REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 13, 2008. MAYOR KATHI FIAMINGO PRESIDED.
Roll Call at 8:00 P.M. showed the following Council Members present: Salvatore Candarella, Larry Clementi, Brian Joho, Fred Pugliese and Toni Sosnosky. Councilman DeLuca was absent.
Mayor Fiamingo read the requirements of the Open Public Meetings Act.
The Salute to the Flag was led by Mayor Fiamingo
It was moved by Councilman Joho, seconded by Councilman Candarella, and carried that the minutes of the Work Session Meeting of February 26, 2008 and the Regular Meeting of February 27, 2008 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)
COMMUNICATIONS AND PETITIONS
1. Letter from Planning Board Attorney Thomas Vitale informing that the Planning Board reviewed Ordinance No. 2008-02 (Building Height) and recommends adoption of the Ordinance as drafted by the Governing Body.
2. Letter from the Kenilworth Little League inviting the Mayor and Council to attend their Opening Day Parade and Ceremony on Saturday, April 5th starting at 1 P.M.
3. Letter from Michael Klein, 218 North 12th Street, enclosing an updated letter from expert William Conrad regarding the Union Township Police Pistol Range.
4. Letter from Terry R. Zuckerman, Retz Associates, again asking the Borough to install sidewalk pavers along the south side of the Boulevard between South 20th and South 21st Street.
5. Letter from Terry R. Zuckerman, Esq., 530 Boulevard, complaining about the Hours of Operation of the Kenilworth Post Office as they are not “business friendly”.
6. Copy of a letter from Mayor Fiamingo to Frank Bradley, Union Township Administrator, concerning the Union Township Police Pistol Range, requesting a copy of the report referenced in his letter and also documentation as to the upgrade installed at the range.
1. Municipal Court Report for the month of February, 2008.
2. Police Department Report for the month of February, 2008.
3. Construction Department Report for the month of February, 2008.
4. Borough Clerk’s Report for the month of February, 2008.
5. Kenilworth Board of Education Meeting Minutes of December, 2007 and January, 2008.
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REPORT OF COMMITTEES
Mayor Fiamingo reported on Monday she attended a Silver Card Association Dinner at the Garlic Rose. It was a very nice affair and they honored former mayor Gregg David and Gene Gillespie from the Blackthorn Restaurant.
The Mayor stated she attended the Kenilworth Gateway Chamber of Commerce this morning. Chief Dowd spoke about identity theft and Officer Grady spoke about the School Resource Officer position he holds at the high school.
The Mayor advised that Kenilworth stands to lose in excess of $371,000.00 in State Aid with the Governors proposed budget. She said this not a good situation for our Town. The Governor is suggesting that since we have less than 10,000 residents we are not cost efficient. She added that if the Governor looked at our books and records he would find that this is not the case for Kenilworth. She stated Kenilworth will persevere, the alternative is to become part of another municipality. She does not believe the residents would like to see that happen but she stated the Governing Body might ask them if they would like to do that.
The Mayor reported that it was the Council’s decision not to proceed with the Sewer Utility for Kenilworth. It was determined, after reviewing the proposal, that the cost savings to the residents was marginal at best and was not a good idea for Kenilworth at this time.
DEPARTMENT OF FINANCE
Councilman Joho reported the Finance Committee met on March 4th with the Finance Officer and Auditor to discuss the state of the Borough’s finances after the completion of the audit. After the first review the Borough was $190,000.00 over the State mandated spending cap. The Finance Committee met again on March 11th to review the budget line items and they requested several Department Heads to provide revised budgets. They are sending out a memo tomorrow asking departments to take a mandatory 10% cut to their 2008 proposed budgets. There are significant changes in the state aid based on Governor Corzine’s proposed State Budget. There are significant increases in costs for 2008. Some examples are, loss of State Aid for $371,209.00, an expected loss of Extraordinary Aid for $75,000.00, a pension increase of $252,543.00, group insurance increase $108,367.00, police salary increase of $183,473.00, Rahway Valley Sewerage Authority $165,340.00. The total change from 2007 is $1,155,932.00. These are the reasons we are asking departments to review and cut their budgets. We are in the process of submitting our revised budget numbers to our auditor and we intend to present the budget to Mayor and Council at our next work session on March 25th.
DEPARTMENT OF PUBLIC WORKS
Councilwoman Sosnosky reported that all the storm drains (catch basins) have been cleaned. As weather permits, any re-stenciling that needs to be done will be done. The sidewalks along side of the Department of Public Works, on the 14th Street side, have been repaired. The DPW crew have been filling potholes as of March 6th and, as weather permits, will continue that effort.
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DEPARTMENT OF PUBLIC SAFETY
Councilman Pugliese reported that the Police Department provides fingerprinting services for fire arm permits, real estate license exams, ABC licensing and accountant e-filing. The Chief of Police is recommending that we increase our fees for fingerprinting. He stated our current Ordinance only allows for a fee of $5.00 and that is only if you are applying for a fire arms license. The Council agreed to re-draft a revision of the Ordinance for an increase to $25.00 for all licensing. The Borough Attorney is working to draft a new Ordinance. The Borough is providing a battery back-up and a delayed green at the intersection of 14th Street and Monroe Avenue. There was an issue as to whether or not the Borough Engineer would design the plans for the battery backup and the delayed green. It was previously thought the Town could save approximately $1200 if our own engineer did it. It was discovered that it would have cost us more to have our Borough Engineer do it so we have left it to the designer of the system to design the plans because it would be more cost efficient. Councilman Pugliese reported the Kenilworth Police Officers are strictly enforcing the cell phone ban.
DEPARTMENT OF PLANNING, ZONING & ORDINANCES
Councilman Candarella stated he received two proposals and is waiting for a third for the new Master Plan. They need to be reviewed to make sure everyone is on the same page before they proceed and he will report their findings at the next meeting. He stated he met with the Construction Officers, Jerry, Bob and Dave and everything is going well. There was an article in the Union Leader last week about the Handyman Program and since that article, he has received six more applications. The Planning Board is going to be reviewing and comparing the escrow fees to other towns. He stated there is a second reading tonight on a height variance and he is totally in favor of what Mr. O’Connor has provided. The Ordinance allows a builder to build a 2 ½ story dwelling and give the new homeowner what they are looking for in a new house. He said he is in favor of this Ordinance.
DEPARTMENT OF RECREATION AND FIRE
Councilman Clementi read Fire Chief Giordino’s February Report. The Fire Department responded to 34 fire calls, traveled 106 miles, utilized 380 man hours. They utilized 280 man hours for training, drills and work details. The Rescue Squad responded to 75 EMS calls, traveled 819 miles, utilizing 320 man hours. Additionally the Rescue Squad utilized 135 man hours for training drills and work details. The Grand total man hours 1, 115 for the month of February. Councilman Clementi stated he has a Recreation meeting tomorrow evening and he will report on Recreation at the next meeting. He congratulated the Brearley Wrestling team, they had a great year. He especially congratulated Jesse Boyden who won the State Championship at 215 lbs. Joe Lospinosa finished 4th. He reported that this Saturday is the Easter Egg Hunt, 10 a.m. at Black Brook Park.
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DEPARTMENT OF HEALTH, EDUCATION & WELFARE
Councilman DeLuca stated the Library is sponsoring a Blood Drive on March 25, 2008 from 3 pm to 8 pm at the Kenilworth Library. A $15.00 gas card will be given to all donators. Appointments can be scheduled by calling 1-800-652-5663 or www.bloodnj.org . On March 31st
the Library is going to present Part One of its four documentary series. This is a free program and pre-registration is required with Kenilworth residents given first preference. If you want to
register call 276-2451 or go onto the Kenilworth Library Web Site. On April 2nd, best selling author and home-town boy, Tom Perrotta will be reading an excerpt from his book “Little Children”. Pre-registration is definitely required as there was a large crowd at the last reading. The event is being held at the Senior Citizen Center. Bard on the Boulevard is being presented at the end of April. This is a traveling troupe that reads from Shakespeare and the event will be held at the Library. He stated the Board of Health meeting is at the end of the month and March 17th is a meeting with the Board of Education. He encouraged everyone to vote in the School Board Election and make their voice known.
Consolidated Bill List appears on the following pages. (copy attached)
Resolutions No. 1 thru 9 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 DeLuca. 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 N0. 2
Be It Hereby Resolved: That the contract for “HVAC MAINTENANCE AT THE KENILWORTH SENIOR CITIZEN BUILDING” be awarded to Colonia Refrigeration & Air Conditioning, Inc., 733 Grove St., Rahway, NJ, for a one year period at a cost of $1,275.00 per year.
RESOLUTION NO. 3
Be It Hereby Resolved: That the contract for “HVAC MAINTENANCE AT THE KENILWORTH BOROUGH HALL” be awarded to Colonia Refrigeration & Air Conditioning, Inc., 733 Grove St., Rahway, NJ, for a one year period at a cost of $1,050.00 per year.
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RESOLUTION NO. 4
Be It Hereby Resolved: That the Borough Clerk be authorized to issue the following Raffle Licenses:
#918 PTA Cranford High School for an On-Premise Merchandise Raffle on April 12, 2008 at Kenilworth Veteran’ Center, 33 South 21st St., Kenilworth
#919 PTA Cranford High School for an On-Premise 50/50 Raffle on April 12, 2008 at Kenilworth Veteran’ Center, 33 South 21st St., Kenilworth
#920 Jaycees Westfield for an On-Premise 50/50 Raffle on May 10, 2008 at the Kenilworth VFW Post 2230, 33 South 21st St., Kenilworth
#921 Jaycees Westfield for an Off-Premise Merchandise Raffle on May 10, 2008 at the Kenilworth VFW Post 2230, 33 South 21st St., Kenilworth
RESOLUTION NO. 5
RESOLUTION NO. 6
WHEREAS, it shall become necessary to expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and
WHEREAS, there is an excess in one or more appropriations over and above the amount deemed necessary to fulfill the purpose of such appropriation, and
WHEREAS, N.J.S. 40A:4-58 provides for the transfer of such amounts deemed in excess to appropriation for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and
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WHEREAS, the transfers about to be authorized do not affect any appropriations to which or from transfers are prohibited under statute,
NOW, THEREFORE BE IT RESOLVED that the following be approved and the Chief Financial Officer is hereby authorized to make the following transfers in the 2007 Municipal Budget:
730 Other Insurance $ 2,800.00
733 Group Insurance $ 1,500.00
745 Police $ 2,000.00
749 Fire . $ 6,500.00
715 Engineer $ 500.00
Sub-Total $ 13,300.00
TOTAL $ 13,300.00
707 Audit Fees $ 12,800.00
Salary & Wages:
712 Legal Services $ 500.00
Sub-Total $ 13,300.00
TOTAL $ 13,300.00
RESOLUTION NO. 7
RESOLUTION OPPOSING THE FAILURE OF THE GOVERNOR’S PROPOSED STATE BUDGET FOR THE 2008-2009 FISCAL YEAR TO TREAT PROPERTY TAX RELIEF AS OUR PRIORITY
WHEREAS, on February 26, 2008, in Trenton, Governor Jon S. Corzine presented his FY 2009 Budget proposal to a Joint Session of the State Legislature, which proposal now goes to the Legislature, which must pass a balanced budget by the start of the State’s next Fiscal Year, which begins on July 1; and
WHEREAS, the proposal, which represents what the Governor called “many unpleasant choices,” calls for the elimination of two Departments of State Government (the Departments of Agriculture and Personnel) and the State Commerce Commission, and asks all other Departments to absorb funding cuts, and further calls for sacrifice in a number of other areas, including direct property tax relief, hospital aid, higher education assistance and Medicaid, with the inordinately deep cuts in municipal property tax relief funding; and
WHEREAS, one year after the historic Special Session for Property Tax Reform, which purportedly eliminated the need for a Citizen’s Convention, our property taxpayers will once again be asked for patience, and they will be asked to shoulder more than their fair share of the funding burden; and
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WHEREAS, local officials have done so much with so little for so long, that State Budget-makers now believe some can do everything with absolutely nothing; and
WHEREAS, municipal property tax relief will be slashed by $189.6 million; and
WHEREAS, for municipalities with a population of less than 5,000, there will be no CMPTRA funding this year; for municipalities with a population total between 5,000 and 10,000, this relief will be limited to one-half the amount received in the State’s 2006-2007 budget; and the $32.6 million distributed according to the CMPTRA formula, which municipalities received last year as a 2008 Municipal Property Tax Assistance, is gone; and
WHEREAS, all municipalities will receive level Energy Tax Receipts Property Tax Relief funding, despite State Law that “requires” annual inflationary adjustments of this (and CMPTRA) funding; and
WHEREAS, last year, municipal efficiency was promoted to the tune of $34.8 million, but in this proposal, this funding has been eliminated; and
WHEREAS, last year’s $32 million in Municipal Homeland Security Funding is gone, Special Municipal Aid funding is cut from $153 million to $145.4 – a loss of $7.6 million, Extraordinary Aid funding is reduced by $1.7 million – from $34 million to $32.2 million and the $8 million Regional Efficiency Aid Program will not be funded; and
WHEREAS, beyond these cuts, certain municipalities served by the State Police will be asked to contribute $20 million to the State’s General Fund, and Homestead Rebates for Homeowners will be cut by $257 million, and for Renters by $124 million; and
WHEREAS, despite having one of the lowest taxed municipalities in the entire County of Union, the Borough of Kenilworth’s State Aid is being cut by more than $371,000.00 representing an increase of more than four (4) tax points to the taxpayers of the Borough; and
WHEREAS, the cuts in State Aid to municipalities of less than 10,000 residents is being made without regard to, and without taking into consideration, the cost efficiencies of such municipalities; and
WHEREAS, the assumed “economy of scale” which is anticipated by forcing smaller municipalities to consolidate with larger less cost-efficient neighbors is based upon the false premise that “Bigger is Better” and
WHEREAS, the Mayor and Council of the Borough of Kenilworth vehemently objects to the heavy handed manner in which the State Budget will impact their constituents; and
NOW THEREFORE, BE IT RESOLVED that the governing body of the Borough of Kenilworth calls on its elected representatives in Trenton, Senator Lesniak and Assembly members Neil Cohen and Joseph Cryan, to work with their colleagues in the Legislature and with the Governor to take affirmative action to restore program funding sufficient to honor state statutes and their stated commitment to the cause of property tax relief in all New Jersey municipalities; and
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BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Jon S. Corzine, Acting State Treasure R. David Rousseau, Senate President Richard J. Codey, Senate Minority Leader Alex DeCroce, the Chairs and Members of the Senate and Assembly Budget and Appropriations Committees, our own Senator Lesniak and Assembly members Neil Cohen and Joseph Cryan and to the New Jersey State League of Municipalities.
RESOLUTION NO. 8
BOROUGH OF KENILWORTH
COUNTY OF UNION
STATE OF NEW JERSEY
RESOLUTION AMENDING RESOLUTION NO. 3
AS ADOPTED ON FEBRUARY 27 2008
WHEREAS, resolution no. 3 was adopted on February 27, 2008, authorized the purchase, by assignment, of a Tax Sale Certificate to Juztino Construction, LLC, for $22,462.28, on March 3, 2008; and
WHEREAS, Juztino Construction, LLC failed to appear on March 3, 2008 thereby incurring additional interest on the Certificate when payment was tendered on March 7, 2008, in the amount of $22,476.10; and
WHEREAS, the original Tax Sale Certificate cannot be located, requiring that it be replaced to effectuate the assignment
NOW, THEREFORE, BE IT RESOLVED on this 12th day of March, 2008 that the Municipality of Kenilworth hereby authorizes the Sale of the Tax Certificate for $22,476.10 as accepted by the Tax Collector on March 7, 2008 and the prior resolution is so amended; and
BE IT FURTHER RESOLVED, that the Borough is authorized to issue a replacement Tax Sales Certificate for assignment to Juztino Construction, LLC. .
RESOLUTION NO. 9
WHEREAS, Overlook Hospital’s Auxiliary established an Organ and Tissue Donor Awareness Committee in May 1995 whose goal is to make the public aware of organ and tissue donor needs and programs, and
WHEREAS, in the United States there are almost 98,000 people waiting for organs (liver, heart, kidney, lungs, pancreas) almost 3,000 of whom are from New Jersey, and
WHEREAS, approximately 18 people die daily waiting for organs – the Gift of Life, and
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WHEREAS, those needing tissues (bones, ligaments, heart valves, corneas, skin) are waiting to improve their quality of life,
NOW THEREFORE I, Kathi Fiamingo, Mayor of the Borough of Kenilworth, New Jersey hereby proclaim the month of April 2008 as
DONATE LIFE MONTH
in the Borough of Kenilworth, New Jersey and encourage the citizens of the Borough of the Borough of Kenilworth to become DONORS THROUGH THEIR DRIVER LICENSE OR LIVING WILL. Citizens are asked to share this decision with their families because it becomes a legal document.
IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the Borough of Kenilworth, New Jersey to be affixed this 12 day of March in the year of our Lord, two thousand eight.
Proposed Ordinance No. 2008-02 was read for the second and final reading as follows: (Copy appears in minutes of February 13, 2008)
AN ORDINANCE AMENDING KENILWORTH CODE – ZONING CHAPTER 197, ARTICLE III, SUBSECTION 197-21
Mayor Fiamingo stated this is a second reading on an Ordinance that increases the building height in a residential district from 30 ft. to 35 ft. It changes the definition of how that height is measured. This was a suggestion made by the Borough Engineer and was initially adopted in
February by the Council. The Mayor said if anyone wishes to speak on this Ordinance to please step forward, state your name and address for the record.
Livio Mancino – 102 North 24th St. – Mr. Mancino asked why the Borough Engineer recommended the building height? He stated that most homes in Kenilworth have peaked roofs and if this code is adopted, they would have to be built with flat roofs. He said there are very few that are over the 30 ft. limit that would be in violation.
Mayor Fiamingo asked Mr. O’Connor to address Mr. Mancino’s question. Mr. O’Connor stated he was asked to look at the Ordinance by the Mayor and Council. He made a determination based on building codes for typical 2 ½ story house that had a basement. Using standard construction practices to determine what that height level would be. The basement would need to have an opening to the air and have to be approximately 2 ft. from grade to the bottom of the floor structure, assuming the floor structure of approximately 1 ft. and a ceiling clearance of approximately 8 ½ ft to 9 ft. So by the time you got up to 2 ½ stories you were looking at approximately 33-34 ft., using standard construction practices. That was not accounting for any grading along the property to provide for proper drainage of the foundation. He stated he is familiar with other towns where the standard is 35 ft. and it appears to work well. In his opinion, you could not have a 2 ½ story structure on a basement built from scratch under current building
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codes and comply with the 30 ft. standard. He stated he knows of at least 2 or 3 people who came into Borough Hall in early January that were struggling with the concept of 30 ft. and were
planning on making Planning Board Applications to try to accommodate what was a modest home. He believes there is a distinct possibility that there is a significant number that are approaching that 35 ft.. He said the typical new home to be constructed will easily exceed a 30 ft. standard and would trigger a parade of people coming to the Zoning Board. He developed a sketch, submitted it to the Mayor and Council for their review and it was also discussed at the Planning Board work shop and work session. In order to construct a home under current building codes 35 ft. was a much better standard than the 30 ft. that exists.
Mr. Mancino stated that the Mayor promised when she was running for office that she would let the people know about things. He said to change this Ordinance within four weeks seems strange. He said Kenilworth is a cape cod community and there are 21 houses in town that exceed 30 ft.. He said that it should have been noted in the Ordinance that these houses should only be built on 50 ft. lots. He stated some other towns are bringing their ordinances down from 35 ft. because the higher the building the more it effects the neighbors. He said we don’t want to be known as Kenilworth towers. He said 75-80% of the homes in Kenilworth are cape cods and he would like it to stay that way. He stated a person could build 3 ten foot story homes and then a 5 ft. peak and that is a humongous building. There are many homes built on smaller lots than 50 ft. He stated the Ordinance does not include livable space, there is no restriction. He stated Union’s height is 32 ft. He asked if anyone has contacted other towns for their height limits. He stated if you put a 35 ft. house next to a 25, 26 or 27 ft. house it looks like a tower. He said he does not think there was enough thought given to this matter and the question should have been put to the public. He said most towns do three or four months of study before adopting an Ordinance like this because once it is passed it is forever imposed on the community. He commended the Mayor for taping the meetings. He urged the Council to reconsider this Ordinance.
Herb Michitsch, 725 Monmouth Ave. Mr. Michitsch urged the Council to reconsider this Ordinance. He stated he was on the Planning Board for the last four years and he does not remember one Application that came before him requesting the height to be changed. Applications came before the board and the builders pushed the envelope. Even though the
height was 30 ft., they chose to go a little higher. The Planning Board had enough sense to hold them to the 30 ft. The way it is changing is that a roof can be as high as 40-45 ft., depending on the height of the house. If the house sits 10 ft. or 7 ft. above the street line the way the engineers are proposing, is to measure the height from the foundation. He said then when you have 35 ft., you are up to 40 ft. He stated to Mayor Fiamingo that on her platform she said she was maintaining the character of Kenilworth with well planned developments. He does not consider this Ordinance well planned. He said this is a small community and 2 ½ stories is not what Kenilworth is about. People have complained about the Mc Mansions. There was a complaint when he was on the Planning Board about the building that was put up on Lafayette because it was to high and out of character and that is what you are going to find with these 2 ½ stories. He urged the Council to reconsider this Ordinance.
Rudy Cammorata, 1 Red Maple Lane – Mr. Cammorata stated he lived in Kenilworth his whole life. He saw most of the homes being built. He said what people are referring to as Kenilworth being a cape-cod town is no longer the truth because it is progressing like any other town. He stated that what the speaker before him did not mention was that the Ordinance in 1993 was
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already 35 ft. permitted height. He said in his opinion when the Ordinance was lowered it was politically lowered and not for the benefit of the community. By staying with the height of less than 35 ft. causes most of the people in Kenilworth a lot of problems. What they did not explain
was that when you want to expand their home, and most people want to expand because they cannot afford new homes, they have to get a Board of Adjustment variance, which is $1,000.00. He said it does not conform with most of the houses in Kenilworth. There a lot of colonials in Kenilworth that are 70-80 years old and they are probably 37 ft. up to the peak. He said that 35 ft. , as the engineer said, certainly conforms with the town. He said that as far as comparing Kenilworth with other towns, he would never do that because Kenilworth has no comparison because it is unique unto itself and that’s the way we should keep. He stated to the Mayor and Council that he is for the Ordinance.
Bob Beiner, 36 South 24th St. – Mr. Beiner stated he does not know anything about building houses but he mentioned that this past Sunday there was an article in the Star Ledger regarding Westfield and their housing situation. They have had some concerns about Mc Mansions. They just came out with a 40 page report which took 16 months and they had people from the Planning Boards researching and they decided to drop their height to 32 ft. They did not go into this lightly, they put a lot of research into it. He said that going from 30 ft. to 35 ft. is pretty significant and he said that we should put more research into passing this Ordinance. He said he has a two floor cape cod and this ordinance means he can put another floor on his house. He said this would change the character of Kenilworth if all cape cod houses decided to put on a third floor. He stated he is against this Ordinance.
Frank Pugliese, 235 North 13th St. – Mr. Pugliese said the same people that complain about the 35 ft. high house are the same people that did not like the duplex.
Hany Elshiekh – Via Vitale – Mr. Elshiekh stated that two years ago he came in front of the Planning Board to get a variance to start a two-family house. He was granted the variance and started to work on the house and the biggest challenge to him was to keep 30 ft. height. To keep a 30 ft. height for a three story, two family is near impossible. He did it and he was warned from the previous Governing Body, to be careful not to exceed the height. When the house was being framed, they came three times to check the height. He had to lower the roof pitch to 2 ½ ft. which is very dangerous. Another big issue when you do a three story 30 ft. high is safety. With a 2 ½ ft. pitch on roof when you have a few snow storms back to back everything on the
roof becomes heavy and the roof becomes a safety issue for people living in this house. Also if you go with 30 ft. height and try to do a mechanical in the attic, it is impossible because there is no room. This means you have to put your furnace and air conditioner in hallways where it makes an annoying noise for people who live in the apartment. Another big issue is that when you construct three story there is no way the first floor can be 8 ft. in height, it is impossible. If you do the math it does not add up to 30 ft., it is way over and you have to reduce to 7 ft. When you do 7 ft. it becomes a safety issue. The heights in Kenilworth used to be higher than 35 ft. and with this Ordinance it is very reasonable. He said in response to the previous speaker who referenced that if you have a house already elevated 10 ft. high from the street, we are not Mountainside and do not have this issue in Kenilworth because most of the town is flat land. He said he thinks Kenilworth is going back in the right direction to make it easy for people to build their homes without the sheriff or the Governing Body watching the height and making people cut the roof which cause the people financial damage as well as emotionally damage and most importantly safety. As a builder I am very concerned about safety.
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Robert Herbert, 363 Coolidge Drive – Mr. Herbert said he said he thinks the Mayor and Council are going in the right direction with raising the height to 35 ft. because we are showing the strength of our town by going forward with the times. We do not want to stay back in the 30’s
and 40’s and 50’s, we want to be modern. He said people want to come to Kenilworth and they want a certain style houses that have high ceilings in order to keep up with the times. He said Mc Mansions bring a lot more tax revenue to the town than cape cods do. He said that with the way our state officials run their budget, it gets costly for a town like our size to run efficient. He stated he supports the 35 ft. for the purpose of times and also it generates more revenue so that we can keep up with our governments personal demands.
Robert Porter, 50 North 9th Street – Mr. Porter stated that it makes good common sense to go back to the existing standard of 35 ft. It makes it a lot easier for builders to come into the town and use the standard that is used in other towns.
Mayor Fiamingo asked if anyone else wished to speak on this Ordinance. Seeing no one, she closed the hearing on Ordinance 2008-02.
RESOLUTION NO. 10
Introduced by Sal Candarella, adoption by same
Seconded by Toni Sosnosky
Be It Hereby Resolved: That Proposed Ordinance No. 2008-02 be and the same is hereby passed on second and final reading and ordered published according to law.
Roll Call Vote: Candarella voted yes, Clementi voted no, DeLuca voted no, Joho voted yes, Pugliese voted yes and Sosnosky voted yes. Four in favor, two opposed.
Proposed Ordinance No. 2008-05 was read for the first reading as follows: (Copy attached)
AN ORDINANCE TO ADD SECTION 190-3.1 ENTITLED “POLICE VEHICLE ACCESS ZONE” TO THE CODE OF THE BOROUGH OF KENILWORTH
Mayor Fiamingo stated this is the first reading on an Ordinance to make the curb along side the Municipal Building for police access and handicapped drop off zone only. This was recommended by the Chief of Police. There are copies of the Ordinance on the back table and they will be in the clerks office. The second reading will be held on April 9, 2008 and anyone wishing to speak on this Ordinance may do so at that time. Copies of the Ordinance are in the back of the room and are also available at the Clerk’s Office.
RESOLUTION NO. 11
Introduced by Fred Pugliese, adoption by same
Be It Hereby Resolved: That Proposed Ordinance No. 2008-05 be and the same is hereby passed on first reading and ordered published for final hearing on April 9, 2008.
Seconded by Toni Sosnosky and on roll call vote passed unanimously.
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Mayor Fiamingo announced the Rotary Club will have a Casino Night on May 9th. They are currently soliciting for donations for the tricky tray. The Little League Parade will be held on April 5, 2008 at 1:00. The Parade starts off at St. Theresa’s Parking Lot and afterward they have their Opening Day Ceremony. The Council has a joint meeting with the Board of Education on March 17, 2008 at 7:30. The election is not until the middle of April but people should get out and vote. Their budget is a lot larger than ours and you should know what it is we are voting on. She also mentioned that at the Work Session the council discussed requests for qualifications for architects for the public safety building. The first step in the process is to get some architects qualifications so that we can discuss the next step which is having public hearings on proposals on what to do for the public safety building and hopefully preserve the grant money that is available to the municipality for this project. Mayor Fiamingo also added her congratulations to Jesse Boyden. She stated the last time we had a state champion in that weight class was Tony Siragusa.
Motion was made by Councilwoman Sosnosky to open the meeting to the public. Motion was seconded by Council Joho.
MEETING OPENED TO THE PUBLIC
Livio Mancino, 102 North 24th St. – Mr. Mancino stated the Board of Education has a zero budget this year. The tax dollars as far as Kenilworth is concerned, the school is not going to change due to some tightening of belts and some funding from the State because we spend quite a bit of money for children who need more assistance than the average child. This is a great plus for the Borough and hopefully we can continue that. The Polling Places will be open at 7:00 am instead of 2:00 pm. Mr. Mancino asked Councilman Pugliese to work on getting street markings that say School Crossings on Monroe and Washington. Mr. Mancino also asked if Councilman Pugliese could look into the crossing lights on the corner of the Blvd. and
Michigan Avenue. They are not working correctly. He said when you push the button the signal says to start walking across the road but as soon as you take a step it signals for you not to walk. He asked Councilwoman Sosnosky to look into the collapsing of Washington Street near St. Theresa’s Church. He stated that one day a car will tip over. He asked Councilwoman Sosnosky to take a ride down Washington and she will see how horrible the street is. Mr. Mancino asked the Mayor and Councilwoman Sosnosky to give the County a call regarding the atrocious spots on the Boulevard. He said there is a sewer plate by the Post Office that is almost collapsing because the hole is so big. There are many other areas along the Boulevard that need repair. He said he went to a Freeholders Meeting and screamed a little and then they sent some people but we need more than that. Mayor Fiamingo stated that the County is paving the Boulevard this summer. Mr. Mancino said that is fine but they need to work on it right now.
Regular Council Meeting – March 12, 2008 Page 14
Mr. Lonagan, 276 Lincoln Drive – Mr. Lonagan stated that coming to this meeting is his last resort. Last year he got the run a round regarding the flooding on his street. He said there is a fairly new house that has a water pump and it continuously pumps and pumps and pump. There is a lake outside his house right now. He said water fills up and it is very deep. He said the water is ankle deep. He said he has two small kids and this is a hazard especially when the water freezes at night. Mayor Fiamingo asked Mr. O’Connor to look at 276 Lincoln Drive. Mr.
Lonagan said although he lives at 276 Lincoln Dr., the sump pump is located at 297 Lincoln Drive. Mayor Fiamingo said she cannot promise anything but the engineer will look into it. Councilman Pugliese said he thinks that portion of Lincoln Drive may be repaved. Mr. O’Connor said the 2007 Road Project is currently in excess of 90% completed by the prior engineers office and he anticipates a 90+% progress submission shortly from them and final documents in very short order and it is anticipated the 2007 Road Program will be out to bid in early spring. Mayor asked if the road project would include the part of Lincoln Drive that Mr. Lonagan is on. Councilman Clementi stated the work will not go down Lincoln Drive to Mr. Lonagan’s home. It will only go to the Lincoln Drive cut off onto the Boulevard.
Herb Michitsch, 725 Monmouth Avenue – Mr. Michitsch said that at last nights work session that the DPW is ordering a new garbage truck. Mayor Fiamingo said that is a request that the Finance Committee is looking into. Mr. Michitsch asked if the truck is in the Capital Budget. Mayor Fiamingo answered that nothing has been finalized. Mr. Michitsch asked how many garbage trucks does the Borough have? Mayor Fiamingo stated there are 2 garbage trucks and 1 brush truck. He asked when was the last time the Borough ordered garbage trucks. Mayor Fiamingo stated one was 1985 and the other around 1992. Councilman Mr. Michitsch asked when was the preliminary budget going to be available? Mayor Fiamingo stated it is being introduced in early April.
Robert Herbert, 363 Coolidge Drive – Mr. Herbert said he has been talking to residents and they want to stay Kenilworth and not merge with any other communities. He said maybe the Governor should ask other towns to join us since we have such a low tax rate. He suggested if the Governor puts pressure on Kenilworth to merge then we should have special meetings to have Borough residents come and put their input about how they feel about mergining. He said in his personal opinion, for the Governor to cut $189,000,000 in his budget to lower the deficit and attack the municipality and the taxpayers is absurd, gross and disgusting. Fathers and grandfathers have been paying taxes for a long time to give the politicians what they want and for them to come and take more from us is very bad. Mr. Herbert gave a couple of suggestions of what the Mayor could e-mail to the Governor. He said to tell the Governor to cut his own house first before he comes into our house. We have a right and they need to hear our voice loud and clear. Some of the simple things they could do is that every politician who has a state car should have their own car and this would save a lot of money. He said we all have our own
car and they should too. He also said they should put a cap on the age for being a politician and that they should leave after they are 70 or 75 years old so that you are not milking the system until they are 90 or 100 years old like a lot of our politicians do. Also make a term limitation, just like the President of the United States. He said by doing those simple things in his own house he could leave the working class people, company and businesses alone.
Regular Council Meeting – March 12, 2008 Page 15
Councilman Joho made a motion to close the meeting to the public, seconded by Councilman Clementi.
There being no further business to come before the Council it was moved by Councilman Clementi, seconded by Councilman Candarella 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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