Council Minutes from 2/25/2009
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, FEBRUARY 25, 2009.  MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Brian Joho, Scott Klinder, Kevin Leary, Jr., Fred Pugliese and Toni Sosnosky. 

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

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of February 10, 2009 and the Regular Meeting of February 11, 2009, be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

PRESENTATION

Mayor Fiamingo introduced Assemblywoman Annette Quijano.  Ms. Quijano said the 20th Legislative District has received approximately $850,000.00 from the State Department of Transportation Trust Fund for road improvements throughout their district.  She presented a check for $175,000.00 to the Borough for Kenilworth road improvements.  She said the Municipal Aid Program, administered by the State Department of Transportation is very competitive and it is used to help stimulate the economy.  She said this is done to invest in our local roads and the infrastructure and also helps local taxpayers.  She said you don’t have to increase property taxes to improve the roads.  She said, along with her colleagues Senator Lesniak and Assemblyman Joseph Cryan, she will fight to continue to bring money back to our District.  It is important to bring this money back to help our local municipalities. She said her office is always open for all the residents of District 20 as well as the Mayors of each community.

Mayor Fiamingo said the check and the grant that is represented by the check will be used for improvements to South 31st Street.  She said the check is very much appreciated.  She said Kenilworth is a small community that does as much as it can with the money that is allotted through taxes and the State.  She said the Borough needs every dollar they can get and she said she is here to make sure the taxpayers get the most bang for their buck.  The Mayor extended her sincere thanks to Assemblywoman Quijano Senator Lesniak and Assemblyman Cryan for helping to extend the grant for the public safety building. She said it was to expire at the end of last year and through their efforts it has been expended for a year. 

PRESENTATION

Mayor Fiamingo invited members of Girl Scout Troop 407 to come up to the front of the room.  The Girl Scouts presented a time capsule to commemorate the 100th Anniversary of Kenilworth.  They started working on the time capsule in 2007 during Kenilworth’s Centennial year.  The time capsule is part of their bronze award project.  The Girls Scouts presented the time capsule to the Mayor and Council to maintain for the next 50 years.  The time capsule is to be opened in 2057.  The Mayor said she would try and stick around for the opening of the time capsule but she is not sure she will make it but she hopes the Girl Scouts will be present when the box is opened in 2057, even if they have to fly in from France or wherever they may be.  The Girl Scouts said the capsule has pictures of Kenilworth and also the Ordinance celebrating Kenilworth’s 100 years. The time capsule is in a wooden box and has a plaque on the front that says Kenilworth Time Capsule Created by Girl Scout Troop 407.  The Mayor thanked the Girl Scouts and said she will put the time capsule in a very honored spot, most likely in the new public safety building. The Mayor said she appreciated all the hard work that was put into the time capsule.

COMMUNICATIONS AND PETITIONS:

1.      Letter from Kenneth & Cathleen Cohen, 43 Brasser Lane, requesting permission for them to cut down a borough tree due to roots in the sewer line.

2.      Invitation to Mayor and Council to the Kenilworth Little League Parade and Opening Day Ceremony on Saturday, April 4, 2009 beginning at 1 P.M.

REPORTS

1.       Rahway Valley Sewerage Authority Meeting Minutes of January 15, 2009.

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

REPORT OF COMMITTEES

Mayor Fiamingo reiterated the United States Census Bureau has part-time, temporary jobs available.  Anyone who is interested should call 866-861-2010. 

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee met with the Borough Auditor yesterday to discuss the 2009 budget and like everywhere else, this is going to be a challenging year for Kenilworth.  The Rahway Valley Sewerage bill increased $377,932.00 for this year.  The Boroughs miscellaneous revenue decreased in 2008 by $220,000.00. Unfortunately the Borough does not project that number changing for 2009.  He said those two items alone are a pretty major hit to the budget.  Kenilworth is fully developed and there does not appear to be any signs of expanding the tax base during 2009.  He said the Borough will anxiously await Governor Corizone’s budget proposal and what it will mean in terms of state aid, pension contributions, extraordinary aid, etc. He said the Borough will continue to reduce it’s operating costs where possible.  They are currently reviewing all the operating expense budgets and they will continue to seek out grant opportunities.  He said there is much work to be done and they will continue to provide updates as they work through the process.

Mayor Fiamingo said it is a very difficult situation for the Borough as well as for the State and wherever possible the Borough will call upon their representatives, Senator Lesniak, Assemblywoman Quijano and Assemblyman Cryan as well as the Governor for their assistance.  The Mayor said Kenilworth is a great community and if we all pull together we will get through this difficult time.

 

Regular Council Meeting – February 25, 2009                                                    Page 2

 

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky had nothing to report.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported an update for the office of Emergency Management.  In 2008 the OEM responded to approximately 32 calls varying in nature. The OEM responds to calls from the Police Department for assistance in areas such as flooding, trees being in the roadway, etc.  They also assist in events that the Borough sponsors such as the 911 Memorial Service, Fireworks, Fireman’s Carnival, Fishing Derby and the St. Patrick’s Day gathering at the VFW. Councilman Pugliese thanked the members of the OEM who put a lot of time into keeping it going, especially Jonathan Lipke.  He said Police Chief Dowd attended a presentation by the County on the possibility of consolidating 911 services.  Under this program there will be a central center for all 911 calls and then the calls will be dispatched to each individual town.  To be part of that program there would be an upfront cost of $42,000.00 as well as a monthly charge.  He said the Borough is assessing whether they want to be part of the program because they do not know if it is going be a cost saving measure.  They need to make sure it works properly so they do not put their residents at risk. He said other municipalities have had some concerns regarding this program so they do not want to jump into the project without fully analyzing whether it is going to benefit the Borough.  Councilman Pugliese reported the Borough received a grant from the State of New Jersey for $4,000.00 for the Hang Up and Drive Program.  He said the program involves two weeks of strict enforcement of talking on your cell phone while driving law.  Chief Dowd was instrumental in receiving this grant and only 14 municipalities in the State received this grant. The program will take place within the next few weeks and will last about 13 days.  He advised drivers to give up driving and talking on their cell phones for lent.

 

Mayor Fiamingo added the program is also known as Shut Up and Drive.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reminded senior citizens that the Handyman Program is up and running.  He said it has been slow this year and if there are any senior citizens out there who have a small job they need done, they should come up to Borough Hall to fill out an application.

Mayor Fiamingo added there are some income requirements for the Handyman Program.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary had nothing to report.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported there have been changes in the State Rabies Program.  He said he will report more details at the next Council Meeting.  The Board of Health received a new jeep which was purchased with environmental funds from the County.  The vehicle replaced a very old one that was in poor condition. He said the Historical Society is hosting a Soup Tasting

Regular Council Meeting – February 25, 2009                                                    Page 3

Event on March 3rd from 6:00 pm to 8:00 pm. Tickets will be available at Especially Yours Flowers.  The Kenilworth Public Library is sponsoring”Experience the Iditarod Race” on Wednesday, March 25th    between 7:00 pm and 8:00 pm.  The Iditarod is a sled race in Alaska and Karen Land, a three-time participant and her Alaskan husky, Borage will be at the event.  Registration is March 18th for Kenilworth residents and out of town citizens can register on March 23rd.  

 

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 13 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 Joho moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky.  Upon roll call the vote was unanimous.

PROCLAMATION

Mayor Fiamingo read a Proclamation (Resolution #12 )declaring March 8-14, 2009 as “Girl Scout Week” in Kenilworth, NJ.

The Mayor thanked Karen Lucadema, her daughter Emma and all the Girl Scouts for all their hard work for the Girl Scouts as well as their contributions to our community.

 

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1Be It Hereby Resolved:   That all bills be paid when properly audited and funds are available

RESOLUTION NO. 2

RESOLUTION AUTHORIZING FORECLOSURES OF TAX TITLE LIENS

BE IT RESOLVED by the Council of the Borough of Kenilworth, County of Union, State of New Jersey, that the tax sale certificates listed below be foreclosed by summary proceedings IN REM and IN PERSONAM if necessary, and described by N.J.S.A. 54:5-104.29 to N.J.S.A. 54:5-104.71 as amended, and pursuant to the Rules Governing the Courts of the State of New Jersey.

Tax Sale

Certificate            Block            Lot            Address                                  Owner

70-1                 159            12            739 Woodland Ave.                 Anderson, Erwin G.

342                  154      2          664 Vernon Ave                  Simon, Muriel

67-3                 134            28            108 So. 25th Street             Arthur, Paul

Regular Council Meeting – February 25, 2009                                                    Page 4

60-1                 34        2          230 No. 16th Street             Liddy, George & Dolores

65-3                 19            10            302 No. Michigan Ave.     G&H Construction Co.

91-3                 24.03            12            247 No. 10th Street             Mabel Hartshorn

90-12               116      6          56 So. 21st Street, Rear            Unknown

90-11               101            35            359 Coolidge Dr, Rear            Unknown

90-10               101            30            379 Coolidge Dr, Rear            Unknown

90-9                 100            12            67 Arbor                           Unknown

90-8                 96            18            67 Locust Drive                Unknown

75-2                 101            26            385 Coolidge Dr. Rear            Unknown

756-1               101            27            385 Coolidge Dr. Rear            Unknown

75-3                 101            28            385 Coolidge Dr. Rear            Unknown

75-4                 101            29            385 Coolidge Dr. Rear            Unknown

58-17               101            36            355 Coolidge Dr. Rear            Unknown

58-16               101            37            355 Coolidge Dr. Rear            Unknown

58-15               101            38            351 Coolidge Dr. Rear            Unknown

58-14               101            39            347 Coolidge Dr. Rear            Unknown

69-3                 113            32            67 So. 19th Street                   Unknown

69-2                 119            14            36 So. 24th Street                   Unknown

86-1                 101            40            341 Coolidge Dr., Rear            Unknown

RESOLUTION NO. 3

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

                       

#950 St. Theresa’s Church for an Off-Premise 50/50 Raffle on August 22, 2009 at 541      Washington Ave., Kenilworth, NJ

#951 St. Theresa’s Church for Games of Chance between  August 17th thru August 22nd, 2009 at 541 Washington Ave.,  Kenilworth, NJ.

#952 St. Theresa’s Church for On-Premise Raffles between August 17th and August 22nd at 541 Washington Ave., Kenilworth, NJ.

#953 David Brearley Athletic Booster Club for an On-Premise 50/50 Raffle on May 16, 2009 at 33 South 21st Street, Kenilworth, NJ.

#954 David Brearley Athletic Booster Club for a Tricky Tray on May 16, 2009 at 33 South 21st Street, Kenilworth, NJ

RESOLUTION NO. 4

Be It Herby Resolved:    That Chapter 106.7 of the Code of the Borough of Kenilworth entitled “Hours of Collection, Placement and Removal of Receptacles” be revised as per Chapter 106.5 to reflect that the following:

Regular Council Meeting – February 25, 2009                                                    Page 5

COLLECTION SHALL START NO EARLIER THAN 5:00 A.M. AND SHALL BE PLACED AT CURBSIDE

            An Ordinance amending Chapter 106.7 to follow at a later date.

RESOLUTION NO. 5

 

Whereas, an emergent condition has arisen with respect to adoption of the 2009 Annual

 

Budget and no adequate provision has been made in the 2009 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 2009 pursuant to the

 

provisions of Chapter 96,P.L. 1951 (N.J.S. 40A:4-20) including this resolution total

 
 

 $ 302,399.50

                 
                     
 

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  $107,300.00.

 
                     
 

2.  That said emergency Temporary appropriation be provided for the 2009 budget

 

      under the title of:  Various line items.

       
                     
                     
 

ACCOUNT #

 

ACCOUNT NAME

     

FROM

 

TO

 
             

 

     
 

850

 

Principal on Bonds

   

 $165,375.00

 

 $        265,375.00

 
 

766

 

Snow Removal

   

 $  15,000.00

 

 $          18,000.00

 
                     

Salary & Wages

                 
 

725

 

Construction Official

   

 $    5,700.00

 

 $          10,000.00

 
                     

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

Regular Council Meeting – February 25, 2009                                                    Page 6

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

WHEREAS, the transfers about to be authorized do not affect any appropriation to which or from transfers are prohibited under statute,

NOW, THEREFORE BE IT RESOLVED that the attached be approved and the Treasurer be and is hereby authorized to make the following transfers in the 2008 Municipal Budget.

FROM:

Salary & Wages:

795            Recreation Services & Programs                $ 7,750.00

749      Fire Department Volunteer                                 $ 2,400.00

785      Board of Health                                              $ 3,600.00

TO:

Salary & Wages:

765      Streets & Roads                                              $11,350.00

770      Solid Waste Collection                                $  2,400.00

RESOLUTION NO. 7

Be It Hereby Resolved:  That the following be appointed to the Emergency Management

Council: 

(asterisk indicates new member)

            *Mayor Kathi Fiamingo

            *Councilman Fred Pugliese

            *Councilman Scott Klinder

              Police Chief William Dowd

              Lt. William Hannon-OEM

              Jonathan Lipke-OEM

              Borough Clerk Hedy Lipke

            *Borough Engineer Richard O’Connor

            *Zoning Officer Robert Herbert

              Health Officer John Ferraoli

              Sanitarian Danielle Grady

              Fire Chief Lewis Giordino

              Rescue Squad Captain Joseph Vecchi

              DPW Superintendent Daniel Ryan

              Anthony Longano-Kenilworth Inn

              Steve Mellinger-Schering Plough

Regular Council Meeting – February 25, 2009                                                    Page 7

RESOLUTION NO 8

Be It Hereby Resolved:    That KIMBERLY GRANT be employed as a part-time Clerk in the Fire Prevention Bureau at a rate of $10.00 per hour.

RESOLUTION NO. 9

WHEREAS, the Borough of Kenilworth received bids on February 18, 2009 for “One New 2009 Model Year 25 Cubic Yard Refuse Truck”; and

WHEREAS, one bid was received from the following:

           

Mid-Atlantic Truck Center, Inc., 525 Linden Avenue W, Linden, NJ  07036

            In the amount of $149,975.

WHEREAS, the bid submitted substantially exceeds the appropriation for this item.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth hereby rejects this bid received and directs the Borough Clerk to notify the above bidder.

RESOLUTION NO. 10

A RESOLUTION SETTING ESCROW DEPOSITS FOR LAND USE APPLICATIONS  

WHEREAS, the Borough of Kenilworth in Chapter 163 (SITE PLAN REVIEW) has the authority to collect escrows by applicants to pay for professionals retained by the Borough in order to review development of sites within the municipality; and

WHEREAS, the cost of a professional revenue is not subject to reasonably accurate estimates in advance so that the amount required for an initial deposit set forth herein is only a general estimate; and

WHEREAS, NJSA 40:55D-1 et. seq. authorizes municipalities to collect escrow fees and reimbursement of certain expenses for the review of land use applications.

 

NOW, THEREFORE, BE IT RESOLVED on this by the Borough of Kenilworth, County of Union, State of New Jersey as follows:

Regular Council Meeting – February 25, 2009                                                           Page 8

The following fees are to be deposited for each land use application.

Type of Application

Application Fee

Escrow Fee

     

1.   Use Variance

 

            Dollars

a.   One or two family residential use

 

              300.00

b.   Multifamily residential use of three (3) or more units

 

              500.00

c.   Commercial / Industrial Use

 

          2,000.00

d.   Conditional Use

 

          1,000.00

2.  Bulk Variance

   

a.      Off-street parking

 

             300.00

b.     All other bulk requirements

 

300.00 For first and 50.00 for each additional
variance
 


     

3.  Site Plan

   

a.   Preliminary Site Plan

 

          1,000.00

b.   Final Site Plan

 

            500.00

4.  Subdivision

   

a.      Preliminary

   

      1. Minor

 

 500.00 and 75.00 for each lot

      2. Major

 

 1000.00 and 150.00 for each lot

b.       Final

   

      1. Minor

 

             250.00

      2. Major

 

             500.00

5.  Waivers

   

a.   Request for Waiver from a Site Plan Design Standard

 

 125.00 for first waiver and 25.00 for each additional waiver
 

6.  Permits pursuant to N.J.S.A. 40:55D-34 & 35

 

          1,000.00

7. Informal Review of Concept Plan

 

             500.00

     

Regular Council Meeting – February 25, 2009                                                           Page 9

RESOLUTION NO. 11

Be It Hereby Resolved:  That the contracts between the Borough of Kenilworth and New Jersey State Policemen’s Benevolent Association, Kenilworth Local Number 135 and the Superior Officers Salary Committee Kenilworth Local Number 135 for the period of January 1, 2009 through December 31, 2012, be ratified and that the Mayor be authorized to execute said contracts.

RESOLUTION NO. 12

WHEREAS, March 8-14, 2009 marks Girl Scout Week as designated by Girl Scouts of the USA, a movement founded in 1912 by Juliette Gordon Low in Savannah, Georgia; and

WHEREAS, throughout its long and distinguished history, Girl Scouting has inspired more than 50 million girls and women to strive for the highest ideals of courage, confidence and character; and

WHEREAS, through Girl Scouts, girls grow strong, gain self-confidence, develop leadership skills and learn the lifelong lesion of contributing back to their communities; and

WHEREAS, Girl Scouts helps girls achieve their potential by increasing awareness of opportunities existent in the fields of math, science, sports, technology and other professional pursuits; and

WHEREAS, the Girl Scouts Heart of New Jersey was formed in 2008 and is capably delivering the optimal Girl Scout experience to over 28,000 young women and adults in Essex, Hudson, Hunterdon, Middlesex, Somerset, Union and Warren counties; and

WHEREAS, more than 3.8 million Girl Scouts nationwide, including in excess of 100,000 in the State of New Jersey, join in celebrating and rejoicing in this great American tradition.

NOW, THEREFORE, I, Kathi Fiamingo, Mayor of the Borough of Kenilworth, do hereby proclaim March 8-14, 2009 as GIRL SCOUT WEEK in the Borough of Kenilworth.

RESOLUTION NO. 13

WHEREAS, the citizens of the Borough of Kenilworth stand firmly committed to the promoting of reading as the catalyst for our students’ future academic success, their preparation for America’s jobs of the future, and their ability to compete in a global economy; and

WHEREAS, the Borough of Kenilworth has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principal that educational investment is the key to the community’s well-being and long-term quality of life; and

WHEREAS, NEA’S Read Across America, a national celebration of reading, will be conducted on March 2, 2009, which would have been the 105th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

Regular Council Meeting – February 25, 2009                                                           Page 9

WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, Saturn-UAW, and their local affiliates across the state to promote reading and adult involvement in the education of our community’s students.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth call on the citizens of Kenilworth to assure that every child is in a safe place reading together with a caring adult on March 2, 2009;

BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA’s Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make America’s children the best readers in the world.

                                   

Proposed Ordinance No. 2009-03 was read for a first reading as follows:  (Copy attached)

ORDINANCE NO. 2009-03

AN ORDINANCE REPEALING CHAPTER 25 AND CHAPTER 37 OF THE CODE

OF THE BOROUGH OF KENILWORTH AND ESTABLISHING A NEW CHAPTER

37 ENTITLED, “AN ORDINANCE ESTABLISHING PROCEDURES TO ADOPT

PERSONNEL PRACTICES FOR ALL OFFICIALS, APPOINTEES, EMPLOYEES,

PROSPECTIVE EMPLOYEES, VOLUNTEERS, AND INDEPENDENT CONTRACTORS OF THE BOROUGH OF KENILWORTH”

Mayor Fiamingo stated this Ordinance establishes a policy for Borough employees.  She said the prior policy was inadequate and the Joint Insurance Fund required that the Borough take a good look at their policy and update their manual.  The second reading will be on March 25, 2009 and anyone wishing to speak may do so at that time.

RESOLUTION NO. 14

Introduced by Brian Joho who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-03, be and the same is hereby passed on first reading and ordered published for final hearing on March 25, 2009.

Seconded by Toni Sosnosky and on roll call unanimously carried.

Proposed Ordinance No. 2009-04 was read for a first reading as follows:  (Copy attached)

ORDINANCE  NO. 2009-04

AN ORDINANCE ADDING A CHAPTER 38 TO THE CODE OF THE BOROUGH OF KENILWORTH ENTITLED “AN ORDINANCE AUTHORIZING THE BOROUGH OF KENILWORTH TO PROVIDE LEGAL COUNSEL AND INDEMNIFICATION FOR OFFICIALS, EMPLOYEES AND APPOINTEES OF THE BOROUGH IN CERTAIN ACTION BROUGHT AGAINST SAID OFFICIALS, EMPLOYEES AND APPOINTEES.”

Regular Council Meeting – February 25, 2009                                                    Page 10

Mayor Fiamingo stated this Ordinance indemnifies Borough Officials in the event they are brought to call for certain actions where there is no willful malice or wrongful doing on their part but rather their actions are being called into account because of their position as a borough official.  The second reading is on March 25th and anyone who wishes to speak may do so at that time.

RESOLUTION NO 15.

Introduced by Brian Joho who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-04, be and the same is hereby passed on first reading and ordered published for final hearing on March 25, 2009.

Seconded by Toni Sosnosky and on roll call unanimously carried.

Proposed Ordinance No. 2009-05 was read for a first reading as follows:  (Copy attached)

                                                    ORDINANCE NO. 2009-05

AN ORDINANCE TO AMEND CHAPTER 91, ARTICLE I OF THE CODE

OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo stated this Ordinance amends the fees for the Planning Board.  She said it has been many years since the fees were amended.  The second reading is on March 25th and anyone who wishes to speak may do so at that time.

RESOLUTION NO.16

 

Introduced by Sal Candarella who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-05, be and the same is hereby passed on first reading and ordered published for final hearing on March 25, 2009.

Seconded by Brian Joho and on roll call unanimously carried.

Proposed Ordinance No. 2009-06 was read for a first reading as follows:  (Copy attached)

                                                ORDINANCE NO. 2009-06

AN ORDINANCE OF THE BOROUGH OF KENILWORTH REPEALING SECTION 163—15 IN CHAPTER 163 (SITE PLAN REVIEW) AND AMENDING THE EXISTING CHAPTER 30 (LAND USE PROCEDURES) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ESTABLISH A NEW ARTICLE ENTITLED “ESCROW DEPOSITS FOR REVIEW OF DEVELOPMENT APPLICATIONS BY PROFESSIONALS”

Regular Council Meeting – February 25, 2009                                                    Page 11

Mayor Fiamingo stated this is an Ordinance that changes the provision to allow escrow fees in accordance with the statute.  It was determined by the Planning Board Attorney and the Borough Council that it needed to be in a different section of the Ordinance Book.  The second reading is on March 25th and anyone who wishes to speak may do so at that time.

RESOLUTION NO.17

 

Introduced by Sal Candarella who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-06, be and the same is hereby passed on first reading and ordered published for final hearing on March 25, 2009.

Seconded by Brian Joho and on roll call unanimously carried.

Proposed Ordinance No. 2009-07 was read for a first reading as follows:  (Copy attached)

ORDINANCE NO. 2009-07

AN ORDINANCE AMENDING SMOKE DETECTOR FEES IN SECTION 91-1 ARTICLE I ENTITLED “FEES GENERALLY”

Mayor Fiamingo stated this is an Ordinance amending smoke detector fees that are charged by the Fire Inspector relative to Certificate of Occupancy and was recommended by our Fire Inspector. The second reading is on March 25th and anyone who wishes to speak may do so at that time.

RESOLUTION NO.18

 

Introduced by Kevin Leary who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-07, be and the same is hereby passed on first reading and ordered published for final hearing on March 25, 2009.

Seconded by Sal Candarella and on roll call unanimously carried.

Proposed Ordinance No. 2009-08 was read for a first reading as follows:  (Copy attached)

ORDINANCE 2009-08

AN ORDINANCE AMENDING INSPECTION FEES IN SECTION 94-2 ENTITLED “NON-LIFE-HAZARD USES”

Mayor Fiamingo stated this Ordinance is relative to fees charged by the Fire Prevention Unit for inspection of commercial businesses as recommended by the Fire Prevention Unit. The second reading is on March 25th and anyone who wishes to speak may do so at that time.

Regular Council Meeting – February 25, 2009                                                    Page 12

RESOLUTION NO.19

 

Introduced by Kevin Leary who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-08, be and the same is hereby passed on first reading and ordered published for final hearing on March 25, 2009.

Seconded by Sal Candarella and on roll call unanimously carried.

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

MEETING OPENED TO THE PUBLIC

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

Seeing no one, the Mayor asked for a motion to close meeting to the public

Motion was made by Councilman Candarella, seconded by Councilman Joho to close the meeting to the public. All in favor.

GENERAL BUSINESS

The council had nothing to report.

ADJOURNMENT

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

8:45 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  



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