Council Minutes from 4/23/2008



Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella,  Lawrence Clementi, Anthony DeLuca, Brian Joho, 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


It was moved by Councilman Joho, seconded by Councilman Candarella, and carried that the minutes of the Work Session Meeting of April 8, 2008 and the Regular Meeting of April 9, 2008  be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)



1.                  Letter from Susan Kotch resigning from the Board of Health, effective immediately, as she is moving out of town.

2.                  Letter from residents of Maplewood Avenue asking that their street be repaved as it has never been repaved and is full of potholes and is not graded correctly.

3.                  The Hearing on the 2008 Municipal Budget will be at the Council Meeting of May 14th.

4.                  A Special Council Meeting will be held on Wednesday, May 7, 2008 at 7:00 P.M. to confirm Curb Assessments on various streets.


1.             Municipal Court Report for the month of March, 2008.

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




Mayor Fiamingo reported on Sunday, April 27th the Beautification Committee will be holding its spring clean up which they hope to have as an annual affair.  She asked anyone who would like to mulch or plant flowers to come to Borough Hall about 8:00 AM.  She said that if you are not an early riser to please come a little later because they will probably be there for most of the morning into early afternoon.  She gave her sincere thanks to John Hartmann for donating the mulch and Schering-Plough for donating the flowers, they have assured us they will be available by the end of the week for the planting on Sunday. 

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The Mayor reported the Council had a pre-submission meeting on April 15th for architects who were interested in submitting requests for qualifications for the construction of the public safety building.  She said there was a good showing of 11 firms and they have received 9 submissions.  The committee will be reviewing those submissions and paring them down to a select group for future consideration. 


Councilman Joho reported yesterday during the Work Session they were updated by the Borough Engineer, Richard O’Connor as to the status of the 2007 Capital Projects as well as briefed on the cost of some proposed 2008 Capital Projects.  They also reviewed the 2008 Capital requests submitted by the Department Heads.  The 2007 Road Project which was approved late last year will be going out to bid shortly.  Curb replacement along the south side of the Boulevard will be part of the County’s Boulevard repaving project this year.  The cost of paving roads has increased considerably and is now estimated that a cost to repave and curb an average length street is around $250,000.  In our 2008 Municipal Budget we have allocated $50,000.00 to the Capital Account which represents a 5% down payment on the total capital spending of one million dollars which will be bonded once the Capital Budget is approved.

Mayor Fiamingo clarified that the County has agreed to do the curbing at our request and our cost.  Curbs are not generally part of the project.


Councilwoman Sosnosky had nothing to report.


Councilman Pugliese reported that on the Consent Agenda is a Resolution hiring an additional School Crossing Guard to act as an alternate.  The Police Chief, the Governing Body and the Mayor feel the Borough should have a sufficient amount of crossing guards to insure that our children get to and from school safely.  The applicant is a 32 yr. resident of the Borough. Councilman Pugliese said Police Chief Dowd requested that he read the following press release.  “The Kenilworth Police Department is conducting a drive to collect goods to send to a Marine Unit in Iraq.  Kenilworth resident Joe Sicorkis, age 26 is a marine sergeant who grew up in Kenilworth and he recently contacted Police Chief William Dowd asking if certain items can be shipped to him in Iraq for his platoon.  As a result, Chief Dowd has organized a drive to take place from May 1st thru May 8th.  Items can be dropped off at Police Headquarters at any time during this time period.  Items being requested are non-melting snacks such as beef jerky, trail mix, cookies, dried fruit and Rice Krispy treats.  Also you may drop off instant green tea that the soldiers use to mix into their water, sun block or foot powder.  Sgt. Szkorkis has also requested white socks as the soldiers go through a great amount of socks as a result of the sand, heat and humidity that exists in Iraq. The Kenilworth PBA and Kenilworth Silver Card Association has offered to pay for the shipping costs.  Chief Dowd stated the drive is only for a week because the last time a drive was organized for the victims of hurricane Katrina the department was overwhelmed with goods for those victims because of the generosity of Kenilworth residents and businesses.  Chief Dowd stated what better way to support our fighting troops in Iraq then to send needed goods to our soldiers especially when it has been requested by one of our own. 

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Chief Dowd praised the PBA and the Silver Card Association for their generous offer to cover the shipping”.  Councilman Pugliese added on behalf of the Governing Body and Mayor  that if  anyone can find the time and resources to  contribute a little something to this platoon in Iraq, who are out there fighting for our safety and freedom, it would be great.

Councilman Pugliese congratulated a group of 5th graders from St. Theresa’s and Harding School that attended a 15 week training course in the “Just Say No to Drugs and Alcohol and Violence Program” which is part of the Dare Program which is overseen by the Kenilworth Police Department.  This training is given to 5th graders to help them get through the more troubled time period in their teenage years.  The 15 weeks of training and education is culminating tomorrow night in a graduation ceremony at 7:30 at Harding School.


Councilman Candarella reported there is no updated news on the Master Plan.  The Planning Board and Construction Department have no major issues. The Senior Handyman Program is winding down and is almost out of money. They are trying to figure out how much money is left. There was a 5,000.00 grant. Per the request of Bob Herbert, our Zoning Officer, the County removed and trimmed some trees on the south side of the Boulevard from 19th Street to Shady Lane and it looks very nice.  He stated he filled in for the Mayor and celebrated with the AME Church of Kenilworth and the new Reverend, Vanessa Perry. He said Reverend Perry and her husband are looking forward to becoming active residents in our Borough.  They will be at clean up day on the Boulevard.  On behalf of the Mayor and Council, he wished them good luck.


Councilman Clementi stated the Recreation softball season is up and running. The Recreation Committee is reviewing applications for the Summer Parks Program.  He read the March Report from Chief Giordino.  During the month of March the Fire Department responded to 36 fire calls, traveled 189 miles, utilizing 421 man hours.  Additionally the Fire Department utilized 260 man hours for training drills and work details.  The Rescue Squad responded to 78 EMS calls, traveled 830 miles, utilizing 340 man hours.  Additionally the Rescue Squad utilized 150 man hours for training drills and work details.  The total calls for Fire Department and Rescue Squad was 114. Total emergency man hours 761. Total miles traveled 1019, total non-emergency man hours 375 with a grand total of man hours of 1156. On Sunday, May 4th 11:00 am to 4:00 pm the Fire Department is having an open house. This event is for the kids to come and have a good time. They will have hot dogs, hamburgers and soda.  Fire Chief Giordino asked to have the following letter from the Scuorzo Family addressed to the members of the Kenilworth Volunteer Fire Department and Rescue Squad.  “On behalf of my family I would like to thank you for the loyalty and compassion you showed to my husband John throughout his 35 years and his final days.  He was extremely proud to be part of the department and he especially liked to keep the trucks sparkling and enjoyed getting them ready for the town parades. He loved all the friendships he made over the years and he would have been touch by all of you who gave him such a wonderful final tribute both at the funeral home, church and his final ride through out the Town of Kenilworth, even though it rained.  I will be forever grateful to the Kenilworth Rescue Squad, who made it possible for me to attend my husband’s funeral.  Having been in the hospital for surgery followed by a rehab facility, the only way I could travel was by ambulance.  The staff assigned to me that day never left my side from the rehab facility to the funeral home to the church, the grave side and back to the rehab center.  My gratitude is

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immeasurable.  Our Town of Kenilworth should be grateful and proud to have such a great group of men and woman who give their time and energy to help keep us safe. Sincerely, Nancy Scuorzo. 


Councilman DeLuca reported the Library needs assessment survey has been completed and it will be about two weeks before a draft can be submitted.  The 2008 Bard on the Boulevard will be this Friday at 7:30, pre registration is required and can be done by calling 276-2451.  A one-man play “The Report Of My Death” by Mark Twain will be held on Friday evening, May 2nd.  The children’s department will present a program by the Butterfly Guy on Saturday, May 3rd.  The Board of Health Meeting is May 15th.  Councilman DeLuca wished good luck to Sue Kotch who was on the Board of Health and the Friends of the Library and she was an intrical  part of both organizations and she will be missed.




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.

Councilman Clementi moved that all items under Consent Agenda be approved, seconded by Councilman Candarella.   Upon roll call the vote was unanimous.


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




Be It Hereby Resolved:       

WHEREAS, a fee has been collected for removal of 1 refrigerator & 1 freezer in the amount of $50.00 and,

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

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

draw a warrant in the amount of $50.00 payable to the order of:


Hannah Ferraioli

137 North 24th Street.

Kenilworth, NJ  07033



Be It Hereby Resolved:

WHEREAS, the following property was issued a permit, and fees were received by the Building Department;

WHEREAS, it has been determined that the work will not be done.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to:

            Amount of $37.00 to contractor:

                        Oil Tank Services

                        715 Central Avenue

                        Westfield, NJ  07090

                        For the following permit #08-00087

                                                                Block 147, Lot 32

A Novielli

221 Faitoute Avenue



WHEREAS, the Rahway Valley Sewerage Authority desires to provide for the orderly development of wastewater facilities within 20 years; and

WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) requires that proposed wastewater treatment and conveyance facilities and wastewater treatment service areas, as well as related subjects, be in conformance with an approved WQM plan; and

WHEREAS, the NJDEP has established the WQM plan amendment procedure as the method of incorporating unplanned facilities into a WQM plan; and

WHEREAS, a proposed WQM amendment noticed in the New Jersey Register on March 17, 2008 for the Rahway Valley Sewerage Authority Wastewater Management Plan has been prepared by Paulus, Sokolowski and Sartor, LLC;

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NOW, THEREFORE, BE IT RESOLVED on this 23rd day of April 2008, by the Governing Body of the Borough of Kenilworth that;

1.                  The Borough of Kenilworth hereby consents to the amendment entitled Rahway Valley Sewerage Authority Wastewater Management Plan and publicly noticed on March 17, 2008, prepared by Paulus Sokolowski and Sartor, LLC, for the purpose of its incorporation into the applicable WQM plan(s).

2.                  This consent shall be submitted to the NJDEP in accordance with N.J.A.C. 7:15-3.4.

I do hereby certify that the foregoing is a true copy of a Resolution passed by the Governing Body of the Borough of Kenilworth at a meeting duly held on April 23, 2008.




WHEREAS, Resolution #14 was adopted on April 9, 2008, which authorized Borough Attorney Harvey Fruchter to begin “in rem” foreclosures on various tax sale certificates the Borough of Kenilworth owns; and

WHEREAS, some of the original Tax Sale Certificates cannot be located, requiring that it be replaced in order to record and  begin the foreclosures; and

NOW, THEREFORE, BE IT RESOLVED, on this 23rd day of April, 2008 that the Tax Collector is hereby authorized to issue duplicate Tax Sale Certificates on the below listed properties.

Block               Lot             Certificate #                             Property Location

19                    10                    65-3                                         302 No. Michigan Ave.

34                    2                      60-1                                         230 No. 16th Street

101                  26                    75-2                                         385 Coolidge Dr. Rear

101                  27                    756-1                                       385 Coolidge Dr. Rear

101                  28                    75-3                                         385 Coolidge Dr. Rear

101                  29                    75-4                                         385 Coolidge Dr. Rear

101                  36                    58-17                                       355 Coolidge Dr. Rear

101                  37                    58-16                                       355 Coolidge Dr. Rear

101                  38                    58-15                                       351 Coolidge Dr. Rear

101                  39                    58-14                                       347 Coolidge Dr. Rear

101                  40                    86-1                                         341 Coolidge Dr. Rear

113                  32                    69-3                                         67 So.19th St.

119                  14                    69-2                                         56 So. 24th St.

134                  28                    67-3                                         108 So. 25th St.

154                  2                      342                                          664 Vernon Ave.

159                  12                    70-1                                         739 Woodland Ave.

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WHEREAS, a fee has been collected for removal of 1 refrigerator 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:


Ralph Candelieri

155 South Michigan Avenue

Kenilworth, NJ  07033


WHEREAS, it is anticipated that the Borough of Kenilworth will not be able to adopt its budget sufficiently in advance of the third quarter tax due date of August 1, 2008; and

WHEREAS, the Borough of Kenilworth has determined that there will be insufficient cash flow to support operations in late July without third quarter revenue being received on time;

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of  Kenilworth as follows:

  1. The Tax Collector be and is hereby directed to take all necessary steps to send out             

estimated bills for the third quarter 2008 in accordance with the provisions of

NJSA 54:4-66.2 et seq.

  1. That the Chief Financial Officer has reviewed the permissible tax levy range and

found the range should be set at 1.045% of the previous year’s tax levy. (2007 Tax Levy $30,084,418.51 x 1.045% = $31,438,218.38 or a tax rate of $3.56)

  1. That the Tax Collector take any and all additional steps to implement the substance of this resolution.


Be It Hereby Resolved:   That Agnes Andriola be appointed an Alternate School  Crossing Guard for the year 2008 effective May 1, 2008.


WHEREAS, Motorcycle riding is a popular form of recreation and transportation for thousands of people across the State and the union; and

WHEREAS, A growing number of New Jersey citizens are choosing motorcycles as an alternative mode of transportation; and

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WHEREAS, Motorcycles are convenient, provide fuel economy benefits to the environment, reduce traffic and parking congestion, and provide enjoyment to their riders; and

WHEREAS, Many automobile drivers do not anticipate routine encounters with motorcyclists in traffic; and

WHEREAS, All motorists need to operate with caution near motorcycles as they lack the protective armor of and are less visible than trucks and automobiles which increases the risk of serious accidental injury and death for motorcyclists; and

WHEREAS, In recent years, more than half of all motorcycle fatalities involved a crash with another type of vehicle; and

WHEREAS, Because a motorcyclist is more likely to die in a crash than an automobile driver or passenger, an increased knowledge and awareness of motorcyclists can lessen the occurrence of injuries and fatalities to motorcyclists; and

WHEREAS, Due to the increased number of motorcycles on the roads and highways of our State and because motorcycle awareness and safety is a concern to all, it is appropriate to set aside a time to alert all motorists to the number of motorcyclists on the roads and to help motorists become aware of the safety concerns of motorcyclists; and

WHEREAS, In light of all these factors, it is important to heighten motorcycle awareness;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the month of May, 2008 be designated MOTORCYCLE AWARENESS MONTH in the Borough of Kenilworth.


Proposed Ordinance No. 2008-06 was read for the second and final reading as follows: (Copy appears in minutes of  March 26, 2008)



Mayor Fiamingo stated this is an Ordinance that increases the fees for fingerprinting of an individual obtaining a firearm. She asked if anyone wished to comment on this ordinance to please step forward, state their name and address for the record.

Seeing no one she closed the meeting on Ordinance 2008-06

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Introduced by Fred Pugliese, adoption by same

Seconded by Lawrence Clementi

Be It Hereby Resolved:  That Proposed Ordinance No. 2008-06, be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call all in favor.


Proposed Ordinance No. 2008-07 was read for the second and final reading as follows: (Copy appears in minutes of March 26, 2008)



Mayor Fiamingo stated this Ordinance that increases the fees allowing for a $25.00 fee to be charged by the Police for fingerprinting for other general items. The Mayor asked if anyone wished to comment on this ordinance to please step forward, state their name and address for the record.

Seeing no one, the Mayor closed the meeting to the public on Ordinance 2008-07.


Introduced by Fred Pugliese, adoption by same.

Seconded by Lawrence Clementi

Be It Hereby Resolved:   That Proposed Ordinance No. 2008-07, be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call all in favor.



Mayor Fiamingo stated that today is “Be Nice to your Administrative Assistant”.  She thanked all the employees in the Borough who do such a wonderful job and help us as well as the residents out every day.  She said she appreciates all that Mrs. Lipke and Mrs. Moschitta and all the other clerks do.

The Mayor stated she was not able to attend the celebration but she welcomed Reverend Vanessa Perry and St. Paul’s AME Church.  


Mayor Fiamingo said the budget hearing is on May 14th and if anyone has any questions or concerns about the budget to please come to the meeting.  She urged residents to help out with

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donations for the soldiers in Iraq. Kenilworth has always been wonderful in donating for good causes and she knows that we will have a very good turnout.

Councilman Joho made a motion to open the meeting to the public, seconded by Councilwoman Sosnosky.


Debbie Christian, 43 Commonwealth Road – Ms. Christian submitted a petition to change the parking requirements for small businesses.  She stated that one of the small businesses on 20th Street was asked to remove several of their tables from their establishment and it has put a damper on their business. It is a place that she frequents everyday. She said this is pushing people away from these businesses and Kenilworth should be trying to promote businesses to stay in Kenilworth.  She said if the business fails then it is bad for Kenilworth.  Mayor asked Ms. Christian if the thrust of the petition was to change the parking requirements for small business? Ms. Christian said yes.  Mayor Fiamingo said she would ask Councilman Candarella to bring it to the Planning Board, she also said the Mayor and Council would consider the matter.

Linda Oliva, 135 South Michigan Ave. – She thanked the Mayor and Council for putting the meetings on the TV Channel.  She said there is a problem at DiMario Park with unleashed dogs.  She said the signs that are up in the park say that unleashed dogs are against a town Ordinance and there is a fine.  She said the signs are at the 3 entrances  to the park but they are not visible. She said there are a lot of children in the Park at this time of year and although she is not against anyone walking their dogs, you never know how a dog is going to respond when children are running around. She asked for the signs to be replaced so that people can read them. Mayor Fiamingo stated she will refer the matter to the Board of Health.

Bob Herbert, 363 Coolidge Drive – Mr. Herbert said there are a handful of businesses on the right hand side of North 20th Street that have been in Town for a long time and they are well established and a lot of residents go into the Italian restaurant, flower shop and the hair salon and they have trouble parking.  He said most of them are family businesses that are very successful and they keep their establishments very clean and they treat their customers very nice.  He asked the Mayor and Council to look into the situation and help them out because they have no parking.  He said if we keep enforcing our table and chair regulation with parking spaces they will all be out of business and Kenilworth will have a lot of empty stories.  Mr. Herbert reminded everyone that the Town Cleanup will be this Sunday in front of the Recreation Center.  Frank Loccerira has organized this clean up and we are hoping to continue it every year.  Last year was very successful. He said Frank organized this event to show appreciation of being a resident of Kenilworth and to help the DPW who work very hard. 

Pat Cameron, 445 Sheridan Avenue – Mrs. Cameron stated she came twice to speak to Mr. Herbert regarding a driveway to be put into the front of her home.  She has a driveway on the side of her house but she is told there is a new ordinance that only permits one driveway for single family home.  She said her home is on the corner of Sheridan and North 17th. There is no driveway in the front of her home but there is one at the very backside of her home.  She said that since her husband became blind it is very difficult for him to go all the way around the home to get into the house.  If they could have a driveway on her property which is 100 x 100 it would be a 15-20 ft. walk instead of a 50-80 ft. walk.  Mayor Fiamingo said she will look into the

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Ordinance because she is not familiar with this particular Ordinance as to what restrictions there are for driveways.  The Mayor asked Councilman DeLuca if it was accurate that  a single family can only have one curb cut. He said that if you cite hardship there is a RSIS and also there is impervious lot coverage.  The Mayor stated she will look into it but she said she does not know if this is the appropriate forum for it but she will speak to the Council but she may have to go to the Board of Adjustment.   Ms. Cameron submitted a drawing and gave the Mayor a copy of where the new driveway would be.  The Mayor asked how far in from the corner is she considering putting the driveway?  Ms. Cameron stated anywhere from 60-70 ft. from the corner. She said she is on a 100 ft. x 100 ft. and it is beyond the house and where the fence is.

Mayor Fiamingo said hopefully it is the Governing Body that would consider it and we will give you a response.  She said if you have to go the other way it is more complicated and expensive.

Curtis Dick, 133 North 24th Street – Mr. Dick stated he is here tonight to speak about two things.  He said two weeks ago his block had an issue with sewer back ups.  He said he noticed it on Saturday and he called Councilman Clementi.  Councilman Clementi called the DPW and within an hour they fixed the problem.  The second thing is an issue he had with the Zoning Officer in regards to a complaint he signed against a neighbor having to do with an Ordinance for fences.  He said the Town has an Ordinance about fences in the front yard of property, both mechanical and natural fences.  Natural fences being allowed to be a height of 4 ft.  His complaint is that his neighbors are about 7 ft. and it is effecting the quality of his life as his wife cannot watch his daughter riding the bike down the street without getting up and walking down to the curb to see her down the end of the street.  He said he signed a complaint and the Zoning Officer informed him that this matter was brought up before the previous Zoning Officer.  Mr. Dick said he never filed a formal complaint. He said the Zoning Officer came and made them take a couple of bushes out and he did not press the issue.  He said last year he was on the Planning Board and this Ordinance was discussed along with enforcement issues.  He said the new Zoning Official stated the last Zoning Official approved the bushes to the front yard.  He said he learned from the classes he took for the Planning Board that the only way to get around variances is to file for a variance and the Planning Board has to approve that.  Mr. Dick said when he questioned the Zoning Officer as to this procedure that as the Zoning Official he should know that is the proper channel to go around a standing Ordinance.  The Zoning Official then stated that this is the way it stood and if he wanted to pursue it he should address the problem with someone else because that was all he was going to do.  He said the lady that spoke before him was asking about driveways and there are many violations right on the Boulevard. He said as he was driving down the Boulevard today and there were two driveways under construction, one has yellow tape around it and one has pavers, they are single car driveways that look to be double width driveways. He did not think they had applied for variances.  He said there are many fence violations he said just drive down  Lincoln Drive and you will see many fences that are in violation of the fence Ordinance.  There are white fences with lights on the end and it is against the code.  He said there are so many bushes that are 7, 8 and 10 ft. high between properties that go right down to the street.  He does not want that to occur on his street.   His problem is that he cannot see his daughter ride down the street because of the bushes. His problem with the Zoning Officer is that when he mentioned about the driveways and the fences going up, he told him that is not his job and he is not paid to drive around and look for problems.  He said that he thought the reason the Borough has separate Zoning Official and Construction Official was to allow more time to take care of these things.  He said the Town is redrafting the Ordinance Book but no one is enforcing the Ordinance.  He said he does not expect the Zoning Official to knock on doors for problems but there are a lot of problems right out in the open and if he doesn’t see

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the violations he should at least address the obvious violations that are being reported.  Mayor Fiamingo stated she will look into it.  She could not give him an answer right now.  Mr. Dick asked what is the Zoning Officers job?  The Mayor stated that his job is to enforce the rules and if his impression is that it has already been addressed then… Mr. Dick asked if the Zoning Officer has the responsibility to ride around and look for violations?  The Mayor responded that his job is not full time. Mr. Dick said he could drive around for one hour and come up with 25 obvious violations. He said a lady came tonight to do the right thing in asking for a variance for a hardship case and is being denied when there are obvious violations all over town.  The Mayor said she does not know if and neither does Mr. Dick know if they have variances. 

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

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

8:40 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  



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