Kearny Town Council 402 Kearny Avenue

Kearny, NJ 07032

Caucus / Regular Meeting www.kearnynj.org

~ Agenda ~ Jill Waller

Wednesday, February, 13, 2008 7:00 PM Kearny Town Hall

Kearny Town Council Page 1 Printed 2/19/2008

I. READ PUBLIC MEETINGS LAW ARTICLEII. ROLL CALL

7:00 PM Meeting called to order on February 13, 2008 at Kearny Town Hall, 402 Kearny Ave., Kearny, NJ.

Attendee Name Present Absent Late ArrivalCouncil Member Barbara Sherry ¨ ¨ ¨Council Member Carol Doyle ¨ ¨ ¨Council Member Laura Pettigrew ¨ ¨ ¨Council Member Michael Landy ¨ ¨ ¨Council Member Alexa Arce ¨ ¨ ¨Council Member Susan McCurrie ¨ ¨ ¨Council Member Eileen Eckel ¨ ¨ ¨Council Member David Kruszins ¨ ¨ ¨Mayor Alberto Santos ¨ ¨ ¨

III. PLEDGE OF ALLEGIANCEIV. DEPARTMENT REPORTS

A. WATER DEPARTMENT MONTHLY REPORT FOR JUNE 2007.B. TAX COLLECTOR MONTHLY COMPARISON REPORT FOR JANUARY 2008.C. TAX COLLECTOR MONTHLY REPORT FOR JANUARY 2008.D. FIRE DEPARTMENT ANNUAL REPORT FOR 2007.E. CONSTRUCTION CODE MONTHLY REPORT FOR JANUARY 2008.F. FIRE DEPARTMENT MONTHLY REPORT FOR JANUARY 2008.

V. PUBLIC PORTION VI. ORDINANCES FOR INTRODUCTION: COUNCILWOMAN MC CURRIE

1. Ordinance 2008-6

TOWN OF KEARNY COUNTY OF HUNDSON 2008-(O)-06 ORDINANCE ESTABLISHING HANDICAPPED PARKING ZONES AT 94 KING STREET AND 261 BEECH STREETü Vote Record - Ordinance (O)-2008-6

¨ Adopted¨ Adopted as Amended¨ Defeated¨ Tabled¨ Withdrawn¨ Introduced

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

2. Ordinance 2008-7

TOWN OF KEARNY COUNTY OF HUDSON 2008-(O)-07 ORDINANCE AMENDING CHAPTER XI "PARKS AND RECREATIONAL AREAS", IN PARTICULAR, SECTION 11-1 "CONDUCT IN PARKS" OF THE REVISED GENERAL ORDINANCES OF THE TOWN OF KEARNYü Vote Record - Ordinance (O)-2008-7

¨ Adopted¨ Adopted as Amended¨ Defeated¨ Tabled¨ Withdrawn¨ Introduced

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

3. Ordinance 2008-8

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 2 Printed 2/19/2008

TOWN OF KEARNY COUNTY OF HUNDSON 2008-(O)-08 ORDINANCE AMENDING ORDINANCE NO. 2007-(O)41 ESTABLISHING MINIMUM EMPLOYMENT STANDARDS TO ENCOURAGE EMPLOYERS PROVIDING SERVICES TO THE TOWN OF KEARNY TO PAY LIVING WAGES AND AFFORD EMPLOYEES HEALTH BENEFITSü Vote Record - Ordinance (O)-2008-8

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

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

VII. ORDINANCES FOR 2ND READING: COUNCILWOMAN MC CURRIE(SECOND READING ON JUNE 26, 2007, CARRIED OVER FOR FURTHER CONSIDERATION BEFORE ADOPTION)

1. Ordinance 2008-4AN ORDINANCE AMENDING CHAPTER 38 “ZONING” OF THE REVISED GENERAL ORDINANCES OF THE TOWN OF KEARNYü Vote Record - Ordinance (O)-2008-4

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

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

2. Ordinance 2008-5

ORDINANCE AMENDING CHAPTER 7 “TRAFFIC,” IN PARTICULARLY, SECTION 7-13 “PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS” OF THE REVISED GENERAL ORDINANCES OF THE TOWN OF KEARNYü Vote Record - Ordinance (O)-2008-5

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

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

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

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 3 Printed 2/19/2008

IX. MINUTES TO BE APPROVED, PENDING ANY CORRECTIONSA. REGULAR MEETING OF OCTOBER 9, 2007 - 'COUNCILMEMBER KRUSZNIS 'ABSENT'

i. REGULAR MEETING OF OCTOBER 22, 2007.

ii. REGULAR MEETING OF NOVEMBER 8, 2007 - 'COUNCILMEMBER LANDY 'ABSENT'

iii. REGULAR MEETING OF DECEMBER 11, 2007

iv. REGULAR MEETING OF JANUARY 8, 2008 - 'COUNCILMEMBERS DOYLE & ARCE 'ABSENT'

v. REGULAR MEETING OF JANUARY 22, 2008 - 'COUNCILMEMBER ARCE 'ABSENT'

X. MOTION TO SUSPEND THE READING OF COMMUNICATIONS:XI. *BILLS & PAYROLLS BE NOT READ:XII. *BILLS AND PAYROLLS BE PASSED FOR PAYMENT:XIII. RESOLUTIONS

RES.AUTH.PURCHASE OF GSI PHASE III

1. Resolution 2008-109

WATER REFUND ACCOUNT NO.999-912-286 - 60 JACOBUS AVENUEü Vote Record - Resolution (R)-2008-109

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

2. Resolution 2008-110

WATER REFUND ACOUNT NO.999-928-467 - 224 LAUREL AVENUEü Vote Record - Resolution (R)-2008-110

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

3. Resolution 2008-111WATER REFUND ACCOUNT NO. 999-972-632 - 158 ELM STREETü Vote Record - Resolution (R)-2008-111

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

4. Resolution 2008-112WATER REFUND - UNITED WATER - HACKESANCK, NEW JERSEY

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 4 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-112

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

5. Resolution 2008-113ENCROACHMENT RESOLUTION FOR 94 FOREST STREET - OIL TANK REMOVALü Vote Record - Resolution (R)-2008-113

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

6. Resolution 2008-114RESOLUTION FOR ROAD OPENINGS FOR 26 KEARNY AVENUE, 28-30 GROVE STREET 7 39-41 GROVE STREETü Vote Record - Resolution (R)-2008-114

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

7. Resolution 2008-115

OVERTIME RESOLUTION FOR (1) HOUR FOR PVO-FREDERICK KROWLü Vote Record - Resolution (R)-2008-115

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

8. Resolution 2008-116

OVERTIME (3 1/2) HOURS FOR CLERK TYPIST DAWN SOLANO IN THE KUEZü Vote Record - Resolution (R)-2008-116

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

9. Resolution 2008-117

OVERTIME (3) HOURS FOR SUSAN A. EVANCHICK - PLANING/ZONING BOARD SECRETARY IN THE CONSTRUCTION CODE DEPARTMENT

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 5 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-117

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

10. Resolution 2008-118ENCROACHMENT RESOLUTION FOR 549 FOREST STREETü Vote Record - Resolution (R)-2008-118

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

11. Resolution 2008-119RESOLUTION FOR OVERTIME (24) HOURS IN THE HEALTH DEPARTMENTü Vote Record - Resolution (R)-2008-119

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

12. Resolution 2008-120RETIREMENT RESOLUTION FOR MICHAEL T. BEARD, CHIEF SANITARIAN/HOUSING INSPECTOR IN THE BOARD OF HEALTHü Vote Record - Resolution (R)-2008-120

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

13. Resolution 2008-121

CONSENT RESOLUTIONü Vote Record - Resolution (R)-2008-121

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

14. Resolution 2008-122

RESOLUTION AUTHORIZING AMENDMENT TO UEZ MARKETING AND ZONE PROMOTION II - UEZA 07-24

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 6 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-122

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

15. Resolution 2008-123RESOLUTION AUTHORIZING AND APPROVING THE TAX APPEAL SETTLEMENT OF OLD GLORY REALTY WNY, LLC.ü Vote Record - Resolution (R)-2008-123

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

16. Resolution 2008-124

CHAPTER 159 RESOLUTION FOR THE SUM OF $48,000. FOR KUEZ MARKETING AND ZONE PROMOTIONü Vote Record - Resolution (R)-2008-124

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

17. Resolution 2008-125

CHAPTER 159 RESOLUTION FOR THE SUM OF $99,998. FOR KUEZ PUBLIC SAFETY PROJECT - YEAR 1ü Vote Record - Resolution (R)-2008-125

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

18. Resolution 2008-126CHAPTER 159 RESOLUTION FOR THE SUM OF $164,505. FOR KUEZ KEARNY CLEAN PROJECT 2008ü Vote Record - Resolution (R)-2008-126

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

19. Resolution 2008-127CHAPTER 159 RESOLUTION FOR THE SUM OF $22,500. FOR KUEZ REVOLVING LOAN PROGRAM

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 7 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-127

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

20. Resolution 2008-128CHAPTER 159 RESOLUTION FOR THE SUM OF $58,070. MUNICIPAL ALLIANCEü Vote Record - Resolution (R)-2008-128

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

21. Resolution 2008-129CHAPTER 159 RESOLUTION FOR THE SUM OF $100,000. FOR MUNICIPAL ASSISTANCE PROGRAM (MAP)ü Vote Record - Resolution (R)-2008-129

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

22. Resolution 2008-130

CHAPTER 159 RESOLUTION FOR THE SUM OF $13,121.61 FOR 2007 BODY ARMOR REPLACEMENT FUNDü Vote Record - Resolution (R)-2008-130

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

23. Resolution 2008-131

CHAPTER 159 RESOLUTION FOR THE SUM OF $3,000. FOR 2008 GREEN COMMUNITIES GRANTü Vote Record - Resolution (R)-2008-131

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

24. Resolution 2008-132

CHAPTER 159 RESOLUTION FOR THE SUM OF $71,000. FOR STATE HOMELAND SECURITY GRANT

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 8 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-132

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

25. Resolution 2008-133CHAPTER 159 RESOLUTION FOR THE SUM OF $10,000. FOR FY07 EMERGENCY MANAGEMENTü Vote Record - Resolution (R)-2008-133

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

26. Resolution 2008-134

RESOLUTION FOR JOYCE DONER CLERK TYPISTü Vote Record - Resolution (R)-2008-134

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

27. Resolution 2008-136

RESOLUTION FOR A WARRANT TO BE DRAWN ON THE DOG FUND ACCOUNT IN THE AMOUNT OF $344.40 TO COVER ISSUANCE OF 172 DOG LICENSES FOR THE MONTH OF JANUARY 2008.ü Vote Record - Resolution (R)-2008-136

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

28. Resolution 2008-137TOWN OF KEARNY COUNTY OF HUDSON AUTHORIZING NJMC TO SUBMIT PRE-PETITION MATERIALS TO THE OFFICE OF SMART GROWTH FOR PLAN ENDORSEMENTü Vote Record - Resolution (R)-2008-137

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

29. Resolution 2008-138CHANGE ORDER #3 RESOLUTION

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 9 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-138

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

30. Resolution 2008-139RESOLUTION AUTHORIZING ACCESS AGREEMENT WITH BASF CORPORATION FOR ENVIRONMENTAL REMEDIATIONü Vote Record - Resolution (R)-2008-139

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

31. Resolution 2008-140

RESOLUTION AUTHORIZING REDEVELOPER AGREEMENT WITH T.J. MCDERMOTT TRANSPORTATION CO., L.L.C.ü Vote Record - Resolution (R)-2008-140

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

32. Resolution 2008-141

RESOLUTION AUTHORIZING REDEVELOPER AGREEMENT WITH GAS DIESEL STOP, INC.ü Vote Record - Resolution (R)-2008-141

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

33. Resolution 2008-142

REFUND RESOLUTIONü Vote Record - Resolution (R)-2008-142

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

34. Resolution 2008-143

GRANT AGREEMENT BETWEEN TOWN OF KEARNY AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 10 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-143

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

35. Resolution 2008-144CLOSE RESOLUTIONü Vote Record - Resolution (R)-2008-144

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

36. Resolution 2008-145RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT FOR TOWN INSURANCE RISK MANAGER FOR THE CALENDAR YEAR 2008ü Vote Record - Resolution (R)-2008-145

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

37. Resolution 2008-146

TOWN OF KEARNY RESOLUTION AUTHORIZING AN EXTRAORDINARY, UNSPECIFIABLE SERVICE CONTRACT WITH HOUSING COMMUNITY DEVELOPMENT SERVICES IN. FOR GRANT DOCUMENT SERVICESü Vote Record - Resolution (R)-2008-146

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

38. Resolution 2008-147RESOLUTION FOR BRYAN LOUVADO - MIS ADMINISTRATIVE INTERNü Vote Record - Resolution (R)-2008-147

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

39. Resolution 2008-148

CHAPTER-159 RESOLUTION FOR 2008 ROIDS

Caucus / Regular Meeting Agenda February 13, 2008

Kearny Town Council Page 11 Printed 2/19/2008

ü Vote Record - Resolution (R)-2008-148

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

40. Resolution 2008-149RESOLUTION WAIVING PROVISIONS OF SEC. 4-16.2 FOR BANK OF AMERICA RENOVATIONSü Vote Record - Resolution (R)-2008-149

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

XIV. CLOSED MEETING CLOSED SESSION FOR THE DISCUSSION OF NEGOTIATIONS, LITIGATION, AND PERSONNEL MATTERS.

XV. Public HearingsXVI. Ordinances

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny Avenue Department: Town AttorneyKearny, NJ 07032 Category: Handiccap Parking Space

Prepared By: Maria MartinsSCHEDULED Initiator: Gregory Castano Sr.

Sponsors: Council Member Susan McCurrieORDINANCE 2008-6 DOC ID: 1919

Updated: 2/5/2008 12:43 PM by Maria Martins Page 1

TOWN OF KEARNY COUNTY OF HUNDSON 2008-(O)-06 ORDINANCE ESTABLISHING HANDICAPPED PARKING ZONES AT 94 KING STREET AND 261 BEECH STREET

WHEREAS, the Police Department has found and reported that the establishment of a restricted parking zones in front of the residences hereinafter set forth is not otherwise prohibited and the permitting thereof would not interfere with the normal flow of traffic, it is

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

1. A restricted parking zones be and hereby are established in front of the following residences, which are occupied by a handicapped person, at the location specified:

Residence Location Handicapped Person

94 King Street Beginning at a point 55 feet west Patricia Andersonof the southwest curb line ofKing Street and Ivyto a point 22 feet west thereof

261 Beech Street Beginning at a point 95 feet south Robert Dobbsof the southwest curb line ofBeech Street and Magnoliato a point 22 feet south thereof

2. These zones shall not be established, however, unless a windshield placard or wheelchair symbol license plates have been issued for a vehicle owned by the handicapped person, or by another occupant of the residence who is a member of the immediate family of the handicapped person, by the Division of Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-204.

3. No other vehicle shall be permitted to park in the designated space.4. A sign, as prescribed by N.J.S.A. 39:4-198, shall be placed at the place where this ordinance is

effective. I certify that the foregoing ordinance was introduced by the Council on first reading on February

13, 2008 duly published according to law, and passed on second reading and final passage on _______________, 2008.

(O)-2008-6 : Ord.Estab.Handicapped Parking-94 King&261 6.1

ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 12

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny Avenue Department: Town AttorneyKearny, NJ 07032 Category: Ordinance

Prepared By: Maria MartinsSCHEDULED Initiator: Gregory Castano Sr.

Sponsors: Council Member Susan McCurrieORDINANCE 2008-7 DOC ID: 1951

Updated: 2/13/2008 11:05 AM by Maria Martins Page 1

TOWN OF KEARNY COUNTY OF HUDSON 2008-(O)-07 ORDINANCE AMENDING CHAPTER XI "PARKS AND

RECREATIONAL AREAS", IN PARTICULAR, SECTION 11-1 "CONDUCT IN PARKS" OF THE REVISED GENERAL

ORDINANCES OF THE TOWN OF KEARNY WHEREAS, the smoking of tobacco is detrimental to the public health and

welfare. It has also been determined that the curbing of smoking where the public will gather will assist in the decrease of smoking and its impact on the public, which is beneficial to the public health and welfare. It is therefore the purpose of this ordinance to prohibit smoking from playgrounds within the Town where the presence of children is likely to occur.

BE IT ORDAINED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that Section 11-1 “Conduct in Parks” of Chapter XI entitled “PARKS AND RECREATIONAL AREAS” of the Revised General Ordinance of the Town of Kearny is hereby amended and supplemented with the ADDITION of the following section 11-1.5 prohibiting smoking within or on any property designated as a playground.CHAPTER XI PARKS AND RECREATIONAL AREAS

11-1 CONDUCT IN PARKS.

11-1.5 Smoking Prohibited.a. Definitions. The following words, terms and phrases, when used in this chapter, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Playground means municipally owned properties used and devoted to children’s play activities as set forth in the enumerated list in section 11-1.5b.

Smoking means the inhaling, exhaling, burning, or carrying of any lighted cigarette, cigar, pipe, or other similar devices that contain tobacco and/or other similar devices that burn tobacco or similar materials.

b. Prohibition.. No person shall smoke within the boundary of the following playgrounds:1. Belgrove Drive Playground located on Belgrove Drive near Park Avenue2. Bell Playground located on Stewart Avenue between Chestnut Street and Devon Street.3. Columbia Playground located on the corner of Columbia Avenue and Elm Street4. Coogan/Manor Playground located on the corner of West Bennett and Jefferson

Avenues5. Dowd Playground located on Devon Terrace between Davis Avenue and Hamilton

Avenue.6. Gunnell Oval playground 7. Miglin Playground located on the corner of Johnston and Sherman Avenues8. Pettigrew Playground located on the corner of Highland and Woodland Avenues. 9. Riverbank Park Playground across from West Bennett Avenue10. Tappan Playground located on Tappan Street between Davis Avenue and Devon Street

(O)-2008-7 : Ord.Amending ChapterXI'PARKS & 6.2

ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 13

Ordinance 2008-7 Meeting of February 13, 2008

Updated: 2/13/2008 11:05 AM by Maria Martins Page 2

11. Windsor/Grove Playground located on the corner of Windsor & Grove Streets.

c. Posting Signs. A “No Smoking” sign shall be clearly, sufficiently, and conspicuously posted at every such playground facility where smoking is prohibited by this ordinance. The sign(s) shall have the words “No Smoking” in lettering that is not less than two (2) inches in height, and shall contain the international no smoking sign or symbol.

d. Enforcement. The Kearny Police Department and Kearny Health Department shall be charged with the diligent enforcement of the provisions of this section.

e. Violations and Penalties. It shall be a violation of this section for any person to smoke or carry a lighted cigarette, cigar, or pipe or other similar device where smoking is prohibited. Any person violating the provision of this section shall be summonsed and may be subject at the discretion of the Court to the following penalties:

1. A fine not exceeding $100, for the first violation2. A fine not exceeding $200, but no less than $100, for the second violation3. A fine not exceeding $500, but no less than $200, for the third violation.

Savings Clause: All other provisions of Chapter XI and Section 11-1 and shall remain unchanged and in full force and effect. Repealer: All Ordinances and parts thereof conflicting herewith be, and the same hereby are, repealed. Severability: If any section, paragraph subdivision, clause, or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this Ordinance shall be deemed to be valid and effective. Effective Date: This Ordinance shall be effective upon passage and publication as required by law.

I certify that the foregoing ordinance was introduced by the Mayor and Council on first reading on February 13, 2008 duly published according to law, and passed on second reading and final passage on ____________, 2008.

(O)-2008-7 : Ord.Amending ChapterXI'PARKS & 6.2

ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 14

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny Avenue Department: Town AttorneyKearny, NJ 07032 Category: Ordinance

Prepared By: Maria MartinsSCHEDULED Initiator: Gregory Castano Sr.

Sponsors: Council Member Susan McCurrieORDINANCE 2008-8 DOC ID: 1954

Updated: 2/13/2008 4:59 PM by Maria Martins Page 1

TOWN OF KEARNY COUNTY OF HUNDSON 2008-(O)-08 ORDINANCE AMENDING ORDINANCE NO. 2007-(O)41

ESTABLISHING MINIMUM EMPLOYMENT STANDARDS TO ENCOURAGE EMPLOYERS PROVIDING SERVICES TO THE TOWN OF KEARNY TO PAY LIVING WAGES AND AFFORD

EMPLOYEES HEALTH BENEFITSOrdinance No. 2007-(O)-41 of the Town of Kearny, adopted on second reading on June 27, 2007, shall

be and hereby is amended as follows:1. Section 3(b) of the Ordinance shall be amended to read in its entirety as follows:

“(b) Medical benefits shall be provided by the employer at the employer’s expense for each employee within 60 days of hiring. At a minimum, the benefits provided shall be basic medical insurance coverage, which may include a Health Maintenance Organization Plan with no deductible; a hospital indemnity benefit and a doctor’s office indemnity benefit.”

I certify that the foregoing ordinance was introduced by the Council on first reading on February 13, 2008, duly published according to law, and passed on second reading and final passage on , 2008.

(O)-2008-8 : Ord.Amending ord.No.2007-(O)-41 6.3

ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 15

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny Avenue Department: Town AttorneyKearny, NJ 07032 Category: Ordinance

Prepared By: Maria MartinsTABLED Initiator: Gregory Castano Sr.

Sponsors: Council Member Susan McCurrieORDINANCE 2008-4 DOC ID: 1901

Updated: 1/18/2008 3:55 PM by Maria Martins Page 1

AN ORDINANCE AMENDING CHAPTER 38 “ZONING” OF THE REVISED GENERAL ORDINANCES OF THE TOWN OF

KEARNY BE IT ORDAINED by the Mayor and Council of the Town of Kearny, Hudson County,

New Jersey, that:1. Chapter 38 of the Revised General Ordinances is amended and supplemented as follows:

(a)Paragraph 38-4.6 “Storage Containers” is deleted in its entirety.

(b)The chart entitled “Schedule II - Schedule of Area, Yard and Bulk Requirements” is

amended and revised so that the portion of the chart which references the “Maximum Yard Requirements” for the South Kearny Industrial North (SKI-N) Zone shall be referenced as “Minimum Yard Requirements.”

All other provisions of Schedule II shall remain unchanged and in full force and effect.(c)

Paragraph 38-6.3 “Accessory Uses in Nonresidential Zone” paragraph k. is deleted in its entirety and amended and supplemented to read as follows:

k. All operations, activities and storage (except off street parking including trucks, tractors, trailers or similar vehicles and unloading/loading, accessory lumber yards and home improvement centers) shall be conducted in completely enclosed buildings.

All other provisions of Section 38-6.3 shall remain unchanged and in full force and effect.

(d)The language contained in Section 38-6.6 “Conditional Uses” is amended and

supplemented as follows:

The first paragraph of section 38-6.6(i) “Outdoor Uses” is deleted in its entirety and is amended and supplemented to read as follows:

i. Outdoor Uses - All operations, activities and storage shall be conducted within completely enclosed buildings in both the SKI-N and SKI-S zones, except that the outdoor storage of containers, off street parking including trucks, tractors, trailers or similar vehicles, and unloading/loading, accessory lumber yards and home improvement centers may be permitted in the SKI-N Zone only and only if they shall comply with the following requirements:

Paragraph i(1) is deleted in its entirety and is amended and supplemented to read as follows:

1. There shall be a 10 foot wide landscaped buffer along all property lines.

Paragraph i(2) (no change)Paragraph i(3) (no change)

(O)-2008-4 : Ord.Amending Chapter 38-"ZONING" 7.1

ORDINANCES FOR 2ND READING: COUNCILWOMAN MC Packet Pg. 16

Ordinance 2008-4 Meeting of February 13, 2008

Updated: 1/18/2008 3:55 PM by Maria Martins Page 2

The language contained in Section 38-6.6n. “Containers”, which was amended by Ordinance 2007-O-6, to be referenced as 38-6.6o is amended and supplemented as follows:

The first sentence of paragraph 38-6.6o(2) is deleted in its entirety and amended and supplemented to read as follows:

There shall be a minimum 10 foot wide landscaped buffer along all property lines.

All other provisions of Section 38-6.6 shall remain unchanged and in full force and effect.

2. Repealer: All Ordinances and parts thereof conflicting herewith be, and the same hereby are, repealed.

3. Severability: If any section, paragraph subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this Ordinance shall be deemed to be valid and effective.

4. Effective Date: This Ordinance shall be effective upon passage and publication as required by law.

I certify that the foregoing ordinance was introduced by the Council on first reading on January 22, 2008 duly published according to law, and passed on second reading and final passage on _______________, 2008.

HISTORY:

01/22/08 Council INTRODUCED Next: 02/13/08

(O)-2008-4 : Ord.Amending Chapter 38-"ZONING" 7.1

ORDINANCES FOR 2ND READING: COUNCILWOMAN MC Packet Pg. 17

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny Avenue Department: Town AttorneyKearny, NJ 07032 Category: Ordinance

Prepared By: Maria MartinsTABLED Initiator: Gregory Castano Sr.

Sponsors: Council Member Susan McCurrieORDINANCE 2008-5 DOC ID: 1902

Updated: 1/18/2008 3:57 PM by Maria Martins Page 1

ORDINANCE AMENDING CHAPTER 7 “TRAFFIC,” IN PARTICULARLY, SECTION 7-13 “PARKING PROHIBITED AT

ALL TIMES ON CERTAIN STREETS” OF THE REVISED GENERAL ORDINANCES OF THE TOWN OF KEARNYBE IT ORDAINED by the Mayor and Council of the Town of Kearny, Hudson County,

New Jersey that Section 7-13 “Parking Prohibited at All Times on Certain Streets” of Chapter 7 entitled “TRAFFIC” of the Revised General Ordinance of the Town of Kearny is hereby amended and supplemented with the addition of the following location:

No person shall park a vehicle at any time upon any streets or parts thereof described, except where other parking regulations have been provided for.

Name of Street Side Location

Elm Street East From the intersection of Bergen Avenue and Elm Street, southeast corner, to a point 85 feet south thereof.

West From the intersection of Bergen Avenue and Elm Street, northeast corner, to a point 165 feet south thereof.

Savings Clause: All other provisions of Section 7-13 shall remain unchanged and in full force and effect.

Repealer: All Ordinances and parts thereof conflicting herewith be, and the same hereby are, repealed.

Severability: If any section, paragraph subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this Ordinance shall be deemed to be valid and effective.

Effective Date: This Ordinance shall be effective upon passage and publication as required by law.

I certify that the foregoing ordinance was introduced by the Mayor and Council on first reading on January 22, 2008 duly published according to law, and passed on second reading and final passage on ______, 2008.

HISTORY:

01/22/08 Council INTRODUCED Next: 02/13/08

(O)-2008-5 : Ord.Amend.Chapter "TRAFFIC"Section 7- 7.2

ORDINANCES FOR 2ND READING: COUNCILWOMAN MC Packet Pg. 18

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-109 DOC ID: 1912

Page 1

WATER REFUND ACCOUNT NO.999-912-286 - 60 JACOBUS AVENUE

WHEREAS, the owner, Sixty SK Group, of water account 999-912-286 located at 60 Jacobus Avenue, requests a refund due to an overpayment being applied to the account, which resulted in a credit balance of $605.97 due and owing, Sixty SK Group, as verified by the attachment herewith, and

WHEREAS, payments were applied by United Water to water account 999-912-286, 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 Refund999-912-286 60 Jacobus Avenue Sixty SK Group 60 Jacobus

Avenue Kearny NJ, 07032$605.97

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-109

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-109 : WATER Refund#999-912-286-60 Jacobus 13.1

RESOLUTIONS Packet Pg. 19

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-110 DOC ID: 1913

Page 1

WATER REFUND ACOUNT NO.999-928-467 - 224 LAUREL AVENUE

WHEREAS, the seller, Donna Wagner, of water account 999-928-467, located at 224 Laurel 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 $18.09 due and owing, Donna Wagner as verified by the attachment herewith, and

WHEREAS, payments were applied by United Water to water account 999-928-467, 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 Refund999-928-467 224 Laurel Avenue Donna Wagner 133 Overlook

Road Cedar Grove, NJ 07009$18.09

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-110

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-110 : WATER Refund#999-928-467-224 Laurel 13.2

RESOLUTIONS Packet Pg. 20

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-111 DOC ID: 1914

Page 1

WATER REFUND ACCOUNT NO. 999-972-632 - 158 ELM STREET

WHEREAS, the seller, Linda Kennedy, of water account 999-972-632, located at 158 Elm Street, requests a refund due to overpayments being applied to the account prior to the Final Bill adjustment, which resulted in a credit balance of $69.42 due and owing, Linda Kennedy as verified by the attachment herewith, and

WHEREAS, payments were applied by United Water to water account 999-972-632, 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 Refund999-972-632 158 Elm Street Linda Kennedy 156 Elm Street

Kearny, NJ 07032$69.42

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-111

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-111 : WATER Refund#999-972-632-158 Elm Street 13.3

RESOLUTIONS Packet Pg. 21

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-112 DOC ID: 1915

Page 1

WATER REFUND - UNITED WATER - HACKESANCK, NEW JERSEY

WHEREAS, United Water erroneously deposited through the lockbox a total of $155.00, into Kearny’s Water Fund account, and the funds were due and owing United Water, as verified by the attachment herewith, and

WHEREAS, payments were applied by United Water, 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 RefundN/A N/A United Water 190 Moore Street

Hackensack NJ$155.00

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-112

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-112 : WATER Refund-UNITED WATER- 13.4

RESOLUTIONS Packet Pg. 22

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-113 DOC ID: 1922

Page 1

ENCROACHMENT RESOLUTION FOR 94 FOREST STREET -OIL TANK REMOVAL

WHEREAS, the owner of 94 Forest Street, in the Town of Kearny has requested permission of the Mayor and council to encroach upon the Town right of way in order to remove and replace the sidewalk at said premises for the purpose of abandoning an oil tank; and

WHEREAS, the Town Engineer has advise 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 of Kearny, in the County of Hudson, that:1. The aforesaid recitals are incorporated herein as though fully set for at length.2. A right and license be and is hereby granted to the said owner of 94 Forest Street, in the Town of Kearny to encroach upon the Town right of way at the above-noted location for the purpose of abandoning the oil tank subject, however, to the following conditions.

a) The sidewalk must be replaced within seven (7) working days;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 sidewalk is not replaced within seven (7) working days, after written

notice advising the owner to restore the public right of way to its former condition is served upon the owner, the Town may repair the sidewalk and charge the costs to the owner; andd) The said owner shall comply with all other applicable laws, ordinances and regulations 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 damage to property or injury to persons arising out of or resulting from issuance of said license and owner's use of the property.

5. This Resolution shall take effect immediately.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-113 : Encroachment-94 Forest Street-OIL Tank 13.5

RESOLUTIONS Packet Pg. 23

Resolution 2008-113 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-113

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-113 : Encroachment-94 Forest Street-OIL Tank 13.5

RESOLUTIONS Packet Pg. 24

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-114 DOC ID: 1920

Page 1

RESOLUTION FOR ROAD OPENINGS FOR 26 KEARNY AVENUE, 28-30 GROVE STREET 7 39-41 GROVE STREET

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:

511 KEARNY AVENUE (LAUREL AVENUE TO WASHINGTON AVENUE)

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-114

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-114 : ROADopening PSE&G-26 KearnyAv.28- 13.6

RESOLUTIONS Packet Pg. 25

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-115 DOC ID: 1917

Page 1

OVERTIME RESOLUTION FOR (1) HOUR FOR PVO-FREDERICK KROWL

RESOLVED, by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that the request for (1) one hour of overtime for the Police Department, Parking Violation Officer Frederick Krowl for Summons Issuance on January 25, 2008, be and is hereby approved

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-115

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-115 : OVERTIME(1)HourPVO-Frederick Krowl- 13.7

RESOLUTIONS Packet Pg. 26

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-116 DOC ID: 1911

Page 1

OVERTIME (3 1/2) HOURS FOR CLERK TYPIST DAWN SOLANO IN THE KUEZ

BE IT RESOLVED, by the Mayor and Council of the Town of Kearny, HudsonCounty, New Jersey that the request for eight (3 1/2) hours of overtime for the KUEZ Clerk Typist Dawn Solano to attend a UEZ Meetings on January 16 and 17, 2008, be and is hereby approved

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-116

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-116 : OVERTIME(3 1/2)hours-Dawn Solano KUEZ 13.8

RESOLUTIONS Packet Pg. 27

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-117 DOC ID: 1910

Page 1

OVERTIME (3) HOURS FOR SUSAN A. EVANCHICK -PLANING/ZONING BOARD SECRETARY IN THE

CONSTRUCTION CODE DEPARTMENTRESOLVED, by the Mayor and Council of the Town of Kearny, Hudson

County, New Jersey that the request for twelve (3) hours of overtime for Susan A. Evanchick, Planning/Zoning Board Secretary in the Construction Code Department to work at Special meeting of the Kearny Planning Board on January 29, 2008 relative to Ordinance NO. 2008-(O)-4, be and is hereby approved.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-117

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-117 : OVERTIME(3)hours-Susan A.Evanchick/PZB 13.9

RESOLUTIONS Packet Pg. 28

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-118 DOC ID: 1923

Page 1

ENCROACHMENT RESOLUTION FOR 549 FOREST STREETWHEREAS, the owner Mrs. Elena Rosas of 549 Forest Street, 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 installing 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 of549 Forest Street, 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.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-118 : Encroachment-549 Forest St.-Installing 13.10

RESOLUTIONS Packet Pg. 29

Resolution 2008-118 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-118

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-118 : Encroachment-549 Forest St.-Installing 13.10

RESOLUTIONS Packet Pg. 30

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-119 DOC ID: 1918

Page 1

RESOLUTION FOR OVERTIME (24) HOURS IN THE HEALTH DEPARTMENT

RESOLVED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that the request for twenty (24) hours of overtime for rabies clinic for the Health Department on March 1, 2008, be and is hereby approved.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-119

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-119 : OVERTIME(24)Hours-For Rabies 13.11

RESOLUTIONS Packet Pg. 31

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-120 DOC ID: 1925

Page 1

RETIREMENT RESOLUTION FOR MICHAEL T. BEARD, CHIEF SANITARIAN/HOUSING INSPECTOR IN THE BOARD OF

HEALTHBE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of

Hudson, that the retirement application of Michael T. Beard, Chief Sanitarian/Housing Inspector, in the Board of Health, effective April 01, 2008 after 27 years of service be and is hereby accepted pending approval of the Public Employee Retirement System.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-120

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-120 : RETIREMENT-Michael T.Beard-Board of 13.12

RESOLUTIONS Packet Pg. 32

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-121 DOC ID: 1909

Page 1

CONSENT RESOLUTIONWHEREAS, 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.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-121

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-121 : CONSENT RESOLUTION 13.13

RESOLUTIONS Packet Pg. 33

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-122 DOC ID: 1941

Page 1

RESOLUTION AUTHORIZING AMENDMENT TO UEZ MARKETING AND ZONE PROMOTION II - UEZA 07-24WHEREAS, the Town of Kearny, in the County of Hudson, is a designated participant

in the New Jersey Urban Enterprise Zone Program (P.L. 1983, c. 303), through the KearnyEnterprise Zone Development Corporation for the purpose of reversing trends of urban decline, providing increased job opportunities, stabilizing the tax base and enhancing and upgrading zone shopping districts; and

WHEREAS, a primary goal of the program is to stimulate increased economic activity in the Town of Kearny by investing in infrastructure, communications and marketing activities and projects within the boundaries of the Kearny Urban Enterprise Zone in order to attract and retain private investment, create and retain jobs and attracting retail consumers to patronize UEZ Certified business located within the boundaries of the Kearny Urban Enterprise Zone; and

WHEREAS, the Mayor and council of the Town of Kearny and the Kearny Zone Development Corporation applied for and was awarded funds for the marketing and promotion of the Kearny Urban Enterprise Zone which annually includes the publication of the Kearny UEZ Magazine, during the Spring Season of each year, under New Jersey Urban Enterprise Zone Assistance Project No. 07-24, as amended on November 14, 2007; and

WHEREAS, the proposal is an eligible use of Urban Enterprise Zone Assistance Funds under the provisions of the Urban Enterprise Zone Act P.L. 1983, Chapter 367, as amended, and the requested expenditure increase for said Proposal of up to $75,000 during the year 2008 are deposited in the Kearny Zone Assistance Fund by the New Jersey Division of Taxation and are available for use by the Town of Kearny; and,

WHEREAS, pursuant to N.J.S.A. 52:27H-88(c) in order to fund an increase in the project budget from monies deposited into the Kearny Enterprise Zone Assistance Fund, the governing body must adopt a resolution approving the proposed increase in the project budget and authorizing the Mayor, Business Administrator and Municipal Department Head-UEZ to submit a Contract Amendment Request (attachment G) and Budget Modification Form (attachment H) to the New Jersey Urban Enterprise Zone Authority.

NOW, THEREFORE, BE IT RESOLVED THAT, The Mayor and Council of the Town of Kearny, in the County of Hudson, hereby authorizes and directs the submission of a request for an increase in project expenditures of up to $75,000 to the New Jersey Urban Enterprise Zone Authority for the publication of the 2008 Kearny UEZ Magazine, and, thereby receive approval for the subsequent release of Zone Assistance Funds under Project No. 07-24 to be credited to the account of the Town of Kearny.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

(R)-2008-122 : UEZ Marketing Zone Promotion II-EUZA 07- 13.14

RESOLUTIONS Packet Pg. 34

Resolution 2008-122 Meeting of February 13, 2008

Page 2

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-122

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-122 : UEZ Marketing Zone Promotion II-EUZA 07- 13.14

RESOLUTIONS Packet Pg. 35

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-123 DOC ID: 1907

Page 1

RESOLUTION AUTHORIZING AND APPROVING THE TAX APPEAL SETTLEMENT OF OLD GLORY REALTY WNY, LLC.

WHEREAS, the taxpayer, Old Glory Realty WNY, LLC. appealed from the assessment levied on Block 8, Lot 14 for the years 2006 and 2007;

WHEREAS, the taxpayer and the Assessor have agreed to compromise the appeal as follows:

Year 2006- The taxpayer will withdraw the appeal. Year 2007- The total assessment on the property will be reduced from

$1,005,500 to $930,500. Year 2008- The total assessment on the property will be reduced from

$1,005,500 to $805,500.WHEREAS, as part of the settlement the taxpayer has agreed to waive statutory interest

which would otherwise be due pursuant to N.J.S.A. 54:3-27.2 provided the refund is paid within 60 days from the date of the judgment;

WHEREAS, there are sufficient funds available in the reserve for tax appeals account to satisfy the tax refund;

WHEREAS, the Assessor and the Town’s appraiser are of the opinion that the revised valuation proposal is consistent with the true value of the property; now therefore, be it

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

The proposed settlement of the tax appeal encaptioned Old Glory Realty WNY, LLC v. Town of Kearny, Docket Nos. 7355-2006 and 1993-2007, as set forth above is approved and the Town Attorney or a member of his firm is authorized to execute all documents necessary to effectuate its terms.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-123 : Reso.Auth.Approving Tax Appeal Settlement 13.15

RESOLUTIONS Packet Pg. 36

Resolution 2008-123 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-123

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-123 : Reso.Auth.Approving Tax Appeal Settlement 13.15

RESOLUTIONS Packet Pg. 37

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-124 DOC ID: 1933

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $48,000. FOR KUEZ MARKETING AND ZONE PROMOTION

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 $48,000 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:

UEZ Marketing and Zone Promotion IIin the amount of $48,000.

BE IT FURTHER RESOLVED, that the like sum of $48,000 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

UEZ Marketing and Zone Promotion IIOther Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Urban Enterprise Zone Authority in the amount of $48,000

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-124 : UEZ Marketing and Zone Promotion II 13.16

RESOLUTIONS Packet Pg. 38

Resolution 2008-124 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-124

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-124 : UEZ Marketing and Zone Promotion II 13.16

RESOLUTIONS Packet Pg. 39

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-125 DOC ID: 1934

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $99,998. FOR KUEZ PUBLIC SAFETY PROJECT - YEAR 1

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 $99,998 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:

UEZ Public Safety Project - Year 1in the amount of $99,998.

BE IT FURTHER RESOLVED, that the like sum of $99,998 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

UEZ Public Safety Project - Year 1Other Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Urban Enterprise Zone Authority in the amount of $99,998.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-125 : UEZ Public Safety Project - Year 1 13.17

RESOLUTIONS Packet Pg. 40

Resolution 2008-125 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-125

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-125 : UEZ Public Safety Project - Year 1 13.17

RESOLUTIONS Packet Pg. 41

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-126 DOC ID: 1942

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $164,505. FOR KUEZ KEARNY CLEAN PROJECT 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 $164,505 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:

UEZ Kearny Clean Project 2008in the amount of $164,505.

BE IT FURTHER RESOLVED, that the like sum of $164,505 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

UEZ Kearny Clean Project 2008Other Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Urban Enterprise Zone Authority in the amount of $164,505.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-126 : Reso.for KEUZ Kearny Clean Project 2008 13.18

RESOLUTIONS Packet Pg. 42

Resolution 2008-126 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-126

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-126 : Reso.for KEUZ Kearny Clean Project 2008 13.18

RESOLUTIONS Packet Pg. 43

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-127 DOC ID: 1935

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $22,500. FOR KUEZ REVOLVING LOAN PROGRAM

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 $22,500 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:

UEZ Revolving Loan Programin the amount of $22,500.

BE IT FURTHER RESOLVED, that the like sum of $22,500 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

UEZ Revolving Loan ProgramOther Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Urban Enterprise Zone Authority in the amount of $22,500.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-127 : UEZ Revolving Loan Program 13.19

RESOLUTIONS Packet Pg. 44

Resolution 2008-127 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-127

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-127 : UEZ Revolving Loan Program 13.19

RESOLUTIONS Packet Pg. 45

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-128 DOC ID: 1930

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $58,070. MUNICIPAL ALLIANCE

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 $58,070 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:

Municipal AlliancePursuant to the provision of the statute, and

BE IT FURTHER RESOLVED, that the like sum of $58,070 is hereby appropriated under the caption of

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

Municipal Allianceand,

BE IT FURTHER RESOLVED, that the sum of $14,517 representing the amount required for the municipality’s share of the aforementioned undertaking or improvement appears in the budget of the fiscal year 2008 under the caption Matching Funds for Grants and is hereby appropriated under the caption of

General Appropriations:(b) Operations Excluded from CAPS:

Matching Funds for Grantsand,

BE IT FURTHER RESOLVED, that the above is the result of funds from the County of Hudson, Department of Health and Human Services, in the amount of $58,070.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

(R)-2008-128 : Chapter 159 reso. for municipal alliance 13.20

RESOLUTIONS Packet Pg. 46

Resolution 2008-128 Meeting of February 13, 2008

Page 2

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-128

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-128 : Chapter 159 reso. for municipal alliance 13.20

RESOLUTIONS Packet Pg. 47

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-129 DOC ID: 1928

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $100,000. FOR MUNICIPAL ASSISTANCE PROGRAM (MAP)

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 $100,000 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:

2008 Municipal Assistance Program (MAP)in the amount of $100,000.

BE IT FURTHER RESOLVED, that the like sum of $100,000 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

2008 Municipal Assistance Program (MAP)Other Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the New Jersey Meadowlands Commission in the amount of $100,000.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-129 : 2008 Municipal Assistance Program (MAP) 13.21

RESOLUTIONS Packet Pg. 48

Resolution 2008-129 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-129

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-129 : 2008 Municipal Assistance Program (MAP) 13.21

RESOLUTIONS Packet Pg. 49

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-130 DOC ID: 1926

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $13,121.61 FOR 2007 BODY ARMOR REPLACEMENT FUND

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 $13,121.61 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:

2007 Body Armor Replacement Fundin the amount of $13,121.61.

BE IT FURTHER RESOLVED, that the like sum of $13,121.61 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

2007 Body Armor Replacement FundOther Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Division of Criminal Justice in the amount of $13,121.61.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-130 : 2007-Body Armor Replacement Fund 13.22

RESOLUTIONS Packet Pg. 50

Resolution 2008-130 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-130

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-130 : 2007-Body Armor Replacement Fund 13.22

RESOLUTIONS Packet Pg. 51

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-131 DOC ID: 1927

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $3,000. FOR 2008 GREEN COMMUNITIES GRANT

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 $3,000 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:

2008 Green Communities Grantin the amount of $3,000.

BE IT FURTHER RESOLVED that the like sum of $3,000 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

2008 Green Communities GrantOther Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Environmental Protection, Division of Parks and Forestry in the amount of $3,000.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-131 : 2008 GREEN COMMUNITIES GRANT 13.23

RESOLUTIONS Packet Pg. 52

Resolution 2008-131 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-131

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-131 : 2008 GREEN COMMUNITIES GRANT 13.23

RESOLUTIONS Packet Pg. 53

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-132 DOC ID: 1931

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $71,000. FOR STATE HOMELAND SECURITY GRANT

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 $71,000 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:

State Homeland Security Grantin the amount of $71,000.

BE IT FURTHER RESOLVED, that the like sum of $71,000 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

State Homeland Security GrantOther Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the County of Hudson, Office of Emergency Management in the amount of $71,000.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-132 : State Homeland Security Grant 13.24

RESOLUTIONS Packet Pg. 54

Resolution 2008-132 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-132

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-132 : State Homeland Security Grant 13.24

RESOLUTIONS Packet Pg. 55

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-133 DOC ID: 1929

Page 1

CHAPTER 159 RESOLUTION FOR THE SUM OF $10,000. FOR FY07 EMERGENCY MANAGEMENT

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 $10,000 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:

FY07 Emergency Managementin the amount of $10,000.

BE IT FURTHER RESOLVED, that the like sum of $10,000 is hereby appropriated under the caption of :

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

FY07 Emergency ManagementOther Expenses

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, New Jersey State Police in the amount of $10,000.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER ACTING TOWN CLERK

(R)-2008-133 : FY07 Emergency Management 13.25

RESOLUTIONS Packet Pg. 56

Resolution 2008-133 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-133

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-133 : FY07 Emergency Management 13.25

RESOLUTIONS Packet Pg. 57

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-134 DOC ID: 1939

Page 1

RESOLUTION FOR JOYCE DONER CLERK TYPISTWHEREAS, the Mayor and Council of the Town of Kearny, in the County of Hudson,

appointed Joyce Doner to the provisional position of Permit Clerk Typing in the office of Construction Code Enforcement, pursuant to a desk audit conducted by the New Jersey Department of Personnel,

BE IT RESOLVED, by the Mayor and Council, that Joyce Doner be and is hereby returned to her permanent position of Clerk Typist, at the current annual salary of $55,564, effective February 18, 2008.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-134

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-134 : DONER,Joyce pos. of Permit Clerk Typist- 13.26

RESOLUTIONS Packet Pg. 58

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-136 DOC ID: 1938

Page 1

RESOLUTION FOR A WARRANT TO BE DRAWN ON THE DOG FUND ACCOUNT IN THE AMOUNT OF $344.40 TO COVER ISSUANCE OF 172 DOG LICENSES FOR THE MONTH OF

JANUARY 2008.Be it resolved by the Mayor and council of the Town of Kearny, Hudson

County, New Jersey that:

A warrant be drawn on the dog fund account to the order of the New Jersey StateDepartment of Health (Vendor #23355) in the amount of $ 344.40 covering the issuance of 172 Dog Licenses sold during the Month of January 2008.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-136

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-136 : Warrant DOG Fund-Department of Health 13.27

RESOLUTIONS Packet Pg. 59

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-137 DOC ID: 1936

Page 1

TOWN OF KEARNY COUNTY OF HUDSON AUTHORIZING NJMC TO SUBMIT PRE-PETITION MATERIALS TO THE

OFFICE OF SMART GROWTH FOR PLAN ENDORSEMENTWHEREAS, the Mayor and Council of the Town of Kearny desire to obtain Plan

Endorsement from the State Planning Commission; and WHEREAS, Plan Endorsement is a process developed by the State Planning

Commission to approve municipal, county, and regional plans that are consistent with the State Development and Redevelopment Plan (“State Plan”); and

WHEREAS, the purpose of the Plan Endorsement process is to reach the following goals by increasing the consistency among municipal, county, regional and state agency plans with each other and with the State Plan, and to facilitate the implementation of these plans:1. Encourage municipal, county, regional and state agency plans to be coordinated and support

each other to achieve the goals of the State Plan;2. Encourage municipalities and counties to plan on a regional basis while recognizing the

fundamental role of the municipal master plan and development regulations;3. Consider the entire municipality, including Centers, Cores, Nodes and Environs, within the

context of regional systems;4. Provide an opportunity for all government entities and the public to discuss and resolve

common planning issues;5. Provide a framework to guide and support state investment programs and permitting

assistance in the implementation of municipal, county, and regional plans that meet statewide objectives;

6. Learn new planning approaches and techniques from municipal, county, and regional governments for dissemination throughout the state and possible incorporation into the State Plan;

7. Ensure that petitions for Plan Endorsement are consistent with applicable State land use statutes and regulations; and

WHEREAS, if the Town is successful in achieving plan endorsement, it will entitle Kearny to a higher priority for available funding, streamlined permit reviews, and coordinated state agency services; and

WHEREAS, the Plan Endorsement Guidelines approved by the State Planning Commission note that if there is a need for better planning resources, the Office of Smart Growth will work with the applicant on a scope of work needed, with a timeline for completion.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Kearny that the New Jersey Meadowlands Commission (NJMC) is hereby authorized to submit the pre-petition materials to the Office of Smart Growth.

BE IT FURTHER RESOLVED that any member of the public can request notice of meetings or hearings, subsequent documents concerning a particular matter pending before the State Planning Commission, and any action taken by the State Planning Commission or the Office of Smart Growth by registering with the Office of Smart Growth in the following manner:

1. By filing a written request with the Office of Smart Growth for such notice and

(R)-2008-137 : Auth.NJMC submit pre-petition materials 13.28

RESOLUTIONS Packet Pg. 60

Resolution 2008-137 Meeting of February 13, 2008

Page 2

specifying the subject matter requested, and; 2. By providing the interested party’s name; organization, if any; address; phone and fax

numbers; and email address.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-137

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-137 : Auth.NJMC submit pre-petition materials 13.28

RESOLUTIONS Packet Pg. 61

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-138 DOC ID: 1924

Page 1

CHANGE ORDER #3 RESOLUTIONBe It Resolved by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey

upon the recommendation of the Town Engineer that the Change Order for the Contract listed below be and is hereby approved.TITLE OF JOB: Kearny Sewer Separation & Netting- Year 3

CONTRACTOR: Cruz Contractors, LLCCHANGE ORDER NO.: 3

AMOUNT OF CHANGE THIS RESOLUTION: +$0.00 (+0.00% Increase)TIME EXTENSION THIS RESOLUTION: 61 Working DaysNEA FILE: KEARMUN05.022

This Resolution to take effect upon certification of this Resolution by the Town Treasurer that sufficient funds are available.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-138

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-138 : CHANGE ORDER #3 RESOLUTION 13.29

RESOLUTIONS Packet Pg. 62

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-139 DOC ID: 1944

Page 1

RESOLUTION AUTHORIZING ACCESS AGREEMENT WITH BASF CORPORATION FOR ENVIRONMENTAL REMEDIATION

WHEREAS, BASF Corporation (“BASF”) is in the process of implementing environmental remediation under the New Jersey Industrial Site Recovery Act, of its facility at 50 Central Avenue in Kearny, New Jersey; and

WHEREAS, the Town, by Resolutions 2005-R-339 and 2006-R-173 previously authorized BASF to access Town Property (the Central Avenue Right of Way and Block 297, Lots 1A and 1C) for the purpose of performing the required environmental sampling; and

WHEREAS, BASF has informed the Town it is prepared to now proceed with the environmental remediation, a portion of which will be performed within the property owned by the Town, including the Central Avenue Right-of-Way; and

WHEREAS, BASF has requested that the Town grant it access to Town property, including the Central Avenue Right-of-Way for the purpose of performing that work.

NOW THEREFORE BE IT RESOLVED that the Town of Kearny does hereby authorize the execution of an Access Agreement with BASF to permit access for the aforesaid work to be undertaken by BASF; and

BE IT FURTHER RESOLVED, that the Mayor and/or Town Administrator and Acting Town Clerk are authorized to sign the Access Agreement, substantially in the form attached hereto, and any other document necessary in connection therewith, provided; however, that nothing herein shall be deemed to be a consent to the imposition of any Deed Notice or Deed Restriction on the Town property.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-139

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-139 : Res.Auth.Access Agreement BASF 13.30

RESOLUTIONS Packet Pg. 63

Resolution 2008-139 Meeting of February 13, 2008

Page 2

(R)-2008-139 : Res.Auth.Access Agreement BASF 13.30

RESOLUTIONS Packet Pg. 64

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-140 DOC ID: 1946

Page 1

RESOLUTION AUTHORIZING REDEVELOPER AGREEMENT WITH T.J. MCDERMOTT TRANSPORTATION CO., L.L.C.

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:12-8f the Town hereby designates T.J. McDermott Transportation Co., L.L.C. as redeveloper for Lot 8.01 in Block 252 located at 8 Briederhoft Road within the Schuyler Avenue Redevelopment Area, in accordance with the terms of the Redeveloper Agreement, a copy of which is attached hereto and which is hereby approved.

2. The Mayor and the Town Clerk are hereby authorized to execute the same on behalf of the Town.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-140

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-140 : Reso.Auth.Redeveloper 13.31

RESOLUTIONS Packet Pg. 65

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-141 DOC ID: 1945

Page 1

RESOLUTION AUTHORIZING REDEVELOPER AGREEMENT WITH GAS DIESEL STOP, INC.

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:12-8f the Town hereby designates Gas Diesel Stop, Inc. as redeveloper for Lot 15 in Block 272 located at 100 Schuyler Avenue within the Schuyler Avenue Redevelopment Area, in accordance with the terms of the Redeveloper Agreement, a copy of which is attached hereto and which is hereby approved.

2. The Mayor and the Town Clerk are hereby authorized to execute the same on behalf of the Town.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-141

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-141 : Reso.Auth.Redeveloper Agreement Gas 13.32

RESOLUTIONS Packet Pg. 66

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-142 DOC ID: 1943

Page 1

REFUND RESOLUTIONBE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the

County of Hudson, that the unused permit fee in the amount of $ 100.00 for DPW town truck, not used in December 2007, permit #11124, be and is hereby authorized to be refunded to Antonio Navarro, 47 Kearny Ave. I hereby certify that funds for the above resolution are available in account 8-10-900-134.

___________________________SHUAIB FIROZVI, CFO

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-142

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-142 : Refund Resolution for $100.00 13.33

RESOLUTIONS Packet Pg. 67

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-143 DOC ID: 1950

Page 1

GRANT AGREEMENT BETWEEN TOWN OF KEARNY AND THE STATE OF NEW JERSEY BY AND FOR THE

DEPARTMENT OF ENVIRONMENTAL PROTECTIONOriginal at the Clerk's Office.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-143

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-143 : GRANT Agreement- 13.34

RESOLUTIONS Packet Pg. 68

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-144 DOC ID: 1908

Page 1

CLOSE RESOLUTIONWHEREAS, 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: ______

WHEREAS, the Mayor and Council of the Town of Kearny intend to hold a closed meeting on ______

NOW THEREFORE BE IT RESOLVED, by the Council of the Town of Kearny shall meet in closed session on February 13, 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.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-144

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-144 : CLOSE RESOLUTION 13.35

RESOLUTIONS Packet Pg. 69

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-145 DOC ID: 1947

Page 1

RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT FOR TOWN INSURANCE RISK MANAGER FOR

THE CALENDAR YEAR 2008WHEREAS, in the administration of Town business for calendar year 2008 there exists a

need for professional insurance risk management services; andWHEREAS, the Town has requested proposals for these services pursuant to a fair and

open process under N.J.S.A.19;44A-20.4, et seq., now thereforeBE IT RESOLVED by the Mayor and Council for the Town of Kearny, Hudson County,

New Jersey that1. The firm of Brown & Brown Metro, Inc. having an office at 26 Columbia Turnpike, Florham Park, New Jersey be and is hereby appointed to the position of Town Risk Manager for a one (1) year term in accordance with the contract attached hereto and made a part hereof. This agreement is entered into pursuant to a fair and open process under N.J.S.A. 19:44:-30.4 et seq. 2. The Mayor and Town Clerk be and they are hereby authorized and directed 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.3. The Town Clerk shall publish notice of this action as required by law.4. The Resolution shall be effective immediately

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-145

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-145 : Re.Approv.Prof.Service 13.36

RESOLUTIONS Packet Pg. 70

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-146 DOC ID: 1948

Page 1

TOWN OF KEARNY RESOLUTION AUTHORIZING AN EXTRAORDINARY, UNSPECIFIABLE SERVICE CONTRACT

WITH HOUSING COMMUNITY DEVELOPMENT SERVICES IN. FOR GRANT DOCUMENT SERVICES

WHEREAS, in the administration of Town programs and services there exists a need for certain Extraordinary, Unspecifiable Services, as that term is defined in N.J.S.A. 40A:11-11-5(1)(a) and

WHEREAS, the Town has requested proposals for Grants consultants pursuant to a fair and open process under N.J.S.A. 19:44A-40.4 et seq.; now therefore, be it

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

1. The Town hereby retains without competitive bids Housing and Community Development Services, Inc to render grants consulting services as an Extraordinary Unspecifiable Services through December 31, 2008 for a sum not to exceed $30,000.

2. This agreement is entered into pursuant to a fair and open process under N.J.S.A. 19:44A-204 et. seq., Housing and Community Development Services was selected over another proposal because of its past services and familiarity with the grants needs of the Town.

3. Funds are available for these services.4. The Mayor and Town Clerk are hereby authorized and directed to execute the

attached agreement with Housing and Community Development Services, Inc.5. The agreement with Housing and Community Development Services Inc shall be

made available for public inspection.6. A notice of this action shall be printed once in the Jersey Journal.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

(R)-2008-146 : Reso.Auth.Extraordinary,Housing 13.37

RESOLUTIONS Packet Pg. 71

Resolution 2008-146 Meeting of February 13, 2008

Page 2

ü Vote Record - Resolution (R)-2008-146

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-146 : Reso.Auth.Extraordinary,Housing 13.37

RESOLUTIONS Packet Pg. 72

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-147 DOC ID: 1952

Page 1

RESOLUTION FOR BRYAN LOUVADO - MIS ADMINISTRATIVE INTERN

BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that the Bryan Louvado be and is hereby re-appointed as a seasonal MIS administrative intern at the current hourly rate of $11.07 per hours, effective January 21 to August 31, 2008.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-147

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-147 : Louvado,Bryan-Re-appointed seasonal MIS 13.38

RESOLUTIONS Packet Pg. 73

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-148 DOC ID: 1953

Page 1

CHAPTER-159 RESOLUTION FOR 2008 ROIDSWHEREAS, 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 $10,000 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:

2008 ROIDSPursuant to the provision of the statute, and

BE IT FURTHER RESOLVED that the like sum of $10,000 is hereby appropriated under the caption of

General Appropriations:(a) Operations Excluded from CAPS

State and Federal Programs Off-Set by Revenues:

2008 ROIDSand,

BE IT FURTHER RESOLVED, that the sum of $2,000 representing the amount required for the municipality’s share of the aforementioned undertaking or improvement appears in the budget of the fiscal year 2008 under the caption Matching Funds for Grants and is hereby appropriated under the caption of

General Appropriations:(b) Operations Excluded from CAPS:

Matching Funds for Grantsand,

BE IT FURTHER RESOLVED, that the above is the result of funds from the State of New Jersey, Department of Community Affairs, in the amount of $10,000.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

(R)-2008-148 : Ch-159-2008-ROIDS 13.39

RESOLUTIONS Packet Pg. 74

Resolution 2008-148 Meeting of February 13, 2008

Page 2

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-148

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-148 : Ch-159-2008-ROIDS 13.39

RESOLUTIONS Packet Pg. 75

Kearny Town Council Meeting: 02/13/08 07:00 PM402 Kearny AvenueKearny, NJ 07032

SCHEDULED

RESOLUTION 2008-149 DOC ID: 1955

Page 1

RESOLUTION WAIVING PROVISIONS OF SEC. 4-16.2 FOR BANK OF AMERICA RENOVATIONS

WHEREAS, Bank of America has applied for a permit to perform extensive renovations and repairs at its location at 240 Kearny Avenue.

WHEREAS, said renovations cannot be performed during regular business hours without interfering with the Bank's regular banking business, now therefore be it

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

The provisions of Section 4-16.2of the Town Code be and hereby are waived for the performance of the said renovations.

ADOPTED: February, 13, 2008

I hereby certify that the foregoing resolution was adopted by the Council on February, 13, 2008.

________________________ JILL E. WALLER

ACTING TOWN CLERK

ü Vote Record - Resolution (R)-2008-149

¨ 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 Kruszins ¨ ¨ ¨ ¨ Alberto Santos ¨ ¨ ¨ ¨

(R)-2008-149 : Reso.Waiving Prov.ofSec.4.16.2 for BANK 13.40

RESOLUTIONS Packet Pg. 76