Council Minutes from 3/10/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 10, 2010.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Brian Joho, Scott Klinder, Kevin Leary, Fred Pugliese and Toni Sosnosky.� Sal Candarella was absent.

Mayor Fiamingo read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of February 23, 2010 and the Regular Meeting of February 24, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

Hearing on Confirmation of Curb Assessments for:

1. Fairfield Avenue between Faitoute Avenue to dead end; entire length of Epping Drive; entire length of Red Maple Land; & Lincoln Drive from Lincoln Place at intersection with the Boulevard and Coolidge Drive as per Ordinance No. 2007-13.

2. Both sides of North 11^th Street from the Boulevard to Washington Avenue as per Ordinance No. 2008-12.

Motion was made by Brian Joho seconded by Scott Klinder to open the hearing to the public. All in favor.

Gail Russo � 7 Red Maple Lane � Ms. Russo read a letter that her husband wrote which asked how much per linear foot does the curbing cost and how many linear feet was charged for Red Maple Lane.� She said the next item is not an exact on their part due to the snow piles but the Faitoute Avenue corner down both sides of Red Maple Lane and sections of inside driveways they have approximately 763 feet of street, 90 feet of driveways estimated at 853 linear feet. She said the question at hand is do the two corner houses on Faitoute Avenue contribute to the portion on their side properties along Red Maple Lane? If so then 7 Red Maple Lane has only 27 linear of curbing installed. She said they privately had their driveway and apron and entrance curbing done. She said as you can see from the pictures and letters to the town and Grotto Engineering, these sections were not redone. There does not appear to be any common areas from the corner of Faitoute which was installed in the past five years down both sides of Red Maple Lane or up any resident�s driveways.� She said therefore they suggest 7 Red Maple Lane pay it�s fair share of assessments for the construction rendered. She said like all properties that differ in sizes in the Borough, 7 Red Maple pays their fair portion of property taxes for the size property they are situated on.� She thanked everyone for their time and consideration to this matter.

The Mayor said unfortunately there are a lot of specifics in these questions. She asked Ms. Russo if she sent correspondence to Grotto Engineering and she responded yes.� The Mayor asked Ed from Grotto Engineering to respond.� Ed said at the job site Mr. Russo contacted their

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inspectors and they made mention that their driveway and apron were sufficient enough that they would consider it as part of the road project.� He said their property is 60 feet of frontage and they were assessed for only 43 feet. He said the linear unit price for the project was $24.10 and if you do the math, 43 feet. x 24.10 should be the assessment for that property.� Ms. Russo said they came up with 27 feet of frontage.� Ed responded by stating their property is on a cul-de-sac and Mr. Russo was probably measuring the length of the actual curbing and that Grotto measures the frontage of the lot. . He said on a circle like her�s the further in you go the longer the stretch but the physical dimension of the driveway is reduced from the assessment.

Vincent Grimaldi, 32 North 11^th Street � Mr. Grimaldi how will the assessment be paid and will they have to pay it all at once or is it over a five year period and is it a separate bill or is it attached to the tax bill? The Mayor said you have the option to elect to pay it over five years without interest and it is a separately assessed item and not part of the tax bill. Mr. Grimaldi asked if they will send a bill during the year and if he chooses the five year plan then would it be 1/5 of the total and there would be no interest and no further assessment on the property? �The Mayor said that is correct.

Joe Licwinko, 53 North 11^th Street � Mr. Licwinko said he is the last house on the block and he was assessed at 57 feet and his house has 50 feet of frontage. He asked if he was being charged more because of an easement? The Mayor said that Mr. O�Connor from Grotto Engineering had mentioned that Mr. Licwinko might come up to the meeting.� Mr. Ed Bogan from Grotto Engineering responded by stating that this is a council decision.� They incorporated the 57 feet on a lot that is 50 feet wide, 7 feet of the driveway is considered on the paper street Washington Avenue so in their determination was that he was enjoying 57 feet of frontage and the improvement included 57 feet of frontage and they passed that assessment on.� The Mayor asked Mr. Licwinko if he understood what the engineer was saying and he responded yes. �She said council will discuss this issue in the next work shop meeting and they will get back to Mr. Licwinko after that meeting.� Mr. Liwinko said he had Belgium block in front of his house and it had to be moved about 6 inches and he is paying for something that was already there.� The Mayor said that is a concern of many residents that they already had curbing and it was moved but in order to make it all uniform it is very difficult not to replace it.� She said Mr. Liwinko�s situation is a little different than other people and the council would like to take time to consider it.� She invited Mr. Licwinko to the next work shop meeting which is March 23^rd.� �

Mr. Finistrella, 43 Epping Drive -� Mr.� Finistrella spoke with Mr. O�Connor earlier and they discussed a discrepancy in his assessment and he would like to know what the next course of action would be.� He asked if he would received a different bill? The Mayor said there will be an adjustment.

Rudy Cammarota, 1 Red Maple Lane � Mr. Cammarota said he received his assessment and he inspected the work and it was a great job. He said he did not do the arithmetic at so much per foot but it certainly increased the benefit in general of the area.� He said he took objection to the engineer saying the property value will be increased by the amount of the assessment. He said that is out of the area of his expertise and he is not sure you can show that the property will be increased in value by the amount of the assessment. Mr. Cammarota said this is not a voluntary improvement and was mandated by the town and while we do have to pay our assessment he was wondering if he going to have to pay taxes on that assessment. The Mayor replied that he will not be re- assessed for the curbing.� Mr. Cammarota said the letter from the

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engineer said they would be reassessed. The Mayor said they may have indicated that the value of the property would increase because of the improvement but that does not mean that the Tax Assessor would come out after your curbs were assessed and now assess your property.

��

Motion was made by Brian Joho seconded by Toni Sosnosky to close the hearing on curb assessments. All in favor.

COMMUNICATIONS AND PETITIONS:

Notice from the Kenilworth Board of Education announcing the candidates for Board of Education seats.
Letter from Frank Abrusci, 717 Kingston Avenue, requesting permission to cut down a borough tree at 740 Monmouth Avenue.
Letter from the Kenilworth Little League inviting the Mayor and Council to attend the Opening Day Ceremony and Parade on Saturday, April 10^th at 1:00 P.M.
A Joint Meeting between the Kenilworth Board of Education and the Kenilworth Governing Body to discuss the 2010-2011 Annual School Budget and Shared Services will be held on March 22^nd at 7:30 P.M. at Brearley.
Invitation from the Kenilworth Silver Card Association to their annual Silver Card Dinner on April 22^nd at the Kenilworth Veterans Center.
Notice of Claim received from Robert Hulsizer and Mary Ackerson alleging improper arrest, detention and towing and impound of their vehicle.� Forwarded to our Insurance Company.

REPORTS

Police Department Report for the month of February, 2010.
Construction Department Report for the month of February, 2010.
Borough Clerk�s Report for the month of February, 2010.
Municipal Court Report for the month of February, 2010.

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

REPORT OF COMMITTEES

The Mayor reminded everyone that March 14^th is Day Light Savings time and you should change your clocks.� She said it is also recommended that you change your batteries in your smoke detectors and carbon monoxide detectors.� She said there is also a recommendation from the New Jersey State Police that you establish a �Get A Kit� of emergency supplies where you put together three days of supplies like cans of non perishable foods, water, battery operated radio, flashlights, medications, toiletries, etc. and put them in a spot that is easily accessible.

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The Mayor said the annual Annual Property Tax Relief Program forms for senior citizens who are eligible for the PTR program should be going out and they are to be returned by June 1^st.�

The Mayor also said you may have already received a letter from the Census Bureau saying that you will be getting a form to be filled out.� She urged everyone to complete and return their census information because it is important that we all be counted for the Borough�s benefit as well as our State.� She said we may lose a congressional seat because of the loss of population so the more people that are counted the better for our representation in the Federal Government.

The Mayor said there is going to be a joint meeting of the School Board and the Borough Council on March 22^nd.� She said the meeting is to hear the board�s presentation on the School Budget.� She said the Board is under the gun this year because they will not be told what their State aid figures are going to be until sometime after the Governor�s budget address which is on March 18^th.�� She said they would have to immediately adopt their budget.� She said they have a couple of scenarios they are taking into account and we will find out on March 22^nd what the budget that is to be presented to the public will be.� She said if you are interested in this then this will be on TV channel 36.

The Mayor mentioned that the DARE graduation is March 31^st at 7:00 PM at Harding School.

The Mayor said she received a memo from the County about a First Alert Program.� She said if you go to www.ucfirstalert.org you can sign up to get text messages or e-mail messages with respect to any disasters or problems.� She said you can elect what kind of information you want to be notified about.� She said it is an interesting program and is in the nature of a reverse 911 situation.� They will contact you with respect to important things that might affect you.��

DEPARTMENT OF FINANCE

Councilman Joho said work on the 2010 budget continues.� He said yesterday the Finance Committee met with the Borough Auditor and he also presented his findings at the council work session. He said as the proposed budget stands today it is under the State� mandated tax levy and spending cap but not unlike the Board of Education our final decision on the budget need to wait for the State�s budget which will be introduced on March 18^th and then we can make our final decisions.� He said we are projecting the Municipal Budget will be introduced sometime during April.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported they are filling the potholes throughout the Borough and they will continue to send crews out every day, weather permitting.

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DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that as you may recall a few months ago the Mayor and Council approved the ordering of a new police dispatch area. He said as a result a new construction project has started in the police department. The dispatch area has been moved to an office adjacent to where the old dispatch area was.� He said the old desk was dismantled and sometime next week the carpenters apprentice school will lend some apprentices to help set up the new area.� He said overseeing the project is Sgt. Matt Devlin.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella was absent.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported that the Recreation will be having field hockey sign ups on March 20^th from 10:00 am to 12 noon at the Recreation Center.� Also the Easter Egg Hunt will be on March 27^th at Blackbrook Park at 10:00 am.� They will have a craft the night before for toddlers thru fourth grade at 7:00 at the Recreation building.

The Mayor reminded residents to make sure they are at the Easter Egg Hunt at 10:00 AM sharp because at 10:01 the children are let out and the eggs are gone shortly after that.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Kenilworth Board of Health has hired Jessica Weinberg to replace Danielle Grady as our Registered Environmental Health Specialist and she started yesterday.

Consolidated Bill List appears on the following pages.� (copy attached)

CONSENT AGENDA

Resolutions No. 1 thru 7 are listed on Consent Agenda and will be enacted by one motion in the form listed below. All items will be recorded individually in full in the minutes.

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

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

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

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RESOLUTION NO. 2

Be It Hereby Resolved:

WHEREAS, Richard O�Connor, Borough Engineer, has submitted his report to the Governing Body of the Borough of Kenilworth certifying the cost of construction of the curbs on both sides of� FAIRFIELD AVENUE BETWEEN FAITOUTE AVENUE TO DEAD END; THE ENTIRE LENGTH OF EPPING DRIVE; THE ENTIRE LENGTH OF RED MAPLE LANE� and LINCOLN DRIVE FROM LINCOLN PLACE AT THE INTERSECTION WITH BOULEVARD AND COOLIDGE DRIVE, Borough of Kenilworth, and assessing the cost thereof upon the property benefiting there from in proportion to and not to excess of the peculiar benefit, advantage or increase in value which the property is seemed to receive by reason of the improvement.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that the total assessment as set forth in the Affidavit of Richard O�Connor, dated January 21, 2010, is hereby confirmed and that the amount of each assessment as set forth therein shall become a lien on said property, in accordance with the law, and may be paid by said property owner in a lump sum payment without interest or may be paid by said property owner in equal annual installments over five years, with the first payment being due June 7, 2010, and if unpaid by above date, the entire amount becomes due with the same penalties and interest or late payments as other unpaid taxes in the municipality.

�� Ordinance No. 2007-13

RESOLUTION NO. 3

BE IT HEREBY RESOLVED:

WHEREAS, Richard O�Connor, Borough Engineer, has submitted his report to the Governing Body of the Borough of Kenilworth certifying the cost of construction of the curbs on both sides of NORTH 11^TH STREET FROM BOULEVARD TO WASHINGTON AVENUE, Borough of Kenilworth, and assessing the cost thereof upon the property benefiting there from in proportion to and not in excess of the peculiar benefit, advantage or increase in value which the property is seemed to receive by reason of the improvement.

NOW, THEREFOR, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that the total assessment as set forth in the Affidavit of Richard O�Connor, dated January 21, 2010, is hereby confirmed and that the amount of each assessment as set forth therein shall become a lien on said property, in accordance with the law, and may be paid by said property owner in a lump sum payment without interest or may be paid by said property owner in equal annual installments over five years, with the first payment being due June 7, 2010 and if unpaid by the above date, the entire amount becomes due with the same penalties and interest or late payments as other unpaid taxes in the municipality.

�� Ordinance No. 2008-12

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RESOLUTION NO.� 4

WHEREAS, the Borough of Kenilworth (hereinafter referred to as the �Employer�) by resolution previously adopted a Deferred Compensation Plan (hereinafter referred to as the �Plan�) for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

WHEREAS, the Economic Growth and Tax Relief Reconciliation Act of 2001, the 2005 final regulations issued under the Uniformed Services Employment and Reemployment Rights Act of 1994, the Pension Protection Act of 2006, final Treasury Regulation �1.457-4, the Heroes Earnings Assistance and Relief Tax Act of 2008 , and the Worker, Retiree and Employer Recovery Act of 2008 amended sections of the Internal Revenue Code (the �Code�) and the rules and/or regulations issued thereunder affecting Section 457 Deferred Compensation Plans (cumulatively referred to as the �Acts and Regulations�);

WHEREAS, the Employer desires its Plan to conform with the changes in the Code and Treasury regulations brought about by the Acts and Regulations;

�

WHEREAS, the Employer desires to adopt a restated Plan that conforms with the changes in the Code and Treasury regulations resulting from the Acts and Regulations;

WHEREAS, such revised Plan shall supersede the previously adopted Plan;

NOW, THEREFORE BE IT RESOLVED that the Employer hereby adopts a revised Plan 76-PD-Lincoln-120709.

BE IT FURTHER RESOLVED that The Lincoln National Life Insurance Company and Lincoln Financial Group, it�s agent, has agreed to continue to be the provider of the Deferred Compensation Program for employees and elected officials; and

BE IT FURTHER RESOLVED that the Lincoln National Life Insurance Company and Lincoln Financial Group it�s agent, will continue to provide, for the benefit of the participants the Multi-Fund Variable Annuity contract; and

BE IT FURTHER RESOLVED that there has been no collusion, or evidence or appearance of collusion, between any local official and a representative of Lincoln National Life Insurance Company and Lincoln Financial Group, it�s agent, in the selection of a provider pursuant to N.J.A.C. 5:37 - 5.7.

BE IT FURTHER RESOLVED that the Finance Director or Business Administrator is authorized to execute an Administrative Services Agreement with the Lincoln National Life Insurance Company and Lincoln Financial Group, its agent, (12-SA-Lincoln-072595) and such other agreements as are necessary to implement the Deferred Compensation Program.� It is implicitly understood that there is to be no cost or contribution by the Employer to the program; and

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BE IT FURTHER RESOLVED that the Finance Director or Business Administrator is authorized to serve as the �Administrator� of the plan, represent the Employer, and execute individual deferred compensation agreements with each said employee; and

BE IT FURTHER RESOLVED by the Employer that the Clerk forward a certified true copy of this resolution to the Finance Director or Business Administrator; and

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services at P.O. Box 803; Trenton, NJ� 08625-0803.

RESOLUTION� NO.5

Be It Hereby Resolved:� That the INTERLOCAL SEERVICES AGREEMENT with the City of Rahway for Type 13 Bulky Waste Pickup and Disposal for the Years 2010, 2011 and 2012 be ratified and that the Mayor and Borough Clerk be authorized to sign said Agreement.� Cost as follows:�� 2010 =� $61,585.

�� 2011 =� $65,377

�� 2012 =� $68,645

Certification of Funds

Date: ________________________

Appropriation: ________________

Treasurer:____________________

��

RESOLUTION NO. 6

WHEREAS, the Mayor and Council of the Borough of Kenilworth advertised and received two (2) bids for On Call Services-Roadway Assistance on March 4, 2010 at 10:00 AM, and;

WHEREAS, the magnitude of the work is such that the Borough of Kenilworth reserves the right to select more than one bidder to ensure ample coverage for the work to be performed, and;

WHEREAS, Denbar Construction, 711 Monmouth Ave., Kenilworth, New Jersey 07033 and S. Brothers, Inc., P.O. Box 317, South River, New Jersey 08882 were the lowest responsible bidders proposing unit prices as per the attached schedule, and;

WHEREAS, the Borough Engineer has reviewed all the documents required by the bid specifications and recommends awarding contracts to Denbar Construction and S. Brothers, Inc. for each work order as necessary at the unit prices as per the attached schedule;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby award contracts to Denbar Construction and S. Brothers, Inc. at the unit prices listed.

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RESOLUTION NO. 7

RESOLUTION DESIGNATING THE MONTH OF MARCH AS �WOMAN�S� HISTORY� MONTH�

WHEREAS New Jersey women of every race, class, and ethnic background have made historic contributions to the growth and strength of our State in countless recorded and unrecorded ways;

WHEREAS New Jersey women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the State by constituting a significant portion of the labor force working inside and outside of the home;

WHEREAS New Jersey women have played a unique role throughout the history of the State by providing the majority of the volunteer labor force of the State;

WHEREAS New Jersey women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our State;

WHEREAS New Jersey women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement;

WHEREAS New Jersey women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and

WHEREAS despite these contributions, the role of women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American History;

WHEREAS the Department of Community Affairs, specifically the Division on Women�s goals are to remember and celebrate New Jersey women and to:

� Ensure that NJ women are offered equal opportunities in education, the workforce and healthcare regardless of age, sexual orientation, income, ethnicity, race or religion.

� Identify, implement, measure and coordinate programs that address the needs of NJ women.

� Engage in continuous study and research on issues affecting NJ women and their families, develop policy papers and legislative recommendations

NOW, THEREFORE, BE IT RESOLVED by the Governing Body in the Borough of Kenilworth, State of New Jersey, that March 2010 is designated as �Women�s History Month� under the National Women History Project�s 2009 theme: Women Taking the Lead to Save our Planet.

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Proposed Ordinance No. 2010-04 was read for second reading as follows:� (Copy appears in

Minutes of January 27, 2010)

ORDINANCE NO. 2010-04

ORDINANCE AMENDING CHAPTER 190-43 SCHEDULE XI OF CODE OF THE

BOROUGH OF KENILWORTH

Mayor Fiamingo stated this is a second reading for the installation of a four-way stop sign at the intersection of Sheridan and North 17^th Street on the recommendation of our Police Department and our Borough Engineer due to the multitude of accidents at that corner.

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-04.

No on wished to speak.

The Mayor closed the hearing to the public on Ordinance No. 2010-04.

RESOLUTION NO. 8

Introduced by Scott Klinder adoption moved by same.

Seconded by Fred Pugliese

Be It Hereby Resolved: that Proposed Ordinance 2010-04 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor.

Motion was made by Councilman Joho, seconded by Councilman Klinder to open the meeting to the public.

MEETING OPEN TO THE PUBLIC

Livio Mancino, 102 North 24 Street � Mr. Mancino said there is a serious problem on Market Street which has been a problem since he sat in the Mayor�s seat.� He said someone came into his office and said they could not find 141 Market Street.� He said 139 is past the Parkway going south and 141 is about farther up going north.� He said the numbers are totally discombobulated and he said it�s amazing that people can find spots. He suggested that through the Police Department, the Post Office and the Mayor they try and get the numbers straightened out. He said if the ambulance or fire department has to get to those people it could be disastrous.

Mr. Mancino said that Washington Avenue has many potholes and is falling apart.� He said the County finally painted school crossing signs on the street.� He strongly recommended the Mayor take a look at the street because it is a very important street because the Fire Department, the

Regular Council Meeting � March 10, 2010�� Page 11

church and the exiting from the school parking lot is on that street. He said the school parking lot is going to be resurfaced and it would be foolish to have that in great shape and the street falling apart.

Mr. Mancino asked Councilman Joho if the Borough�s cap was 3% and Mr. Joho replied it is a 4% cap.� Mr. Mancino said there is a public hearing on the school budget on the 31^st and he encouraged everyone to attend because there are many rumors.

Mr. Mancino asked if his five year payment plan on his assessment is without interest?� He said in the past people always paid interest if they paid the payment over a five year period. The Mayor said she does not believe there is interest but if anyone has any questions they should call the tax office.� Mr. Mancino said he does not know anyone who lets you use money for five years and does not pay interest.

Bob Herbert, 363 Coolidge Drive� - Mr. Herbert said quite a few years ago the Fire Chief tried to get an ordinance passed that your number has to be clearly marked on your business and your residence for public safety reasons in case there is an emergency.� He said if emergency people are called to the scene for an emergency they will not be able to find the house or business.�

Mr. Herbert asked Councilwoman Sosnosky to have the DPW, when filling in potholes, to do the entire street instead of just a section. He said they filled only part of Lincoln Drive and did not fill in potholes on Roosevelt which had many large potholes.

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

GENERAL BUSINESS

Mayor Fiamingo said for the most part, the post office is responsible for where the numbered houses are on the street but she will look into the situation because it is a safety issue.

The Mayor reminded everyone to either attend the Board of Education Meeting on their budget or watch it on TV.� She said there are going to be difficult times ahead and we all should know what the board is doing for the kids and how they are managing to make everything happen.

ADJOURNMENT

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

8:35 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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