Council Minutes from 11/12/2009



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. Mayor Fiamingo added that this meeting was rescheduled from November 11th due to Veteran’s Day Holiday.

The Salute to the Flag was led by Mayor Fiamingo.


It was moved by Councilwoman Sosnosky, seconded by Councilman Candarella, and carried that the minutes of the Work Session Meeting of October 27, 2009 and the Regular Meeting of October 28, 2009, be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)


  1. Letter from the Kenilworth Planning Board approving the passage of Ordinance No 2009-23 (Site Plan Review) as it is consistent with the Master Plan.
  2. Check received from the State Solid Waste Administration for 2008 Recycling Tonnage Grant = $17,067.77
  3. The Hearing for Community Development Year 36 Grant Applications to be submitted will be held at the Council Meeting of December 9, 2009.


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

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

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

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




Mayor Fiamingo reported that yesterday at 11:00 she attended the Veterans Day Ceremony at the VFW.  She said the VFW had a commemoration for the veterans and it was very well attended. She said it was exciting and wonderful to see so many people come out to support our veterans.

The Mayor stated she received a communication from Merck/Schering Plough indicating the merger took place last week and the Kenilworth facility will be maintained because of its tremendous advantages to the new company. 

Regular Council Meeting – November 12, 2009                                                        Page 2


Councilman Joho reported the tax collection percentages, in spite of the recession, has a year to date collection rate of 97.77% which actually compares quite favorably to last year’s rate which was 97.86%.  He said there is a slight decrease.  He said two departments have significantly higher increases in revenue from prior years. The Construction Department had $155,200.00 in fees which is a $27,000.00 increase from the prior year.  He said this is a good indication that things are starting to pick up as far as people doing work on their homes and properties.  Also court fines are up $37,000.00 from the prior year of $189,277.00.



Councilwoman Sosnosky reported that Superintendent Ryan has informed her that the Department of Public Works has received grant money from the State of New Jersey in the amount of $28,971.31.  She said of that total, the recycling Tonnage Grant money of $17,067.77 must be spent in 2010.  The Clean Communities money of $11,903.62 has been spent on a new recycled oil container, recycling decals for our new sanitation truck and the purchase of matchbox trucks that will be distributed to our elementary school children.  The rest of the money will be used for recycling containers for all of our parks, which is a requirement of the state.  The curbside leaf pickup program started on November 2nd. We have three working units collecting the leaves.  She asked residents to rake the leaves onto the street where they will not impede traffic or cover the top of our storm water catch basins.


Councilman Pugliese reported this Saturday, November 14th, the Kenilworth Police Department will be participating in Operation Medicine Cabinet.  This is a State wide effort being spearheaded by the DEA in which 250 Police Departments are taking part.  Citizens are being encouraged to go through their homes and medicine cabinets to find outdated and unused medicines.  This Saturday, November 14th at the Kenilworth Police Department front desk, between the hours of 10:00 am and 2:00 pm residents can drop off unused and outdated medicine and there will be no questions asked. He said citizens are encouraged to take the labels off the containers and the Police Department will turn over the medicines to the DEA who will safely dispose of them. 

On October 20th, Chief Dowd and Captain Phillips attended a Public Safety Shared Services seminar held at Kean University.  The convention was headed by Prosecutor Ted Romanko and many ideas were discussed.  The most significant idea that was seriously being considered is the idea of centralized dispatching.  That would include Police, Fire and 911 dispatches.  The County is currently in the process of looking into the feasibility of this project and once they get past the feasibility stage, they will again report back to the local police chiefs.

Regular Council Meeting – November 12, 2009                                                        Page 3

Councilman Pugliese received a letter from a local resident who appreciated the services she received from Officers Mark David, Glen Sandull and Mike Devlin at a time when she was in a desperate situation. He read a portion of the letter “I have lived in Kenilworth for 41 years and have always known that Kenilworth had a great police force.  It was not until that scary night in March that I realized how very fortunate I was to live in a town where our Police Officers care about the citizens and know how to bestow upon them a great sense of security and safety.  I

understand that these three officers were just doing their job but I could not pass up this opportunity to recognize them for a job well done and to say thank you”.


Councilman Candarella reported the Construction Department Report for the month was in order.


Councilman Leary reported this Friday at the Recreation Center from 7:00 pm to 9:00 pm will be Recreation Night for 3rd and 4th graders. He also reported that Breakfast with Santa will be on Saturday, December 5th at 10:00 am at the VFW. 

Councilman Leary expressed his thanks to Director Pentz and the Recreation Committee and all the volunteers for a successful Halloween Parade this year.  He said over 170 children attended which is the most for any previous years.



Councilman Klinder reported on Tuesday, December 1st the Kenilworth Library will co-sponsor “Meet the Author” series at the Cranford Community Center.  On Friday, December 4th, the Kenilworth Public Library will have the Metro Rhythm Chorus at 7:00 pm.  If anyone is interested in any of these programs, contact the library.  Library circulation for October was 4400.  He said the Salvation Army Kettle Drive will be on Saturday, December 5th, 12th and 19th at the A&P.  It will run from 9:00 am to 5:00 pm.  Anyone who is interested in taking an hour block should call 908-276-6461.  He said all the money from the Kettle Drive stays in Kenilworth.


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



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 Candarella moved that all items under Consent Agenda be approved, seconded by Councilman Pugliese.  Upon roll call the vote was unanimous.


Regular Council Meeting – November 12, 2009                                                        Page 4



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


Be It Hereby Resolved:          That the Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on December 9, 2009.


WHEREAS, Kenilworth Storage, LLC filed an appeal of their 2008 taxes in the Tax Court of New Jersey, and;

WHEREAS, the State Tax Court of New Jersey has issued a judgment in favor of the Kenilworth Storage, LLC  on October 23, 2009 and

WHEREAS, said judgment has resulted in an overpayment for the year 2008;

NOW, THERFORE 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 a warrant for a refund as stated below.

Block                       Lot                 Owner/Address:                                                   Amount

            183                           10                    Daniel G. Keough, Trustee                                $ 38,918.00

                                                                     Kenilworth Storage, LLC

                                                                     783 Springfield Avenue

                                                                     Summit, NJ   07901

                                                                                                                        TOTAL            $ 38,918.00



Be It Hereby Resolved:  That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad members be granted an expense allowance in accordance with the report submitted by Fire Chief Lewis Giordino, in the aggregate amount of $53,690.46.



Regular Council Meeting – November 12, 2009                                                        Page 5

Whereas, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 4, 2009 for delinquent 2008 taxes, and a tax lien was purchased by on property located at 423 Boulevard and known as Block 111 Lot 25, 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 #09-00009 by the collector of taxes.

R. Rothman

411 Grand Avenue

Englewood, NJ   07631

Redemption Amount


Premium Amount



WHEREAS, the Assessor of Taxes has determined that William Boll who owns

property located at 65 So. 19th Street and known as Block 113 Lot 31 in the Borough of Kenilworth, County of Union, NJ qualifies for full tax exemption as a 100% disabled veteran, and;

WHEREAS, this property was billed for 2009 taxes prior to this determination;

NOW, THEREFORE BE IT RESOLVED that taxes in the amount of $6,192.52 billed for 2009 taxes be cancelled, and;

The Collector of Taxes made said adjustment on the tax record of Block 113 Lot 31.

William Boll

65 So. 19th Street

Kenilworth, NJ   07033

Amount:  $6,192.52

Regular Council Meeting – November 12, 2009                                                        Page 6


Be It Hereby Resolved:   That the contract for Animal Control Services be awarded to Associated Humane Societies, 124 Evergreen Avenue, Newark, NJ 07114-2133, for a one year period beginning January 1, 2010 and ending December 31, 2010 at a cost of $17,274.40 per year.

Be it Further Resolved that the Mayor be authorized to sign said contract.

Proposed Ordinance No. 2009-23 was read for second reading as follows:  (Copy appears in

Minutes of October 14, 2009)



Mayor Fiamingo stated this is a second reading on an Ordinance establishing a minor site plan provision in the ordinance to allow for the stream lining of minor revisions to an established building or established commercial development.

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2009-23.

Livio Mancino, 102 North 24th Street – Mr. Mancino asked the Mayor if this Ordinance is a minor sub division or minor replacement to the existing edifice, ie putting on a porch?  The Mayor said it is a minor site plan, not a sub division and it is for when a commercial development that would have to always submit a site plan whenever they are doing any changes or renovations to their building.  If it is a minor revision, rather than going through the entire site plan review and all the costs associated with this, this is a streamline provision and is allowed by state statute and we are taking advantage of that statute.  She said the State Stature allows the appointment of a minor site plan committee in the Planning Board.  She said this would have to comply fully with all of our requirements so there will be no variances required as a result of this change.  Mr. Mancino asked if the site plan application would be streamlined and go before this committee and it would not cost the commercial applicant a lot of money.  The Mayor replied yes. Mr. Mancino asked what the state statute was?  The Mayor replied she does not know off hand.  Mr. Mancino asked if the Borough Attorney would let him know which state statute.

Seeing no one else wishing to speak, the Mayor closed the hearing on Ordinance No. 2009-23.

Regular Council Meeting – November 12, 2009                                                        Page 7


Introduced by Sal Candarella, adoption moved by same

Seconded by Fred Pugliese

Be It Hereby Resolved: that Proposed Ordinance 2009-23 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call all in favor

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


Livio Mancino acknowledged the success of Councilman Pugliese and Councilman Candarella in the recent election. He said he did not know who was their campaign manager but the Democrat’s had Bob Beiner and he is glad that it was a campaign that was not filled with all kinds of garbage. Mr. Mancino asked Councilman Pugliese to look into where the buses park at the high school during games. He said the buses are supposed to park on the right hand side of the curb from the corner of Monroe back, facing north.  He said this would not inhibit residents from parking in that area and it would allow the field to be exposed.  He said somebody changed it and the buses park at the exit of the field and the buses are in front of the homes and if they are running, that gas and fumes go right on to the property owners across the way.  Mr. Mancino said he looks forward to being a supporter or critic of all 7 of you for the new year. He said Kenilworth needs leaders and all of you people vowed to do that.  He said take the responsibility for next year with the criticism you get from him.  He appreciates the fact that they are sitting up there. He asked the Mayor not to close the meeting to the public and then have people make rebuttal remarks.

Motion was made by Councilman Joho, seconded by Councilman Leary to close the meeting to the public.


Mayor Fiamingo congratulated Councilman Candarella and Council Pugliese on the recent election.  She said she does not agree with the former Mayors characterization of everything but she is very pleased that they are back for another three years.  She said they are a great asset to the Council.

The Mayor invited everyone to the Breakfast with Santa on December 5th at the VFW.  She said in the evening at 6:30, instead of freezing in from of Borough Hall for an hour and caroling, we are going to change and start out at the Senior Citizen Building, have entertainment with holiday songs and refreshments and then at about 7:45 we are going to march down the Boulevard singing holiday songs until we reach Borough Hall and we will have the tree lighting ceremony. 

Regular Council Meeting – November 12, 2009                                                        Page 8

The Mayor wished everyone a happy and safe Thanksgiving.

Councilman Pugliese thanked the Zoning Officer Robert Herbert, despite the fact that he lost his house in a fire, has been continuously performing his duties as a Zoning Officer without missing a beat.

The Mayor said she agrees with Councilman Pugliese.


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

8:20 P.M.                                                                                                                                            Respectfully submitted,

                                                                                                                                                                        Hedy Lipke, Borough Clerk  

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