Council Minutes from 8/22/2007
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, AUGUST 22, 2007.  MAYOR GREGG DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:  Peter Corvelli, Lawrence Clementi, 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.

MINUTES

It was moved by Councilman Taylor, seconded by Councilman Clementi, and carried that the Work Session Meeting of July 10, 2007 and the Regular Meeting of July 11, 2007 and the Special Meeting of July 25 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 8/10/07 from Maria G. Baptista concerning a fall on the sidewalk at 504 Boulevard.

2.                  Letter from Central Jersey Road Runners Club requesting approval for t their 30th Annual Fall Classic 4 Mile Road Race on September 3, 2007.

3.                  Letter from Deborah Wood-Krawciw, 316 Lincoln Drive, requesting that Lincoln Drive be resurfaced.

4.                  Letter from Michelle Wyss, 543 Newark Avenue, requesting permission for a Block Party on Saturday, September 29, 2007.

5.                  Letter from Prevention Links requesting permission for the 2nd Annual Red Ribbon Day Parade on October 13, 2007.

6.                  Letter from Joseph Finistrella, 43 Epping Drive, requesting permission for a Block Party on September 29, 2007.

REPORTS

1.            Police Report for the month of July, 2007.

2.            Construction Department Report for the month of July, 2007.

3.            Borough Clerk’s Report for the month of July, 2007.

4.            Municipal Court Report for the months of June & July, 2007.

5.            Rahway Valley Sewerage Authority Meeting Minutes of June 21, 2007.

6.            Kenilworth Board of Education Meeting Minutes of April & May, 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.

 

Regular Council Meeting – August 22, 2007                                                                              Page 2

Mayor David stated the Borough has a position open on the Union County Air Traffic & Noise Advisory Board. He has tried to find someone to fill the position but has been unsuccessful. He stated that if anyone knows of anyone who would be interested in the position to please contact the Borough Clerk’s office.  Richard Amone previously sat on the Board for the Borough but he has resigned as he has moved out of Town.  Mayor David advised that Union County is having a POW/MIA Remembrance Day Ceremony on Friday, September 21, 2007 at 11:15 am at the Rotunda Main Floor at the Court House in Elizabeth.  This event is to take time to remember

and honor the personal sacrifices of all of our prisoners of war and military personnel missing in action. Mayor David stated he will be out of State on vacation from August 25, 2007 thru September 8, 2007.  Council President Taylor will be acting Mayor.

REPORT OF COMMITTEES

 

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported last month the Borough Audit Report for 2006 was presented to all the Council Members for review and we have signed certification that it was reviewed.  The Finance Office presented a Corrective Action Plan to correct areas of concern noted by the Auditors.  On the agenda tonight is a first reading for a budget amendment which results in a reduction of approximately 4 points to the tax rate that was initially proposed.  If adopted the adjustment to the tax rate will be incorporated into the final tax bill that goes out in October.  The second hearing will be September  12, 2007.

 

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported the DPW have been street sweeping, repairing and replacing street signs, tree maintenance, blacktop repair, curbside brush removal, cleaning sanitary sewer lines and cleaning the Boulevard business district. They have also been cleaning up Borough property, parks, paths and dead ends.  Additionally they have just finished painting the crosswalks and stop bars. They are currently working on repainting the yellow curbs. They have just received their sewer truck back from repair and it is back in service.  For the past two months Roselle Park has been covering Kenilworth in case of emergency.  Councilman Pugliese thanked Roselle Park.  The motor pump at the Lafayette Pump Station has been repaired and is now running at 100% efficiency.  The DPW has two old leaf collectors, one is approximately 23 years and the other is approximately 16 years old. They also have one that is relatively new.  Councilman Pugliese stated that if the one of the old leaf collectors breaks down then leaf collection will be delayed.  The DPW has requested a new leaf collecting machine. 

Mr. Ryan, the Superintendent for the DPW, is collecting specs and quotes for the restoration of the Borough’s gas and diesel tanks.  Once he collects the specs he will submit them to the Borough Engineer for review.  The contract with Rotondi and Sons for the pick up of type 23 pick up and disposal is about to expire.  Mr. Ryan is going to be working on the specs for the new contract. Rotondi is expensive but they are the only company in the area that does that type of pick up.  The DPW received a letter thanking them for doing a good job of maintaining and keeping 16th Street Park clean.

 

Regular Council Meeting – August 22, 2007                                                                              Page 3

 

 

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi read the July Police Report from Chief William Dowd.  There was a total of 32 hours of training during the month of July. The Police Department received two very generous donations. Schering Plough donated $15,000.00 for the purchase of emergency response equipment.  This was a result of on-going meetings that the police have had with Schering-Plough officials over the police departments response to their facility during an emergency.  Captain Scott Phillips was instrumental in obtaining this donation.  Mr. John Cancelliere of Von Rohr Equipment in East Orange donated a new silent running Honda generator to the department for use with the Police/OEM mobile command. Officer Wayne Fennes was instrumental in obtaining this donation.  Neri Corp. t/a L & J Body and Fender Works has been awarded the towing license for the Borough for the year starting June 1, 2007 until May 31, 2008.  The Borough received a check from FEMA for $4,700.55 for repairs to the Detective Bureau trailer, Police/OEM equipment usage and overtime costs associated with the April N’oreaster.  Last Thursday there was an armed robbery where a shot was fired during a struggle over money being taken from two victims.  The incident occurred on Mark Road just off North Michigan. The incident is being investigated.  Councilman Clementi also stated the Police received two letters of praise, one from the County Prosecutor praising Detective Giacalone and the other from resident Michelle Wyss. On Tuesday, September 11, 2007 there will be a memorial service in front of Borough Hall at 7:00 pm.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

 

Councilman DeLuca encouraged everyone to attend the Carnival that the Fire Department is sponsoring this week.  He also stated that there have been a lot of complaints from Kenilworth residents regarding flooding. He stated there are several factors for all the flooding and he has been in touch with our Borough Engineer. He stated that Kenilworth has a high water table. The Borough Engineer is researching the problem and will be making recommendations on how to fix the problems. This will be a costly endeavor and he encouraged everyone to maintain their sump pumps.  Councilman DeLuca asked the Mayor if the 2007 Roads were discussed last night at the work session. Mayor David stated that the council discussed the 2007 road project at the work session but they would have a more detailed discussion at the next Work Session.  Councilman DeLuca stated that time is of the essence and that if we have a bad winter they may not be able to start the project this year. 

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli stated that he is working on getting electrical service for DiMario Park. He stated he has been made aware of damages to the Recreation Bldg.  He believes the damage to the walls happed during Rec Night.  Scott Pentz will get a list of who was supervising and if damage continues, Rec Night may have to be cancelled.  The Recreation Committee is having a picnic on September 8, 2007 at Di Mario Park. The Fire Department has hired a part time secretary. 

Regular Council Meeting – August 22, 2007                                                                              Page 4

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that he attended the Library Board Meeting last Tuesday.  The Library has two employees who are about to go out on family medical leave and will be out of the Library at the same time.  The Library Board passed a series of resolutions to address the potential short fall in their employment force.  The Sanitarian from the Board of Health inspected the grease traps of all the restaurants in the area of 31st Street.  There has been an issue with grease found in the sanitary sewers.  One of the businesses that the Sanitarian inspected has been advised to keep a better logs. She does not believe there has been unusual dumping of  grease in the sanitary sewer.  It is not something she believes will require a full blown investigation.  She will continue to monitor the issue through her regular health inspections.  The Michael Vitale Health Fair is scheduled for Saturday, September 15, 2007.  This is a free event that is being held at Schering-Plough.  Any residents that are interested in taking advantage of the services may do so.

BILLS

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

 

CONSENT AGENDA

Resolutions No. 1 thru 17 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 DeLuca.  Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

                                                            CHANGE ORDER

                                                “2006 CURB IMPROVEMENT PROGRAM”

Be It Hereby Resolved:   That the Contract for “2006 Curb Improvement Program” awarded to Topline Construction Company, is hereby amended as per a Change Order to add the amount of $468. for additional curbing.  The Total contract amount will now be $68,148.00

RESOLUTION NO. 2

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

 

Regular Council Meeting – August 22, 2007                                                                              Page 5

RESOLUTION NO. 3

Be It Hereby Resolved:   That the Governing Body of the Borough of Kenilworth award the contract for Procurement of Natural Gas to PEPCO ENERGY SERVICES, 60 Kings Road, Chatham,  NJ based on the award of said bid by the Union County Cooperative Pricing System as follows:

                        Fixed price of $2.038/Decatherm

Contract to begin the first meter read date in September 2007 to the first meter read date in September 2009.           

BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 5:34-5.1 ET SEQ., local Public Contracts Law, the required Certification of Funds has been obtained from the Chief Financial Officer of the Borough of Kenilworth.

RESOLUTION NO. 4

WHEREAS, Joseph and Christine Sapienza are the owners of Block 150, lot 24, 682 Summit Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Joseph Sapienza qualifies as a 100% disabled veteran and is therefore exempt from paying taxes for 2007 on the aforementioned block and lot; and;

WHEREAS, First American Real Estate Tax Service has paid taxes on the aforementioned parcel erroneously;

NOW THEREFORE 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 warrants for refund as stated below.

Block                       Lot              Payable to:                                             Amount

           

             150                             24               First American Real Estate                    $1279.17

                                                                      Tax Service

                                                                    P.O. Box 961250

                                                                    Ft. Worth, TX   76161-9887

 

RESOLUTION NO. 5

Whereas, the Borough of Kenilworth held a Tax Sale on May 24, 2007 for delinquent 2006 taxes, and a tax lien was purchased by Crusader Lien Services on property located at 604 Newark Avenue and known as Block 119 Lot 10, in the Borough of Kenilworth, County of Union,

Regular Council Meeting – August 22, 2007                                                                              Page 6

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 #07-00012 by the collector of taxes.

Crusader Lien Services

179 Washington Lane

Jenkintown, PA   19046

Redemption Amount

$10,231.81

Premium

$14,700.00

                                               

RESOLUTION NO. 6

 

Whereas, the Borough of Kenilworth held a Tax Sale on May 24, 2007 for delinquent 2006 taxes, and a tax lien was purchased by Crusader Lien Services on property located at 310 Monroe Avenue and known as Block 24.03 Lot 26, 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 #07-00007 by the collector of taxes.

Crusader Lien Services

179 Washington Lane

Jenkintown, PA   19046

Redemption Amount

$10,585.38

Premium

$12,500.00

Regular Council Meeting – August 22, 2007                                                                              Page 6

 

 

RESOLUTION NO. 7

WHEREAS, a fee has been collected for removal of 1 air conditioner in the amount of $25.00 and,

WHEREAS, the permit has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to

draw a warrant in the amount of $25.00 payable to the order of:

                                   

A.     Petracca

52 South 21st Street

Kenilworth, NJ  07033

 

RESOLUTION NO. 8

Be It Hereby Resolved:   Whereas, the Municipal Court’s check book shows uncashed old checks.  These checks should be voided and the monies be turned over to the Borough of Kenilworth.

Now, Therefore, Be It Resolved that the Court Administrator be authorized to draw said warrants in the amount of $37.00 from the Court’s Special Bail Account and $27.00 from the Court’s General Account. 

RESOLUTION NO. 9

WHEREAS,  N.J.S.A. 40a:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, The Annual Report of Audit for the year 2006 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS,  The Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

WHEREAS, The Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”, and

WHEREAS, The members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and

Regular Council Meeting – August 22, 2007                                                                              Page 7

WHEREAS, Such resolution of certification shall be adopted by the Governing Body no later than fort-five days after the receipt of the Annual Audit, pursuant to N.J.S.C. 5:30-6.5; and

WHEREAS, All members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 – to wit:

R.S. 52:27BB-52 – A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services) under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED, That the GOVERNING BODY OF THE BOROUGH OF KENILWORTH, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON AUGUST 22, 2007.

RESOLUTION NO. 10

(Copy of  2006 Correction Action Plan Attached)

Be It Hereby Resolved:   That the 2006 Audit Corrective Action submitted by the Finance Officer of the Borough of Kenilworth as attached, be and the same is hereby approved; and

BE IT FURTHER RESOLVED that a certified copy of the 2006 Corrective Action Plan be sent to the Division of Local Government Services.

(Copy of  2006 Correction Action Plan Attached)

RESOLUTION NO. 11

WHEREAS, the New Jersey Transportation Trust Fund Authority Act has provided funds for the improvement of municipal projects through the New Jersey Department of Transportation; and

WHEREAS, the New Jersey Department of Transportation will accept applications for projects through its Division of Local Aid; and

Regular Council Meeting – August 22, 2007                                                                              Page 8

WHEREAS, the Borough of Kenilworth desires to apply for a grant for local aid funds for improvement of a municipal roadway called North 20th Street, from Sheridan Avenue to Kenilworth Boulevard; and

WHEREAS, the Borough Engineer has prepared the application for the grant for local aid for section of roadway called North 20th Street; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk are authorized to execute and attest the application and agreement for municipal aid to be submitted to the New Jersey Department of Transportation.

RESOLUTION NO. 12

Be It Hereby Resolved:   That Jennifer Prochaczek be employed as a Part Time Clerk for the Fire Department and Bureau of Fire Prevention at a rate of $10.00 per hour effective as of 8/23/07.

 

RESOLUTION NO. 13

Be It Hereby Resolved: 

                        That the Borough Clerk be authorized to issue the following Raffle Licenses:

           

                       

                        #906  Kenilworth Historical Society, Inc.  for an On-Premise 50/50 Raffle on September 23rd, November 15th, December 9th and December 16th.

RESOLUTION NO. 14

Be It Hereby Resolved:   That Kenilworth participate in the Union County Leaf Disposal Program for Year 2007 for disposal of leaves at their facility at a cost of $1.00 per yard.

RESOLUTION NO. 15

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

 

$5,643,595.33

               
                 

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  $1,206,000.00

 
                 

2.  That said emergency Temporary appropriation be provided for the 2007 budget

 

      under the title of:  Various line items.

       

ACCOUNT #

 

ACCOUNT NAME

 

FROM

 

TO

           

 

   

Salaries & Wages

             

701

 

Municipal Clerk

   

 $     80,000.00

 

 $   110,000.00

705

 

Financial Administration

 

 $     80,000.00

 

 $   110,000.00

710

 

Tax Assessor

   

 $     15,000.00

 

 $     20,000.00

725

 

Construction Code Official

 

 $     35,000.00

 

 $     45,000.00

726

 

Inspection Service Union

 

 $     20,000.00

 

 $     25,000.00

729

 

Fire Subcode Official

 

 $       7,000.00

 

 $       8,000.00

745

 

Police Department

 

 $ 1,500,000.00

 

 $2,000,000.00

749

 

Fire Department Volunteer

 

 $       5,000.00

 

 $       6,000.00

753

 

Fire Prevention Bureau

 

 $     25,000.00

 

 $     30,000.00

765

 

Streets & Roads

   

 $   400,000.00

 

 $   500,000.00

761

 

Senior Citizen Transportation

 

 $     10,000.00

 

 $     15,000.00

785

 

Board of Health

   

 $     40,000.00

 

 $     50,000.00

795

 

Recreation Services & Programs

 $       5,000.00

 

 $     10,000.00

833

 

Municipal Court

   

 $     85,000.00

 

 $   100,000.00

 

Other Expenses

               
 

712

 

Legal Services

   

 $     25,000.00

 

 $     30,000.00

 

715

 

Stormwater Regulation Plan

 

 $                -  

 

 $     10,000.00

 

725

 

Construction Official

 

 $       3,000.00

 

 $       4,000.00

 

733

 

Group Insurance

   

 $   750,000.00

 

 $1,000,000.00

 

749

 

Fire Department

   

 $   150,000.00

 

 $   190,000.00

 

770

 

Solid Waste Collection

 

 $     50,000.00

 

 $     75,000.00

 

772

 

Buildings & Grounds

 

 $     30,000.00

 

 $     40,000.00

 

773

 

Sewers

   

 $     10,000.00

 

 $     20,000.00

 

776

 

Shade Tree

   

 $       7,500.00

 

 $     10,000.00

 

762

 

Senior Citizen

   

 $       6,000.00

 

 $       6,500.00

 

795

 

Recreation

   

 $     15,000.00

 

 $     20,000.00

 

430

 

Utilities

   

 $   125,000.00

 

 $   200,000.00

 

821

 

Street Lighting

   

 $     50,000.00

 

 $     75,000.00

 

827

 

Garbage Disposal Fees

 

 $   150,000.00

 

 $   175,000.00

Regular Council Meeting – August 22, 2007                                                                           Page 10

RESOLUTION NO. 16

Be It Hereby Resolved:   That the contract for “Towing Services for the Borough of Kenilworth” be awarded to L&J Towing Services for a one year period from June 1, 2007 to May 31, 2008.

 

RESOLUTION NO. 17

Be It Hereby Resolved:   That Highland Resource Group, LLC, 41 Stone Mountain Lane, Marlton, NJ 08053, be awarded a contract for “HVAC Evaluation of the Municipal Building” as per proposal submitted at a cost not to exceed $8,900.00.

RESOLUTION NO. 18

Introduced by Kathi Fiamingo who also moved its adoption

Seconded by Lawrence Clementi

WHEREAS, the local municipal budget for the year 2007 was approved on the 14th day of March, 2007 and

WHEREAS, the public hearing on said budget has been held as advertised, and

WHEREAS, it is desired to amend said approved budget, now

THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Kenilworth, County of Union, that the following amendments to the approved budget of 2007 be made:

Hedy Lipke advised that the budget synopsis is on the back table and a full copy will be available in the Clerk’s office.  The hearing on the budget amendment will be held on September 12, 2007.

Upon roll call, Clementi, Corvelli, DeLuca, Taylor, Fiamingo & Pugliese voted yes.

Proposed Ordinance No. 2007-09 was read for the second reading as follows: (Copy appears in minutes of July 11, 2007)

                                                            2007-09

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE CODE OF THE BOROUGH OF KENILWORTH TO PROHIBIT GRAFFITI

Mayor David stated the Ordinance prohibits graffiti within the Borough.  Graffiti has become more commonplace not only in Kenilworth but also other communities and we need to implement some violations and penalties so that we have a way to deal with anyone who might be caught doing it.  This is step one in the process. There are a number of property owners who seem to leave the graffiti as is and do not clean up their property and we will also be modifying

Regular Council Meeting – August 22, 2007                                                                            Page 11

our property maintenance Ordinance to force people to remove the graffiti.  This implements the penalties and violations.   This is a second reading an anyone wishing to speak on this particular Ordinance, please step forward and state your name and address for the record.

Herb Michitsch,  Monmouth Avenue – Mr. Michitsch asked if there was a provision for juveniles. The Borough Attorney stated that in Section V & VI addresses complaints against juveniles.  

Livio Mancino – 102 North 24th Street – Mr. Mancino asked if the Ordinance applied to private property? Mayor David responded yes. Mayor David stated that there is graffiti along Michigan Avenue on a mailbox and on 2 different businesses and it has been that way for some time.  Mr. Mancino asked what is the amount of penalty for a person over 18 years of age or a first offender?  Mayor David responded that in Section 6 of the Ordinance that the person is subject to imprisonment not to exceed 90 days or to a fine not to exceed $1,000.00.

Seeing no one wishing to speak Mayor David closed the hearing on Ordinance  2007-09.

RESOLUTION NO. 19

Introduced by Anthony DeLuca who also moved its adoption

Seconded by Kathi Fiamingo and on roll call unanimously carried.

Be It Hereby Resolved:   That Proposed Ordinance No. 2007-09, be and the same is hereby passed on first reading and ordered published for final hearing on August 22, 2007.

                                                            ORDINANCE NO. 2007-10

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING CHAPTER 150 ENTITLED PROPERTY MAINTENANCE OF THE CODE OF THE BOROUGH OF KENILWORTH

Mayor David stated this is part two of the graffiti ordinance.  This allows the Borough to enforce property owners who have, unfortunately been the victims of graffiti and refuse to clean it up for whatever reason.  We will now have the ability to force them to clean it up or face penalties.  This is a first reading and anyone interested in speaking on this Ordinance can do so on September 12, 2007.  Copies of the Ordinance are in the back of the room or you can pick one up in the Clerks Office.

RESOLUTION NO. 20

Introduced by Anthony DeLuca who also moved its adoption

Seconded by Kathi Fiamingo and upon roll call unanimously carried.

Be It Hereby Resolved:   That Proposed Ordinance No. 2007-10, be and the same is hereby passed on first reading and ordered published for final hearing on September 12, 2007.

 

 

Regular Council Meeting – August 22, 2007                                                                  Page 12

 

GENERAL BUSINESS

Councilwoman Fiamingo stated the Centennial Committee is sponsoring a Freedom Run/Walk on September 16, 2007.   There are signs around Town as to where you can sign up and register in advance.  The cost is $5.00 for the 2K Walk and $17.00 for the 5K/Run before September 10, 2007. If you register after September 10, 2007 the cost is $20.00. This is a fund raising event for sending items to the troops in Iraq.  Councilwoman Fiamingo congratulated the Little League U-10 baseball team for winning their division. This is the first time U-10  has won the division since 1983.  Councilwoman Fiamingo sent her condolences to the Glynos and Wojecio families for there recent losses.

Mayor David advised the Centennial is having an ice cream social that is being sponsored by the Gospel Chapel.  The event will be September 9, 2007 in front of Borough Hall from 5:00 pm to 7:00 pm.  Mayor David invited the public to come out and enjoy some ice cream.

MEETING OPENED TO THE PUBLIC

Frank Pugliese, 235 North 13th Street – Mr. Pugliese asked the Mayor to explain to him what he meant when he said “builders are constructing massive structures on oversized lots”.  Mayor David replied that he was speaking about houses that are put on lots where the homes are too big for the existing lots.  Specifically he was addressing the duplex ordinance where people were building homes on 75’ x 100’ lots and they were in a Code R-1 or R-2.  They only had to have 5’ on each side of their yard and they had a 75’ lot, where they could put up a home that was 65’ wide on that property.  In the Mayors opinion that type of home was not aesthetically pleasing to the neighborhood. Mr. Pugliese asked if the lots were conforming? Mayor David replied yes, they were conforming at the time.   Mayor David stated that his comment was specific to duplex homes that had started to be erected within a certain area of the Borough which he did not agree was appropriate.  Mr. Pugliese asked if the Mayor would be against an undersized lot being built with massive construction? Mayor David stated that an undersized lot would not be a legal and he would be against anything being build there. Mr. Pugliese asked the Mayor if he was upset about 693 Fairfield Avenue which has a lot 50’ x 95’  and a house being built 63’ long with 16’ of frontage and 11’ in back. Mayor David stated if the lot he is referring to is the home being built near the tavern on Michigan Avenue then he does not believe it is an appropriate structure. Mayor David stated the Planning Board approved the structure. Mr. Pugliese asked if the Mayor oversees the Planning Board?  Mayor stated that he does not oversee or control the Planning Board, they are free people who can vote as they think appropriate.  If the Planning Board hears a case and the members vote on an issue and approve it, then the decision has been made.  Mr. Pugliese stated that when Mr. Rego was Mayor he appointed him to the Planning Board and he went to school for three months and he suggested the Planning Board go to school.  Mayor David responded by stating the current law requires Planning Board Members to go through the training and education within a set time of their appointment and if they are not in compliance they can be removed from the Board.  Mr. Pugliese stated that a Duplex Ordinance to abolish duplexes was passed on July 12, 2006 and the Mayor stated that it was in the best interest of the Borough.  In March, 2007 the Ordinance was rescinded. Mr. Pugliese said the Mayor stated that  rescinding the Duplex Ordinance was in

Regular Council Meeting – August 22, 2007                                                                  Page 13

the best interest of the people. He stated the Mayor could not have it both ways and he asked the Mayor what was in the best interest of the Town. Mayor David responded by saying  that, as Mr. Pugliese is well aware, the rescinding of that Ordinance was a result of litigation and it was in the best interest of the Borough, in terms of saving tax dollars. Mr. Pugliese stated he paid $4,000.00 to prove the Mayor was wrong. Mayor David said that was Mr. Pugliese’s perspective.

Joanne Dillon, 308 Faitoute Avenue – Ms. Dillon stated she was upset over the building on Fairfield Avenue. She was glad to hear the Mayor state it was not being in character with the Borough. She stated it is huge and ugly and asked why the Planning Board approved such a monstrosity. Mayor David responded that he did not sit on that particular case and he does not know why they approved it. Mayor David advised Ms. Dillon that she could go to the next Planning Board Meeting and address the Planning Board.  Mayor David advised her that all the information she would need regarding the Planning Board is on the internet and he also advised the next meeting of the Planning Board is tomorrow night in the court room. She asked the Mayor if the building was in compliance? The Mayor stated the property received a variance to be constructed and no it was not in compliance with the existing code but through the variance they have permission to put up that structure.  She asked if there was anything that could be done. The Mayor suggested the Planning Board attorney would be able to give guidance.  Ms. Dillion stated she came to a Council Meeting in June because of an article in the Star Ledger regarding the re-activation of the train. Ms. Dillon stated she came to the June council meeting and  you were on vacation and  acting Mayor Taylor stated that the Council was going to discuss the re-activation of the train at  their next work shop. Mayor David responded that from his knowledge there was no decisions made as to what recourse the Borough has at this point in regard to the re-activation of the train.  Ms. Dillon suggested to the Council that they get in touch with Mayor Delorio from Roselle Park, who is very active in stopping the re-activation of the Train.  She asked what is Kenilworth going to do about the reactivation?  Mayor David stated that all the members of the Governing Body feel the same way she does.  He also stated the Borough joined with other communities to try and stop the train through litigation. They took it to the highest level and they lost at every step.  The Mayor stated he will discuss it at the next work session with the Borough Attorney. Ms. Dillon asked if the Governing Body would be willing to write letters to the Governor or Senator Lesniak or Cryan telling them that funds are not to be made available. She said the State will be looking for funds for the deterioration  of various bridges due to the disastrous bridge collapse in Minnesota.  Ms. Dillon asked the Mayor to contact the various legislators to ask them to stop the train.  She asked the Mayor and Council to pass a Resolution and send it to the various legislators and Department of Transportation and ask them not to make funds available for the railroad. She asked to be informed when a decision has been made regarding the train re-activation.     

Livio Mancino, 121 North 24th St. – Mr. Mancino stated that if Mr. Pugliese has  complaint about a property being built he should go to the Planning Board Meeting and not vent at the Governing Body.  He stated the people on the Planning Board are upset about the coverage on the properties and they would like to amend the Ordinance to state that there could be no more than 60% coverage because you need percolation on the property.  Mr. Mancino asked if there has been a town meeting scheduled for the public safety building. Mayor David responded by stating the Governing Body has been looking into getting a Traffic Study and a Planning Study for the proposed adult community on Michigan Avenue.  Unfortunately that development has not moved along as quickly as we would have liked.  Last night the Council had hoped to get the

Regular Council Meeting – August 22, 2007                                                                  Page 14

contracts signed so that the professionals could go out and do their reports and then we would have something a little more concrete to work with.  The contracts were not signed and since I am going on vacation for two weeks it will be at least a couple of weeks before we can move forward. Mr. Mancino asked Councilwoman Fiamingo if the Borough is going to drop four tax points, they are going from what to what? Councilwoman Fiamingo stated she did not have the actual rates but the increase was reduced by 4 points.  He asked if that was from funds from the State?  She responded by stating less then a point.  He asked if the rest was surplus? Councilwoman Fiamingo stated the rest are adjustments. Mr. Mancino asked Councilman Pugliese if we have the new sweeper? Councilman Pugliese stated yes we have a new sweeper. He asked  Councilman Pugliese if the Town can have alternate side of the street parking so the sweeper can do its  job?  Councilman Pugliese stated that he asked Mr. Ryan if this could be done and Mr. Ryan advised that alternate side of the street parking is not feasible due to rainy days. Councilman Pugliese asked Mr. Mancino what Town has alternate side parking and Mr. Mancino replied Dunellen. Mr. Mancino asked Councilman Taylor if there was a cost to the Town for awarding the towing contract to L&J?  Councilman Clementi replied it is a bidding process and they were the only ones who bid.  He asked if the Town gets anything? Councilman Clementi replied there is a fee schedule of their charges and they issued a check to the Borough for $375.00 for the licnese.  Mr. Mancino stated Robert Beiner represents the community on Transportation and he chairs the UC Planning Board and they have made it very clear that Kenilworth is not for the reactivation of the train. 

Mayor David recused himself to attend a wake.  He handed the meeting over to Councilman Taylor. 

Frank Pugliese, 237 North 13th St. – Mr. Pugliese asked Councilman Corvelli how he feels about the house on Fairfield. Councilman Corvelli stated he does not think the house fits well in the Town.

Fred Soos, 18 Epping Drive – Mr. Soos mentioned that Mrs. Glynos  was an asset to the Borough of Kenilworth and the article in the Star Ledger did not do her justice.  She worked endlessly on getting Brearley school reopened. Mr. Soos stated that last year before he left Council he asked the Borough to look into establishing a sewer utility.  He stated that RVSA is going to have a huge increase next year. Councilwoman Fiamingo stated it is being reviewed and they have retained an engineer who had set up that system in Clark.  He is reviewing the current water billings for all the residents to come up with a plan that is equitable and fair to all the residents so that we can hopefully implement it next year.

ADJOURNMENT

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

9:00 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  



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