Council Minutes from 3/14/2007


Roll Call at 8:00 P.M. showed the following Council Members present: Lawrence Clementi, Peter Corvelli, Anthony DeLuca, Kathi Fiamingo, Robert Taylor and Fred Pugliese.

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

The Salute to the Flag was led by Mayor David.


It was moved by Councilman Clementi , seconded by Councilman DeLuca, and carried that the Work Session Meeting of February 27, 2007 and the Regular Meeting of February 28, 2007 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)


1. Stafford Stream Project has been re-bid since there was no response to the bid notice. The new bid date is scheduled for Tuesday, March 27, 2007.
2. Letter from NJDEP informing the Borough of a Clean Communities Grant for 2007 in the amount of $7,950.00
3. Letter from NJ State Office of Smart Growth regarding "Public Hearing for Union County's Cross-Acceptance Report".


1. Municipal Court Report for the month of February, 2007.
2. Police Department Report for the month of February, 2007.
3. Construction Department Report for the month of February, 2007.
4. Borough Clerk's Report for the month of February, 2007.
5. Fire Department/Rescue Squad report of calls for the month of February, 2007
6. Kenilworth Board of Education Meeting Minutes of December, 2006 and January, 2007.

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


Mayor David reported he has received a letter from the State Department of Transportation reminding Kenilworth they have an agreement for a Grant that they received from the DOT in the amount of $187,000.00 for the reconstruction of Carnegie Avenue. Mayor David advised that the Borough intends to hopefully have that street paved before the end of the year.

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Mayor David reminded everyone that the Centennial Committee is hosting a St. Patrick's Day celebration on Saturday, March 17, 2007 at the Knights of Columbus.


Councilwoman Fiamingo reported the budget is being introduced this evening and it is still a work in progress. A meeting is scheduled with the committee on Monday to review the budget as introduced. She received some additional items that they have to take into account and also items that they intend to cut as best they can. Councilwoman Fiamingo stated she had an interesting meeting with members of the Clark Municipality about the sewer utility. She believes that may be something that we want to implement in Kenilworth in order to minimize the impact of the extraordinary increases that Rahway Valley Sewerage Authority will be imposing on us. Hopefully it will minimize the impact on the residents and homeowners if we spread out the billing more equitably based on usage.


Councilman Pugliese reported for the weeks of February 28 and March 13, 2007 the men at the DPW have been involved with fixing potholes, curbside brush removal, snow removal, cleaning sanitary sewer lines, landscaping and overall cleaning the Borough properties including parks, paths and dead ends. They are sending out crews with hot patch to work on the roadways that are more in need of repair with the bigger potholes and then they are going to work their way down to the smaller potholes. They will be doing this for the next week or two until it is caught up throughout the Borough.

Councilman Pugliese also reported that Maureen Byrne from the DEP did her yearly storm water inspection of the yard and she found several problems at the yard. First there is a sever run-off problem because when it rains the water comes out of the yard and drains into the storm water basins. Secondly she cited as a concern the lack of a system for cleaning off vehicles and equipment. Thirdly Ms. Burns advised there is a lack of a proper drainage system in the main garage and we will need to install a system that connects into the towns sanitary system. Lastly she indicated that our fuel tanks are in need of repair and there should be a berm around the fuel tanks. We have contacted our Borough Engineer and he will be sending someone from his firm to the DPW for a meeting to discuss these concerns because obviously if we upset Ms. Burns and the DEP there may be fines and we want to avoid that.


Councilman Clementi advised he is in receipt of the February monthly report for the Kenilworth Police Department submitted by Police Chief William Dowd. There were a total of 61 hours of training during the month on improvised explosive devices, shotgun qualifications, u-cert swat and internet safety. The Chief will be donating one of his difibulators to the Kenilworth Little League. Michael Siano of Epping Drive, who is a certified instructor, will be accepting it and

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will conduct training for the Little League. The unit was a spare that the Police Department had due to receiving money from a State Grant. Early last Wednesday morning two Kenilworth residents were stabbed by another member of their household on Woodland Avenue. The suspect has been arrested and charged with numerous offenses and is in Union County jail in lieu of $500,000.00 bail. The two victims are in critical condition at University Hospital in Newark.

Councilman Clementi also reported that due to complaints of illegal dumping along the railroad property off Market Street, the Police Department installed four large No Dumping signs in the vicinity of Columbia Leather Company and that area will continue to be monitored by the Police Department.

Councilman Clementi advised that Kenilworth Police Department is one of the few departments in the County participating in the Union County Safe Kids campaign. This program is being sponsored by the Children's Specialized Hospital in Mountainside and is geared to encourage youths to wear helmets while riding a bicycle. When youths are observed wearing a helmet they will receive a citation for a free ice cream from our local sponsor, Mike & Annie Frozen Delights. There are also a limited number of helmets to give out to those in need. Traffic Lt. Ken Grady is coordinating the program for the department.


Councilman DeLuca reported the elevator specs for the Library are complete and will be presented to the Planning Board for their review and once that is done they will be ready for public bid. Lafayette Pump Station is on line, PSE&G has disconnected the old line. The work being done at DiMario Park is almost complete. The next step is to get into the building to look at the circuit board and then run a line for the score board. Councilman DeLuca spoke with the engineer today and although he did not know when the scoreboard will go up, hopefully it will be before the season. The engineers are reviewing the Park Grant for 16th Street Playground. Councilman Deluca reported that Kenilworth had a gas line break and some residents were evacuated as a precaution, Elizabethtown Gas was quick on the scene and the line was capped. The engineer is going to review it with the contractor.


Councilman Corvelli reported that now that it is starting to get warm, DiMario Park should be completed soon. Councilman Corvelli will be sending a letter to the County regarding grant money.


Councilman Taylor advised the Library elevator report is in review with the Planning Board. He also reported that the Board of Health has been in contact with the County to determine what the substance is that is part of the illegal dumping on Columbia Avenue. He had a brief discussion with the Board of Education on the Policies and Procedures on TV 36. Council members are going to provide comments on what was previously passed and also on the policies passed by the Board of Education and hopefully we will be able to put them together and pass something at the next meeting.

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Proposed Ordinance No. 2007-04 was read for the first reading as follows: (Copy attached)


Mayor David reported that this Ordinance relates to the State Cap on budgets which is set at 2 ½ % increase, we can increase it to 3 ½ % if you do so by Ordinance and the Borough has determined that it wishes to increase this years budget by the additional 1% which amounts to an $82,586.25 increase. This is a first reading, there will be a second reading on April 11, 2007 and anyone interested in speaking on this Ordinance can do so at that time. Copies of the Ordinance are in the back of the courtroom or you can pick up one at the Borough Clerk's office.


Introduced by Kathi Fiamingo who also moved its adoption

Be It Hereby Resolved: That proposed Ordinance No. 2007-04, be and the same is hereby passed on first reading and ordered published for final hearing on April 11, 2007.

Seconded by Lawrence Clementi and on roll call unanimously carried.

RESOLUTION NO. 2 - 2007 Municipal Budget

Introduced by Kathi Fiamingo who also moved its adoption

Seconded by Lawrence Clementi

Borough Clerk, Hedy Lipke stated this is the Municipal Budget of the Borough of Kenilworth, County of Union for fiscal year 2007.

Be it Resolved, that the following statements of revenues and appropriations shall constitute the Municipal Budget for year 2007:

Be It Further Resolved, that said Budget be published in the Cranford Chronicle in the issue of April 5, 2007.

The Governing Body of the Borough of Kenilworth does hereby approve the following as the Budget for the year 2007: A Hearing on the Budget and Tax Resolution will be held at Borough Hall, on April 25, 2007 at 8:00 o'clock (p.m.) at which time and place objections to said Budget and a Tax Resolution for the year 2007 may be presented by taxpayers or other interested persons.

Ms. Lipke explained that local tax for municipal purposes including reserve for uncollected taxes is $9,104,305.36.

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Recorded Vote: Councilman Lawrence Clementi voted yes, Councilman Peter Corvelli voted yes, Councilman Anthony DeLuca, Jr. voted yes, Councilwoman Kathi Fiamingo voted yes, Councilman Fred Pugliese voted yes, Councilman Robert Taylor.


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


Resolutions No. 3 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.

Councilwoman Fiamingo moved that all items under Consent Agenda be approved, seconded by Councilman Clementi. 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:


WHEREAS, the Division of Local Government Services requires that the Government Body of any municipality which has deferred School Taxes must authorize any increase in the deferral of any additional amounts, and

WHEREAS, the Governing Body has decided that an increase in Deferred School taxes is in the best interest of the Borough at this time,

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body that the following Deferred School Taxes be hereby increased for the year ended December 31, 2006 as follows:

Deferred Local
School Taxes

Amount Deferred 12/31/06 $6,851,461.50
Amount Deferred 12/31/05 6,444,010.04

BE IT FURTHER RESOLVED by the Governing Body, that a certified copy of this resolution be filed in the Office of the Director of the Division of Local Government Services.

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Whereas, an emergent condition has arisen with respect to adoption of the 2007 Annual
Budget and no adequate provision has been made in the 2007 Temporary Appropriations
for the aforesaid purpose, and the N.J.S. 40A:4-20 provides for the creation of an
emergency temporary appropriation for the purpose above mentioned, and

Whereas, the total emergency resolutions adopted in the year 2007 pursuant to the
provisions of Chapter 96,P.L. 1951 (N.J.S. 40A:4-20) including this resolution total

Now, Therefore, Be It Resolved (not less than two-thirds of all the members thereof
affirmatively concurring) that in accordance with the provisions of N.J.S. 40A:4-20:

1. An emergency temporary appropriation be and the same is hereby made for salaries
& wages and other expenses appropriations in the amount $646,988.67

2. That said emergency Temporary appropriation be provided for the 2007 budget
under the title of: Various line items.


Salaries & Wages
715 Engineering $ - $ 5,000.00
749 Fire Department $ 1,638.00 $ 2,500.00

Other Expenses
705 Financial Administration $ 7,500.00 $ 8,500.00
725 Construction Official $ 1,746.00 $ 2,000.00
730 Other Insurance $115,000.00 $200,000.00
745 Police $ 36,593.00 $ 50,000.00
746 Police Traffic $ 10,000.00 $ 15,000.00
766 Snow Removal $ 1,838.00 $ 7,000.00
775 Recycling $ 15,356.00 $ 65,346.67
762 Senior Citizen $ - $ 500.00
774 Rahway Valley Sewer Authority $ - $480,813.00

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Be It Hereby Resolved: That PMK Group be authorized to perform "Engineering Stormwater Permitting Services" for the Borough of Kenilworth at a cost of $11,000.00 as per the attached Proposal.

Be It Further Resolved that the Mayor be authorized to sign said Agreement.


WHEREAS, Overlook Hospital's Auxiliary established an Organ and Tissue Donor Awareness Committee in May, 1995 whose goal is to make the public aware of organ and tissue donor needs and programs; and

WHEREAS, in the United States there are 93,000 people waiting for organs (liver, heart, kidney, lungs, pancreas) about 3,000 of who are from New Jersey; and

WHEREAS, approximately 19 people die daily waiting for organs-the Gift of Life; and

WHEREAS, those needing tissues (bones, ligaments, heart valves, corneas, skin) are waiting to improve their quality of life

NOW, THEREFORE, I Gregg F. David, Mayor of the Borough of Kenilworth, do hereby proclaim the month of April, 2007 as;


in the Borough of Kenilworth and encourage the citizens of Kenilworth to sign donor cards witnessed by two persons, preferably next of kin, and because a donor card becomes a legal document, citizens are asked to share that decision with their families.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the Borough of Kenilworth to be affixed this fourteenth day of March in the year of our Lord Two Thousand and Seven.


WHEREAS, autism is a pervasive developmental disorder affecting the social, learning and behavioral skills of those affected by it, and,

WHEREAS, autism was once thought to be a relatively rare disorder, affecting only one in 10,000 people, and,

WHEREAS, as more and more health professionals become proficient in diagnosing autism, more children are being diagnosed on the autistic spectrum, resulting in rates as high as one in 150 children, and,

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WHEREAS, while there is no cure for autism, it is well-documented that if individuals with autism receive treatment early in their lives, it often is possible for those individuals to lead significantly improved lives, and,

WHEREAS, The New Jersey Center for Outreach and Services for the Autism Community (COSAC), and Autism Speaks is spearheading an awareness effort in order to educate parents, professionals and the general public about autism and its effects,

NOW, THEREFORE BE IT RESOLVED THAT I, Mayor Gregg David do hereby proclaim April as AUTISM AWARENESS MONTH in the Borough of Kenilworth, and urge all employees and residents to participate in our municipality's Autism Awareness Month activities, in order to become better educated on the subject of autistic spectrum disorders.


Councilman Taylor commented that he attended the Wrestling States this past weekend and it has been another great year in wrestling for the Borough of Kenilworth. They won a sectional championship and finished second as a team in Group One. Councilman Taylor acknowledged the three high school wrestlers that placed in the top eight of their weight classes, Kenny Knapp finished third, Joseph Lospinosa finished fourth and Jessie Boyden finished sixth. Councilman Taylor stated he would like to honor the team for their accomplishment.


Bob Herbert, 363 Coolidge Drive - Mr. Herbert was at 16th Street Park and he encountered a dangerous situation. An individual was flying a 4 foot gas/electric helicopter while children were practicing ball. Mr. Herbert suggested the Council pass an Ordinance that would prevent this dangerous situation from happening during soccer/baseball practice/games.

Bob Beiner, 36 South 24th Street - Mr. Beiner attended the County Transportation Advisory Board Meeting last week. The County has to come up with a coordinated transportation plan mandated by the government involving seniors and people with disabilities. There is going to be a county wide meeting on April 23, 2007 and they would like someone from each Municipality to be there. The County has a free vehicle (Section 5310 vehicle) that the Borough can receive if they attend the meeting in April. Councilman Corvelli will follow up.

Livio Mancino, 102 North 24th Street - Mr. Mancino strongly advised Councilman Pugliese to look into getting some signs from the County like we have on the Boulevard for Monroe Avenue and Washington Avenue because people speed down those roads and it is a dangerous situation. Mr. Mancio asked Councilman Corvelli if he received any word on the signs and Councilman Corvelli responded that the program is over and it will cost the Borough money to get the blinking signs. Mr. Mancino asked Councilman Clementi if it is possible for the police to direct traffic in the morning and afternoon at Brearley High School. Mr. Mancino asked Councilwoman Fiamingo what the percentage amount was from last year to this year. Councilwoman Fiamingo responded that she does not know the percentage increase but the point increase is 14 point increase. Mr. Mancino urged the Mayor and Council to request that the Centennial Committee put together a yearbook.

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

8:26 P.M. Respectfully submitted,

Hedy Lipke, Borough Clerk


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