PLEDGE OF ALLEGIANCE REPORT OF OFFICERS AND …

Kearny Town Council 402 Kearny Avenue

Kearny, NJ 07032

Caucus / Regular Meeting www.kearnynj.org

~ Agenda ~ Jill E. Waller201-995-7400

Tuesday, June, 10, 2008 7:00 PM Kearny Town Hall

Kearny Town Council Page 1 Printed 7/18/2008

I. READ PUBLIC MEETING LAW ARTICLEII. Call to Order

7:00 PM Meeting called to order on June 10, 2008 at Kearny Town Hall, 402 Kearny Ave., Kearny, NJ.

PLEDGE OF ALLEGIANCEREPORT OF OFFICERS AND DEPARTMENT HEADS:

LIBRARY MONTHLY STATISTICAL REPORT FOR APRIL 2008.

LIBRARY DIRECTOR'S REPORT FOR MAY 2008.

TAX COLLECTOR'S MONTHLY REPORT FOR MAY 2008.

TAX COLLECTOR'S MONTHLY COMPARISON REPORT FOR MAY 2008.

ORDINANCES FOR INTRODUCTIONS: COUNCILWOMAN MC CURRIE

1. Ordinance 2008-27

AN ORDINANCE AMENDING SECTION 5-36.9 B (3) OF THE GENERAL ORDINANCES ESTABLISHING THE ANNUAL LICENSE FEE FOR MASSAGE, BODYWORK, AND SOMATIC THERAPY ESTABLISHMENTS.

2. Ordinance 2008-28

BOND ORDINANCE AMENDING BOND ORDINANCE #2007-O-73 OF THE TOWN OF KEARNY, IN THE COUNTY OF HUDSON, NEW JERSEY, FINALLY ADOPTED DECEMBER 11, 2007 IN ITS ENTIRETY.

ORDINANCES FOR 2ND READING: COUNCILWOMAN MC CURRIECONSENT AGENDA RESOLUTION

"ALL MATTERS LISTED WITH AN ASTERISK(*) ARE CONSIDERED TO BE ROUTINE AND NON-CONTROVERSIAL BY THE COUNCIL AND WILL BE APPROVED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCIL MEMBER OR CITIZEN SO REQUESTS, IN WHICH CASE THE ITEM WILL REMOVED FROM THE CONSENT AGENDA AND CONSIDERED IN ITS NORMAL SEQUENCE ON THE AGENDA AS PART OF THE GENERAL ORDERS"

*MINUTES TO BE APPROVED, PENDING ANY CORRECTIONS:*MOTION TO SUSPEND THE READING OF COMMUNICATIONS:RESOLUTIONS:

3. Resolution 2008-400

RESOLUTION AUTHORIZING TRANSFER OF BALANCES TO OPERATIONS IN ORDER TO BALANCE TAX COLLECTOR ACCOUNTING RECORDS, PER AUDITORS INSTRUCTION TO MAINTAIN PAPER TRAIL FOR OVERPAYMENTS.

4. Resolution 2008-401RESOLUTION REFUNDING OVERPAYMENT AGAINST WATER ACCOUNT NO.999-962-754 IN THE AMOUNT OF $135.42 FOR 148 WILSON AVENUE.

5. Resolution 2008-402RESOLUTION REFUNDING OVERPAYMENT AGAINST WATER ACCOUNT NO.999-946-485 IN THE AMOUNT OF $33.44 FOR 34 JEFFERSON AVENUE.


Caucus / Regular Meeting Agenda June 10, 2008


RESOLUTION APPROVING ENCROACHMENT AT 818 KEARNY AVENUE, BLOCK 124, LOT 1, FOR THE PURPOSE OF REPLACING FENCE.


RESOLUTION APPROVING ENCROACHMENT AT 580 CHESTNUT STREET, BLOCK 189, LOT 5B, FOR THE PURPOSE OF REPLACING A FENCE.


RESOLUTION GRANTING PERMISSION TO PSE&G COMPANY FOR AN EMERGENCY STREET OPENING AT 681 BELGROVE DRIVE.

9. Resolution 2008-406CONSENT RESOLUTION


RESOLUTION AUTHORIZING POLICE TO PARTICIPATE IN "OBEY THE SIGNS OR PAY THE FINES" PROGRAM SPONSORED BY NEW JERSEY DIVISION OF LAW & PUBLIC SAFETY.


RESOLUTION APPOINTING (4) FOUR SUMMER INTERNS AT $10.68 TO $11.22 PER HOUR FOR 19.5 HOURS A WEEK, NOT TO EXCEED BEYOND SEPTEMBER 1, 2008 PENDING PRE-EMPLOYMENT PROCESSING.


CHAPTER 159 RESOLUTION FOR THE AMOUNT OF $4,000.00 FROM THE NEW JERSEY DEPARTMENT OF LAW & PUBLICSAFETY FOR SPEED AGGRESSIVE DRIVING OVERTIME ENFORCEMENT 2008.

13. Resolution 2008-410CHAPTER 159 RESOLUTION FOR THE AMOUNT OF $20,000.00 FROM THE NEW JERSEY MEADOWLANDS COMMISSION FOR THE PURCHASE OF HYBRID VEHICLE FOR THE MUNICIPAL FLEET.

14. Resolution 2008-411RESOLUTION PROMOTING CHARLES KERR TO THE PERMANENT POSITION OF FIRE OFFICIAL, UFD, PURSUANT TO NJDOP CERT.#PL080824, EFFECTIVE JUNE 01, 2008 AT THE CURRENT SALARY OF $111,890.00


RESOLUTION APPOINTING JOHN DONAVAN TO THE PROVISIONAL POSITION OF FIRE PREVENTION SPECIALIST, UFD, EFFECTIVE JULY 01, 2008 PENDING PROMOTIONAL EXAM PROCEDURES AT THE CURRENT SALARY OF $89,222.00.


RESOLUTION AWARDING A PROFESSIONAL SERVICE CONTRACT TO HATCH MOTT MCDONALD, 27 BLEEKER STREET, MILLBURN, N.J., IN THE AMOUNT OF $35,900 TO DESIGN AND MANAGE THE PERMANENT REPLACEMENT AND INSTALLATION OF THE HEATING AND COOLING SYSTEM AT FIRE HEADQUARTERS.

17. Resolution 2008-414RESOLUTION APPOINTING TWELVE (12) PLAYLEADERS FOR THE SUMMER RECREATION PROGRAMS FROM JUNE 23 UNTIL AUGUST 15, 2008 AT THE RATE OF $7.15 PER HOUR FOR 35 HOURS PER WEEK, ALL PENDING PRE-EMPLOYMENT PROCESSING.


RESOLUTION AUTHORIZING THE REPAYMENT TO MARIA GONCALVES $136.05 IN TOWING CHARGES INCURRED AS THE RESULT OF ERRONEOUSLY POSTED NO PARKING SIGNS


Caucus / Regular Meeting Agenda June 10, 2008


RESOLUTION AUTHORIZING THREE (3) HOURS OVERTIME IN THE DEPARTMENT OF PUBLIC WORKS FOR ALARMS GOING OFF AT THE KEARNY MAIN LIBRARY.


RESOLUTION PURSANT TO N.J.S.A. 40A 12A-7(5) e REFERRING TO THE PLANNING BOARD FOR ITS RECOMMENDATIONS PROPOSALS FOR AMENDMENT TO THE SCHUYLER AVENUE REDEVELOPMENT PLAN AS IT APPLIES TO LOT 2B IN BLOCK 22


RESOLUTION PURSUANT TO N.J.S.A. 40A:11-24 EXTENDING THE BID OF CATEL INC. FOR 30 DAYS


RESOLUTION TO ENTER INTO CLOSED SESSION FOR DISCUSSION REGARDING TOWING FEES, SEASONAL HIRE IN DPW, EXEMPT EXECUTIVES EMPLOYEES SALARIES AND POLICE HIRES.


RESOLUTION APPOINTING A SEASONAL WORKER IN THE DPW AT HOURLY RATE OF $10.59 PR HR, PENDING PRE-EMPLOYMENT PROCESSING FOR A PERIOD NOT TO EXCEED BEYOND AUGUST 31, 2008.


RESOLUTION AUTHORIZING APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT AGREEMENT WITH NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT LAUREL AVENUE AND ELM STREET; WOODLAND AVENUE AND GRANT AVENUE, SEELEY AVENUE AND ELM STREET INTERSECTIONS (ID MA-2009 KEARNY TOWN-00391).


RESOLUTION AUTHORIZING APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR RESURFACING OF SELLER STREET ROADWAY PROJECT. (ID MA-2009-KEARNY TOWN-00386).

III. Public PortionIV. ResolutionsV. Ordinances

Kearny Town Council Meeting: 06/10/08 07:00 PM402 Kearny Avenue Department: Town AttorneyKearny, NJ 07032 Category: Ordinance

Prepared By: Maria MartinsADOPTED Initiator: Gregory Castano Sr.

Sponsors: Council Member Susan McCurrieORDINANCE 2008-27 DOC ID: 2265

Updated: 6/27/2008 11:21 AM by Maria Martins Page 1

AN ORDINANCE AMENDING SECTION 5-36.9 B (3) OF THE GENERAL ORDINANCES ESTABLISHING THE ANNUAL

LICENSE FEE FOR MASSAGE, BODYWORK, AND SOMATIC THERAPY ESTABLISHMENTS.

Be it ORDAINED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey, that the Revised General Ordinances be and hereby are amended as follows:

Section 5-36.9 of Chapter 5, Article 36, entitled “Massage, Bodywork and Somatic Therapies”, “Fees” is rescinded and revoked and replaced with the following

A. Upon submission of the initial application, each applicant shall pay a fee for processing of the application as follows:

(1) Therapist application - $25.00(2) Non therapist employee application - $25.00(3) Establishment application - $100.00

B. If the initial application is approved, for a license to be issued and for the annual renewal of each license, each licensee shall pay an annual fee as follows:

(1) Therapist license - $100.00(2) Non therapist license - $25.00(3) Establishment license - $500.00

C. In addition to the fees set forth in sections A and B, whenever a fingerprint check is required an applicant or licensee shall pay a fee for obtaining a State fingerprint check, equal to the rate permitted by the State for such a check.

I certify that the foregoing ordinance was introduced by the Mayor and Council on first reading on June 10, 2008, duly published according to law, and passed on second reading and final passage on June 24, 2008.

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Kearny Town Council Meeting: 06/10/08 07:00 PM402 Kearny Avenue Department: Town AttorneyKearny, NJ 07032 Category: Ordinance

Prepared By: Maria MartinsADOPTED Initiator: Gregory Castano Sr.

Sponsors: Council Member Susan McCurrieORDINANCE 2008-28 DOC ID: 2264


BOND ORDINANCE AMENDING BOND ORDINANCE #2007-O-73 OF THE TOWN OF KEARNY, IN THE COUNTY OF

HUDSON, NEW JERSEY, FINALLY ADOPTED DECEMBER 11, 2007 IN ITS ENTIRETY.

Section One. Bond Ordinance #2007-O-73 of the Town of Kearny, in the County of

Hudson (the “Town”), finally adopted December 11, 2007 is hereby amended in its entirety as

follows:

“BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL

IMPROVEMENTS OF THE TOWN OF KEARNY, IN THE COUNTY OF HUDSON,

NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,305.000

THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,136,370 BONDS OR NOTES

OF THE TOWN TO FINANCE PART OF THE COST THEREOF.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF KEARNY, IN

THE COUNTY OF HUDSON, NEW JERSEY (not less than two-thirds of all members

thereof affirmatively concurring) AS FOLLOWS:

Section 1. The several improvements described in Section 3 of this bond ordinance

are hereby respectively authorized to be undertaken by the Town of Kearny, New Jersey (the

“Town”) as general improvements. For the several improvements or purposes described in

Section 3, there are hereby appropriated the respective sums of money therein stated as the

appropriation made for each improvement or purpose, such sums amounting in the aggregate to

$1,305,000 including a $110,000 grant from the Hudson County Open Space Fund (the “Open

Space Grant”) and further including the aggregate sum of $58,630 as the several down payments

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Ordinance 2008-28 Meeting of June 10, 2008


for the improvements or purposes required by the Local Bond Law. The down payments have

been made available by virtue of provision for down payment or for capital improvement

purposes in one or more previously adopted budgets.

Section 2. In order to finance the cost of the several improvements or purposes not

covered by application of the several down payments and the Grants referred to in Section 1

hereof, negotiable bonds are hereby authorized to be issued in the principal amount of

$1,136,370 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds,

negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the

limitations prescribed by the Local Bond Law.

Section 3. The several improvements hereby authorized and the several purposes

for which the bonds are to be issued, the estimated cost of each improvement and the

appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each

improvement and the period of usefulness of each improvement are as follows:

Purpose Appropriation and Estimated __Cost__

Estimated Maximum Amount of Bonds or Notes

Period of Usefulness

a) The acquisition of a fire engine, including all related costs and expenditures incidental thereto.

$211,067 $201,000 10 years

b) Improvements in Municipal Building and Facilities, and upgrades to the Town Hall building, including all work and materials necessary therefor and incidental thereto.

$200,000 $190,000 10 years

c) The acquisition of hardware for the Municipal Information System Office, including document scanning and computer systems, including all related costs and expenditures incidental thereto.

$338,390 $321,500 5 years

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d) Computer and software upgrades for the police department, including all related costs and expenditures incidental thereto.

$249,888 $238,000 5 years

e) Upgrades to various parks, including all work and material necessary therefor and incidental thereto.

$195,655 $185,870 15 years

f) The purchase of property, located at 941 Passaic Avenue, including all related costs and expenditure incidental thereto.

$110,000 (includes a $110,000 grant from the Hudson County Open Space Fund)

$0 N/A

TOTALS $1,305,000 $1,136,370The excess of the appropriation made for each of the improvements or purposes aforesaid over

the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the

amount of the down payment for each purpose.

Section 4. All bond anticipation notes issued hereunder shall mature at such times

as may be determined by the chief financial officer; provided that no note shall mature later than

one year from its date. The notes shall bear interest at such rate or rates and be in such form as

may be determined by the chief financial officer. The chief financial officer shall determine all

matters in connection with notes issued pursuant to this ordinance, and the chief financial

officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All

notes issued hereunder may be renewed from time to time subject to the provisions of the Local

Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from

time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of

payment of the purchase price plus accrued interest from their dates to the date of delivery

thereof. The chief financial officer is directed to report in writing to the governing body at the

meeting next succeeding the date when any sale or delivery of the notes pursuant to this

ordinance is made. Such report must include the amount, the description, the interest rate and

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the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5. The Town hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the Town is

hereby amended to conform with the provisions of this ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has

been filed with the Division of Local Government Services.

Section 6. The following additional matters are hereby determined, declared, recited

and stated:

(a) The purposes described in Section 3 of this bond ordinance are not current

expenses. They are all improvements that the Town may lawfully undertake as general

improvements, and no part of the costs thereof has been or shall be specially assessed on

property specially benefitted thereby.

(b) The average period of usefulness, computed on the basis of the respective

amounts of obligations authorized for each purpose and the reasonable life thereof within the

limitations of the Local Bond Law, is 8.35 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly

prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has

been filed in the office of the Director of the Division of Local Government Services in the

Department of Community Affairs of the State of New Jersey. Such statement shows that the

gross debt of the Town as defined in the Local Bond Law is increased by the authorization of the

bonds and notes provided in this bond ordinance by $1,136,370, and the obligations authorized

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herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $55,000 for items of expense listed in and

permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the

purposes or improvements.

Section 7. Any grant moneys received for the purposes described in Section 3

hereof shall be applied either to direct payment of the cost of the improvements or, if other than

the Grants referred to in Section 1 hereof, to payment of the obligations issued pursuant to this

ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to

the extent that such funds are so used.

Section 8. The chief financial officer of the Town is hereby authorized to prepare

and to update from time to time as necessary a financial disclosure document to be distributed in

connection with the sale of obligations of the Town and to execute such disclosure document on

behalf of the Town. The chief financial officer is further authorized to enter into the appropriate

undertaking to provide secondary market disclosure on behalf of the Town pursuant to Rule

15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and

beneficial owners of obligations of the Town and to amend such undertaking from time to time

in connection with any change in law, or interpretation thereof, provided such undertaking is and

continues to be, in the opinion of a nationally recognized bond counsel, consistent with the

requirements of the Rule. In the event that the Town fails to comply with its undertaking, the

Town shall not be liable for any monetary damages, and the remedy shall be limited to specific

performance of the undertaking.

Section 9. The full faith and credit of the Town are hereby pledged to the punctual

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payment of the principal of and the interest on the obligations authorized by this bond ordinance.

The obligations shall be direct, unlimited obligations of the Town, and the Town shall be

obligated to levy ad valorem taxes upon all the taxable real property within the Town for the

payment of the obligations and the interest thereon without limitation of rate or amount.

Section 10. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.”

Section Two. The Town hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the Town is

hereby amended to conform with the provisions of this ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has

been filed with the Division of Local Government Services.

Section Three. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.

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Kearny Town Council Meeting: 06/10/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

ADOPTED

RESOLUTION 2008-400 DOC ID: 2259

Page 1

RESOLUTION AUTHORIZING TRANSFER OF BALANCES TO OPERATIONS IN ORDER TO BALANCE TAX COLLECTOR ACCOUNTING RECORDS, PER

AUDITORS INSTRUCTION TO MAINTAIN PAPER TRAIL FOR OVERPAYMENTS.

BE IT RESOLVED, by the Council of the Town of Kearny; that whereas various credits and /or overpayments appear on the Tax Collectors records for the tax years 2007 and 2008 as of June 10, 2008; and whereas the Tax Collector of the Town of Kearny wishes to transfer these credit balances to operations with the intent to maintain an efficient bookkeeping of the tax accounting records; and whereas it is in the best interest of the Town of Kearny that these balances be transferred to operations; therefore, be it

RESOLVED, by the Municipal Council of the Town of Kearny that the Tax Collector of the Town of Kearny be and is hereby authorized to transfer these balances to operations; and be it further

RESOLVED, by the Municipal Council of the Town of Kearny that these funds shall be made available by the Town Treasurer on a Legitimate claim on these credits or overpayments.

SEE ATTACHED SCHEDULE(As per Auditor’s instructions. This is a paper trail for overpayments.)

(Excel 7)

________________________ _______________________Sharon Curran Shuaib FirozviTax Collector CFO

ADOPTED: June, 10, 2008

I hereby certify that the foregoing resolution was adopted by the Council on June, 10, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-400

¨ Adopted¨ Adopted as Amended¨ Defeated¨ Tabled¨ Withdrawn

Yes/Aye No/Nay Abstain AbsentBarbara Sherry ¨ ¨ ¨ ¨Carol Doyle ¨ ¨ ¨ ¨ Laura Pettigrew ¨ ¨ ¨ ¨ Michael Landy ¨ ¨ ¨ ¨ Alexa Arce ¨ ¨ ¨ ¨ Susan McCurrie ¨ ¨ ¨ ¨ Eileen Eckel ¨ ¨ ¨ ¨ David Krusznis ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

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ADOPTED


Page 1

RESOLUTION REFUNDING OVERPAYMENT AGAINST WATER ACCOUNT NO.999-962-754 IN THE AMOUNT OF $135.42 FOR 148 WILSON AVENUE.

WHEREAS, the owner, George Rago, of water account 999-962-754 located at 148 Wilson Avenue, requests a refund due to an overpayment being applied to the account, which resulted in a credit balance of 135.42 due and owing, George Rago, as verified by the attachment herewith, and

WHEREAS, payments were applied by United Water to water account 999-962-754, and such amount was deposited into the Town of Kearny Water Fund Account at The Provident Bank, Kearny office, and

WHEREAS, it has been determined by the Finance Committee of the Town of Kearny that this payment is to be refunded to the authorized agent for this named water account, and

THEREFORE BE IT RESOLVED, by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that a warrant be drawn to the order of the following:Water Acct # Property Location Authorized Agent Amount of Refund999-962-754 148 Wilson Ave George Rago 122 Donaldson

Avenue Rutherford NJ, 07070-2202

$135.42



________________________ JILL E. WALLER

ACTING TOWN CLERK




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ADOPTED


Page 1

RESOLUTION REFUNDING OVERPAYMENT AGAINST WATER ACCOUNT NO.999-946-485 IN THE AMOUNT OF $33.44 FOR 34 JEFFERSON AVENUE.

WHEREAS, the seller, Anne Polansky, of water account 999-946-485, located at 34 Jefferson Avenue, requests a refund due to overpayments being applied to the account prior to the Final Bill adjustment, which resulted in a credit balance of $33.44 due and owing, Anne Polansky as verified by the attachment herewith, and

WHEREAS, payments were applied by United Water to water account 999-946-485, and such amount was deposited into the Town of Kearny Water Fund Account at The Provident Bank, Kearny office, and

WHEREAS, it has been determined by the Finance Committee of the Town of Kearny that this payment is to be refunded to the authorized agent for this named water account, and

THEREFORE BE IT RESOLVED, by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that a warrant be drawn to the order of the following:Water Acct # Property Location Authorized Agent Amount of Refund999-946-485 34 Jefferson Avenue Anne Polansky 78 Forest

Road New Providence, NJ 07974

$33.44



________________________ JILL E. WALLER

ACTING TOWN CLERK




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ADOPTED


Page 1

RESOLUTION APPROVING ENCROACHMENT AT 818 KEARNY AVENUE, BLOCK 124, LOT 1, FOR THE PURPOSE OF REPLACING FENCE.

WHEREAS, the owner of 818 Kearny Avenue, Block 124, Lot 1 in the Town of Kearny has requested permission of the Mayor and Council to encroach upon the Town's right of way, at the aforementioned premises, for the purposes of installing an Awning Sign at said premises; and

WHEREAS, the Town Engineer has advised that there is no engineering reason why permission could not be granted with the usual restrictions.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Town ofKearny, in the County of Hudson, that:1. The aforesaid recitals are incorporated herein as though fully set forth at length.2. A right and license be and is hereby granted to the owner of 818 Kearny Avenue,

Block 124, Lot 1, in the Town of Kearny to encroach upon the Town right of way at the above-noted location for the purpose of installing an Awning Sign however, to the following conditions:a) The encroachment shall be a maximum of 3 feet onto the town sidewalk.b) The said right and license shall be revocable at any time by resolution of the

governing body of the Town of Kearny;c) In the event the said right and license is terminated, the owner shall remove

said encroachment within thirty (30) days after notice of said termination isserved upon it, and restore the public right of way to its former condition;

d) Upon the owner's failure to do so, the Town may remove said encroachmentand charge the cost thereof to the owner; and

e) The said owner shall comply with all other applicable laws, ordinances andregulations of the State and Town of Kearny in connection therewith.

3. The Mayor and Town Clerk be and they are hereby authorized to execute any and all documents and to take any and all actions necessary to complete and realize the intent and purpose of this Resolution.

4. Said right and license shall be conditioned on said owner's written agreement to indemnify

and hold the Town of Kearny harmless against liability for any and all claims for damageto property or injury to persons arising out of or resulting from the issuance of said

licenseand owner's use of the property.

5. This Resolution shall take effect immediately.



________________________ JILL E. WALLER

ACTING TOWN CLERK

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Resolution 2008-403 Meeting of June 10, 2008

Page 2




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ADOPTED


Page 1

RESOLUTION APPROVING ENCROACHMENT AT 580 CHESTNUT STREET, BLOCK 189, LOT 5B, FOR THE PURPOSE OF REPLACING A FENCE.

WHEREAS, the owner of 580 Chestnut Street , Block 189, Lot 5B, in the Town of Kearny, has requested permission of the Mayor and Council to encroach upon the Town right of way for the purposes of extending a fence at said premises; and

WHEREAS, the Town Engineer, Construction Code have not yet advised if the said encroachment will interfere with the use of the public right of way by the general public.

NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Kearny, in the County of Hudson, that a right and license be and is hereby granted to the said owner of 580 Chestnut Street, Block 189, Lot 5B, to encroach upon the Town of Kearny right of way at the above noted location subject, however, to the approval of the Town Engineer, Construction Code, and Beautification Committee along with the following conditions:

1. That the said right and license shall be revocable at any time by resolution of the governing body of the Town of Kearny

2. That in the event the said right and license is terminated, the owner shall remove said Encroachment within thirty (30) days and return the public right of way to its former condition

3. Upon their failure to do so, the Town may remove said encroachment and charge the costs thereof to the Owner; and

4. That said right and license shall be conditioned on said owner’s agreement to indemnify and hold the Town of Kearny harmless against liability for any and

all claims for damage to property or injury to persons arising out of or resulting from the issuance of said license and owner’s use of the property:

5. This Resolution shall take effect immediately.BE IT FURTHER RESOLVED, that the Mayor and Town Clerk, respectively, are

hereby authorized to execute any documents that may be necessary in connection with the above noted right and license.



________________________ JILL E. WALLER

ACTING TOWN CLERK

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Page 2




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ADOPTED


Page 1

RESOLUTION GRANTING PERMISSION TO PSE&G COMPANY FOR AN EMERGENCY STREET OPENING AT 681 BELGROVE DRIVE.

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that the request of Public Service Electric & Gas Co. for the following road openings and sidewalk openings permits be and are hereby granted:

681 BELGROVE DRIVE, BLOCK 78, LOT 13.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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ADOPTED


Page 1

CONSENT RESOLUTION

WHEREAS, the Mayor and Council of the Town of Kearny has reviewed the Consent Agenda consisting of various proposed resolutions; and

WHEREAS, the Mayor and Council of the Town of Kearny is not desirous of removing any resolution for individual action from the agenda;

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Town of Kearny that the resolutions on the Consent Agenda are hereby approved and adopted.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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ADOPTED


Page 1

RESOLUTION AUTHORIZING POLICE TO PARTICIPATE IN "OBEY THE SIGNS OR PAY THE FINES" PROGRAM SPONSORED BY NEW JERSEY DIVISION OF LAW &

PUBLIC SAFETY.

WHEREAS, the Kearny Police Department is committed to keeping both the pedestrian and motoring public safe from those who chose to drive aggressively and disregard the rights of others through actions including but not limited to speeding, aggressive driving, obedience to signs; and

WHEREAS, the Kearny Police Department is committed to actively seeking out thosemotorists who violate the rights and safety of others and pledges to use all the enforcement remedies at its disposal to combat this problem for the good of the community, and

WHEREAS, the Kearny Police Department is requesting the assistance of the Mayor and Council and their support in it's campaign against Aggressive Drivers and the assistance of the State Department of Law and Public Safety and Division of Highway Safety in the form of both political support from the Council and monetary support from the State of New Jersey;

NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Kearny that the Kearny Police Department is hereby authorized to participate in the “Obey the Signs or Pay the Fines Program”, sponsored by the State of New Jersey, Department of law and Public Safety, Division of Highway Traffic Safety; and

BE IT FURTHER RESOLVED, that the Mayor and Town Clerk and any other necessary Town official or employee be and they are hereby authorized to execute any and all documents and to take any and all actions necessary to complete and realize the intent and purpose of this Resolution.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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Page 2

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ADOPTED


Page 1

RESOLUTION APPOINTING (4) FOUR SUMMER INTERNS AT $10.68 TO $11.22 PER HOUR FOR 19.5 HOURS A WEEK, NOT TO EXCEED BEYOND SEPTEMBER 1,

2008 PENDING PRE-EMPLOYMENT PROCESSING.

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that the following be and are hereby appointed to the part time seasonal position of Intern - Clerk Typist to work a maximum of 19.5 hours per week effective upon completion of pre-employment processing for a period not to exceed beyond September 01, 2008, at the current hourly rate as stated:

Sima Afayee $10.68Kyle Plaugic $10.68Paul Santos $10.68Robert Wnorowski $11.22



________________________ JILL E. WALLER

ACTING TOWN CLERK




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CHAPTER 159 RESOLUTION FOR THE AMOUNT OF $4,000.00 FROM THE NEW JERSEY DEPARTMENT OF LAW & PUBLICSAFETY FOR SPEED AGGRESSIVE

DRIVING OVERTIME ENFORCEMENT 2008.

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, NOW THEREFORE, BE IT RESOLVED, that the Council of the Town of Kearny, in the County of

Hudson, State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the fiscal year 2008 in the sum of $4,000 which is now available from:

Miscellaneous Revenues:Special Items of General Revenue AnticipatedWith Prior Written Consent of the Director of the Division of Local Government Services:

State and Federal Revenues Off-set with Appropriations:

Speed/Aggressive Driving Overtime Enforcement 2008in the amount of $4,000.

BE IT FURTHER RESOLVED, that the like sum of $4,000 is hereby appropriated under the caption of :General Appropriations:

(a) Operations Excluded from CAPSState and Federal Programs Off-Set by Revenues:

Speed/Aggressive Driving Overtime Enforcement 2008Other Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Law and Public Safety, Division of Highway Traffic Safety in the amount of $4,000.



________________________ JILL E. WALLER

ACTING TOWN CLERK

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ADOPTED


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CHAPTER 159 RESOLUTION FOR THE AMOUNT OF $20,000.00 FROM THE NEW JERSEY MEADOWLANDS COMMISSION FOR THE PURCHASE OF HYBRID

VEHICLE FOR THE MUNICIPAL FLEET.

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, NOW THEREFORE, BE IT RESOLVED, that the Council of the Town of Kearny, in the County of

Hudson, State of New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the fiscal year 2008 in the sum of $20,000 which is now available from:

Miscellaneous Revenues:Special Items of General Revenue AnticipatedWith Prior Written Consent of the Director of the Division of Local Government Services:

State and Federal Revenues Off-set with Appropriations:

NJ Meadowlands Commission MAP Grant Vehicles 2008in the amount of $4,000.

BE IT FURTHER RESOLVED, that the like sum of $20,000 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

NJ Meadowlands Commission MAP Grant Vehicles 2008Other Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the New Jersey Meadowlands Commission in the amount of $20,000.



________________________ JILL E. WALLER

ACTING TOWN CLERK

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RESOLUTION PROMOTING CHARLES KERR TO THE PERMANENT POSITION OF FIRE OFFICIAL, UFD, PURSUANT TO NJDOP CERT.#PL080824, EFFECTIVE JUNE

01, 2008 AT THE CURRENT SALARY OF $111,890.00

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that Charles Kerr be hereby appointed to the permanent position of Fire Official, UFD, pursuant to NJDOP certification #PL080824, effective June 01, 2008 at the current annual salary of $111,890.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION APPOINTING JOHN DONAVAN TO THE PROVISIONAL POSITION OF FIRE PREVENTION SPECIALIST, UFD, EFFECTIVE JULY 01, 2008 PENDING

PROMOTIONAL EXAM PROCEDURES AT THE CURRENT SALARY OF $89,222.00.

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that John Donavan be hereby appointed to the provisional position of Fire Prevention Specialist, UFD, pending promotional exam procedures by NJDOP and pre-promotional processing, effective July 01, 2008 at the current annual salary of $89,222



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION AWARDING A PROFESSIONAL SERVICE CONTRACT TO HATCH MOTT MCDONALD, 27 BLEEKER STREET, MILLBURN, N.J., IN THE AMOUNT OF

$35,900 TO DESIGN AND MANAGE THE PERMANENT REPLACEMENT AND INSTALLATION OF THE HEATING AND COOLING SYSTEM AT FIRE

HEADQUARTERS.

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, County of Hudson, New Jersey, that:

1. Hatch Mott McDonald, professional engineers, 27 Bleeker St., Millburn, N.J. 07041 be and hereby are retained to design and manage the permanent replacement and installation of the heating and cooling system (HVAC) at Fire Headquarters.

2. The retention is subject to the execution of a written contract approved by the Town Attorney.3. The Mayor and the Clerk are hereby authorized and directed to executed the same on behalf of

the Town.4. The maximum amount of the contract is $35,900. and funds are available as evidenced by the

certification of the Chief Financial Officer.5. This contract is awarded without competitive bidding as a “Professional Service” in

accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by persons authorized by law to practice a recognized professional that is regulated by law.

6. A notice of this action shall be printed once in the Jersey Journal.I hereby certify that funds are available in line item fund code C-30-07-030-004.

__________________________SHUAIB FIROZVI, CFO



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION APPOINTING TWELVE (12) PLAYLEADERS FOR THE SUMMER RECREATION PROGRAMS FROM JUNE 23 UNTIL AUGUST 15, 2008 AT THE RATE OF $7.15 PER HOUR FOR 35 HOURS PER WEEK, ALL PENDING PRE-

EMPLOYMENT PROCESSING.

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that the following names be and are hereby appointed to the seasonal position of Recreation Playground Playleaders in the Department of Recreation at the hourly rate of $7.15, effective June 23, 2008 to August 15, 2008, 35 hours per week, pending successful completion of pre employment processing.

Recreation Playground Playleaders

Cordeiro, Sophia Pinto, RandyGross, Kelly Postel, CharlesKiely, Jaclyn Rozzelle, ArthurKozlowski, Jessica Silpach, JohannaMaass, Danielle Soto, CindyPearsall, Adam Torres, Haydee



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION AUTHORIZING THE REPAYMENT TO MARIA GONCALVES $136.05 IN TOWING CHARGES INCURRED AS THE RESULT OF ERRONEOUSLY POSTED

NO PARKING SIGNS

Whereas, the no-parking signs posted by Smith Sondy Corporation which was performing utility water main repairs at the intersection of Kearny and Johnston Avenues contained incorrect information as to the hours and dates of suspended street parking,

Whereas, Maria Goncalves of 14 Pamven Terrace, Washington Township, NJ thereby unfairly incurred towing charges in the amount of $136.05, now, therefore be it

RESOLVED by the Mayor and Council of the Town of Kearny, County of Hudson, New Jersey, that:

1. The Chief Financial Officer be and hereby is authorized to pay the sum of $136.05 to in reimbursement for the towing charge she incurred by reason of the wrongful data on the posted no-parking signage.

2. The Town Engineer is hereby directed to recover the said sum from the Contractor who posted the erroneous signage.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION AUTHORIZING THREE (3) HOURS OVERTIME IN THE DEPARTMENT OF PUBLIC WORKS FOR ALARMS GOING OFF AT THE KEARNY

MAIN LIBRARY.

RESOLVED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that the request for 3 hours of overtime for alarms going off at the main library within the Department of Public Works be and is hereby approved.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION PURSANT TO N.J.S.A. 40A 12A-7(5) e REFERRING TO THE PLANNING BOARD FOR ITS RECOMMENDATIONS PROPOSALS FOR

AMENDMENT TO THE SCHUYLER AVENUE REDEVELOPMENT PLAN AS IT APPLIES TO LOT 2B IN BLOCK 22

WHEREAS, Lot 2B in Block 252 on the Tax Map is located partially within the Mixed Use District and partially within the Light Industrial District of the Schuyler Avenue Redevelopment Plan area.

WHEREAS, the owner of the said property which consists of approximately 7.53 acres has submitted a proposal for redevelopment of the property.

WHEREAS, the proposal for redevelopment would require revisions or amendments to the Plan, now, therefore, be it.

RESOLVED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that:

1. Pursuant to N.J.S.A. 40A:12A-7(5)e, there is referred to the Planning Board for its recommendations proposals for amendment of the Schuyler Avenue Redevelopment Plan. The proposals are embodied in Schedule A attached to this resolution. 2. The referral shall be effective as of the date that the property owner executes a redevelopment agreement with the Town in a form acceptable to the Town Attorney.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION PURSUANT TO N.J.S.A. 40A:11-24 EXTENDING THE BID OF CATEL INC. FOR 30 DAYS

WHEREAS, N.J.S.A. 40A:11-24 provides that the bids of any bidder who consents to an extension may at the request of the contracting unit be held for such long a period as may be agreed upon,

WHEREAS, Catel, Inc. has agreed to extend its bid for the Fieldhouse #2 Project at Harvey Field, now therefore be it

RESOLVED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that the bid of Catel Inc. for the Fieldhouse #2 Project at Harvey Field be and hereby is extended for an additional 30 days.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION TO ENTER INTO CLOSED SESSION FOR DISCUSSION REGARDING TOWING FEES, SEASONAL HIRE IN DPW, EXEMPT EXECUTIVES

EMPLOYEES SALARIES AND POLICE HIRES.

WHEREAS, the Open Public Meetings Law, N.J.S.A. 10:4-12, et seq., allows the holding of closed meetings by public bodies of the State of New Jersey on the following subjects: towing fees; seasonal laborer; Police hires; and

WHEREAS, the Mayor and Council of the Town of Kearny intend to hold a closed meeting relating the aforesaid subject matters; and

NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Kearny shall meet in closed session on June 10, 2008 at 9:00 p.m. to discuss the above subject matters; and

BE IT FURTHER RESOLVED, that the minutes reflecting said meeting and discussions held thereon shall be made public on or about six (6) months after the date of this closed meeting or at the conclusion of such matters as discussed at said closed meeting.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION APPOINTING A SEASONAL WORKER IN THE DPW AT HOURLY RATE OF $10.59 PR HR, PENDING PRE-EMPLOYMENT PROCESSING FOR A

PERIOD NOT TO EXCEED BEYOND AUGUST 31, 2008.

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that the following be appointed to the seasonal position of Laborer, in the Department of Public Works, to work 35 hours per week plus additional 18 hours if necessary to open and close playgrounds, the currently hourly rate of $10.59, effective upon completion of pre-employment processing for a period not to exceed beyond September 30, 2008. Jesse Altman



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION AUTHORIZING APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT AGREEMENT WITH NEW JERSEY DEPARTMENT OF

TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT LAUREL AVENUE AND ELM STREET; WOODLAND AVENUE AND GRANT AVENUE,

SEELEY AVENUE AND ELM STREET INTERSECTIONS (ID MA-2009 KEARNY TOWN-00391).

WHEREAS, the Town of Kearny is eligible to receive funding under the NJ Department of Transportation Program for Local Municipal Assistance; and

WHEREAS, the Town of Kearny has identified the need for improvement for Traffic Signals at Laurel Avenue and Elm Street, Woodland Avenue and Grant Avenue, Seeley Avenue and Elm Street Intersections, Kearny, N. J.

NOW, THEREFORE, BE IT RESOLVED that Council of Town of Kearny formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor of the Town of Kearny and Clerk are hereby authorized to submit an electronic grant application identified as MA-2009-KEARNY TOWN 00391 to the New Jersey Department of Transportation on behalf of Town of Kearny.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of Town of Kearny and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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RESOLUTION AUTHORIZING APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT

OF TRANSPORTATION FOR RESURFACING OF SELLER STREET ROADWAY PROJECT. (ID MA-2009-KEARNY TOWN-00386).

WHEREAS, the Town of Kearny is eligible to receive funding under the NJ Department of Transportation Program for Local Municipal Assistance; and

WHEREAS, the Town of Kearny has identified the need for improvement for the Resurfacing of Seller Street, Kearny, N. J.

NOW, THEREFORE, BE IT RESOLVED that Council of Town of Kearny formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor of the Town of Kearny and Clerk are hereby authorized to submit an electronic grant application identified as MA-2009-KEARNY TOWN-00386 to the New Jersey Department of Transportation on behalf of Town of Kearny.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of Town of Kearny and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.



________________________ JILL E. WALLER

ACTING TOWN CLERK




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