Council Minutes from 4/14/2010



Roll Call at 8:00 P.M. showed the following Council Members present:  Sal Candarella, Brian Joho, Scott Klinder, Kevin Leary, 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 Councilwoman Sosnosky, seconded by Councilman Klinder, and carried that the minutes of the Work Session Meeting of March 23, 2010 and the Regular Meeting of March 24, 2010 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)


  1. A Resolution was received from the Union County Freeholders granting permission to close the Boulevard on Sunday, October 24, 2010 for the Street Fair.
  2. Letter from Robert Renaud, Tax Appeal Counsel, reporting that the special appeal by Attorney Harry Haushalter of the Chapter 123 Ratio was successful thereby increasing the Borough’s ratio from 46.83 per cent to 48.58 per cent. 
  3. Letter from a resident at 103 North 23rd Street, asking permission to cut down a Borough tree.


1.     Police Department Report for the month of March, 2010.

2.    Construction Department Report for the month of March, 2010

3.    Borough Clerk’s Report for the month of March, 2010.

4.    Fire Department/Rescue Squad report for the month of March, 2010.

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.


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Mayor Fiamingo said she hoped that everyone has completed and sent in their Census Form.  She said it is a very simple form and we need to make sure that everyone in the Borough is counted. 

The Mayor reminded everyone that next Tuesday, April 20th is the School Board Election . She said the turnout is usually extremely dismal and she hopes that everyone comes out to vote because it is very important that we exercise our right to vote, especially on the school board and budget. 

Mayor Fiamingo mentioned that on Wednesday, April 28th at 7:00 pm is the Union County Teen Arts Showcase at the Union County Performing Arts Center on Irving Street in Rahway.  She said at this event teens are showcased for their talent including David Brearley High School Jazz Band.  There will also be artwork from the students hung throughout the center.  She said she is sorry she cannot attend because there is a council meeting on the same evening.

The Mayor said she has been notified by New Jersey American Water that they will be flushing the mains in Kenilworth on May 2nd and June 25th.  She said during the flushing of the lines, residents may experience low water pressure or discolored water.  She said if the water is discolored, residents are advised to run the water for a few minutes until it’s clear.  She said it is not a health problem and it is a standard procedure to keep the lines clear.


Councilman Joho reported that they are in the final stages of finalizing the 2010 budget with the intention of introducing the budget at the next council meeting.  He said where possible and without jeopardizing services they have cut further operation budgets of most departments in an effort to make up some of the loss of State Aid.  He said they have been challenged by the State’s imposed tax levy cap and the need to absorb the loss of State Aid this year and we have now experienced three years in a row of lost State Aid.   The goal continues to be maintaining essential Borough services while minimizing the tax burden on our property owners.  He said he thinks the taxpayers will see the benefit of our efforts at the municipal portion of their tax bills will reflect only a modest increase of what we are projecting.  He said they intend to introduce the budget at the next Council Meeting.


Councilwoman Sosnosky reported they are filling potholes throughout the Borough and they have taken care of most of the larger ones.  She said they will send out a crew at

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least once a week until completed.  They have started mowing Borough parks and properties and have been working on curbside brush pick-up.  She said General Household Cleanup begins today on the north side of town until completed and on Wednesday, April 21st on the south side of town until completed.


Councilman Pugliese reported that during the early morning hours of March 20th, Officers Ken Grady, Jr., Brian Picton and Joseph Scuorzo were dispatched to a man down call at Monmouth Avenue.  Upon arrival the officers discovered the resident had been in full cardiac arrest and was completely unresponsive with no breathing at all.  The three officers were able to bring the victim back to life by the use of a difibulator  and the administration of CPR.  The gentleman is now back home thanks to the lifesaving efforts of the three police officers.

Councilman Pugliese stated that residents and business owners who suffered damage as a result of the severe storms and flooding in March are urged to register with FEMA for disaster assistance as soon as possible.  Federal funding has been made available and persons should register, even if they have flood insurance.  Affected persons may call the Federal Emergency Management Agency at 1-800-621-FEMA (3362) between the hours of 7:00 am and 10:00 pm, seven days a week.  Also you can register on line at .

Councilman Pugliese read a letter from a Kenilworth resident who was praising the officers during a situation that she had.  “Dear Chief Dowd, I am writing this letter to inform you of your courteous and respectful officers with regard to their duties on March 10, 2010.  On this date I reported my purse missing which contained a very large amount of cash as well as my credit cards and personal information.  Special thanks go to Patrolman Mark Scuderi whose quick thinking thought to check at the Walmart whereupon my purse was discovered.  Also my sincere thanks goes to Patrolman Valerie Smith, Patrolman Ken Grady and Officer Wayne Fennes, they could not have been any nicer”.

The Mayor said it is always nice to hear those kinds of reports.


Councilman Candarella reported that all is in order with the Construction Report and the Zoning Report and they are anxiously awaiting their first draft of the Master Plan which should be available within the next two weeks.

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Councilman Leary reported there will be an indoor Swim Night on April 25th from 6:30 PM to 8:00 pm at the Cranford Pool.  You need to register in advance and you can find the forms on the Kenilworth Recreation Web Site which is .  Councilman Leary congratulated Recreation Director Pat Boyle and the Recreation Committee for hosting a great Easter Egg Hunt.  He said over 250 children attended and he has heard nothing but praise.



Councilman Klinder reported the Health Department is hosting a Rabies Clinic at the Firehouse on Sunday, April 25, 2010 from 1:00-3:00 pm.  This clinic was rescheduled from the one that was supposed to be in February but was cancelled due to the weather.

Councilman Klinder read some highlights of a letter praising the Library that was written by a Westfield couple.  “We are writing this letter to commend you and the entire staff of the Kenilworth Public Library for the exceptional service you provide to your patrons.  We are avid readers but very often we cannot find the books that we want in our local library in Westfield.  We have tried other libraries in Union County but in all honesty none compare to Kenilworth.  Your inventory is current, well chosen and up to date.  Providing reading materials is essential for the service required in any library but there is one service that is in short supply in many other libraries and that is courteous service.  Employees of Kenilworth Public Library are doing a wonderful job in all respects and you are, very simply put, pleasant, confident and happy to assist all that enter your doors.  Congratulations on a job well done.

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



Resolutions No. 1 thru 1 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 Klinder.  Upon roll call the vote was unanimous.




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

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WHEREAS,  The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS,  It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS,  The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS,  A resolution authorizing this municipality to apply for such tonnage grants for 2009 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council of the Borough of Kenilworth to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Borough of Kenilworth hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Public Works Superintendent Daniel Ryan to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grants be deposited in a dedicated recycling trust fund to the used solely for the purposes of recycling.


WHEREAS, First American R.E.T.S. paid the property taxes for the 3rd quarter of 2008 for the property located at 226 North 18th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 3RD quarter of 2009;

WHEREAS, First American R.E.T.S. has requested that the overpayment of the 3rd quarter be refunded to the homeowner;

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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                     Payable To:                                                   Amount

            37                                8                      John Scuorzo, III                                             $ 1,360.49

                                                                        306 North 22nd Street

Kenilworth, NJ 07033

                                                                                                                        TOTAL            $ 1,360.49



Be It Hereby Resolved:   That JUSTIN TORO be appointed as a Probationary

EMT on the Kenilworth Rescue Squad.


BE IT HEREBY RESOLVED:  That the following be employed as part-time Recreation

Department Solfball Umpires at a rate of $30.00 per game:


Robert Ramirez

Richard Mate


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


                        #981 Kenilworth Rotary Club for an on-premise 50/50 Raffle on April 24, 2010 at 33 South 21st Street, Kenilworth, NJ.           


                        #982 Kenilworth Rotary Club for a Merchandise Raffle on April 24, 2010 at 33 South 21st Street, Kenilworth, NJ.          


#983 St. Theresa’s Church for an Off-Premise 50/50 Raffle on August 21, 2010 at 541 Washington Ave., Kenilworth, NJ

#984 St. Theresa’s Church for Games of Chance between August 16th and August 21st, 2010 at 541 Washington Ave., Kenilworth, NJ.

#985 St. Theresa’s Church for On-Premise 50/50 Raffles between August 16th and August 21st, 2010 at 541 Washington Ave., Kenilworth, NJ.

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BE IT HEREBY RESOLVED:  That the contract for “Preventative Maintenance for the Elevator at the Kenilworth Fire Department” be awarded to ZIP SYSTEMS, INC., 38 Old Camplain Road, Suite 2, Hillsborough, NJ  08844-4295, for a two year period from April 14, 2010 to April 14, 2012 at a cost of $160.00 per month, $1,920.00 per year.

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 Fire Department-Maintenance of Other Equipment:  0-01-25-749-152.


Be It Hereby Resolved:  That Robert Weiss be employed as a Part-Time Municipal Court Attendant at a rate of $15.00 per hour effective as of April 12, 2010.


BE IT HEREBY RESOLVED:  That the Treasurer be authorized to issue a check for the purchase of property at 11 South 23rd Street.

BE IT FURTHER RESOLVED:  That the Mayor and Borough Clerk be authorized to sign any documents required to complete the transfer of title.

Certification of Funds:

Date: _________________________

Appropriation: _________________

Treasurer: ____________________




            WHEREAS, the Borough of Kenilworth desires to amend the 2010 Temporary Capital Budget of said municipality by inserting therein the following projects.

            NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of Kenilworth as follows:

            Section 1.  The 2010 Temporary Capital Budget of the Borough of Kenilworth is

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hereby amended by the adoption of the schedule to read as follows:


Temporary Capital Budget of the

Borough of Kenilworth

County of Union, New Jersey

Projects Scheduled for 2010

Method of Financing




Other Funds

Budget Appr.


Capital Imp.





Boiler Replacement –

Recreation Center




Fire Department

Turnout Gear




            Section 2.  The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for 2010 Temporary Capital Budget, to be included in the 2010 Permanent Capital Budget as adopted.



A RESOLUTION       to permit the Mayor and Borough Clerk to execute a Utility Easement Agreement for Block 38 Lots 8.01 and 8.02


.           The Borough of Kenilworth, Union County, New Jersey


            Hereby consents to have the Mayor and Borough Clerk execute a Utility Easement Agreement for Block 38 Lots 8.01 and 8.02 after the Borough Attorney has negotiated and approved the form of the Agreement.

DATE: April 14, 2010                                                              ________________________

                                                                                                            HEDY LIPKE, Borough Clerk

I hereby certify that the foregoing is a true and correct copy

of a resolution duly adopted by the

BOROUGH OF KENILWORTH                                                      567 BOULEVARD

CORPORATE NAME OF EMPLOYER                                          ADDRESS

On the 9TH day of September, 2009                                                                KENILWORTH,NEW JERSEY

HEDY LIPKE, BOROUGH CLERK                                                   908-276-9090  TELEPHONE NUMBER

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Motion was made by Councilman Candarella, seconded by Councilman Leary to open the meeting to the public.


Bob Herbert, 363 Coolidge Drive – Mr. Herbert said the Mayor and Council are going to have some tough decisions coming up with our financial crisis.  He read parts of something he received from the New Jersey Carpenters. He said they let everyone know that they know there are tough times out there right now and members are due for a raise in May and in the letter they said that all the signatory contractors are asking for a cut of wages during these tough economical times while trying to generate some work.  At this time the council decided to freeze any raises and also extend the contract from 2011 to 2013 and that will put them seven years under the same contract and will freeze it for the next couple of years. He said work is not good for tradesman.  He said in Kenilworth there are a lot of blue collar workers like iron workers, electricians, etc. and all the locals are talking about the same thing.  He said when the politicians and teachers are saying that we are all overpaid and seasonal workers.  He said maybe they will work 180 days and that is what we get paid for. He said they cannot afford any increases and we have to do whatever it takes.  He asked the Mayor and Council to take a good look that because they are going to hurt a good group of these people if there is an increase in taxes because they are taking a pretty big hit and we just cannot afford any more increases in taxes.

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


 Mayor Fiamingo said the Michael Wojcio, who was the Grand Marshall of the Centennial Parade in 2007, passed away this afternoon.  Mr. Wojcio was 98 years old. Mr. Wojcio was a good man, a great golfer and he will be missed as a mainstay in this Community.  Mayor Fiamingo asked for a moment of silence for Mr. Wojcio.  


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

8:16 P.M.                                                                                                                                                                                                        Respectfully submitted,


                                                                                     Hedy Lipke, Borough Clerk  

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