Council Minutes from 3/28/2007
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, MARCH 28, 2007.  MAYOR DAVID PRESIDED.

ROLL CALL

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

 

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

The Salute to the Flag was led by Mayor David.

MINUTES

It was moved by Councilman Taylor, seconded by Councilman DeLuca , and carried that the Work Session Meeting of March 13, 2007 and the Regular Meeting of March 14, 2007 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

 

COMMUNICATIONS AND PETITIONS

 

  1. Notice of Tort Claim received on 3/22/07 from Elizabeth M. Hurban against Borough of Kenilworth and/or the Kenilworth Police Department and Police Officers to be identified alleging “improper conduct, etc.”. Forwarded to insurance company.
  2. Notice received from the Department of Community Affairs that the deadline for Extra Ordinary Aid Applications has been extended to April 4, 2007.
  3. Letter from the Kenilworth Little League inviting the Governing Body to attend their Opening Day Ceremony on April 14th immediately following their parade which starts at 1:00 P.M.

REPORTS

1.                  Rahway Valley Sewerage Authority Meeting Minutes of February 15, 2007.

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

MAYORS REPORT

Mayor David reported he received a letter dated March 22, 2007 from NJ American Water advising that new rates are going into effect March 30, 2007.  On March 22, 2007 the Board of Public Utilities approved a 12 ½% overall rate increase. The average bill will increase 18.81 per quarter, from $90.39 to $106.20 per quarter which is an increase of 15.81 per quarter for the average residential bill.

Regular Council Meeting – March 28, 2007                                                                      Page 2

 

 

 

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that she did not meet with the Finance Committee last week but they will be meeting next week with a view towards reducing the line items that are currently in the proposed budget. She talked about the sewer utility authority and we are going to put out requests for proposals for engineers to consider proposals and assist us in setting up a utility authority and to give us some guidelines in understanding of whether it will benefit the public.

 

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese was absent.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clement was absent.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported the curb and road repairs are moving along. PMK is working on electricity at DiMario Park, and in the interim they will be putting conduits where the scoreboard is going to be so that when they do get power it will be easier to run. The Planning Board is going to hold a special meeting at their Work Session to grant our variance application for the Library elevator.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported that about an inch of clay was put down at 16th Street Park for the new season. The Easter Egg Hunt is this coming Saturday at 10:00 sharp. The elevator for the Fire Department will be completed early next week and we will send a letter to the County for final payment of the grant.  The Borough’s 1974 Ladder Truck, which has become obsolete, will be picked up and sent to a museum in South Carolina. The museum will accrue all costs and Kenilworth, NJ will have their name posted on the fire truck.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported the DPW and the Borough engineer are coordinating the first phase for cleaning the streams which will begin over the next couple of weeks.

ORDINANCES AND RESOLUTIONS

BILLS

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

Regular Council Meeting – March 28, 2007                                                                      Page 3

 

 

CONSENT AGENDA

Resolutions No. 1 thru 6 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 DeLuca moved that all items under Consent Agenda be approved, seconded by Councilman Taylor.  Upon roll call the vote was unanimous.

RESOLUTION NO. 1

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

RESOLUTION NO. 2

Whereas, the Borough of Kenilworth held a Tax Sale on March 16, 2005 for delinquent 2004 taxes, and a tax lien was purchased by Crusader Servicing, Corp. on property located at 625 Washington Avenue and known as Block 85 Lot 12, 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 #05-0005 by the collector of taxes.

Crusader Servicing Corp.

179 Washington Lane

Jenkintown, PA   19046

Redemption Amount

$11,466.50

Premium

$6,000.00

RESOLUTION NO. 3

WHEREAS, Senate bill S-457 is intended to modify the “time of decision” rule which currently allows municipalities to change the zoning regulations during the pendency of an application for development; and;

WHEREAS, under the bill the ordinances in effect at the time of an application is submitted shall govern the review of that application, and any decision made following upon that review;

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WHEREAS,  “the time of decision rule” is a judicially recognized principal that decisions are to be made on the basis of laws, ordinances and regulations in effect at the time the decision is rendered; and

WHEREAS, courts have applied the “time of decision rule” to correct errors in zoning ordinances, thus giving local legislators the opportunity to correct legislative policy that has been found to be imperfectly expressed;

WHEREAS,  the “time of decision rule” has permitted a municipality to give additional legislative consideration to serious and substantial land use planning concerns that, for whatever reason, had not been previously addressed in the ordinance;

WHEREAS, application and zoning changes require public discussion and hearings, and S-457 would permit developers to “beat the clock” by filing applications and freezing the ability of local officials to act;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of  the Borough of Kenilworth urges our State Legislators to oppose S-457;

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to State Senator and Assembly representatives.

RESOLUTION NO. 4

WHEREAS, Johnston Supply Company will be celebrating its 20th Anniversary of its Kenilworth branch on May 4, 2007; and

WHEREAS, Johnston Supply Company is a premier supplier in the HVAC/R industry’ and;

WHEREAS, President and Vice President Bob and Bud Zimmerman opened their first branch in Kenilworth in 1987 to serve the needs of local contractors and now has five branches throughout New Jersey; and

WHEREAS,  over the twenty years Johnstone Supply Company has made a vital contribution to Kenilworth’s economy as well as donating to various local organizations such as the Chamber of Commerce, Rescue Squad, Fire Department, Pride in Kenilworth Committee, PBA Local 135, David Brearley Athletic Boosters, David Brearley Music Boosters and the Kenilworth Health Fair; and

WHEREAS, Johnston Supply Company will be hosting an Open House on May 4, 2007 and have invited Mayor and  Council to attend; and

WHEREAS, the Governing Body of the Borough of Kenilworth congratulates Johnstone Supply Company on their 20th Anniversary in Kenilworth and thanks them for their contributions to the Borough.

Regular Council Meeting – March 28, 2007                                                                      Page 5

NOW, THEREFORE, I, Gregg David, Mayor of the Borough of Kenilworth, do hereby proclaim May 4, 2007 as

                                    “JOHNSTONE SUPPLY COMPANY DAY”

in the Borough of Kenilworth.

RESOLUTION NO. 5

WHEREAS,  Civic prayers and national days of prayer have a long and venerable history in our constitutional republic, dating back to the First Continental Congress in 1775; and

WHEREAS,  The Declaration of Independence, our first statement as Americans of national purpose and

identity, made “the Laws of Nature and Nature’s God” the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and

WHEREAS,  The Supreme Court has affirmed the right of state legislatures to open their sessions with prayer and the Supreme Court and the U.S. Congress themselves begin each day with prayer; and

WHEREAS,  In 1988, legislation setting aside the first Thursday in May in each  year as a National Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and

WHEREAS,  The National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer

to acknowledge our dependence on God, to give thanks for blessings received, to request healing for wounds endured, and to ask God to guide our leaders and bring wholeness to the  United States and her citizens; and

WHEREAS,  It is fitting and proper to give thanks to God by observing a day of prayer in the Borough of Kenilworth when all may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our State and nation; and

WHEREAS,  this year marks the 51st Annual National Day of Prayer with this year’s theme, “America United Under God”;

NOW, THEREFORE, I Gregg David, Mayor of the Borough of Kenilworth, do hereby proclaim Thursday, May 3,  2007, to be designated as

                          “A DAY OF PRAYER IN THE BOROUGH OF KENILWORTH”

and encourage the citizens of the Borough of Kenilworth to observe the day in ways appropriate to its importance and significance.

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RESOLUTION NO. 6

WHEREAS, the Borough Council of the Borough of Kenilworth has reviewed Ordinance Number 2006-12 of the Borough of Kenilworth; and

WHEREAS, the Borough Council has the power to adopt or amend a zoning ordinance relating to the nature and extent of the uses of the land and of the buildings and structures thereon; and

WHEREAS, the Borough Council has introduced Ordinance Number 2007-05, entitled ‘AN ORDINANCE AMENDING CHAPTER 197 OF THE BOROUGH CODE OF THE BOROUGH OF KENILWORTH REPEALING ORDINANCE NUMBER 2006-12, ENTITLED AN ORDINANCE AMENDING CHAPTER 197 OF THE BOROUGH CODE, SO AS TO ELIMINATE DUPLEX HOUSING UNITS AS A PERMITTED USE IN ALL ZONES OF THE BOROUGH”

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Kenilworth that it hereby refers proposed Ordinance 2007-05 to the Borough Planning Board for review and recommendation pursuant to N.J.S.A. 40A:55D-65; AND

BE IT FURTHER RESOLVED, the Borough Planning Board shall issue a report its recommendation on the proposed Ordinance; and

BE IT FURTHER RESOLVED, that upon receipt of the recommendation of the Planning Board, the Borough Council will notice a hearing on the proposed Ordinance regarding its adoption.

                                                                             

 Proposed Ordinance No. 2007-02 was read for second reading as follows:  (Copy appears in

                                                                                                    minutes of February 28, 2007

2007-02

ORDINANCE AMENDING CHAPTER 190 OF THE BOROUGH CODE OF KENILWORTH -COURT FEES REGARDING PARKING OFFENSES FOR PARKING IN MUNICIPAL PARKING LOTS #3 AND #4

Mayor David stated this Ordinance establishes fees for improperly parking in municipal lots.  The penalty has been increased to $51.00 which is in line with the State code.  This is a second reading and anyone wishing to speak may do so now. 

Mayor opened  meeting to public on Ordinance 2007-02, hearing no one he closed the meeting to the public.

                                                        

RESOLUTION NO. 7

Introduced by Anthony DeLuca who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2007-02, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Robert Taylor and on roll call unanimously carried.

Regular Council Meeting – March 28, 2007                                                                      Page 7

Proposed Ordinance No. 2007-03 was read for second reading as follows:  (Copy appears in

                                                                                                    minutes of February 28, 2007

2007-03

ORDINANCE AMENDING CHAPTER 190 OF THE BOROUGH CODE OF THE BOROUGH OF KENILWORTH TO IMPLEMENT PARKING RESTRICTIONS ALONG NORTH 17TH STREET IN THE BOROUGH OF KENILWORTH

Mayor David stated this Ordinance relates to North 17th Street and the elimination of parking on the east side of the street. There was a necessity to eliminate the parking on one side of the street due to the narrowness of the street and the effect it was having on two way traffic. This is a second reading and anyone wishing to speak may do so now.

Mayor David opened the meeting to the public.

Brian Jaeckel, 414 North 17th Street – Mr. Jaeckel asked the Mayor why  the Town made  North 17th Street a one side parking only street? Mayor David replied the street was recently curbed and repaved and the street was made narrow in order to save a number of trees that existed along the interior of the curbing. The residents of North 17th Street indicated  they would like to save the trees and in order to accommodate the residents we made the street a little narrow then it might otherwise have been. There was also a financial component of that decision in that it would cost a substantial amount of money to remove the trees.   Once the street was completed and people were parking on both sides, it was quickly recognized that there was not enough room for two-way traffic or for emergency fire equipment to get through.  Lt. Grady, our Traffic Safety Officer, investigated and came back with a recommendation to eliminate parking on one side. Mr. Jaeckel asked when construction was completed and the Mayor replied he believed it was in 2006.  Mr. Jaeckel stated he heard rumors that the reason the street was made narrower was because the Town did not want to remove the telephone pole because it would cost $30,000.00.  Mayor David responded that the cost to remove the trees was quite substantial but most of the residents did not want the trees removed.  Mayor David stated that it was the cost of removing the trees and the fact that the residents did not want the trees moved that were the deciding factors. Mr. Jaeckel  asked whose decision it was to make the street narrow and when did the Borough have knowledge of traffic problems? Mayor David responded that it was the decision of the engineer and the Council and as soon as the street was completed and cars started parking on both sides of the street, they knew there was a problem.  Mr. Jaeckel asked why the Borough did not put up no parking signs on one side of the street?  Police Chief Dowd responded that it was never thought of.  Mr. Jaeckel stated the reason he was asking all the questions was because his daughter had her license about five weeks and hit a parked car on North 17th Street when her car and another car were trying to pass each other at the same time and he believes that if the street were not as narrow as it was made then the accident would not have happened. Mr. Jaeckel asked if he can put a claim in against the Town for the damages to motor vehicles. Mayor David stated he is not an attorney and deferred to the Borough Attorney. Mr. Jaeckel advised he would direct his claim to the Borough Attorney.                                                      

No other comments, Mayor closed meeting to public on Ordinance 2007-03.

Regular Council Meeting – March 28, 2007                                                                      Page 8

 

RESOLUTION NO. 8

Introduced by Anthony DeLuca who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2007-03, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Robert Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2007-05 was read for the first  reading as follows:  (Copy attached)

                                                                        2007-05

AN ORDINANCE AMENDING CHAPTER 197 OF THE BOROUGH CODE OF THE BOROUGH OF KENILWORTH REPEALING ORDINANCE NUMBER 2006-12, ENTITLED AN ORDINANCE AMENDING CHAPTER 197 OF THE BOROUGH CODE, SO AS TO ELIMINATE DUPLEX HOUSING UNITS AS A PERMITTED USE IN ALL ZONES OF THE BOROUGH

Mayor David advised this Ordinance relates to a duplex ban that had been implemented last year and it now repeals that particular Ordinance.  This is a first reading and anyone interested in speaking on this Ordinance can do so on May 23, 2007.  Copies are in the back of the room or you can pick one up at the Clerk’s Office. Second reading is scheduled for May 23, 2007.

RESOLUTION NO. 9

Introduced by Anthony DeLuca who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2007-05, be and the same is hereby passed on first reading and ordered published for final hearing on May 23, 2007.

Seconded by Robert Taylor and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Fiamingo extended her thanks to the Kenilworth Police Department for their assistance in the death of her father. She especially thanked Officer Pastor, Detective Soos and Sgt. Devlin for all the kindness extended that evening.  She also thanked Police Chief Dowd and everyone else who extended their sympathies.

Mayor David asked Councilwoman Fiamingo if there was anything to report on the Centennial Meeting that was held March 26th.  She reported there were some funds authorized for bands.

Mayor David stated to the audience that Kenilworth is celebrating 100 years with events scheduled throughout the year and he encouraged everyone to try and attend the parade on June 16th as well as all the other events. Councilwoman Fiamingo added there will be a golf outing and a Five K Run.

Regular Council Meeting – March 28, 2007                                                                      Page 8

 

 

OPENED TO THE PUBLIC

Hany ElShiekh – Via Vitale – Mr. ElShiekh stated that in 2000 he purchased a piece of property at 15 South 17th Street and when he went for a permit to remove the house he was denied because there was an Ordinance saying you cannot open a street for utilities for five years. He suffered financially for two years. Last Monday he observed people digging the curb on the property  he owns on North 12th Street and asked why, as a homeowner, he was not advised. The person stated that a note was put in the doors of all the houses on the street.  Mr. Elshiekh stated that homeowners should be notified of work being done.  Mr. Elshiekh observed his curb

and driveway being ripped up and he asked the construction people why, they replied that the Town has the right of way. Mr. Elshiekh spoke with several people from the Borough regarding not receiving proper notice on the work that was being done on his property. He asked the Borough Clerk, the engineers and Police Chief to stop working on his street and he was denied. Mr. Elshiekh stated that he observed the rules in 2000 and the Borough did not obey their own rules in giving the homeowner proper notice in 2007. Mr. Elshiekh asked the Mayor and Council to put the residents and tax payers before special interest groups.

Mayor David responded by saying he always looks out for the interests of the residents of Kenilworth.

Frank Pugliese, 235 South 13th Street- Mr. Pugliese stated that the Mayor was arrogant in his response to Mr. Elshiekh.  Mayor David responded by stating that Mr. Elshiekh made an accusation against the Governing Body and he responded to that accusation by stating that his family has been in Kenilworth for over 100 years and have served the Borough of Kenilworth honorably, professionally and respectfully and the residents always come first.

ADJOURNMENT

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

8:40 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  

           



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