REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, NOVEMBER 12, 2008. MAYOR KATHI FIAMINGO PRESIDED.
Mayor Fiamingo read the requirements of the Open Public Meetings Act.
The Salute to the Flag was led by Mayor Fiamingo.
Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Lawrence Clementi, Brian Joho, Fred Pugliese and Toni Sosnosky. Anthony DeLuca was absent.
Mayor Fiamingo stated Councilman-elect Kevin Leary, Jr. and Councilman-elect Scott Klinder were in attendance. She said as per our tradition, they sit behind the current councilman until they get sworn in.
It was moved by Councilman Joho, seconded by Councilman Candarella, and carried that the minutes of the Work Session Meeting of October 21, 2008, and the Regular Council Meeting of October 22, 2008 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)
Mayor Fiamingo and Councilman Clementi presented Jesse Boyden with a resolution congratulating him on his very impressive athletic and scholastic achievements at David Brearley High School and stated he is now a freshman at Rutgers University. The Mayor said the resolution was introduced by Lawrence Clementi and seconded by Fred Pugliese. Councilman Clementi congratulated Jesse and wished him the best of luck in his future endeavors.
RESOLUTION NO. 1
Introduced by Lawrence Clementi adoption by same
Seconded by Fred Pugliese
WHEREAS, Jesse Boyden is a 2008 graduate of David Brearley High School where he was an outstanding athlete and scholar; and
WHEREAS, Jesse Boyden received numerous awards and scholarships such as the Edward J. Bloustein Distinguished Scholar Award; the Warren T. Jaeckel Memorial Scholarship; Kenilworth Wrestling Club Scholarship Award; First Resource Leadership Award for Wrestling; Bob Taylor Touchdown Club Scholarship and the Union County Interscholastic Conference Scholar Athlete Award; and
WHEREAS, Jesse Boyden excelled in both football and wrestling while at David Brearley High School; and
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WHEREAS, during his high school wrestling career he amassed numerous records with a career record of 149-15 which was number three all time wins in the State; he broke school records in most takedowns, most falls and a winning percentage of 90.85%; and
WHEREAS, Jesse Boyden won many wrestling titles; 4 time All Conference; 4 time Union County Champion with the most wins in Union County; 3 time District X Champion; 3 time Region III Champion; State Place Winner – 6th place in 2006 & 2007 and culminating in winning the State Championship at 215 pounds in 2008.
NOW, THEREFORE, BE IT RESOLVED that Jesse Boyden is to be congratulated on his many achievements.
BE IT FURTHER RESOLVED that the Mayor and Council of the Borough of Kenilworth express their pride in Jesse Boyden’s many achievements and wish him continued success in his college career at Rutgers University.
Upon roll call unanimously carried.
PUBLIC HEARING ON YEAR 35 COMMUNITY DEVELOPMENT BLOCK GRANT
Mayor Fiamingo reported that for Grant Year 35 the Borough is submitting three applications.
1. Application for a Senior Citizen Chronic Illness Program for $2280.00
2. Application for Senior Citizen Handyman Program for $6,000.00
3. Application for the Senior Citizen Program for $16,000.00
Mayor Fiamingo advised this is a public hearing on these applications and if anyone in the audience had any questions or comments relative to these three grants, to please step forward state their name and address for the record. Seeing no one Mayor Fiamingo closed the hearing on Year 35 Community Development Block Grants.
Mayor Fiamingo asked for a motion from the floor to approve the Year 35 Community Development Block Grant Applications.
A motion was made by Councilman Joho to approve the submission of the above Year 35 Community Development Block Grant Applications. Motion seconded by Councilwoman Sosnosky. All in favor.
COMMUNICATIONS AND PETITIONS
1. Letter from Dr. Newton Rapp, 467 Boulevard, complaining about a borough tree he wants trimmed and/or cut down.
2. The next regularly scheduled Council Meeting will be on December 10, 2008.
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1. Municipal Court Report for the month of September, 2008.
2. Police Department Report for the month of October, 2008.
3. Construction Department Report for the month of October, 2008.
4. Borough Clerk’s Report for the month of October, 2008.
5. Rahway Valley Sewerage Authority Meeting Minutes of September 18 & 26, 2008.
It was moved by Councilman Candarella, seconded by Councilman Clementi and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.
REPORT OF COMMITTEES
Mayor Fiamingo reported there was a COAH sub-committee meeting on Monday. She stated that the Council on Affordable Housing has determined that Kenilworth has an obligation to provide 238 affordable housing units. She said she is not sure where Kenilworth is supposed to put them but Kenilworth has to address this very real concern. The sub-committee has been formed to provide a housing plan as part of our Master Plan and Fair Housing Plan. This plan needs to be submitted before the end of the year 2008. The Borough cannot wait for the Master Plan to be revised, we have to submit our plan in order to provide the Borough with some protection as far as the affordable housing requirements. The committee met on Monday with our Planner and our Engineer. The plan will be submitted to the Planning Board for a public hearing and once the Planning Board reviews and adopts the plan it will go to the Council and then be submitted to COAH before December 31st. The Mayor also reported that the Borough is very close to signing an agreement with EI Associates. Council has received a copy of a draft agreement. She also reported that our engineer has worked with the County of Union to provide some relief along Lincoln Drive for storm sewer improvements. After quite a few negotiations with the County, they have agreed to permit us to tie into their storm sewer along the Boulevard. There will be a marked improvement and better than what it was although it will not be a total fix. She thanked Mr. O’Connor and the County for addressing this situation. The utility companies will also have to move certain pipes along Epping Drive and North 11th Street in order to move ahead with the paving of those streets. Red Maple should be done by the end of the week and Carnegie is in the process of being done.
DEPARTMENT OF FINANCE
Councilman Joho reported the purchase order for the two Ford 350 Heavy Duty Pick-up Trucks has been issued and we are expecting delivery before the end of the month. These trucks will have snow plow packages installed so that they will be instrumental in snow removal this winter. The Fire Department’s pick-up truck will be delivered in the month of December.
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DEPARTMENT OF PUBLIC WORKS
Councilwoman Sosnosky reminded residents on the Boulevard and Michigan Avenue that the County of Union will be picking up leaves. They will pick up leaves on the Boulevard on November 14th and on Michigan Avenue on November 17th.
DEPARTMENT OF PUBLIC SAFETY
Councilman Pugliese had nothing to report.
DEPARTMENT OF PLANNING, ZONING & ORDINANCES
Councilman Candarella reported the Borough is very close to signing the contract with EI Architects. They have worked very hard on this. They have received and reviewed five proposals for the Master Plan. They have sent them back for pricing structures so that everyone is pricing it out the same way so that we can better chose who is giving us the services and the best price that we need. The Construction Report was very acceptable. The Planning Board did not have any applications this month.
DEPARTMENT OF RECREATION AND FIRE
Councilman Clementi advised that the Halloween Parade was a success and they had a big turnout. He also reported the Kenilworth Fire Fighters visited Harding School and the all-day care centers for Fire Prevention Week in October. The department distributed fire prevention materials to 792 children. He said this is a great program to teach children about fire safety. He said the Fire Truck was delivered on October 28th and special equipment training has begun and is ongoing for all firefighters. The Chief expects the truck to be in service by the end of December or early January. He said there is a resolution on the Consent Agenda appointing Angelo Ruggiero and Joseph Giorgio as Assistant Fire Inspectors for the Fire Prevention Bureau. They will be compensated through the fees generated from the inspections at no cost to the Borough. Councilman Clementi read a letter from Sr. Theresa Samson from St. Theresa’s School to the Kenilworth Volunteer Fire Department thanking them for the $1040.00
donation for the fire-truck swing and playground project. She said their support helped build a playground for the students in order to help them develop motor skills and muscle coordination. This playground will be an extension of their physical education class and it will help to keep the children physically fit. The contribution was tax deductable and no goods or services were provided in exchange for their generous financial donation. Councilman Clementi also read a letter to the Kenilworth Fire Department from Will & Shirley Schaeffer thanking the Fire Department for their response to a fire at their home on October 3, 2008. In appreciation they sent a donation of $50.00.
DEPARTMENT OF HEALTH, EDUCATION & WELFARE
Councilman DeLuca was absent.
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ORDINANCES & RESOLUTIONS
Consolidated Bill List appears on the following pages. (copy attached)
Resolutions No. 1 thru 15 are listed on the Consent Agenda and will be enacted by one motion in the form listed below. All items will be recorded individually in full in the minutes.
Councilman Clementi moved that all items under Consent Agenda be approved, seconded by Councilman Pugliese. Upon roll call the vote was unanimous.
RESOLUTION NO. 2
Be It Hereby Resolved: That all bills be paid when properly audited and funds are available.
RESOLUTION NO. 3
Be It Hereby Resolved: That the Municipal Finance Officer be authorized to pay necessary bills prior to the next regularly scheduled Council Meeting on December 10, 2008.
RESOLUTION NO. 4
Be It Hereby Resolved: That the Borough Clerk be authorized to issue the following Raffle Licenses:
#938 St. Theresa’s Church and School an On-Premise 50/50 Raffle on December 13, 2008 at 541 Washington Avenue, Kenilworth, NJ
#939 St. Theresa’s Church and School an Off-Premise 50/50 Raffle on December 13, 2008 at 541 Washington Avenue, Kenilworth, NJ
#940 David Brearley MS/HS PTO an Off-Premise 50/50 Raffle on March 11, 2009 at 401 Monroe Ave., Kenilworth, NJ
02-09 St. Theresa’s Church to hold Bingo once a week on Fridays from January 1, 2009 to December 31, 2009 at 541 Washington Avenue, Kenilworth, NJ.
#03-09 St. Theresa’s Rosary Society to hold Bingo once a week on Sundays from January 1, 2009 to December 31, 2009 at 541 Washington Ave., Kenilworth, NJ.
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05-09 St. Theresa’s Father’s Guild to hold Bingo once a week on Saturdays from January 1, 2009 to December 31, 2009 at 541 Washington Avenue, Kenilworth, NJ.
RESOLUTION NO. 5
Be It Hereby Resolved: That ATLANTIC FLAGS AND FLAGPOLES CO. be authorized to supply and install street decorations for the 2008 Holiday Season for a total price of $8,750.00, as listed below as per the attached Agreement. Decorations to be installed on or before Thanksgiving.
16 – 6’ Silhouette Snowflakes
10 – 4’ Wreaths Deluxe
Payment for 2008 to be made as follows:
50% Deposit Due Upon Confirmation…………..$4,375.00
50% Due Upon Removal…………………………$4,375.00
Prices are for a three (3) year contract (2007, 2008 & 2009). Also decoration of the front of Borough Hall is included in the price.
Be It Hereby Resolved: that pursuant to N.J.A.C. 5:34-5.1 et seq Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth. The appropriation to be charged for this expenditure is: Celebration of Public Events - #8-01-28-796-000
RESOLUTION NO. 6
Be It Hereby Resolved:
WHEREAS, the following property was issued a plumbing permit, and fees were received by the Building Department;
WHEREAS, it has been found that the work was not done.
NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to:
Amount of $135.00 refunded to owner:
39 Commonwealth Road
Kenilworth, NJ 07033
Block 93, Lot 12
Plumbing Permit #08-00083
Cc: Nancy Nichols, Municipal Finance Officer
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RESOLUTION NO. 7
WHEREAS, the Borough of Kenilworth held a Tax Sale on June 12, 2008 for delinquent 2007 taxes, and a tax lien was purchased by JN Properties on property located at 423 Boulevard and known as Block 111 Lot 25, in the Borough of Kenilworth, County of Union.
WHEREAS, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and
NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #08-00006 by the collector of taxes.
JN Properties, 175 Market St, #301, Paterson, NJ 07050
Redemption amount $1,622.23, Premium $6,000.00
RESOLUTION NO. 8
Be It Hereby Resolved: That ANGELO RUGGIERO and JOSEPH GIORGIO be appointed Assistant Fire Inspectors on the Fire Prevention Bureau.
RESOLUTION NO. 9
WHEREAS, it shall become necessary to expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and
WHEREAS, there is an excess in one or more appropriations over and above the amount deemed necessary to fulfill the purpose of such appropriation, and
WHEREAS, N.J.S. 40A: 4-58 provides for the transfer of such amounts deemed in excess to appropriation for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and
WHEREAS, the transfers about to be authorized do not affect any appropriation to which or from transfers are prohibited under statute,
NOW, THEREFORE BE IT RESOLVED that the attached be approved and the Treasurer be and is hereby authorized to make the following transfers in the 2008 Municipal Budget.
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Other Expenses AMOUNT
Tax Assessor 4000.00
Public Works 3500.00
Buildings & Grounds 5000.00
Solid Waste 4000.00
Salary & Wages
Police O/T 20.000.00
Mayor & Council 1,000.00
Building Inspector (Union) 2,900.00
Shade Tree 4,000.00
Celebration of Public Events 500.00
Senior Transportation 100.00
Dog & Cat Licensing 3,000.00
Legal Fees, etc. 7,000.00
Salaries & Wages
RESOLUTION NO. 10
WHEREAS, Tony R. Famiglietti was the owners of Block 112, lot 3.01, 60 So. 16th Street, Kenilworth, Union County, NJ, and;
WHEREAS, the fourth quarter of 2008 taxes were overpaid due to their assessment being lowered by the Assessor, and;
WHEREAS, the lowering of the assessment caused an overpayment of taxes on the property;
NOW THEREFORE BE IT RESOLVED that the Treasurer after proper notation on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.
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Block Lot Payable to: Amount
112 3.01 Tony R. Famiglietti $ 2,007.93
60 So. 17th Street
Kenilworth, NJ 07033
RESOLUTION NO. 11
BE IT HEREBY RESOLVED: That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad members be granted an expense allowance in accordance with the report submitted by Fire Chief Giordino, in the aggregate amount of $60,857.13.
RESOLUTION NO. 12
WHEREAS, Gilbert Neville is the owner of Block 73, Lot 10.01, 35 No. 8th Street, Kenilworth, Union County, NJ, and;
WHEREAS, the fourth quarter of 2008 taxes were overpaid due to the assessment being lowered by the Assessor, and;
WHEREAS, the lowering of the assessment caused an over payment of taxes on the property.
NOW, THEREFORE BE IT RESOLVED that the Treasurer after proper notification on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.
BLOCK LOT PAYABLE TO: AMOUNT
73 10.01 Gilbert Neville $1,201.16
35 No. 8th Street
Kenilworth, NJ 07033
RESOLUTION NO. 13
RESOLUTION IN OPPOSITION TO NEW STATE-MANDATED
WHEREAS, this new state mandate stems from the Corzine administration’s demand that 115,000 low-income housing units be built; and
WHEREAS, to achieve this level the new COAH rules require an additional 575,000 housing units be built, bringing the total number of new housing units to 690,000 statewide; and
WHEREAS, these new housing units could force development on existing open space, land used for parks and recreational facilities, wetlands and buffers near major highways; and
WHEREAS, this new government mandated housing plan has a funding shortfall estimated to be $5.8 billion, that will have to be made up through increased property taxes; and
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WHEREAS, the new housing law, A-500, includes a ban on regional contribution agreements (RCAs), which historically have enabled municipalities with affordable housing obligations to provide revenue to fund low and moderate housing projects in urban municipalities; and
WHEREAS, the elimination of RCAs will lead to rapid sprawl of rural and suburban communities; and
WHEREAS, urban centers will loose substantial sums of money for re-development; and
WHEREAS, the COAH mandate will mean that 238 number of housing units must be built in Kenilworth Borough; and
THEREFORE BE IT RESOLVED, this new obligation and related fees must be eliminated in their entirety and new rules adopted that reconcile open space preservation and affordable housing goals.
A certified copy of this resolution shall be sent to Governor Jon S. Corzine, Assembly Speaker Joseph Roberts, Senate President Richard J. Codey, Senate Minority Leader Tom Kean, Jr., Assembly Minority Leader Alex DeCroce and all state legislators representing our legislative district.
RESOLUTION NO. 14
WHEREAS, the Director of the Division of Taxation of the State of New Jersey has adopted a Table of Equalized Valuations and has also adopted what is commonly known as a Chapter 123 Table; and
WHEREAS, the Tax Assessor of the Borough of Kenilworth has recommended a legal challenge to the ratio so adopted; and
WHEREAS, the Mayor and Council of the Borough of Kenilworth has determined that there exists a need for professional legal services in connection with a challenge to the aforementioned tables and ratios as they relate to the Borough of Kenilworth; and
WHEREAS, the said Mayor and Council has determined that such legal services as professional services as defined in the Local Public Contracts Law of the State of New Jersey; and
WHEREAS, the Mayor and Council has determined that the cost of such legal services shall not exceed $17,500; and
WHEREAS, the Local Public Contracts Law requires that a notice stating the nature, duration, services and amount of each contract awarded as a professional services contract be printed once in the official newspaper of the municipality;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth:
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RESOLUTION NO. 15
WHEREAS, proposals were requested by the Borough Engineer of the Borough of Kenilworth for equipment for the 16th Street Park Baseball Field; and
WHEREAS, the following proposals were received:
National Fence Systems, Inc. (NJ State Contract #F222636786)
One (1) 30’ Arched Backstop = $8,500.00
Marturano Recreation Co. (NJ State Contract #A59052)
Two (2) Play Benches, 8 Permanent Bench w/o Back=$336.00
One (1) 5 Row x 15’ Aluminum Bleacher = $2,880.00
One (1) 4 Row x 15’ Aluminum Bleacher - $1,447.00
Material Surcharge = $272.96
Shipping = $1,502.11
Total = $6,438.07
Whirl Construction, Inc.
Installation for Benches and Bleachers = $6,438.07
NOW, THEREFORE, BE IT RESOLVED that the above proposals be accepted and awarded to the companies as listed.
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Proposed Ordinance No. 2008-19 was read for the second and final reading as follows: (Copy appears in minutes of October 22, 2008)
BOND ORDINANCE TO AMEND SECTION 1 OF THE BOND ORDINANCE (ORDINANCE NO 2008-11) ENTITLED: “BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE 2008 CAPITAL ROAD IMPROVEMENT PROGRAM IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $692,000 TO PAY THE COST THEREOF, TO APPROPRIATE A STATE GRANT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS,” ADOPTED JULY 9, 2008.
Mayor Fiamingo stated this is an amendment to the ordinance that was adopted on July 9, 2008 and does not appropriate any additional funds, it expands the projects that may be utilized by these bond monies to include the creek improvements along the Rahway River Stafford Property. This is an improvement that has been ongoing for the past ten years. Mayor Fiamingo stated this is a second reading and if anyone wished to comment, please come forward, state your name and address for the record. Seeing no one the Mayor closed the public hearing on Ordinance 2008-19.
RESOLUTION NO. 16
Introduced by Brian Joho adoption by same.
Seconded by Fred Pugliese
Be it Hereby Resolved: That Proposed Ordinance No. 2008-19 be and the same is hereby passed on second and final reading and ordered published according to law.
Upon roll call, all in favor.
RESOLUTION NO. 17
Introduced by Sal Candarella adoption by same.
Seconded by Brian Joho
WHEREAS, sealed bids were received on October 15, 2008 for MINOR CHANNEL IMPROVEMENT – BRANCH 10-24 of the RAHWAY RIVER (Stafford Property), and Star of the Sea Concrete Corporation, 448 Marlboro Road, Old Bridge, having submitted the lowest responsible bid as follows:
NOW, THEREFORE BE IT RESOLVED that STAR OF THE SEA CONCRETE CORPORATION be awarded the bid for minor channel improvement Branch 10-24 of the Rahway River Stafford Property.
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BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 5:34-5.1, Local Publics Contracts Law, the required certificate of availability of funds has been obtained from the Finance Officer of the Borough of Kenilworth.
Upon on roll call unanimously carried.
Councilman Joho wished everyone a Happy Thanksgiving and a pleasant start to the holiday season.
Mayor Fiamingo mentioned that yesterday was Veterans Day and there was a very nice event at the Veterans Center. She said it was great to see so many people turn out for Veterans Day to honor our soldiers. She said that if anyone sees a soldier on the street they should say thank you to them and express how much they are appreciated for keeping us safe. The Mayor advised that last month on October 26th, she and Councilwoman Sosnosky attended an Eagle Scout Ceremony for Richard Tiemann who is a member of our local Boy Scout Troop. She said this was an extremely impressive ceremony and she was impressed to learn how many astronauts have achieved eagle-scout status.
The Mayor said Breakfast with Santa will be held on December 7, 2008. Santa will come to the Recreation Building at 10:00 am and the children are invited to have breakfast with Santa, do a craft and have a story read to them by Mrs. Santa. She said there will be horse and
buggy rides. In the evening they will have the Tree Lighting Ceremony and there will be a DJ, we will sing Christmas Carols and have some hot chocolate and roasted chestnuts. She invited everyone to come out and enjoy.
She reminded everyone there will be a school referendum on a school bond on December 9th. She encouraged everyone learn about the referendum and come out and exercise their right to vote, whether they are in favor of the referendum or not. The polls will be open between 2 pm and 9 pm. She said this is an important issue and we should not let it go with the usual 400 votes that historically have come out to vote in school elections. She said she is not suggesting residents should be for or against it…..she said just come out and vote one way or the other.
The Mayor wished everyone a happy, healthy and fun Thanksgiving.
Councilman Pugliese thanked the Knights of Columbus for sponsoring two events. On October 31st they had a Halloween party for the children of Kenilworth. He thanked the volunteers who helped make the event possible. He thanked Stan and Councilman Canderalla’s wife Darlene and also noted that Mayor Fiamingo and Councilman Candarella also volunteered their time. Councilman Pugliese also noted the Knights of Columbus honored the members of the Police Department, Volunteer Ambulance Squad and Volunteer Fire Department on November 2nd for their time and assistance to the community. He said Detective Grady, our School Resource Officer was honored from the Police Department. He thanked everyone that was honored.
Motion was made by Councilman Candarella, seconded by Councilwoman Sosnosky to open the meeting to the public. All in favor.
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MEETING OPENED TO THE PUBLIC
Seeing no one, the Mayor closed the meeting to the public.
Motion was made by Councilwoman Sosnosky, seconded by Councilman Joho to close the meeting to the public. All in favor.
The Mayor thanked Councilman-Elect Leary and Klinder for joining the meeting tonight.
There being no further business to come before the Council it was moved by Councilman Pugliese, seconded by Councilman Clementi and carried, that the meeting be adjourned to the call of the chair. All in favor.
8:30 P.M. Respectfully submitted,
Hedy Lipke, Borough Clerk
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