Council Minutes from 5/13/2009



Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Brian Joho, Scott Klinder, Kevin Leary, Jr., 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.


It was moved by Councilman Candarella, seconded by Councilman Leary, and carried that the minutes of the Work Session Meeting of April 21, 2009 and the Regular Meeting of April 22, 2009 and the Special Work Session Meeting of May 5, 2009 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)


1.     Letter from Regina Badali, 3 Via Vitale, asking permission for a Block Party on Via Vitale on August 1, 2009

2.    A check was received from the State for a Clean Communities Grant in the amount of $11,903.62

3.    Resolution received from the Union County Board of Chosen Freeholders approving our request to close the Boulevard on Sunday, October 25, 2009.

4.    Letter from Gina Parducci-Cesaro, 21 Boyd Terrace, with a petition from the residents of Boyd Terrace, asking that their street be repaved.

5.    Letter from Planning Board Secretary Madonna Bogus confirming the hearing date of May 28, 2009 for the Borough’s Sub-Division application for Block 15, Lot 5, 339 No. 19th Street.

6.    Letter from Shirley Boyden Maxwell, President, Kenilworth Historical Society, asking for approval for a Freedom Run and Walk on September 27, 2009.

7.    “Youth in Government Day” will be held on Wednesday, May 27th with students presiding at the Council Meeting.


1.     Police Department Report for the month of April, 2009.

2.    Construction Department Report for the month of April, 2009.

3.    Borough Clerk’s Report for the month of April, 2009.

4.    Municipal Court Report for the month of April, 2009.

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





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Mayor Fiamingo reported that due to the current economic conditions and the tax burden it would put on the residents, the Council decided to table the construction of the public safety building. They determined that it would be best to wait until the economic condition has improved.

The Mayor said the Kenilworth Library will hold a ribbon cutting for their new elevator on May 30th at 10:00 am.  She said the actual cutting of the ribbon will be 11:30 and the festivities will begin at 10:00 am. There will be a number of programs available.

The Mayor and Council received a report from the representative to the Rahway Valley Sewerage Authority briefly detailing some financial suggestions obtained about refinancing the Borough’s staggering debt that goes out to the year 2035.  She said there have been a couple of proposals suggesting they refinance a portion of the debt which would give the Borough some relief in 2010 and 2011 but it would then come back to bite us in the following years by making us pay additional interest.  She said although the Borough would get some minimal relief next year, the numbers would be staggering for the following years.  She said it is in the budget now and we will get used to it. She said it does not make sense to have it go down for one or two years and then have an enormous increase.  She said it is one of those gimmicks that we have all complained about in the past, like the borrowing from the pension funds.  The Mayor said they do not feel it is an appropriate plan at this time.

The Mayor attended the grand opening of T. Slack’s new building.  She said they did a beautiful job renovating 180 Market Street which is a building across the street from the Knights of Columbus. She said T. J. Slack does environmental oil tank remediations.The Mayor said they presented the Borough with a check for $500.00 for the Community Fund and it was a very nice gesture to be used to benefit our residents.  She thanked them for their generous donation and wished them well in their new location.  She said they have been in town for a very long time but now they have a beautiful new location. The Mayor said hopefully more people will be doing the same in some of our empty buildings along the Boulevard and elsewhere. 

The US Census Bureau sent the Mayor notification that they are in the area and are canvassing in April, May and June.  They will not be asking any personal information about individuals or groups living at the addresses but they will be asking survey information.  She said everyone who is a Census Bureau employee will have identification and a badge so please feel free to ask for identification.




Councilman Joho reported that as of May 12th, the tax collection rate is at 95.53% which is slightly ahead of last year’s 95.45% and that is especially good news during these economic times.  He said our tax collection rates are phenomenal. He said our revenue rate on our interests on investments is down another $4,583.97 compared to last year’s number of $5,268.01. He said our interest on investments is $684.04 which is a pretty drastic change. He said on a positive note our hotel occupancy income fee is up and our court revenues are up $10,113.99 over last year’s figure at this time. 

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Councilwoman Sosnosky reported the DPW has finished cleaning all of the storm water catch basins on the north side of town and are currently completing the south side.  She said the grass clippings will be picked up every Tuesday.  The grass clippings should be placed in covered 32 gallon trash containers.  She said brush pick up is done every Wednesday until completed and if anyone has a problem they should call the Department of Public Works at 908-276-5073.


Councilman Pugliese announced the Police Department has received a $4,000.00 grant from the New Jersey Division of Highway & Traffic Safety for enforcement of the “Click It or Ticket Program”.  The program will be in effect from May 18th to May 31st.  There will be strict enforcement of the seat belt law during this two week period and residents are reminded to wear their seat belts.  He said this week will kick off the “Bicycle Helmet Safety Reward Program” and helmet give a way.  He said when a police officer sees a child wearing a helmet while riding a bicycle the police officer will give the child a ticket which entitles the child to receive a slice of pizza at Greco Roma Pizzeria.  He said if an officer sees a child not wearing a helmet while riding a bicycle, he will receive a free helmet.  Councilman Pugliese said the Mayor and Council would like to thank Greco Roma Pizzeria for providing the free pizza.


Councilman Candarella reported the Construction Report is in order and the Planning Board and Board of Adjustments have a full slate.  They were slow for a while and now they are getting new business.  He said the Senior Handyman Program is up and running.  He reminded seniors that if they need any small projects done around the house to please fill out an application.  The applications are at Borough Hall.


Councilman Leary had nothing to report.



Councilman Klinder reported the attendance at the Kenilworth Library for the month of March was 4940.  He said the Library DVD website is up and running.  He said on May 30th there will be a ribbon cutting ceremony for the library elevator.


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


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Resolutions No. 1 thru 12 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 Sosnosky moved that all items under Consent Agenda be approved, seconded by Councilman Joho.  Upon roll call the vote was unanimous.



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


WHEREAS, the Department of Public Works was instructed to cut the grass and clean up property located at 312 Roosevelt Lane, Block 99 lot 4, and;

WHEREAS, said work amounted to $400.00 and was charged to the tax account for calendar year 2008, and;

WHEREAS, a tax sale is held annually for unpaid charges from the prior year, the aforementioned charges were not paid and, therefore, included in the 2009 tax sale;

WHEREAS,  said property was sold in January 2008, a search at the time of closing did not indicate clean up charges were due and the new owners have been maintaining their property since the time of purchase.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth that the Tax Collector be and is hereby authorized to cancel the charge of $400.00 from that parcel which will eliminate it from tax sale.


WHEREAS, the following property was issued a permit and fees were received by the Building Department.

WHEREAS, it has been determined that the homeowner is a senior citizen, and is entitled to a reduced fee as per Borough Ordinance No. 99-5.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following to:

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Amount of $46.00 to be refunded to the homeowner who paid the permit.

                        Joseph Zeyock, Jr.

                        628 Clinton Avenue

                        Kenilworth, NJ  07033

                        Block #121, Lot #9                              Permit #09-00050


Be It Hereby Resolved:  That Resolution No. 8 dated April 8, 2009 awarding Frank H. Lehr Associates the contract for “Pavement Corings on Carnegie Avenue” at a cost of $725.00 be amended to change the amount of the contract to $1,325.00 this increase due to additional work needed to comply with N.J.D.O.T. specifications.


WHEREAS, the Borough of Kenilworth heretofore advertised for the receipt of bids for a CRACK AND JOINT SEALING UNIT and SEALY EQUIPMENT & SUPPLY CO., INC., 1325 Highway 34, Farmingdale, NJ  07727-3619, having submitted a bid of $33,936.00; and

WHEREAS, it has been determined that this is the lowest responsible bid.

NOW, THEREFORE, BE IT RESOLVED that the contract for a Crack and Joint Sealing Unit is hereby awarded to Sealy Equipment & Supply Co., Inc. at a cost of $33,936.00.

Certification of Funds

Date:  5/8/09

Appropriation:  C-04-55-931-003

Treasurer:  Nancy Nichols



WHEREAS, the binding arbitration process was intended to support local government aims by arriving at award decisions that are equitable to all involved parties, including municipalities, and Police and Fire Department personnel, and taxpayers; and

WHEREAS, the binding arbitration process is mandated by the state law; and

WHEREAS, municipalities are bound by strict fiscal controls embodied in the expenditure limit and tax levy cap laws; and

WHEREAS, it is the norm rather than the exception for state approved arbitrators to award raises for police salaries at rates that exceed the annual caps; and

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WHEREAS, binding arbitration awards in excess of the caps force municipalities to cut other critically needed municipal services, in order to fund salary increases, compounded by pension increases, to police and fire personnel, and costs for police and fire services continue to spiral at an unacceptable rate; and

WHEREAS, the state approved binding arbitration process is inconsistent with the State cap laws and is unfair to municipalities attempting to control property taxes through fiscal responsibility;

NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the (Name of Municipality) urges the New Jersey State Legislature to pass legislation containing substantial reforms to the binding arbitration process; and

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to our State Senator, our Representatives in the General Assembly, to the Governor and to the New Jersey League of Municipalities.


            Whereas, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 12, 2008 for delinquent 2007 taxes, and a tax lien was purchased by Park Finance, LLC on property located at 293 Lincoln Drive and known as Block 99 Lot 13, in the Borough of Kenilworth, County of Union,

            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

            Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #08-00005 by the collector of taxes.

Park Finance, LLC

P.O. Gox 109

Cedar Knolls, NJ   07927

Redemption Amount




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BE IT HEREBY RESOLVED:  That the Mayor, on behalf of the Borough of Kenilworth, be authorized to submit an Application for a Major Sub-Division of Block 15, Lot 5, 339 North 18th Street to the Kenilworth Planning Board of Adjustment.

BE IT FURTHER RESOLVED by the Governing Body that all Planning Board fees associated with this application be waived with the exception of potential Professional fees up to a maximum of $5,000.00.


WHEREAS, the Borough of Kenilworth heretofore advertised for the receipt of bids for TREE & ARBOREAL MAINTENANCE SERVICES FOR A 2 YEAR PERIOD WITH A 1 YEAR EXTENSION OPTION and Astone Tree Services, Inc., Union, NJ, having submitted the low bid as attached.

NOW, THEREFORE BE IT RESOLVED that the contract for Tree & Arboreal Maintenance for a 2 Year Period with a 1 Year Extension Option, is hereby awarded to Astone Tree Service, Inc.

BE IT FURTHER RESOLVED that the Borough Attorney is authorized to draw up the necessary contract and that the Mayor and Borough Clerk be authorized to sign said contract.

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 Financial Officer of the Borough of Kenilworth.

Certification of Funds

Date:  5/12/09

Appropriation:  9-01-26-776-123

Treasurer:  Nancy Nichols




WHEREAS, there are 592 motor vehicle fatalities in New Jersey in 2008; and

WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a seat belt; and

WHEREAS, use of a seat belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and

WHEREAS, the National Highway Traffic Safety Administration estimates  that 135,000 lives were saved by safety belt usage nationally between 1975-2000; and

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WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket seat belt mobilization from May 18 – May 31, 2009 in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the seat belt usage rate in the state from the current level of 91.75% to 100%; and

WHEREAS, a further increase in seat belt usage in New Jersey will save lives on our roadways;

THEREFORE, be it resolved that Kenilworth Borough declares it’s support for the Click It or Ticket seat belt mobilization both locally and nationally from May 18 – May 31, 2009 and pledges to increase awareness of the mobilization and the benefits of seat belt use.


Be It Hereby Resolved:  That IKON OFFICE SOLUTIONS, State Contract No. 64039, be awarded the contract for the 48 month lease of two (2) Ricoh Copiers as per the following cost and the proposal submitted:

            1 – Ricoh MP5000SP = $192.36 per month (A&E)

            1 – Ricoh MP4000SP = $135.86 per month (Police Dept.)

Certification of Funds

Date: 5/12/09

Appropriation: 9-01-20-701-026


Treasurer:   Nancy Nichols


Be It Hereby Resolved:  That the Building Department Fees for a sidewalk project at St. Theresa’s School be waived = $100.

Councilman Joho reported the Kenilworth Board of Education’s budget was defeated on April 21st.  He said Mayor and Council reviewed the budget at their work session last night and they are introducing a resolution tonight which addresses their recommendations.  He said the tax levy may have to be adjusted due to the fact that the Board of Education was using a different assessed value.

RESOLUTION NO. 13 Reduction in Defeated Board of Education Budget (copy attached)

Mayor Fiamingo asked if this resolution also includes the cuts made by the Board of Education? Councilman Joho replied yes, it will include the 30 or 40 line items that were suggested by the Board of Education, totaling $125,736.00. The Council accepts those items plus the additional $48,000.00.

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The Mayor asked Councilman Joho it was his motion that those be included in the actual resolution.  He replied yes, the Board of Education’s cuts as well as the Council’s cuts will be included into Resolution No. 13.  

Proposed Ordinance No. 2009-10 was read for second reading as follows:  (Copy appears in

minutes of April 8, 2009)



Mayor Fiamingo said this is a second reading on an ordinance which would change the fee schedule so that when there is a requirement for a police vehicle to be present at any construction site or whatever that they be permitted to charge a $10.00 per hour fee for that vehicle to be out of services.  She said if anyone would like to comment, please step forward and state their name for the record.  Seeing no one, the Mayor closed the hearing on Ordinance 2009-10.

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2009-10

No on wished to speak.

Mayor Fiamingo closed the meeting on Ordinance 2009-10 to the public.


Introduced by Fred Pugliese, adoption by same.

Seconded by Toni Sosnosky

Be It Hereby Resolved: that Proposed Ordinance 2009-10 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call, all in favor.

Proposed Ordinance No. 2009-11 was read for a first reading as follows:  (Copy attached)



Mayor Fiamingo stated this is a first reading on an ordinance which would change the requirements for minor sub division.  She said currently the requirements for a minor sub division are the same as requirements for a major subdivision.  She said it makes sense that the major and minor subdivision requirements should be different.  She said the second reading will be held on June 10, 2009 and at that time anyone who wishes to speak may do so at that time.

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Introduced by Sal Candarella, adoption by same.

Seconded by Fred Pugliese.

Be It Hereby Resolved: that Proposed Ordinance No. 2009-11 be and the same is hereby passed on first reading and ordered published for final hearing on June 10, 2009.

Upon roll call, all in favor.

Motion was made by Councilman Joho and seconded by Councilman Leary to open the meeting to the public.  All in favor.


No one wished to speak.

Motion was made by Councilman Joho, seconded by Councilwoman Sosnosky to close the meeting to the public. All in favor.


Councilman Joho stated the Council does not take budget cuts lightly.  He said it was difficult to review a budget that took months to create and to make recommendations in the short time they had to review the budget.  He said they tried to be fair to all parties involved, those that voted against it and those that came out for it.   He said that however disappointing the vote totals were, they had to make some considerations.  He said they especially had to consider the children and the quality of the education they receive in Kenilworth.  He said they did not want to effect the quality of education in the classroom so the suggested  $48,300.00 was for non-instructional line items.


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

8:25 P.M.                                                                                Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  

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