size and population, we continue to have one of the busiest municipal courts in the County.  Last year I informed the council that we could be participating in the comprehensive enforcement program administered by the administrative office of the courts.  The CEP is designed to assist municipal courts in the collection of outstanding fines and assessments through the use of a combination of state an local resources.  Since January of this year we have collected in excess of $10,000 in overdue fines and assessments.  While this is only a small portion of all outstanding fines and assessments, the initial results are encouraging.  To conclude my report, there have been many new laws enacted that will impact on the case load of municipal courts.  However, the one law most are familiar with is DWI or driving while intoxicated.  Effective January of this year the law was amended to lower the blood alcohol content for a DWI conviction from .10% to .08%.  It is not clear yet what long term effect the new law will have on the DWI case load of the municipal court.




Acting Councilperson Louis Garzone read the following report:

The annual Say No To Drugs Fishing Derby, sponsored by the Kenilworth PBA and the Kenilworth Municipal Alliance, is being held on Saturday, June 5th.  The event is being held at Shallcross Pond in Blackbrook Park starting at 8:00 AM.  Registration begins at 7:30 but pre-registration is urged.  Forms are available at Police Headquarters.  This event is open to Kenilworth residents only, between the ages of 3 and 13.  Live bait and refreshments will be available.  Hopefully everyone can attend this wonderful event.


Acting Fire Chief Andrea Panichi read the following report:

            During the month of April, 2004, the Fire Department responded to thirty three incidents:

                Structure Fire                                          1

                Unsafe Building Conditions                    1

                Smoke Condition                                    6

                Electrical Fire                                          3

                Fire Alarm Activation                             5

                Car Fire                                                   3

                Dumpster Fire                                        1

                Water flow Alarm                                   3

                Mutual Aid to Hillside                           1

                Open Burning Complaint                       1

                Natural Gas Leak                                    2

                Carbon Monoxide Alarm                        1

                Motor Vehicle Accident                         4

                Drill with Roselle Park FD                     1

                The structure fire was on the morning of April 2, 2004, at 8:15 AM.  There was extensive damage to the dwelling as well as extensive mutual aid from towns across the county.                Currently we have twelve members participating in a Pump Operators class.



Acting Treasurer Andrea Panichi (filling in for Brittany Hoag who was unable to attend read the following report:

The Borough is currently awaiting an announcement from the State of New Jersey Division of Local Government Services regarding the disbursements of extraordinary aid dollars for those communities who made application for these funds earlier this year.  We are hopeful that Kenilworth will be on the State’s list of recipients for this funding.  Adoption of the final budget cannot take place pending this announcement therefore each month a resolution appropriating funds for the following month’s financial needs has been prepared and presented to the governing body for approval.


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


Resolutions No. 1 through 10 are listed under 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.

Council Member Jankunas moved that all items under Consent Agenda be approved, seconded by Council Member Soos.  Upon roll call the vote was unanimous.




Be It Hereby Resolved:   That all bills be paid when properly audited and funds are available.


Be It Hereby Resolved:   That the attached list of the Kenilworth Volunteer Fire Department/

Rescue Squad be granted an expense allowance in accordance with the report submitted by

the Fire Chief, Lewis Giordino, in the aggregate amount of $56,395.04.  Employees marked with

an asterisk will be paid through payroll.


 Be It Hereby Resolved:   That the Governing Body of the Borough of Kenilworth hereby grant Garden State Fireworks Company permission to provide a public display of fireworks scheduled for June 27, 2004 (rain date July 11, 2004) after proper proof of insurance coverage is provided and upon issuance of the required permit from the Fire Official.

Be It Further Resolved:  That the Mayor be authorized to sign the Contract with Garden State Fireworks Company at a cost of $4,500.

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:  Pride in Kenilworth Trust Account & Celebration of Public Events.


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


            #796 -    St. Theresa’s Church for Amusement Games to be held from

                          August 16, 2004 to August 21, 2004 in the church parking lot located at

                          541 Washington Avenue.


            #797 -    St. Theresa’s Church for an Off-Premise 50/50 to be held on

                          August 21, 2004 in the church parking lot located at 541 Washington Avenue.

            #798 -    St. Theresa’s Church for an On-Premise 50/50 to be held from

                          August 16, 2004 to August 21, 2004 in the church parking lot located at

                          541 Washington Avenue.



Be It Hereby Resolved:  That a refund be issued for a cancelled white goods pick up:


                        Rose Carracino

                        319 North 18th Street

                        Kenilworth, NJ  07033

Total $25.00


WHEREAS,  it has been found an overpayment of 2004 second quarter taxes has been made on the property listed below,

NOW, THEREFORE 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 warrants for refund as stated below.

Block               Lot                               Payable to:                               Amount

157                  18                                Mahmoud Elmalah                    $897.74

                                                            c/o Leon Lesnik, Esq.

                                                            57 Country Club Lane

                                                            Springfield, NJ  07081


WHEREAS,  it has been found an overpayment of 2004 second quarter taxes has been made on the property listed below,

NOW, THEREFORE 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 warrants for refund as stated below.

Block               Lot                               Payable to:                                                       Amount

24.02               22                                Express Financial Services, Inc.                        $88.57

                                                            875 Greentree Road Suite 275

                                                            Pittsburg, NJ  15220



WHEREAS,  it has been found an overpayment of 2004 first quarter taxes has been made on the property listed below.

NOW, THEREFORE 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 warrants for refund as stated below.

Block               Lot                               Payable to:                                                       Amount

50                    11                                Atlantic Federal Credit Union                            $1048.58

                                                            37 Market Street

                                                            Kenilworth, NJ  07033


WHEREAS,  it has been found an overpayment of 2004 second quarter taxes has been made on the property listed below.

NOW, THEREFORE 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 warrants for refund as stated below.

Block               Lot                               Payable to:                                                       Amount

98                    19                                Adam F. Clemniecki                                         $1064.53

                                                            312 Lincoln Drive

                                                            Kenilworth, NJ  07033


Resolution appears on the following page.  (Proclaiming Youth in Government Day)


WHEREAS,  on March 24, 2004, a decision was entered in the U.S. District Court in the case of American Trucking Associations, et al. v. Christine Todd Whitman invalidating State regulations requiring 102 inch wide trucks and double trailer-truck combinations to use only New Jersey’s National Network, the New Jersey Turnpike and the Atlantic City Expressway when they were engaged purely in interstate commerce; and

WHEREAS,  in striking down the regulations, the Court itself stated that the regulations have resulted in fewer truck accidents on New Jersey roads and that said regulations serve a “legitimate state purpose”; but found them to unnecessarily discriminatory against Interstate commerce; and


WHEREAS, we disagree with the Court’s holding, and, to the contrary, find that the regulations properly balance safety and interstate commerce interests, by keeping large trucks on the roads that were built to handle them, while still allowing for safe reliable, and efficient interstate transport, and;

WHEREAS, only the current regulations imposing the truck ban can serve the compelling state interest of road safety as effectively, and therefore should be upheld;

NOW, THEREFORE, BE IT RESOLVED that we commend and support the decision of Governor McGreevey to appeal the decision of the U.S. District Court in the case of American Trucking Associations et. al. v. Christine Todd Whitman, and the decision of the New Jersey League of Municipalities to join in that appeal; and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor James McGreevey, Commissioner Jack Lettiere of the NJDOT, Senators Jon Corzine and Frank Lautenberg.

Council Member Jankunas moved that all items under Consent Agenda be approved, seconded by Council Member Galasso and upon roll call the vote was unanimous.


            WHEREAS, February 22nd, is celebrated in Honor of George Washington “The Father of our Country” to acknowledge the many sacrifices and contributions he made in the birth of our Nation.

            WHEREAS, George Washington by his example clearly defined what it means to be an American, and through his actions exemplified the meaning of the words, ideals, devotion and love of country.

            WHEREAS, George Washington serving as Commander-in Chief of the Continental Army, with great character and leadership led the army to victory against what seemed insurmountable odds.  He stated in his General Orders on July 2, 1776, “Our own Country’s Honor, all call upon us for a vigorous and manly exertion, and if we now shamefully fail, we shall become infamous to the whole world.   Let us therefore rely upon the goodness of the Cause, and the aid of the supreme Being, in whose hands Victory is, to animate and encourage us to great and noble Actions.”  George Washington voluntarily served his country for eight and a half years without pay.

            WHEREAS, George Washington was instrumental in the formation of our new government and presided over the Constitutional Convention in 1787.  Realizing the difficult task ahead he said to the delegates “It is too probable that no plan we propose will be adopted.  Perhaps another dreadful conflict is to be sustained.  If, to please the people, we offer what we ourselves disprove, how can we afterwards defend our work?  Let us raise a standard to which the wise and the honest can repair.  The event is in the hand of God.  Five months later on September 17, 1787, the Constitution was completed.


            WHEREAS,  George Washington lived by his written rules of civility and set the moral tone of our new Nation.  His honesty, integrity, and loyalty made him the most beloved and respected man in America.  He wrote in a letter April 25, 1788, “The first transactions of a Nation, like those of an individual upon his first entrance into life make the deepest impression, and are to form the leading traits in its character.”

            WHEREAS, George Washington was elected the First President of the United States, through his strength and wisdom guided our fragile new government through the first eight years of its infancy.  In his First Inaugural Address, April 30, 1789, President Washington said “The preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people.”

            WHEREAS, George Washington stepped down after two terms in office in his Farewell Address, September 19, 1796, President Washington said “The basis of our political systems is the right of the people to make and to alter their Constitutions of Government.  But the Constitution which at all times exists, “till changed by an explicit and authentic act of the whole People is sacredly obligatory upon all.”

            WHEREAS,  George Washington died December 14, 1799, upon his death, President John Adams said “His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read.”

            NOW, THEREFORE, I, Gregg David, Mayor, do hereby proclaim February 22nd, George Washington day in the Borough of Kenilworth and encourage all citizens to acknowledge and appreciate the contributions and faith of this great American.


Council Member Jankunas moved that all items under Consent Agenda be approved, seconded by Council Member Galasso.  Upon roll call the vote was unanimous.


Proposed Ordinance No. 2004-07 was read for second reading as follows:  (Copy appears in

                                                                                                            minutes of April 28, 2004)



Acting Mayor Peterson mentioned this Ordinance redefines how the height of a building is measured as it relates to our height limitation of 30 feet.

Acting Mayor Peterson opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-07.

No one desiring to be heard, Acting Mayor Peterson closed the meeting to the public.



Introduced by Soos who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2004-07, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Jankunas an on roll call unanimously carried.


Councilwoman Colosimo stated that this night was one of our favorite meetings and thanked all of the students for participating.


On behalf of the Municipal Alliance, Paulette Drogon presented a check to the Brearley Project Graduation Committee.

Mayor David thanked all the students who participated in Youth and Government Day and presented them with gavels.

Councilwoman Colosimo made a motion, seconded by Councilman Soos to proceed into closed Executive Meeting to discuss an actual litigation.

Returned to Open Session.

Mayor David stated that a litigation matter was discussed in Closed Session and action was taken to offer settlement on pending case.

There being no further business, a motion was made by Councilman Soos and seconded by Councilman Jankunas to adjourn.

8:55 P.M.

                                                                                                Respectfully submitted,

                                                                                                Hedy Lipke

                                                                                                Borough Clerk




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