Council Minutes from 5/11/2011


Council President Kevin Leary read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Council President Kevin Leary.


Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Peter Corvelli, Brian Joho, Scott Klinder, Kevin Leary and Fred Pugliese.


It was moved by Councilman Candarella, seconded by Councilman Joho, and carried that the minutes of the Work Session of April 26, 2011 and the Regular Council Meeting of April 27, 2011, be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)


1.    Notice of Hearing before the Kenilworth Land Use Board for a Certification of Non- Conformity or alternative use Variance to permit a two family residential dwelling.

2. Notice of Public Hearing received from Verizon Wireless regarding an application before the Kenilworth Planning Board for a proposed installation of a natural gas-powered emergency backup power generator to be placed adjacent to Verison Wireless telephone installation on a rooftop at 201 So. 31st. Street.  Hearing scheduled for May 26, 2011.

3.  Letter from Regina Badali, 3 Via Vitale, requesting permission to hold their annual Block Party on Via Vitale on Saturday, June 18, 2011.

4.  A check was received from the State Solid Waste Administration for the 2011 Clean    Communities Grant in the amount of $11,645.87.


1.              Police Department Report for the month of April, 2011.

2.             Borough Clerk’s Report for the month of April, 2011.

3.             Construction Report for the month of April.

4.             Fire Department/Rescue Squad Report for the month of April, 2011.

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




Councilman Joho reported that tonight we are voting to adopt the 2011 Municipal Budget.  We present a budget that satisfies the needs of the residents and maintains the necessary services of the Borough and that demonstrates spending restraints and frugality. This budget is fiscally conservative, maintaining a reasonable surplus, provides Capital Funding to maintain our infrastructure and also provides for emergencies without burdening the taxpayers unnecessarily.  He thanked his fellow Councilman Fred Pugliese and Peter Corvelli, members of the Finance Committee for their efforts.  He also thanked the Finance Officer, Robert Ordway and the Borough Auditor, Jim Cerullo for all their work in formulating the budget.  He said mostly he thanked the Department Heads.  He said he has been involved with the budget for the last four

years and the Department Heads have come through again with presenting reasonable budgets and  working within their limited resources while continuing to provide the essential services for the Borough.

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Councilman Corvelli reported he received correspondence from Superintendent Ryan and the DPW has been cleaning sanitary sewers, catch basins and filling potholes.  He said it is grass season and grass is piling up and they are taking care of that.  Bulky Waste pick-up is complete and they collected 201.27 tons of bulky waste and it cost the town $51,587.00.  He said the stripping machine is still down due to the pump which was ordered and should be in next week.  They installed a new meter at the pumping station and if it goes down it will alert the Police Department.


Councilman Pugliese reported he has received the monthly report from Police Chief Grady and Detective Sgt. Timothy Dowd and they all seem in order.  He said about one year ago, due to the overcrowding that exists at the Police Department and Borough Hall,  the Borough purchased a piece of property on South 23rd Street across the street from the Borough Hall.  He is pleased to announce that the building has been refurbished and is now fully operational by the Detective Bureau and has been  for the past two weeks.  He gave special credit to Detective Giacalone, Detective Sgt. Dowd and Lt. William Hannon, who took the lead on getting the Detective Bureau operational and for moving the desks and files from trailer into the new building. Councilman Pugliese said the old Detective Trailer has been taken by the Union County Sheriff’s Department at no charge to the Borough.  He thanked the towing company for taking the trailer away free of charge.  He also thanked the DPW for their help.

Mayor and Council received a letter from Chief Grady dated May 2, 2011 outlining that due to the numerous retirements within the Police force he is requesting promotions to fill those positions.  As a result of this request the Police Committee will be meeting next week to discuss with the Police Chief the necessity of the promotions and the positions to be filled.  He said they will then report back to the Governing Body.

Councilman Pugliese said Operation Take Back took place last month and Detective Sgt. Timothy Dowd and Detective Anthony Giacalone collected approximately two boxes of unwanted and unused medication.


Councilman Candarella reported he has reviewed the Construction and Zoning Reports for the month and they are all in order.  The new Master Plan which was adopted about a month ago is now available at the Clerk’s Office for anyone who wants a copy.  It will be on-line in about a week or two.


Councilman Leary announced that Sunday, May 22nd the Fire Department and Rescue Squad will have an Open House from 11:00 am to 3:00 pm.  He asked everyone to come out and show support for our brave men and women of the Fire Department and Rescue Squad.  He said children can come and see the Fire Trucks and learn about the brave job they do keeping us safe.



Councilman Klinder reported on Thursday, May 5th Karen Land returned to the Library with her dog and there were about 50 people. On Sunday, June 12th the Kenilworth Library will be sponsoring a trip to the Somerset Patriots Game.  He said you can contact the library for more information.  On June 16th, Bard on the Boulevard will kick off with Mid Summer Nights Dream.

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Introduced by Sal Candarella, adoption moved by same

Seconded by Scott Klinder

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and

WHEREAS N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 THRU 7.5 the Borough of Kenilworth  has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Kenilworth meets the necessary conditions to participate in the program for the 2011 budget year, so now therefore

BE IT RESOLVED, by the Township Council of the Borough of Kenilworth that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer's certification.  The governing body has found the budget has met the following requirements:

1.   That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a.   Payment of interest and debt redemption charges

b.   Deferred charges and statutory expenditures

c.   Cash deficit of preceding year

d.   Reserve for uncollected taxes

e.   Other reserves and non-disbursement items

f.    Any inclusions of amounts required for school purposes

2.   That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met (complies with the "CAP" law).

3.   That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4.   That pursuant to the Local Budget Law:

a.   All estimates of revenue are reasonable, accurate, and correctly stated.

b.   Items of appropriation are properly set forth

c.   In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

5.   The budget and associated amendments have been introduced, publicly advertised, and in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6.   That all other applicable statutory requirements have been fulfilled.


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                                                         Borough of Kenilworth, N.J.

                                                     Certification of Approved Budget

It is hereby certified that the Approved Budget complies with the requirements of law and approval is given pursuant to N.J.S.A. 40A:4-78(b) and NJAC 5:30-7.

It is further certified that the municipality has met the eligibility requirements of NJAC 5:30-7.4 and 7.5, and that I, as Chief Financial Officer, have completed the local examination in compliance with NJAC 5:30-7.6.

Dated: May 11, 2011                             By:  ______________________________________                                                        

                                                                                    Robert F. Ordway, Chief Financial Officer

This certification form and resolution of the governing body executing such certification should be annexed to the adopted budget (N.J.A.C. 5:30 7.6(e))

All in favor.


Introduced by Brian Joho adoption moved by same

Seconded by Sal Candarella

Borough Clerk reported the bottom line is that the total budget is $14,629,571.00 and the amount  to be raised for taxation for Municipal purposes is $10,513,171.00.  The budget had a hearing at the last meeting that met the requirements.

All in favor

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



Resolutions No.3 thru 5 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 Leary moved that all items under Consent Agenda be approved, seconded by Councilman Candarella . Upon roll call the vote was unanimous.


BE IT HEREBY RESOLVED:   That all bills be paid when properly audited and funds are available.


Be It Hereby Resolved:  That the Borough Clerk be authorized to issue the following Raffle Licenses:


#1017  VFW Post 2230 for an Instant Raffle Game to be played from May 30, 2011 thru May 30, 2012 at 33 South 21st Street, Kenilworth, NJ.


WHEREAS, New Jersey American Water paid for police outside duty and fees were received by the Kenilworth Police Department, and

WHEREAS, it has been determined that all dates were not covered by police officers and a refund is due,

NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to issue a warrant to refund the following amount to:

Amount of $265.00 refunded to New Jersey American Water

New Jersey American Water

P.O. Box 5600

Cherry Hill, NJ 08034

1-01-25-745-015 - $195.00

1-01-08-175-002 - $70.00 (revenue account)



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

Toni Sosnosky, 36 South 17th Street – Ms. Sosnosky said she is speaking tonight as the Kenilworth Beautification Chair.  She said  the Beautification Committee is a group of 8 volunteers who this year filled all the planters along the Boulevard with beautiful colors of spring.  The flowers were generously donated by Mr. Phil Kramer, Garwood Home Depot.  The Beautification Committee needs the support of all residents to help keep the flowers growing and by watching out for vandalism on the planters as did happen last year.  On behalf of the Committee Members I thank you for your cooperation.

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Herb Michitsch, 725 Monmouth Avenue – Mr. Michitsch asked what is the impact of the budget on the homeowners?  Councilman Joho said the total spending increase outside the cost of rising health insurance costs and pension obligation costs, the Borough’s actual spending increase is $76, 799.00. The other totals came out to about $400,000.00.  He thanked the Departments because most came in with zero if not negative budgets and very few came in with a marginal increase.  He said we are under the 2% State mandated Cap, in fact we were $140,000.00 under the State mandated Cap. He said what that means to the average home assessed at $176,900.00 is $97.80, which is the Municipal portion of the tax and does not include the County or the school.   Mr. Michitsch said he knows that Merck is asking for a reassessment of their property and he said he hopes the Council is not going to wait until that reassessment goes into effect because it may take two or three years.  He said now is the time to work and plan ahead to make sure that the homeowner is not going to be burdened with the full amount .  He asked if there are any plans right now?  Councilman Joho said there are 41 tax appeals pending for 2011 and last year there was 36 tax appeals with Merck being the largest.  He said they are working with the Tax Assessor and  have hired council to work on appeals and intend to resolve them as soon as possible and not postpone the agony because if you postpone it you only end up giving back prior years so the quicker we can resolve them the better off we’ll be.  Mr. Michitsch said someone will have to pick up the difference and it will be the homeowners that were not reassessed. Mr. Michitsch asked if the Council was planning to do anything else.  Councilman Joho said as far as the large industrial and commercial properties, it is hard to estimate what the impact will be.  He said it could be significant and we will have to address that in a major way. 

Mr. Michitsch said he looked through the budget and the major increases are mainly in salaries and wages and compensation.  He asked if anyone here had the guts to go back to the various people and tell them the Borough is out of control and ask them to give up some of their raises.   He said other towns have gone back to the unions and said they could not live like this and asked them to give up something.  He asked if the Borough has done that? Councilman Joho said there has been a hiring freeze for the last four years. He said there has been a reduction in staff and we have not replaced anyone and also there have been a few retirements in the Police Department for which we do not intend to replace this year.  Councilman Pugliese added that there were also two retirements in the Police Department last year as well as the DPW and the Borough has less people now than in the prior administration.  Along with the hiring freeze we have instituted a maximum number of hours that part- time employees can work and have been looking into sharing services for dispatch and also for the court system.  He said there are eight different people working in eight different directions to try and solve the upcoming issues.  He said they  talked to the Police Department and were unable to come to a resolution but overall, even the Police Department is working hard in doing more with less.  He said they have less manpower.  He said they are getting contractual raises which were contracted before the downturn of the economy.  We made a contract with them and we have to abide by the contract.  He said the Police Department is working with five less men which is approximately 15% less manpower then they had before.  He said the DPW is doing more with less.  He said you can’t just keep picking on employees and asking for more, they are all working hard.

 Councilman Candarella added that if you come to the Work Sessions a major portion of the conversations are how are we going to save money.  We are looking at what we can do in the near future and also in the next six months.  He said they are looking to the future as to how to save money.  He said to answer Mr. Michitsch’s initial questions, yes everyone of their work sessions meetings they talk about ways to save money and how they are going to do it. Mr. Michitsch said he does not want to pick on the Police Officers but looking at the budget there is nothing that reflects in their salaries and wages that seems to indicate to him that there is a reduction in force on the Police Department.  He said there are going to be more promotions and they cost money.  He said the budget is over 2 million dollars in salary and wages and went up $180.000.00 from last year and you are telling him there are five less police officers?  He said something is missing and it does not add up.  Councilman Klinder said we need Supervision out there.  Mr. Michitsch said times are tough and the Borough has to bite the bullet. He said other towns are not promoting, they are furloughing people and asking them to give something back.  He said they are giving up their raises.  He said a million and a half in salary and wages for the DPW and for

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what? He said that is a big expense.  He said today we spent $51,700.00 in bulk pick up.  He said Mr. Klinder introduced a proposal last year to cut back the bulky waste pick up to once a year and was shot down and that would have been $57,000.00 we saved this year..  People are throwing out more garbage and the more chances you give them to throw out, the more they will throw out and we are paying for it.  Councilman Candarella said whether you have one pick up or two you still pay by the ton.  He said you will not cut the man hours in half and you are not saving.  He said it would have taken them twice as long to do it once per year and it would be the same amount of tonnage.  He said you may have saved ten dollars.  Mr. Michitsch said you need to limit the amount of garbage they can throw out because he saw people clean out a whole house and that is wrong, they should buy a dumpster.  He said anything over a certain amount they should be charged by the pound.  Councilman Candarella said it might be a good idea to limit the amount.  Councilman Leary said that he sat in on the meeting to discuss this matter of bulky waste pick up and after the testimony of Department Head Ryan it was his recommendation that it not happen that way because it would not be that much of a saving.  He said the reason it was not pursued, was not because they were not interested in saving money but rather a reduction in services without an appropriate compensation for it.  Mr. Michitsch said he did not know what he’s talking about and Councilman Leary said he did not mean to say compensation but rather he meant the reduction with regards  to taxes did not justify the reduction of services. Mr. Michitsch said we can’t afford it, taxes are going to up again, more foreclosures are coming, real estate prices have been down and the Borough is killing us with the taxes.  He said as far as the promotions are concerned, why promote now when we can wait and work with what we have now.  He said when times are good then we can promote. Mr. Michitsch said Mr. Leary did not support Councilman Klinder at the work session when he brought up not having bulk pick up.  Councilman Leary said that was not true, he was at a Committee Meeting and he was interested in supporting him but the reason he did not was because it was not justified.  Mr. Michitsch asked the Council to be diligent because we have big problems in this town and collectively they can do something about it like planning ahead.  Mr. Michitsch asked what was the cost to refurbish the house across the street?  No one on the Council knew the answer.   Councilman Pugliese said to Mr. Michitsch that he can’t ask questions and expect them to know the answer off the top of their heads.  Mr. Michitsch said if he was sitting up there he would know the answer. He said a couple of times he came up to ask questions and no one knew the answer.   Councilman Leary said to Mr. Michitsch that we had the hearing at the last Council Meeting for the budget with regard to the individual line items.  Mr. Michitsch said he could not make the meeting but if he was at the meeting everyone would have seen him and also heard him along with people down the block.

Councilman Leary apologized to Mr. Michitsch and said there are other residents waiting to speak.

Walter Sosnosky, 36 South 17th Street – Mr. Sosnosky said the proposal he is about to present may sound quite radical but with further thought it not only makes sense but it is the foundation of our democracy.  1) Each of the six council seats will represent a district and that Councilperson must live in the district in which he or she takes office.  2) That Councilperson will be responsible for the residents in  said district 3) Extend the term for Council members to four years, same as the Mayors term. 4) The Board of Elections, Mayor, Council and Borough Attorney to come up with a format that all council seats come up for election at the same time and that this proposal be put on the ballot on November 8, 2011 in the Public Question for our voters. Mr. Sosnosky said he already set up a Petition to bring to the residents to see what support there is on such changes.  He said this is a better way to run the Borough because each district will be represented.  He asked the Council is every district represented? He said he thinks not.  Councilman Leary said he thinks the Council well represents the town. Mr. Sosnosky said that if you had a council where each district had a council person responsible for it’s constituents that councilperson would hear their complaints.  For example if you were in District 5 you would be more apt to take care of areas in your District like paving roads or whatever the case may be. He said if every district had a council representative residents can go to that council person and say they are not getting the same services as the south side of town or whatever the case may be.  He said he does not think there is anything wrong with the proposal other than to do it.

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Lt. William Hannon, 567 Boulevard – Lt. Hannon said regarding the Taylor House discussion, they have not received the final figure as to what it cost.  He said the police officers that were involved in setting the house up saved thousands and thousands of dollars and called in favors thru the PBA to get work done at that house because they know that the Town is going through a tough time.  He said a lot of Police Officers live in town and pay the taxes and bear the same burden when taxes go up.  The house came out beautiful and they saved the town a lot of money because everyone pitched in and they got different people from town to help them out.  He said the council started the ball rolling and we took it over because we thought it would be better that we set it up the way that we needed it.  We saved the town a lot of money and called in a lot of favors to get stuff done with people donating material, doors and whatever we needed.  He Thanked the Mayor and Council and said everyone should go over see how nice the house turned out. 

Herb Michitsch – Mr. Michitsch said he did not mean to demean the Police Department, all he wanted to know was what was spent.  He said that was very helpful to know that a lot of things were donated and no one in Town knows what the police and other people did to help them out.  Everybody knows that things had to be done and they automatically assume that it came out of their pocket and he commends the police for doing a great job.

Bob Herbert, 363 Coolidge Drive – Mr. Herbert asked Councilman Joho  what are the two most expensive accounts for our budget is it town tax, school tax?  Councilman Joho said the school budget far exceeds the Municipal Budget and pension and health care are the big ticket items.  Mr. Herbert asked doesn’t the County carry a big burden?  Councilman Joho said the County has not sent their final figures so he cannot give an exact quote on what the County portion of your tax will be but he will say that the County’s taxes went up this year.  They far exceeded the 2% Cap that the Municipalities were beholden to.  He said everyone needs to take a visit to the Freeholders Board Meeting and raise hell because the County taxes continue to go up year after year.  Mr. Herbert said that hurts the individual  towns.  He is hearing rumors during this economical tough time that they got a six percent increase and it is going to be passed on to the taxpayers.  Councilman Joho said absolutely.  Mr. Herbert said that is out of the Mayor and Councils control.  Councilman Joho said we are responsible for the 14 million dollar Municipal Budget and the County Budget is up to the Freeholders Board and also the Board of Education controls their budget.  He said we only see that budget if it is voted down.  Mr. Herbert said that is for the kids and we’re not against the school spending money for the education and the future of America but the County is getting a 6% increase and we are working with a 2% Cap.  He said residents and taxpayers are badgering you guys because you can’t stop the County.  He said it is out of your control because they dictate to you, you do not dictate to them.  Councilman Joho said the only control you have over the County’s taxes is in the polls when you vote for the Freeholders.  He said if you are willing to accept 6% then continue to vote those people in. Mr. Herbert said when he sees some of the County roads they should get a 100% increase because they do such a fine job on the roads in New Jersey.

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


Councilman Joho said that this budget is so bare bones that he challenges anyone to investigate the actual line items.  He said the State mandated a 2% Cap and we came in $140,000.00 less than the CAP.  He said if you have read the newspapers you know there were a number of Municipalities that had to go to vote to try and exceed that cap because they could not make it.  He said only two of the fourteen that actually went to vote actually had it passed by the Municipality.  He said those other towns have to take cuts.  He said what people fail to see in these municipal meetings on Wednesday is the nuts and bolts behind these meetings.  Tonight’s meeting is the formal meeting to vote on the resolutions but there is also a public opportunity at the Work Session Meetings on Tuesdays and that is where you are going hear the banter back and forth and the actual discussions of the different avenues we are trying to take to

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reduce taxes and find new and inventive ways to govern.  He asked residents to visit the Work Sessions on Tuesdays.  This evening is a formality to go through the process but the decisions are really made prior at the Work Sessions on Tuesday.  He commended everyone on generating another fiscally prudent budget.  He said it is a budget that takes into account the quality of life.  He said we would all like to save money here and there but some things you cannot ignore like garbage pick-up and bulky waste pickup twice a year.  He said if we don’t pick it up and people don’t go out and spend money to get dumpsters then where does that garbage go?  It accumulates in the back yards, garages, basements and attics.  He said then it becomes not only a hazard for the residents living there but also the Fire Department that may have to go into that burning house which is overcrowded with debris.  He said we have all seen hoarders on TV and we don’t want to go down that route and give people the opportunity to accumulate that much mess.  He said reducing it down to one pick up per year does not reduce the cost because the tonnage is still there whether you pick it up once or twice.  He said if I have to save the bulky waste for six months the tonnage will still go to the curb.  He said these are things that are good things to look at and we do at our committee meetings and work shop meetings. He said residents need to realize that there is a lot more work going on up here then appears in this half hour session that takes place on Wednesdays.

Councilman Candarella said he is a new member of the Police Committee and from what he understands you need a Supervisor on every shift.  You need a leader that is controlling the officers out on the street.  He said whether that leader is a Sergeant, Captain or Lieutenant, you need leadership.  He said we have lost several Sergeants and Lieutenants and we need to replace these people because officers need direction and you can’t have just one Chief and all soldiers.  Supervisors are needed for all 24 hour shifts  365 days a year. He said even if we don’t promote the person acting as a supervisor, they get the additional salary anyway.  He said we need to chose who we want to be the Supervisors and make some good decisions.  The Police Department needs Supervisors and needs someone out there directing what is going on in our town per shift, not just one guy all the way on top.

Councilman Pugliese said promotions are not a done deal, we are going to meet and discuss and if the committee is in agreement that the promotions are necessary we go to the next stage which is the Police Chief’s recommendations. He said as an Attorney he has been involved in representing Police Departments in the State and he has been involved where there were multimillion dollar settlements because of lack of supervision.  He said you can’t be penny wise and pound foolish and you have to watch where you are cutting.  We want to take care of our taxpayers but we also want to do it wisely because otherwise we can end up paying twice or three times as much later on down the road.  He said Kenilworth is one of the few towns that do not have a sewer tax and he is proud of that.  He said we don’t pay for garbage collection and these are services we provide to our residents. Councilman Pugliese said as the weather is getting warmer keep an eye out at the crosswalks and drive a little slower.

Councilman Leary said they are trying very hard to maintain the best services they can for the town and do it at the least expense possible, specifically with the Fire Department, Police Department and Rescue Squad.  He said there are certain minimums that we need to maintain on our Police Department and we are going to try and keep our expenses down as best as possible.  He said you have to have supervision in the Police Department and we are doing the best job we can.


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

8:50 P.M.                                                                                                                                  Respectfully submitted,


                                                                                     Hedy Lipke, Borough Clerk  

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