Kearny Town Council. Caucus / Regular Meeting. ~ Agenda ~ Jill Waller. Wednesday, February, 13, :00 PM Kearny Town Hall

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1 Caucus / Regular Meeting ~ Agenda ~ Jill Waller Wednesday, February, 13, :00 PM Kearny Town Hall I. READ PUBLIC MEETINGS LAW ARTICLE II. III. IV. ROLL CALL 7:00 PM Meeting called to order on February 13, 2008 at Kearny Town Hall, 402 Kearny Ave., Kearny, NJ. PLEDGE OF ALLEGIANCE DEPARTMENT REPORTS A. WATER DEPARTMENT MONTHLY REPORT FOR JUNE B. TAX COLLECTOR MONTHLY COMPARISON REPORT FOR JANUARY C. TAX COLLECTOR MONTHLY REPORT FOR JANUARY D. FIRE DEPARTMENT ANNUAL REPORT FOR E. CONSTRUCTION CODE MONTHLY REPORT FOR JANUARY F. FIRE DEPARTMENT MONTHLY REPORT FOR JANUARY V. PUBLIC PORTION VI. ORDINANCES FOR INTRODUCTION: COUNCILWOMAN MC CURRIE 1. Ordinance TOWN OF KEARNY COUNTY OF HUNDSON 2008-(O)-06 ORDINANCE ESTABLISHING HANDICAPPED PARKING ZONES AT 94 KING STREET AND 261 BEECH STREET 2. Ordinance 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 3. Ordinance TOWN OF KEARNY COUNTY OF HUNDSON 2008-(O)-08 ORDINANCE AMENDING ORDINANCE NO (O)41 ESTABLISHING MINIMUM EMPLOYMENT STANDARDS TO ENCOURAGE EMPLOYERS PROVIDING SERVICES TO THE TOWN OF KEARNY TO PAY LIVING WAGES AND AFFORD EMPLOYEES HEALTH BENEFITS VII. ORDINANCES FOR 2ND READING: COUNCILWOMAN MC CURRIE (SECOND READING ON JUNE 26, 2007, CARRIED OVER FOR FURTHER CONSIDERATION BEFORE ADOPTION) 1. Ordinance AN ORDINANCE AMENDING CHAPTER 38 ZONING OF THE REVISED GENERAL ORDINANCES OF THE TOWN OF KEARNY 2. Ordinance 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 KEARNY VIII. CONSENT AGENDA RESOLUTION "ALL MATTERS LISTED WITH AN ASTERISK (*) ARE CONSIDERED TO BE ROUTINE AND NON-CONTROVERSIAL BY THE COUNCIL AND WILL BE APPROVED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCIL MEMBER OR CITIZEN SO REQUESTS, IN WHICH CASE THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED IN ITS NORMAL SEQUENCE ON THE AGENDA AS PART OF THE GENERAL ORDERS." Printed 2/19/2008

2 Caucus / Regular Meeting Agenda February 13, 2008 IX. MINUTES TO BE APPROVED, PENDING ANY CORRECTIONS A. REGULAR MEETING OF OCTOBER 9, 'COUNCILMEMBER KRUSZNIS 'ABSENT' i. REGULAR MEETING OF OCTOBER 22, ii. REGULAR MEETING OF NOVEMBER 8, 'COUNCILMEMBER LANDY 'ABSENT' iii. REGULAR MEETING OF DECEMBER 11, 2007 iv. REGULAR MEETING OF JANUARY 8, 'COUNCILMEMBERS DOYLE & ARCE 'ABSENT' v. REGULAR MEETING OF JANUARY 22, 'COUNCILMEMBER ARCE 'ABSENT' X. MOTION TO SUSPEND THE READING OF COMMUNICATIONS: XI. XII. XIII. *BILLS & PAYROLLS BE NOT READ: *BILLS AND PAYROLLS BE PASSED FOR PAYMENT: RESOLUTIONS RES.AUTH.PURCHASE OF GSI PHASE III 1. Resolution WATER REFUND ACCOUNT NO JACOBUS AVENUE 2. Resolution WATER REFUND ACOUNT NO LAUREL AVENUE 3. Resolution WATER REFUND ACCOUNT NO ELM STREET 4. Resolution WATER REFUND - UNITED WATER - HACKESANCK, NEW JERSEY 5. Resolution ENCROACHMENT RESOLUTION FOR 94 FOREST STREET - OIL TANK REMOVAL 6. Resolution RESOLUTION FOR ROAD OPENINGS FOR 26 KEARNY AVENUE, GROVE STREET GROVE STREET 7. Resolution OVERTIME RESOLUTION FOR (1) HOUR FOR PVO-FREDERICK KROWL 8. Resolution OVERTIME (3 1/2) HOURS FOR CLERK TYPIST DAWN SOLANO IN THE KUEZ 9. Resolution OVERTIME (3) HOURS FOR SUSAN A. EVANCHICK - PLANING/ZONING BOARD SECRETARY IN THE CONSTRUCTION CODE DEPARTMENT 10. Resolution ENCROACHMENT RESOLUTION FOR 549 FOREST STREET 11. Resolution RESOLUTION FOR OVERTIME (24) HOURS IN THE HEALTH DEPARTMENT 12. Resolution Page 2 Printed 2/19/2008

3 Caucus / Regular Meeting Agenda February 13, 2008 RETIREMENT RESOLUTION FOR MICHAEL T. BEARD, CHIEF SANITARIAN/HOUSING INSPECTOR IN THE BOARD OF HEALTH 13. Resolution CONSENT RESOLUTION 14. Resolution RESOLUTION AUTHORIZING AMENDMENT TO UEZ MARKETING AND ZONE PROMOTION II - UEZA Resolution RESOLUTION AUTHORIZING AND APPROVING THE TAX APPEAL SETTLEMENT OF OLD GLORY REALTY WNY, LLC. 16. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $48,000. FOR KUEZ MARKETING AND ZONE PROMOTION 17. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $99,998. FOR KUEZ PUBLIC SAFETY PROJECT - YEAR Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $164,505. FOR KUEZ KEARNY CLEAN PROJECT Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $22,500. FOR KUEZ REVOLVING LOAN PROGRAM 20. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $58,070. MUNICIPAL ALLIANCE 21. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $100,000. FOR MUNICIPAL ASSISTANCE PROGRAM (MAP) 22. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $13, FOR 2007 BODY ARMOR REPLACEMENT FUND 23. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $3,000. FOR 2008 GREEN COMMUNITIES GRANT 24. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $71,000. FOR STATE HOMELAND SECURITY GRANT 25. Resolution CHAPTER 159 RESOLUTION FOR THE SUM OF $10,000. FOR FY07 EMERGENCY MANAGEMENT 26. Resolution RESOLUTION FOR JOYCE DONER CLERK TYPIST 27. Resolution Page 3 Printed 2/19/2008

4 Caucus / Regular Meeting Agenda February 13, 2008 RESOLUTION FOR A WARRANT TO BE DRAWN ON THE DOG FUND ACCOUNT IN THE AMOUNT OF $ TO COVER ISSUANCE OF 172 DOG LICENSES FOR THE MONTH OF JANUARY Resolution TOWN OF KEARNY COUNTY OF HUDSON AUTHORIZING NJMC TO SUBMIT PRE-PETITION MATERIALS TO THE OFFICE OF SMART GROWTH FOR PLAN ENDORSEMENT 29. Resolution CHANGE ORDER #3 RESOLUTION 30. Resolution RESOLUTION AUTHORIZING ACCESS AGREEMENT WITH BASF CORPORATION FOR ENVIRONMENTAL REMEDIATION 31. Resolution RESOLUTION AUTHORIZING REDEVELOPER AGREEMENT WITH T.J. MCDERMOTT TRANSPORTATION CO., L.L.C. 32. Resolution RESOLUTION AUTHORIZING REDEVELOPER AGREEMENT WITH GAS DIESEL STOP, INC. 33. Resolution REFUND RESOLUTION 34. Resolution GRANT AGREEMENT BETWEEN TOWN OF KEARNY AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 35. Resolution CLOSE RESOLUTION 36. Resolution RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT FOR TOWN INSURANCE RISK MANAGER FOR THE CALENDAR YEAR Resolution TOWN OF KEARNY RESOLUTION AUTHORIZING AN EXTRAORDINARY, UNSPECIFIABLE SERVICE CONTRACT WITH HOUSING COMMUNITY DEVELOPMENT SERVICES IN. FOR GRANT DOCUMENT SERVICES 38. Resolution RESOLUTION FOR BRYAN LOUVADO - MIS ADMINISTRATIVE INTERN 39. Resolution CHAPTER-159 RESOLUTION FOR 2008 ROIDS 40. Resolution RESOLUTION WAIVING PROVISIONS OF SEC FOR BANK OF AMERICA RENOVATIONS XIV. XV. XVI. CLOSED MEETING CLOSED SESSION FOR THE DISCUSSION OF NEGOTIATIONS, LITIGATION, AND PERSONNEL MATTERS. Public Hearings Ordinances Page 4 Printed 2/19/2008

5 (O) : Ord.Estab.Handicapped Parking-94 King& Department: Town Attorney Category: Handiccap Parking Space Prepared By: Maria Martins Initiator: Gregory Castano Sr. Sponsors: Council Member Susan McCurrie ORDINANCE DOC ID: 1919 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 Anderson of the southwest curb line of King Street and Ivy to a point 22 feet west thereof 261 Beech Street Beginning at a point 95 feet south Robert Dobbs of the southwest curb line of Beech Street and Magnolia to 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: 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, Updated: 2/5/ :43 PM by Maria Martins ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 5

6 (O) : Ord.Amending ChapterXI'PARKS & 6.2 Department: Town Attorney Category: Ordinance Prepared By: Maria Martins Initiator: Gregory Castano Sr. Sponsors: Council Member Susan McCurrie ORDINANCE DOC ID: 1951 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 prohibiting smoking within or on any property designated as a playground. CHAPTER XI PARKS AND RECREATIONAL AREAS 11-1 CONDUCT IN PARKS 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 Smoking means municipally owned properties used and devoted to children s play activities as set forth in the enumerated list in section b. 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 Avenue 2. Bell Playground located on Stewart Avenue between Chestnut Street and Devon Street. 3. Columbia Playground located on the corner of Columbia Avenue and Elm Street 4. Coogan/Manor Playground located on the corner of West Bennett and Jefferson Avenues 5. 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 Avenues 8. Pettigrew Playground located on the corner of Highland and Woodland Avenues. 9. Riverbank Park Playground across from West Bennett Avenue 10. Tappan Playground located on Tappan Street between Davis Avenue and Devon Street Updated: 2/13/ :05 AM by Maria Martins ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 6

7 (O) : Ord.Amending ChapterXI'PARKS & 6.2 Ordinance Meeting of February 13, 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 violation 2. A fine not exceeding $200, but no less than $100, for the second violation 3. 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, Updated: 2/13/ :05 AM by Maria Martins Page 2 ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 7

8 (O) : Ord.Amending ord.no.2007-(o) Department: Town Attorney Category: Ordinance Prepared By: Maria Martins Initiator: Gregory Castano Sr. Sponsors: Council Member Susan McCurrie ORDINANCE DOC ID: 1954 TOWN OF KEARNY COUNTY OF HUNDSON 2008-(O)-08 ORDINANCE AMENDING ORDINANCE NO (O)41 ESTABLISHING MINIMUM EMPLOYMENT STANDARDS TO ENCOURAGE EMPLOYERS PROVIDING SERVICES TO THE TOWN OF KEARNY TO PAY LIVING WAGES AND AFFORD EMPLOYEES HEALTH BENEFITS Ordinance No (O)-41 of the Town of Kearny, adopted on second reading on June 27, 2007, sh 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, Updated: 2/13/2008 4:59 PM by Maria Martins ORDINANCES FOR INTRODUCTION: COUNCILWOMAN Packet Pg. 8

9 (O) : Ord.Amending Chapter 38-"ZONING" 7.1 Department: Town Attorney Category: Ordinance Prepared By: Maria Martins TABLED Initiator: Gregory Castano Sr. Sponsors: Council Member Susan McCurrie ORDINANCE DOC ID: 1901 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 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 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 shall remain unchanged and in full force and effect. (d) The language contained in Section Conditional Uses is amended and supplemented as follows: The first paragraph of section (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) Updated: 1/18/2008 3:55 PM by Maria Martins ORDINANCES FOR 2ND READING: COUNCILWOMAN MC Packet Pg. 9

10 (O) : Ord.Amending Chapter 38-"ZONING" 7.1 Ordinance Meeting of February 13, 2008 The language contained in Section n. Containers, which was amended by Ordinance 2007-O-6, to be referenced as o is amended and supplemented as follows: The first sentence of paragraph o(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. effect. All other provisions of Section shall remain unchanged and in full force and 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, HISTORY: 01/22/08 Council INTRODUCED Next: 02/13/08 Updated: 1/18/2008 3:55 PM by Maria Martins Page 2 ORDINANCES FOR 2ND READING: COUNCILWOMAN MC Packet Pg. 10

11 (O) : Ord.Amend.Chapter "TRAFFIC"Section Department: Town Attorney Category: Ordinance Prepared By: Maria Martins TABLED Initiator: Gregory Castano Sr. Sponsors: Council Member Susan McCurrie ORDINANCE DOC ID: 1902 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 KEARNY BE 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: repealed. All Ordinances and parts thereof conflicting herewith be, and the same hereby are, 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, HISTORY: 01/22/08 Council INTRODUCED Next: 02/13/08 Updated: 1/18/2008 3:57 PM by Maria Martins ORDINANCES FOR 2ND READING: COUNCILWOMAN MC Packet Pg. 11

12 (R) : WATER Refund# Jacobus 13.1 RESOLUTION DOC ID: 1912 WATER REFUND ACCOUNT NO JACOBUS AVENUE WHEREAS, the owner, Sixty SK Group, of water account located at 60 Jacobus Avenue, requests a refund due to an overpayment being applied to the account, which resulted in a credit balance of $ due and owing, Sixty SK Group, as verified by the attachment herewith, and WHEREAS, payments were applied by United Water to water account , 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 Refund Jacobus Avenue Sixty SK Group 60 Jacobus $ Avenue Kearny NJ, Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 12

13 (R) : WATER Refund# Laurel 13.2 RESOLUTION DOC ID: 1913 WATER REFUND ACOUNT NO LAUREL AVENUE WHEREAS, the seller, Donna Wagner, of water account , 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 , 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 Refund Laurel Avenue Donna Wagner 133 Overlook $18.09 Road Cedar Grove, NJ Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 13

14 (R) : WATER Refund# Elm Street 13.3 RESOLUTION DOC ID: 1914 WATER REFUND ACCOUNT NO ELM STREET WHEREAS, the seller, Linda Kennedy, of water account , 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 , 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 Refund Elm Street Linda Kennedy 156 Elm Street $69.42 Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 14

15 (R) : WATER Refund-UNITED WATER RESOLUTION DOC ID: 1915 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 Refund N/A N/A United Water 190 Moore Street $ Hackensack NJ Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 15

16 (R) : Encroachment-94 Forest Street-OIL Tank 13.5 RESOLUTION DOC ID: 1922 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; and d) 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. RESOLUTIONS Packet Pg. 16

17 (R) : Encroachment-94 Forest Street-OIL Tank 13.5 Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 17

18 (R) : ROADopening PSE&G-26 KearnyAv RESOLUTION DOC ID: 1920 RESOLUTION FOR ROAD OPENINGS FOR 26 KEARNY AVENUE, GROVE STREET 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) Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 18

19 (R) : OVERTIME(1)HourPVO-Frederick Krowl RESOLUTION DOC ID: 1917 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 Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 19

20 (R) : OVERTIME(3 1/2)hours-Dawn Solano KUEZ 13.8 RESOLUTION DOC ID: 1911 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, Hudson County, 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 Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 20

21 (R) : OVERTIME(3)hours-Susan A.Evanchick/PZB 13.9 RESOLUTION DOC ID: 1910 OVERTIME (3) HOURS FOR SUSAN A. EVANCHICK - PLANING/ZONING BOARD SECRETARY IN THE CONSTRUCTION CODE DEPARTMENT RESOLVED, 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 (O)- 4, be and is hereby approved. Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 21

22 (R) : Encroachment-549 Forest St.-Installing RESOLUTION DOC ID: 1923 ENCROACHMENT RESOLUTION FOR 549 FOREST STREET WHEREAS, 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 of 549 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. RESOLUTIONS Packet Pg. 22

23 (R) : Encroachment-549 Forest St.-Installing Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 23

24 (R) : OVERTIME(24)Hours-For Rabies RESOLUTION DOC ID: 1918 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. Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 24

25 (R) : RETIREMENT-Michael T.Beard-Board of RESOLUTION DOC ID: 1925 RETIREMENT RESOLUTION FOR MICHAEL T. BEARD, CHIEF SANITARIAN/HOUSING INSPECTOR IN THE BOARD OF HEALTH BE 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. Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 25

26 (R) : CONSENT RESOLUTION RESOLUTION DOC ID: 1909 CONSENT RESOLUTION WHEREAS, the Mayor and Council of the Town of Kearny has reviewed the Consent Agenda consisting of various proposed resolutions; and WHEREAS, the Mayor and Council of the Town of Kearny is not desirous of removing any resolution for individual action from the agenda; NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Town of Kearny that the resolutions on the Consent Agenda are hereby approved and adopted. Vote Record - Resolution (R) as Amended RESOLUTIONS Packet Pg. 26

27 (R) : UEZ Marketing Zone Promotion II-EUZA RESOLUTION DOC ID: 1941 RESOLUTION AUTHORIZING AMENDMENT TO UEZ MARKETING AND ZONE PROMOTION II - UEZA WHEREAS, 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 Kearny Enterprise 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 , 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 to be credited to the account of the Town of Kearny. RESOLUTIONS Packet Pg. 27

28 (R) : UEZ Marketing Zone Promotion II-EUZA Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 28

29 (R) : Reso.Auth.Approving Tax Appeal Settlement RESOLUTION DOC ID: 1907 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 The taxpayer will withdraw the appeal. Year The total assessment on the property will be reduced from $1,005,500 to $930,500. Year 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: 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 and , 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. RESOLUTIONS Packet Pg. 29

30 (R) : Reso.Auth.Approving Tax Appeal Settlement Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 30

31 (R) : UEZ Marketing and Zone Promotion II RESOLUTION DOC ID: 1933 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 Anticipated With 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 II in 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 II Other 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 RESOLUTIONS Packet Pg. 31

32 (R) : UEZ Marketing and Zone Promotion II Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 32

33 (R) : UEZ Public Safety Project - Year RESOLUTION DOC ID: 1934 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 Anticipated With 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 1 in 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 1 Other 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. RESOLUTIONS Packet Pg. 33

34 (R) : UEZ Public Safety Project - Year Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 34

35 (R) : Reso.for KEUZ Kearny Clean Project RESOLUTION DOC ID: 1942 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 Anticipated With 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 2008 in 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 2008 Other 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. RESOLUTIONS Packet Pg. 35

36 (R) : Reso.for KEUZ Kearny Clean Project Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 36

37 (R) : UEZ Revolving Loan Program RESOLUTION DOC ID: 1935 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 Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: UEZ Revolving Loan Program in 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 Program Other 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. RESOLUTIONS Packet Pg. 37

38 (R) : UEZ Revolving Loan Program Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 38

39 (R) : Chapter 159 reso. for municipal alliance RESOLUTION DOC ID: 1930 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 Anticipated With Prior Written Consent of the Director of the Division of Local Government Services: State and Federal Revenues Off-set with Appropriations: Municipal Alliance Pursuant 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 Alliance and, 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 Grants and, 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. RESOLUTIONS Packet Pg. 39

40 (R) : Chapter 159 reso. for municipal alliance Resolution Meeting of February 13, 2008 Vote Record - Resolution (R) as Amended Page 2 RESOLUTIONS Packet Pg. 40

41 (R) : 2008 Municipal Assistance Program (MAP) RESOLUTION DOC ID: 1928 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 Anticipated With 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. RESOLUTIONS Packet Pg. 41