REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 8, 2006. MAYOR GREGG DAVID PRESIDED.
Roll Call at 8:00 P.M. showed the following Council Members present: Lawrence Clementi, Peter Corvelli, Anthony DeLuca, Jr., Fred Soos and Robert Taylor. Carmela Colosimo was absent.
Mayor David read the requirements of the Open Public Meetings Act.
The Salute to the Flag was led by Mayor David
It was moved by moved by Soos, seconded DeLuca and carried the minutes of the Work Session Meeting of February 21, 2005 and the Regular Council Meeting of February 22, 2006 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.
Mayor David read the following Resolution:
RESOLUTION NO. 1
Introduced by: Frederick Soos
Adoption moved by: Same
Seconded by: Lawrence Clementi
Be It Hereby Resolved: That Detective John Zimmerman be promoted to the rank of Sergeant in the Kenilworth Police Department as per promotional list ranking and as recommended by Chief William Dowd, effective as of March 13, 2006.
On roll call unanimously carried
Mayor David called up Sgt. Zimmerman and presented the Resolution and extended his congratulations.
Mayor David read the Proclamation designating the month of April as Organ and Tissue Donor Awareness Month. He presented the Proclamation to a representative of the Organ and Tissue Awareness Committee.
COMMUNICATIONS AND PETITIONS
1. Notice from Comcast announcing the addition of a new “Family Tier Service”.
2. Letter from Mayor Gregg David appointing the following members to the Kenilworth Planning Board: Sal Candarella as a Class IV member for an unexpired term ending 12/31/06 and Robert Schielke as Alternate No. 2 for unexpired term ending 12/31/06.
3. A joint Meeting of Mayor and Council and the Kenilworth Board of Education has been scheduled for Monday, March 20th at 7:30 P>M> at Brearley regarding the School Budget.
1. Police Department Report for the month of February, 2006
2. Construction Department Report for the month of February, 2006
3. Borough Clerks Report for the month of February, 2006
4. Rahway Valley Sewerage Authority Meeting Minutes of January 19 and February 9, 2006
It was moved by, Councilman Taylor, seconded by Councilman Deluca and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.
Mayor David received a copy of a letter addressed to Capt. Joseph Vecci, Kenilworth Rescue Squad from Schering-Plough. At a previous meeting it was announced that Schering-Plough had agreed to donate $50,000.00 to the Rescue Squad for the purchase of a new ambulance. We had been notified that Schering-Plough was going to donate up to another $25,000.00 in a matching grant, assuming the Borough could raise the $25,000.00. This letter is a correction of that previous announcement. At this time Schering-Plough is increasing the donation to $50,000.00. If the Borough can raise $50,000.00 on its own, we will end up with a $100,000.00 donation from Schering-Plough for the purchase of a new ambulance, which is sorely needed. The 150,000.00 would be more than enough to cover the entire cost of the new ambulance. Schering-Plough is a great neighbor and they are always helping the Borough and this is another example of all that they do for us.
Mayor David received notice from the New Jersey League of Municipalities reminding us that effective March 1, 2006 New Jersey’s bicycle helmet law is changing to include people under the age of 17. People under the age of 17 will be required to wear an approved helmet when cycling, roller skating, in-line skating or skateboarding. The current law is for riders under the age of 14.
Mayor David received a letter from Cranford Mayor Daniel Ashenbach alerting us that they will be having a Regional Storm Water Management Meeting on the Rahway River. The meeting is being co-hosted by the Townships of Cranford and Milburn and will be held on April 4, 2006 @ 7:00 pm in the Cranford Community Center. Cranford hosted a similar meeting last year which was attended by Councilman elect Clementi and Mayor David. The storm water management system in the Rahway River does have an impact on the Borough of Kenilworth.
DEPARTMENT OF FINANCE
Councilman Clementi reported that the Finance Committee will meet with the Borough Auditor and the Finance Officer and continue to look at the budget and ways to trim it. We will be applying for Extraordinary Aid. The budget will be introduced on March 22, 2006
DEPARTMENT OF PUBLIC WORKS
Councilman DeLuca reported that Dan Ryan reported to him that on Thursday, March 2, 2006 we had a little ice storm and we used 39 tons of salt. On March 3, 2006 the Principal Environmental Specialists of the NJDEP came and reviewed our municipal storm water regulation program and reviewed our annual waste water collection system inspection. They were very pleased with the record keeping and the system as a whole. Our street sweeper has been down for the last 2 weeks.
DEPARTMENT OF PUBLIC SAFETY
Councilwomen Colosimo was absent. Councilman Clementi reported that the Senior citizen project re-assurance program is in progress.
DEPARTMENT OF PLANNING AND ZONING AND ORDINANCES
Council Soos reported the 2005 Road Project will resume as soon as the weather breaks. The list of streets to be done in 2006 is being completed.
DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY
Councilman Corvelli reported the Recreation Committee has submitted a wish list for DiMario Park Project.
DEPARTMENT OF HEALTH, EDUCATION AND WELFARE
Councilman Taylor reported the Health Education and Welfare Committee will be meeting with the Board of Education Committee tomorrow night to discuss matters of mutual concerns.
Resolutions No. 2 through 9 are listed under 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 Clementi moved that all items under Consent Agenda be approved, seconded by Councilman DeLuca. Upon Roll Call the vote was unanimous.
RESOLUTION NO. 2
Be It Hereby Resolved: That all bills be paid when properly audited and funds are available.
RESOLUTION NO. 3
WHEREAS, N.J.S.A. 40a:5-21 authorizes the establishment of a Change Fund and,
WHEREAS, it is the desire of the Borough of Kenilworth, County of Union that the Change Fund for the Tax Collector be increased from $55.00 to $100.00.
NOW, THEREFORE, BE IT RESOLVED that the Borough of Kenilworth, County of Union hereby authorizes such action and two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval.
RESOLUTION NO. 4
WHEREAS, it has been found that payment for 2005 First and Second Quarter taxes have been paid on the following property and:
WHEREAS, the property was subdivided in 2005 and taxes should not have been paid.
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
120 13 Stephen A. Satkin, Trust Acct. $1,866.67
320 Park Avenue
PO Box 367
Scotch Plains, NJ 07076
Be It Hereby Resolved: That the Borough Clerk be authorized to issue the following Raffle Licenses:
#857 Catholic Daughters of America on April 29, 2006 at 544 Washington Ave., Kenilworth, NJ for an Off-Premise 50/50 Raffle.
RESOLUTION NO. 5
WHEREAS, Sergio R. Pastor, attorney, paid for a copy of a video tape (Ref: 06-00938) on check #1481, on February 22, 2006, in the amount of $77.00
WHEREAS, it has been determined, said tape is not available and attorney check has been deposited by the Borough
Be It Hereby Resolved: that the Finance Department process a refund check in the amount of $50.00 to the above attorney.
RESOLUTION NO. 7
WHEREAS, an emergent condition has arisen with respect to adoption of the 2006 Annual Budget and no adequate provision has been made in the 2006 Temporary Budget 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 2006 pursuant to provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $44,600.00
Now, Therefore, Be it Resolved (not less than two-thirds of all 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 other expense appropriations in the amount of $44,600.00
2. That said emergency Temporary appropriation be provided for in the 2006 Budget under the title of: Various line items:
Other Expenses Account Name From To
726 Interlocal Services/Union $ 7,500.00 $ 19,600.00
785 Board of Health O/E ----- 7,000.00
785 Board of Health S&W ----- 18,000.00
RESOLUTION NO. 8
Resolution appears on the following page. (Proclamation – Overlook Hospital’s Auxiliary)
RESOLUTION NO. 9
Resolution appears on the following page (Proclamation – Girl Scouts Of the USA)
ORDINANCES & RESOLUTIONS
Proposed Ordinance No. 2006-01 was read for second and final reading as follows: (Copy appears in minutes of February 8, 2006.
AN ORDINANCE ADDING CHAPTER 42 TO THE CODE OF THE BOROUGH OF KENILWORTH – Establishing Rental Regulations and Licensing of Landlords
Mayor David stated this Ordinance regulates rentals
Mayor David opened the meeting to the public on Ordinance 2006-01
Robert Woods, 114 No. 19th Street, commented that he feels the Ordinance is prejudicial against small apartment owners. He feels the council should limit large apartments, not small
Joe Rizzo, 237 North 27th Street – Advised that this law was tried in Linden, Roselle and Rahway and six months later it was repealed. As an engineer, he cannot understand the Ordinance and said it needs more work.
Livio Mancino, 102 North 24th Street – Mr. Mancino wanted to know where the Ordinance came from? It is impossible for the average person to decipher.
Anthony Puglise, 109 North 19th Street. Mr. Puglise advised that Councilman Soos and Mr. Lima have come to his house many times looking for illegal apts.
Ron Scorese, 30 No. 11th Street – He feels the additional fees from the Ordinance would be passed in to the renters. He already pays fees to the state and feels it is not fair he now has to pay the town also. Mr. Scorese feels the Town can resolve 90% of the problem by requiring a CO every 3-5 years.
Kathi Fiamingo, 468 Sheridan Avenue, Ms. Fiamingo advised that as an attorney she sees a lot of legal issues and penalties if the Ordinance is passed. She agrees with Mr. Mancino that the Ordinance needs further review.
Frank Pugliese, 235 No. 13th Street – Mr. Pugliese asked how many times can the Town come and inspect apartments before it is considered harassment.
Un announced person asked Mayor and Council why landlords have to give the names and ages of children of renters. This is a privacy issue. He also expressed concern that inspectors will be giving citations for all doors in rental properties that are not solid wood. The last issue is the ordinance allows tenants can stop paying rent.
Councilman Soos commented that the council did not throw this ordinance together. Mayor and Council and the Planning Board started working on this ordinance 9 months ago because we wanted to eliminate illegal apartments and make the apartments safe. Our previous Borough attorney wrote this Ordinance to protect the town. When the zoning officer receives a complaint
and starts to investigate a suspected illegal apartment he is often told to come back in a week and during that week people move out and then back in again after the inspection. This has happened time and time again. We have documented cases of this abuse.
Councilman Soos made a motion for the landlords to form a three-man committee to formulate their concerns. Motion seconded by Councilman Clementi.
Rudy Cammorata, 1 Red Maple Lane commented that Kenilworth residents have spoken. The Council should not have trouble understanding what they want. Mr. Cammorata advised that there is nothing in the Ordinance that gives the Council the opportunity to regulate over-crowded apartments. There is nothing that says specifically how many people can live in one apartment. As a governing body you cannot tell the citizens who and how many people to rent their apartment to. We have a Zoning Ordinance already in place for illegal apartments and we do not need a new Ordinance. There are many items in the new Ordinance that are discriminatory and will not stand up in court, such as asking the ages of children, social security number, etc. This is not the way to solve illegal and overcrowding apartments by penalizing the law abiding citizens who rent apartments. This ordinance is for larger towns, not Kenilworth which is a small town. You cannot legislate the living area in a household. He asked the Council to rethink this Ordinance as this will not cure your problems.
Mayor David advised that Councilman Soos has a motion on the floor, seconded by Councilman Clementi. All in favor.
Councilman Taylor commented that the Council should close the public session and vote on tabling the Ordinance
Michael Kline asked the Council to exempt single homes and two family homes that are owner occupied. He advised that a similar Ordinance has already been adopted by the town Belmar, NJ and the Ordinance was upheld by the Appelette Court of NJ. He asked that the Council review and make some changes to the annual fee which is exorbitant, and suggested it be done on a rental to rental basis rather than a flat fee every year.
Unknown person addressed the Council. Unintelligible
Councilman Soos suggested that the apartment owners come up with three-man committee and meet with our Planning, Zoning and Ordinance people and we will try to come up with a solution. After you pick the 3 people to represent the landlords, have a meeting and get your questions together and we will all go over the questions and try to come up with a solution. You can make arrangements with Hedy to use the building for your meetings. We do not want to hurt the small people, the intent of this Ordinance is to protect the people of Kenilworth. We are trying to keep Kenilworth from having illegal apartments and to keep them safe.
Mayor David asked that a volunteer from the audience, on behalf of the landlords, meet with the Planning and Zoning Committee and has out the issues. There were many good points made tonight. The intent of this Ordinance was not to hurt the little guy, I am one of the little guys and this effects me just as much as it effects you. We feel strongly that something has to be done to address the issues that we’ve outlined. If there are not volunteers then we as the governing body will go back and try to address the issues we have presented, but it would be better to have cooperation from some landlords.
Mayor David closed the meeting to the public on Ordinance 2006-01
RESOLUTION NO. 10 – Second Reading Ordinance 2006-01 - TABLED
Motion to table Ordinance 2006-01 was made by Councilman Soos and seconded by Councilman Clementi. All in favor.
ORDINANCE 2006-01 IS TABLED
Mayor David advised the Facilities Committee is meeting next week. The Union County Improvement Authority will move forward on the Public Safety Building.
Councilman Taylor wished to congratulate Detective Zimmerman on his promotion to Seagerant
MEETING OPENED TO THE PUBLIC
Livio Mancino advised that Fred Soos’s motion for the Planning/Zoning Board and landlords to meet needs to go on record. If you just leave it in limbo, and it has no teeth then someone down the road could challenge it. For the betterment of Roberts Rules of Order, I think it would be in order to put that motion in force.
Mayor David advised that the motion was made and seconded to table the second reading of the Ordinance. There is no need for a motion forming the committee, everyone is in agreement that it is going to be done. We can’t force the public to form the 3 man committee. We have said we want to do it and hopefully we will get some volunteers to do it and if not the governing body will address it.
Kathi Fiamingo, 468 Sheridan Avenue. Ms Fiamingo asked if Mayor and Council are considering televising Council Meetings. She was advised by Mayor David that there has not been a consideration with all the other priorities in this Community and also TV 36 has not been working for the last month due to funding issues. Kathi asked Councilman Taylor to look into having the Board of Education look into televising the meetings.
Bob Wood, 19th Street, Kenilworth. For a number of years the residents of 19th and Monroe Avenues have been calling the Gas Company about the odor of natural gas. Nothing has ever been done to investigate this situation. Fortunately after 5 or 6 years, 2 very aware public works employees who were cleaning out storm catch basins caught the smell of the natural gas odor and the gas company fixed the leak. I would like to thank those two laborers.
Mayor David advised that he met with Kevin Lynott, the head of Governmental Affairs for Elizabethtown Gas, who is coming to the Boroughs work session on April 11, 2006.
Livio Mancino advised that the Council should have a motion to empower the public for a three person committee.
Livio Mancino advised that the Recreation Department has not filed a request for use of school facilities for the Summer. I recommend that Councilman Corvelli request the use of the facilities as soon as possible.
Bob Herbert, 363 Coolidge Drive. He requested the Council contact the police department and do a study on the corner of Park Drive and Commonwealth Drive. There was a variance under hardship to project a fence into the front yard set back, it was approved under the Hardship case. I have lived over in that area for a number of years and young drivers speeding and all the young children playing. The new house that is projecting out makes it more dangerous then it already is. I am requesting we do a traffic study and get that section to a 10 mile per hour zone or get some speed bumps to slow everyone down before we have an unfortunate accident.
Mayor David advised Mr. Herbert that the Police Chief is in the audience and is hearing this request and the matter will be discussed at a future time.
There being no further business to come before the Council, it was moved by Taylor, seconded by Clementi and carried, that the meeting be adjourned to the call of the chair.
9:20 P.M. Respectfully submitted,
Hedy Lipke, Borough Clerk
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