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					                               MINUTES OF THE REGULAR
                          MEETING OF THE 2009 COUNCIL OF THE
                            CITY OF LINDEN, HELD TUESDAY
                                  NOVEMBER 10, 2009


The regular meeting of the 2009 Council of the City of Linden, was held in the Council Chambers
in the City Hall on Tuesday, November 10, 2009 at 7:00 p.m., prevailing time.

The meeting was called to order by Council President Robert F. Bunk and he announced that the
notice of this meeting stating the date, place and time , has been disseminated as required under
the Open Public Meeting Act, Chapter 231, P.L. 1975,

The clerk rendered the opening prayer, after which the members of the Governing Body and the
persons in attendance saluted the flag.

Council President Bunk informed those present of the proper procedures for exiting the room in
the event of an emergency.

                                          ROLL CALL

A roll call showed the following members were present:

Councilman                      Christopher Kolibas
        “                       Richard Koziol
        “                       Joseph Harvanik
        “                       Derek Armstead
        “                       Gene Davis
        “                       Robert Sadowski
        “                       John D. Sheehy
Councilwoman                    Michele Yamakaitis
Councilman                      Bob Frazier
        “                       Richard Puschel
Council President               Robert F. Bunk
Mayor                           Richard J. Gerbounka

                                       PRESENTATIONS

                                   VETERAN OF THE YEAR
                                    WILLIAM DANIEL, Sr.

Mr. Davis stated that the gentleman being recognized tonight, for the veteran of the year
award, is someone I’m sure we all know. He served in the army from February 27, 1943 to
April 3, 1946. He served with several units while stationed in Germany from February 6,
1945 to March 18, 1946. He achieved the rank of Tech grade 5.
This gentleman received the American Campaign medal, European African Middle Eastern
Campaign medal and the Good Conduct Medal. He is active in the Linden Knights of
                           th
Columbus, Linden VFW, 5 Ward Democratic Club, Linden Citizens Organization, Current
Historian for the American Legion Post 102 in Linden. He also has been a citizen of Linden
for over 80 years. He is the father of six children, and they are all graduates of Linden High
School. It is my pleasure, along with the Committee’s pleasure to congratulate William J.
Daniel.

Mr. Davis then presented Mr. Daniel with a plaque naming him as Veteran of the Year by
the Linden Veterans Committee.

Mr. Daniel said that in 1943, when he went into the service, he stood out in front of this
City Hall with one hundred and fifty men, all being drafted and being sent to Fort Dix and
never thought that it would lead to this. He stated that he was very proud and thanked
everyone for coming. Mr. Daniel noted that tomorrow is Veterans Day and American
Legion Post 102 would be going to the monuments located throughout the City and
placing wreaths in honor of those who served. He asked that people, when the Post is in
their neighborhood, come out and attend the ceremony.

                                       WALL OF HONOR
                                        Dorothy Ford
                                        Bryan Dacruz

President Bunk announced that the City is creating a wall of honor. Tonight Dorothy Ford would
be honored. A presentation would be made to her husband Reginald Ford.
President Bunk stated that what can be said about Dorothy Ford that hasn’t been said already.
He spoke about her efforts on behalf of this City and her love for Linden. Tonight the City would
present a plaque to her husband in honor of her dedication to the City. President Bunk told a
story about a call from Mrs. Ford, two days before she died, from the hospital. Mayor Gerbounka
and President Bunk presented Mr. Ford with a plaque and noted that a second plaque would be
mounted on the Wall of Honor at the Linden Multipurpose center. Mr. Ford thanked everyone and
stated, as Dorothy would say, a job well done.

Mayor Gerbounka called upon Joan Heasman, mother of Bryan Dacruz to come forward for a
presentation. The Mayor spoke about what an honor it was for him to make this presentation
tonight. He spoke about the circumstances of Bryan’s death and noted that while Bryan was only
an employee of the City’s for seven years. During that seven years Bryan earned the respect of
his co-workers, management and of the community. He dedicated his waking hours to the youth
of Linden. A similar plaque would be mounted on the Wall of Honor at the Linden Multipurpose
Center. The Mayor thanked Mrs. Heasman for bringing Bryan into this world and for allowing him
to serve the citizens and youth of Linden. Mrs. Heasman stated that all she could say was Thank
You.


           ORDINANCES CONTINUED FROM THE OCTOBER 20, 2009 MEETING

President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:

#53-45 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER II, ADMINISTRATION,
AS FOLLOWS: Add new 2-35 Division of Records Management.

The Clerk read Ordinance #53-45. Council President Bunk asked if it was posted and published,
as required, to which the Clerk responded in the affirmative. Mr. Armstead moved to continue
Ordinance #53-45 to next month. The motion was seconded by Mr. Davis and was unanimously
ordered approved by a roll call vote.

                                 ORDINANCE – ON HEARING

President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:


#53-57          AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VII, TRAFFIC,
                AS FOLLOWS: 7-22-1 Four Way Stop Intersection

                Intersections                                    Location of Signs
                Add: Maple Avenue and Elm Street                 Maple Avenue at Elm St.
                                                                 Elm Street at Maple Ave.

The Clerk presented Proof of Publication relative thereto and stated that same has been
posted on the Bulletin Board.

President of Council Robert F. Bunk announced that the hearing was now open, that all
persons interested would be given an opportunity to be heard concerning the Ordinance
and the Clerk will read the Ordinance. Thereupon President of Council Robert F. Bunk
inquired if there were any written objections.

None were presented and the Clerk stated none had therefore been received. President of
Council Robert F. Bunk inquired if there was anyone who desired to be heard concerning
the Ordinance read by the Clerk.

Pat Hero, 1009 Wheatsheaf Road. Ms. Hero stated she knew how important and helpful
four way stops were. She noted that this intersection was located in Mr. Harvanik’s ward
and how caring he was of the people in the ward.

There being no further persons to be heard, Mr. Harvanik moved that the hearing be
closed and the Ordinance adopted. The motion was seconded by Mr. Armstead and was
on roll call vote ordered approved, with all voting in favor except Mr. Davis and President
Bunk whom abstained.
President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:


#53-58          AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VII, TRAFFIC,
                AS FOLLOWS: 7-33.1A Handicapped Parking On-Street

                Delete                         No. of Spaces
                15 West Linden Avenue                  1
                Add
                1524 Bower Street                      1

The Clerk presented Proof of Publication relative thereto and stated that same has been
posted on the Bulletin Board.

President of Council Robert F. Bunk announced that the hearing was now open, that all
persons interested would be given an opportunity to be heard concerning the Ordinance
and the Clerk will read the Ordinance. Thereupon President of Council Robert F. Bunk
inquired if there were any written objections.

None were presented and the Clerk stated none had therefore been received. President of
Council Robert F. Bunk inquired if there was anyone who desired to be heard concerning
the Ordinance read by the Clerk.

There being no further persons to be heard, Mr. Sheehy moved that the hearing be closed
and the Ordinance adopted. The motion was seconded by Mrs. Yamakaitis and was on roll
call vote unanimously ordered approved.

President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:


#53-59          AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER II,
                ADMINISTRATION, ARTICLE IV, DEPARTMENT ESTABLISHED, SECTION 2-
                12 DEPARTMENT OF POLICE AS FOLLOWS: Delete 2-12.1 Department of
                Police in its entirety, Add New 2-12.1 Department of Police


The Clerk presented Proof of Publication relative thereto and stated that same has been
posted on the Bulletin Board.

President of Council Robert F. Bunk announced that the hearing was now open, that all
persons interested would be given an opportunity to be heard concerning the Ordinance
and the Clerk will read the Ordinance. Thereupon President of Council Robert F. Bunk
inquired if there were any written objections.

None were presented and the Clerk stated none had therefore been received. President of
Council Robert F. Bunk inquired if there was anyone who desired to be heard concerning
the Ordinance read by the Clerk.

There being no further persons to be heard, Mr. Davis moved that the hearing be closed
and the Ordinance adopted. The motion was seconded by Mr. Sadowski and was on roll
call vote unanimously ordered approved.

President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:


#53-60          AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER IV, GENERAL
                LICENSING AS FOLLOWS: Delete 4-35.9 Limousines or Livery Services in
                its entirety, Add New 4-35A as follows: 4-35A Autocabs and Limousine
                Services


The Clerk presented Proof of Publication relative thereto and stated that same has been
posted on the Bulletin Board.

Mr. Kolibas moved to amend Ordinance #53-60 as follows:

         “Principle Place of Business” means, the location of the mail place of business of
         the limousine service in the municipality where limousine service is conducted,
         where limousines are dispatched, or where limousine drivers report for duty.
Mr. Kolibas stated that this amendment is necessary to avoid any discrepancy between
New Jersey State Statue and our municipal ordinance. I also move that Section 4-35A.5C
be amended to include “Within the City of Linden” after the words “parking area.” The
Municipal Attorney has advised that because this is a substantive amendment which
affects the overall substance of the Ordinance, the amendment may be acted upon this
evening, but the public hearing on the Ordinance will now take place at the next Council
meeting. The motion to amend was seconded by Mr. Koziol and the amendment was then
approved unanimously by a roll call vote.

President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:


#53-61         AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER IV, GENERAL
               LICENSING AS FOLLOWS: Section 4-37 Towing of Unauthorized Vehicles
               From Private or Quasi-Private Property. Delete 4-37.2 in its entirety, Add
               New 4-37.2 Registration License Required, Delete 4-37.4 through 4-37.8 in
               their entirety, Add New 4-37.4.


The Clerk presented Proof of Publication relative thereto and stated that same has been
posted on the Bulletin Board.

President of Council Robert F. Bunk announced that the hearing was now open, that all
persons interested would be given an opportunity to be heard concerning the Ordinance
and the Clerk will read the Ordinance. Thereupon President of Council Robert F. Bunk
inquired if there were any written objections.

None were presented and the Clerk stated none had therefore been received. President of
Council Robert F. Bunk inquired if there was anyone who desired to be heard concerning
the Ordinance read by the Clerk.

There being no further persons to be heard, Mr. Davis moved that the hearing be closed
and the Ordinance adopted. The motion was seconded by Mr. Sadowski and was on roll
call vote unanimously ordered approved.

President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:


#53-62         AN ORDINANCE ACCEPTING THE DEDICATION OF A PORTION OF BLOCK
               449, FOR INTERSECTION IMPROVEMENTS RELATED TO THE GM
               REDEVELOPMENT PROJECT.


The Clerk presented Proof of Publication relative thereto and stated that same has been
posted on the Bulletin Board.

President of Council Robert F. Bunk announced that the hearing was now open, that all
persons interested would be given an opportunity to be heard concerning the Ordinance
and the Clerk will read the Ordinance. Thereupon President of Council Robert F. Bunk
inquired if there were any written objections.

None were presented and the Clerk stated none had therefore been received. President of
Council Robert F. Bunk inquired if there was anyone who desired to be heard concerning
the Ordinance read by the Clerk.

There being no further persons to be heard, Mr. Sadowski moved that the hearing be
closed and the Ordinance adopted. The motion was seconded by Mr. Sheehy and was on
roll call vote unanimously ordered approved.

President of Council Robert F. Bunk announced that this was the date designated for the hearing
and further consideration respecting an ordinance entitled:

#53-63         AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN
               LANDS IN THE CITY OF LINDEN RELATIVE TO THE ROAD
               IMPROVEMENTS IN THE AREA OF THE FORMER GENERAL MOTORS
               PROPERTY. THE PROPERTY SHALL BE ACQUIRED BY NEGOTIATION
               AND/OR CONDEMNATION BY THE CITY OF LINDEN AT A PRICE NOT TO
               EXCEED $2,032,560.00 INCLUDING ALL LEGAL, ENGINEERING, SURVEY
               AND TITLE COSTS RELATING TO SAID

The Clerk presented Proof of Publication relative thereto and stated that same has been
posted on the Bulletin Board.
President of Council Robert F. Bunk announced that the hearing was now open, that all
persons interested would be given an opportunity to be heard concerning the Ordinance
and the Clerk will read the Ordinance. Thereupon President of Council Robert F. Bunk
inquired if there were any written objections.

None were presented and the Clerk stated none had therefore been received. President of
Council Robert F. Bunk inquired if there was anyone who desired to be heard concerning
the Ordinance read by the Clerk.

Pat Hero, 1009 Wheatsheaf Rd. Ms. Hero stated her concern was that the City seems to
have set a price that they would not go above. She noted that the price, besides including
the acquisition of the property included all of the engineering and legal costs.

There being no further persons to be heard, Mr. Sadowski moved that the hearing be
closed and the Ordinance adopted. The motion was seconded by Mr. Sheehy and was on
roll call vote ordered approved, with all voting in favor except for Mr. Sheehy, who voted
no.


                                       CONSENT AGENDA

All items listed with asterisks (***) are considered to be routine by the City Council and will
be enacted with one motion. There will be no separate discussion on these items unless a
council member or citizen so request, in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.



(***)            TAX COLLECTOR:
(1)              The amount of money collected during the month of October 2009 and
Tax              turned over to the treasurer’s office is as follows:
Collector        2010 Taxes                        $24,818.82
                 2009 Taxes                        $14,819,073.85
                 2008 Taxes                        $0.00
                 2007 Taxes                        $0.00
                 Tax Search                        $10.00
                 Returned Check 2010               (21.79)
                 Returned Check 2009               (5,549.58)
                 Returned Check Interest           (72.36)
                 Arrears                           $1,471.27
                 Sewer Clean out charge            $450.00
                 Interest                          $20,901.44
                 Total                             $14,861,081.65


Block 324 Lot 11 - 309 Hillside Road
There now exists a credit balance on the above referenced block & lot due to the owner’s old
                                                                nd
mortgage company and the closing agent both paying the 2009 2 quarter tax payment. There is
now a credit in the amount of $435.03.
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $435.03: payable to: Arkadiusz & Agneiszka Belch, 309 Hillside Road, Linden, NJ
07036, charging same to account 9-001-999-904.


Block 580 lot 8 - Gelb Estates, LLC, 1065 Edward Street

The above referenced property owners are entitled to a refund due to a Tax Court of New Jersey
judgment reducing the assessment by 100,000 for the tax year 2009.
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $4,916.00 payable to: Michael I Schneck, Trustee for Gelb Estates, LLC 301 South
Livingston Avenue, Suite#105, Livingston, NJ 07039, charging same to account #9-001-999-903.
Block 441 Lot 10.2 - 114 Carteret Street

There now exists a credit balance on the above referenced block & lot due to the owner paying
          rd
the 2009 3 quarter tax payment in error. There is now a credit in the amount of $128.23.
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $128.23: payable to: Henryk Dymko, 112 Carteret Street, Linden, NJ 07036, charging
same to account 9-001-999-904.


Block 382 Lot 16 - 618 Ercama Street

There now exists a credit balance on the above referenced block & lot due to the owner paying
                                                  th
and the mortgage company both paying the 2007 4 quarter tax payment. There is now a credit
in the amount of $107.30.
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $107.30: payable to: Charles E. Ring JR, 622 Ercama Street, Linden, NJ 07036,
charging same to account 9-001-999-904.


Block 233 Lot 8 - 32 Palisade Road
There now exists a credit balance on the above referenced block & lot due to the owner paying
                                    rd
and estimated amount for the 2008 3 quarter taxes. There is now a credit in the amount of
$40.11.
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $40.11: payable to: Rudolf & Anastazia Sec,32 Palisade Road, Linden, NJ 07036,
charging same to account 9-001-999-904.


Block 56 Lot 6 - 509 Cranford Avenue
There now exists a credit balance on the above referenced block & lot due to the former owner’s
                                                             rd
mortgage company and the closing attorney paying the 2009 3 quarter taxes. There is now a
credit in the amount of $3,626.20.
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
                                                                                    nd
amount of $3,626.20: payable to: Linda E. Mallozzi, LLC, 1435 Morris Avenue, 2 floor, Union,
NJ 07083, charging same to account 9-001-999-904.


Block 422 Lot 16 & 17 -Lindel Corp, 1400 & 1500 W. Elizabeth Avenue

The above referenced property owners are entitled to a refund due to a Tax Court of New Jersey
judgment reducing the assessment by 400,000 for the tax year 2008 & 2009 for lot 16, and by
100,000 for the tax years 2008 & 2009 for lot 17.
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $43,392.00 payable to: Zipp & Tannenbaum LLC & Lindel Corp, 166 Gatzmer Avenue,
Jamesburg, NJ 08831, charging same to account #9-001-999-903.


2009 Tax Sale
Requesting the refund of the premium paid at the 2009 tax sale on the following block & lot.
        Block Lot        Redemption Date           CTF#    Amount
        536              4 11/4/09 08-00270 $31,000.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
                                                      th
amount of $31,000.00 payable to: SFS, LLC, 17 20 Street, Suite #0310, Birmingham, AL 35203,
charging same to account #9-001-999-957.


2009 Tax Sale
Requesting the refunds of the premiums paid at the 2009 tax sale on the following block & lot.
        Block Lot        Redemption Date           CTF#    Amount
        471              10       10/27/09                 08-00237         $50.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $50.00 payable to: Lillian Zhang 11 Walnut St., Livingston, NJ 07039 charging same to
account #9-001-999-957.
2005 Tax Sale
Requesting the refund of the premium paid at the 2005 tax sale on the following block & lot.

        Block Lot        Redemption Date           CTF#    Amount
        415              6        10/29/09                 040168           $35,000.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $35,000.00 payable to: US Bank-Cust./Sass Muni V DTR 2 Liberty Place-TLSG 50
        th
South 16 Street-Ste 1950, Philadelphia, PA 19102 charging same to account #9-001-999-957.

2008 Tax Sale
Requesting the refund of the premium paid at the 2008 tax sale on the following block & lot.
        Block Lot        Redemption Date           CTF#    Amount
        341              4        10/27/09                 07-00143         $2,900.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $2,900.00 payable to: ATF, LLC BMO Capital as Sec Pt, P.O. Box 862658 Orlando, Fl.
32886-2658 charging same to account #9-001-999-957.

2007 Tax Sale
Requesting the refund of the premium paid at the 2007 tax sale on the following blocks & lots.
        Block Lot        Redemption Date           CTF#    Amount
        209              31       11/4/09                  07-00106         $200.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $200.00 payable to: Pam Investors, 127 S. Washington Avenue, Bergenfield, NJ
07621 charging same to account #9-001-999-957.


2007 & 2009 Tax Sale
Requesting the refund of the premiums paid at the 2007 & 2009 tax sale on the following block &
lot.
        Block Lot        Redemption Date           CTF#    Amount
        110              10       10/20/09                 060065           $7,000.00
        164              2        10/19/09                 08-00141         $10,000.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $17,000.00 payable to: Plymouth Park Tax Services, P.O. Box 5822, New York,
NY10087-5882, charging same to account #9-001-999-957.

2009 Tax Sale
Requesting the refund of the premium paid at the 2009 tax sale on the following blocks & lots.
        Block Lot        Redemption Date           CTF#    Amount
        63               5        10/27/09                 08-00056         $50.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
amount of $50.00 payable to: 33 Somerset Street, LLC, 7 Riveredge Dr., Fairfield, NJ 07004
charging same to account #9-001-999-957.

2005 Tax Sale
Requesting the refund of the premium paid at the 2005 tax sale on the following block & lot.
        Block Lot        Redemption Date           CTF#    Amount
        48               2        10/19/09                 040016           $15,000.00
Therefore, it would be in order for the council to authorize the treasurer to issue a check in the
                                                                                                   th
amount of $15,000.00 payable to: US Bank Cust. for Phoenix 2 Liberty Place-TLSG 50 South 16
Street-Ste 1950, Philadelphia, PA 191102 charging same to account #9-001-999-957.
(***)          CITY CLERK’S OFFICE:
(2)            Advising that the following Bingo/Raffle application has been received
Bingo/         by the City Clerk’s Office and requesting approval of same.
Raffles
             Application                        No. of Games Fees Collected
             RA-1213                                    1    $20.00
             PTA Highland Avenue
             School #10

             RA-1214
             Mongil Corporation                          1        $20.00


             RA-1215
             Mongil Corporation                          1        $20.00

             RA-1216
             Mongil Corporation                          1        $100.00

(***)      CITY ENGINEER:
(3)        Advising that the Union County Community Development
UC         Revenue Sharing Committee at its meeting held on November 4, 2009
Revenue    approved the Senior Grant Program in the amount of $180,000. The
Sharing    program will enable eligible senior homeowners to receive up to $5,000 in
Comm.      assistance for repairs to their homes. It is expected that Development Directions,
           LLC, the City’s housing consultant, will administer the program.

(***)      CITY ENGINEER:
(4)        Advising that work has been completed on the contract listed and
Work       recommend acceptance of same as of November 10, 2009 in order to make
Complete   final payment.

           C-CA-436-507        2009 Curb & Sidewalk Reconstruction
                               Sea View General Contracting

(***)      CITY ENGINEER:
(5)        Advising that the State Division of Archives and Records Management has
Destroy    approved the destruction of Project Job Files from January 1960 through
Records    December 2007 and same has been completed under approval number
           72-582.

(***)      MAYOR RICHARD J. GERBOUNKA/LINDEN CULTURAL COMMITTEE:
(6)        Requesting permission from the Union County Board of Chosen Freeholders
Street     to close North Wood Avenue from Elm Street to Blancke Street on Friday,
Closure    December 4, 2009 at 4:00 pm to 8:00 pm to hold the City of Linden Annual Holiday
           Celebration and Tree Lighting.

(***)      CITY OF LINDEN - RENT LEVELING BOARD:
(7)        Advising that the State Division of Archives and Records Management has
Destroy    approved the destruction of Budget Work Papers, General Correspondence
Records    and Audio/Video Tapes from January 1974 to December 2004.

(***)      MAYOR RICHARD J. GERBOUNKA:
(8)        Advising that he has appointed the following individual to the Planning Board
Appt.      to fill the unexpired term of the late Peter Bartus.
Plan Bd.
             Mr. Val D. Imbriaco, 128 Thelma Terrace

(***)      MUNICIPAL TREASURER:
(9)        Advising that the following employees have waived their health plan
Waive      coverage in the year 2008 to receive the $2,900.00 incentive offered by
Health     the City of Linden. The total amount of reimbursement to these employees
Coverage   is $79,266.67. The list is on file in the City Clerk’s Office.

(***)      MUNICIPAL TREASURER:
(10)       Advising that the following City of Linden employee has filed for retirement:
Retire-
ment       Department          Employee         Title                             Date
           Police              John Horre       Police Sergeant                   Dec. 1, 2009


Mr. Harvanik moved Items #1 trough #10 on the Consent Agenda. The motion was seconded by
Mr. Armstead and was unanimously ordered approved by a roll call vote.
              COMMITTEE REPORTS AND COMMENTS FROM THE MEMBERS
                           OF THE GOVERNING BODY

First Ward Report

Mr. Kolibas reported that the office of Weights & Measures had completed 80 inspections during
the month of October. In addition there was the prosecution of one gas station for selling
adulterated gas. The station was found guilty and fined $3,000.00 plus court cost.

Mr. Kolibas reported that during the month of October the License Inspector issued 123
miscellaneous licenses and collected $2,120.00 in fees.

Mr. Kolibas reported that the City Clerks office, for the month of October, issued 462 licenses,
permits and transcripts and collected $5,318.51 in State and City revenue.

Mr. Kolibas asked all First Ward residents, if they have a tree in their neighborhood that needs to
be cut or trimmed to please contact him, as the Public Works Department would be in the First
Ward.


Second Ward Council Report
November 10, 2009

1. Engineering Department Report

– Starting on Tuesday, November 10th, milling will begin on Pennsylvania
Railroad Avenue, Carteret Street, Main Street, West Blancke Street, Jackson
Avenue, Ingalls Avenue, and McCandless Place. This should take
approximately 2 to 3 days. Weather permitting, paving should commence on
Monday, November 16th.

Yesterday, concrete work on sidewalks and curbs began on Miner Terrace
and Laurita Street. They will continue with Keep Street, Rosewood Terrace
and Berlant Avenue. Weather permitting, milling and paving of these
streets, in the same progression as the concrete work, will begin sometime
during the week of November 16th. This particular contractor likes to mill
and pave each street in a given day before moving on to the next.

I would remind residents to pay attention to the “Emergency No Parking”
signs in order to help expedite the contractor’s work.

– A meeting was held last Thursday to finalize the Linden Capital Budget and
Community Development Street resurfacing selections for 2010. Each ward
will be awarded at least two streets, with the total for both programs totaling
approximately $807,000. Street selections will be announced once approved
by Council.

– The New Jersey Department of Transportation recently started replacing
deteriorated curbs and walks on E. St. Georges Avenue between the
Elizabeth city border and Roselle Street.

– At its November 4th meeting, the Union County Community Development
Revenue Sharing Committee approved the Senior Grant Program in the
amount of $180,000.

– West Elizabeth Avenue Flood Control Project – All underground utility
work is complete. PSEG will move utility poles once construction commences
and needs a rise. The project will be advertised on November 19th with a
bid date of December 10th. If the bid procedure goes well, the contract can
be awarded at either the December or January Council Meeting. After a pre-
construction meeting and a few other hurdles, excavation could begin in
February. A meeting with area residents and business owners will take place
prior to the job commencing to hear any concerns before any issues arise.
– Correspondence has gone out to numerous commercial property owners to
perform maintenance on detention basins after departmental inspection, in
accordance with city ordinances.

– A draft Remedial Investigation report from consultants CDM on the United
Lacquer property is expected by early November now that all field events,
site surveying and sampling of points and wells have been completed. This
draft report will be reviewed by the City for comment/review prior to
submitting it to the NJDEP. This investigation report is the last of three
contractual studies by CDM, and an evaluation meeting will now take place
with CDM reps to go over the completed phases. We also need clarification
and reporting on where we are with NJ state agencies relative to study
findings.

2. Department of Public Works Report

– The DPW is mandated to clean the city’s brooks including West Brook,
Peach Orchard Brook and Jouet Brook, in 22 different locations by the end of
2010. Regular ward tree service and tree work in the parks will be adjusted
accordingly with available personnel to accommodate mandates.

– The Sanitary Sewer TV’ing schedule has been pre-empted by leaf season,
with crews currently out doing curbside cleanup. When the leaves stop
falling, the Sewer study will resume.

– There will be a meeting on November 24th to discuss the future possible
consolidation of the mechanical components of the Public Works Department
and the Municipal Garage. Detailed tours of the Municipal Garage and the
DPW garage will be given to committee members.

– The Second Ward Tree Trim list has been submitted which includes
approximately 30 trims and tree removals. Work will commence later this
month.

3. PCB Storm Sewer Contamination

The Linden Roselle Sewerage Authority has been conducting a PCB study in
the Second Ward for the past several years. Recently their consultant
discovered PCB traces in a storm sewer which exceeds NJDEP limits. An
investigation will take place to determine the cause of the contamination.

4. N.J. Transit Bus Service and Utilization of West Elizabeth Avenue parking
lot.

Members of our city’s administration have met with NJ Transit representative
to discuss the possibility of “Park-and-Ride” Transit bus service from the
West Elizabeth Avenue Transit lot to New York City. A use analysis is
currently being conducted, and initial observations show the lot to be vastly
under utilized. After a four month survey, final recommendations will be
made.

5. Abandoned Auto Repair facility at 1800 West Elizabeth Avenue.

I received a call this afternoon from inspectors from our Health Department
about an abandoned property at 1800 West Elizabeth Avenue. The structure
had been violated and vandalized and had become a hazard to the
neighboring community. I am told that the structure will be made secure and
all abandoned vehicles left on the property will be removed from the
premises.

Mr. Koziol asked that the following Resolution, declaring the month of
November “Pancreatic Cancer Awareness Month” in the Municipality of
Linden, New Jersey, be adopted. He then read the following:
Declaring the month of November “Pancreatic Cancer Awareness Month”
in the Municipality of Linden, New Jersey.

WHEREAS over 42,000 people will be diagnosed with pancreatic cancer this
year in the United States and over 35,000 will die from the disease;
WHEREAS pancreatic cancer is the deadliest cancer and the fourth leading
cause of cancer death in the United States;
WHEREAS 76 percent of pancreatic cancer patients die within the first year
of their diagnosis and 95 percent of pancreatic cancer patients die within the
first five years;
WHEREAS there is no cure for pancreatic cancer and there have been no
significant improvements in early detection, treatment methods, or survival
rates in the last 30 years;
WHEREAS when symptoms of pancreatic cancer present themselves, it is
usually too late for an optimistic prognosis, and the average life expectancy
of those diagnosed with metastasis disease is only three to six months;
WHEREAS incidence of pancreatic cancer is approximately 50 percent higher
in African Americans than in other ethnic groups;
WHEREAS the Federal Government invests less money in pancreatic cancer
research than it does in any of the other leading cancer killers;
WHEREAS the good health and well-being of the residents of Linden, New
Jersey are enhanced as a direct result of increased awareness about
pancreatic cancer and research into early detection, causes,
and effective treatments;
WHEREAS the Pancreatic Cancer Action Network is a national patient
advocacy organization that serves many pancreatic cancer communities
nationwide by focusing its efforts on public policy, research funding, patient
services, and public awareness and education related to developing effective
treatments and a cure for pancreatic cancer;
WHEREAS the Pancreatic Cancer Action Network and its affiliates support
those patients currently battling pancreatic cancer, as well as to those who
have lost their lives to the disease, and are committed to nothing less than a
cure;
THEREFORE BE IT RESOLVED that the City Council of the City of Linden
designate the month of November, 2009 “Pancreatic Cancer Awareness
Month” in Linden, New Jersey.

Mr. Koziol then moved the above resolution. The motion was seconded by
Mr. Harvanik and was unanimously ordered approved by a roll call vote.

Mr. Koziol concluded by congratulating Councilmen Kolibas and Frazier on
their reelection and wishes them well.

Third Ward Report

Mr. Harvanik read the report of the Construction Code Department, noting there were 212 permits
processed and 210 certificates issued during the month of October. A total of $43,290.00 was
collected in fees for the month of October.

Mr. Harvanik reported that there were several people who either called him, or spoke to him on
the street, asking when the streets are going to be swept. It should be known that during the
months of October, November and December the Department of Public Works does not follow
the regular street sweeping schedule. During these months the streets are vacuumed of leaves.
However the opposite side of the street parking regulations are still in force.

Mr. Harvanik noted that even after all of the Council people announcing that we give out free
leaf bags, he still sees many people buying bags from True Value, Home Depot, Lowes or other
stores. If someone doesn’t want to call their Council person they can still obtain leaf bags at the
recycling center on W. Elizabeth Ave or at the Public Works Facility on Lower Road, and just
show them that you are a Linden resident – a drivers license will do.
Fourth Ward Report

Mr. Armstead congratulated our Linden Little Tiger Cheer squads. The Pee Wee Squad placed
first in the Northern Jersey competition. The Junior Pee Wee squad placed third in the Northern
Jersey competition and the Junior Midget Squad placed first. The Pee Wee squad went on to
advance to the regional competition along with the Junior Midget Squad. The regional competition
will be held on November 21st. If they are successful they could move on to the National, which
will be held in Florida in January.

Mr. Armstead announced that the Junior Pee Wee Football team which are the Northern New
Jersey champions. They also have advanced to the regionals. They are two games away from
going to Florida for the Nationals. Of course if they advance they will need our help, both
spiritually and financially.

Mr. Armstead congratulated Mr. Kolibas and Mr. Frazier on their recent election victories. Both
are hard working councilpersons. Mr. Armstead noted that if he was a young person,
contemplating running for office, he didn’t think that he would want to run against Mr. Frazier. He
would sit down and talk to you about how you could become next. Mr. Armstead stated that Mr.
Frazier is an excellent Councilman and he didn’t know why anyone would want to run against a
guy like Bob Frazier.

Mr. Armstead spoke about street sweeping and the leaf pickup program. He stated that now that
the clean community program is back in place, those kids should be utilized to assist with the leaf
pickup, and explained his reasoning.

Mr. Armstead concluded by speaking about this year’s budget, and all of the efforts that went into
it. He noted that Council did a pretty good job, but thought there was one area they could have
done better. That is the area of overtime. The overtime paid needs to be addressed, it needs to
be looked at more closely. While the furlough program was very successful, he felt that some
Departments circumvented the furloughs by the use of overtime. He asked that the governing
body look more closely at the use of overtime, in 2010.

Fifth Ward Report

Mr. Davis read the following report of the Personnel and Finance Committee:

1.      In the Department of Public Property the unpaid leave of absence under the FMLA and
        NJFLA for John Flemming, Laborer Tier 2 from October 16, 2009 to November 16, 2009.

2.      In the Department of Public Works the unpaid leave of absence under the FMLA and
        NJFLA for John Markowski, Senior Mason Tier 2 from November 1, 2009 to November
        16, 2009.

3.      In the Department of Public Works accepting the retirement of Kerry Abbott,
        Laborer Tier 2 effective August 31, 2009.

4.      In the Department of Police the transfer of Bartlomiej Glab, Public Safety
        Telecommunicator and a change in his title to Parking Enforcement Officer to fill
        vacancy created by the retirement of Marianne Stano at his current salary of
        $37,906.00 effective December 1,2009.

5.      In the Department of Police, Division of Central Dispatch the hiring of Michael R.
        Paladino, as a Public Safety Telecommunicator Trainee to fill the position vacated by
        Bartlomiej Glab at the starting salary of $30,756.00 effective December 1,2009.

6.      Personnel required to carry out the Department of Public Work's Seasonal Program.
        The list is on file in the Treasurer's Office.

7.      Personnel required to carry out the Department of Public Property & Community Services
        Seasonal Programs. The list is on file in the Treasurer's Office.

8.      The payment of bills totaling $923,042.92 The bills have been signed by the Mayor,
        Council President and Finance Chairman and a detailed check register and vouchers are
        on file in the City Clerk's Office.

9.      We are in receipts of the investments made by the City Treasurer for the month of
        October at the rate of 1 .00%
Mr. Davis moved for approval of the above finance and personnel actions. The motion was
seconded by Mr. Sadowski and was ordered approved by a roll call vote, with all voting in favor
except Mr. Puschel who voted for all except items #6 and #7 to which he voted no.

Mr. Davis reminded residents of the Fifth Ward that he had leaf bags, to please call him and he
would drop them to anyone requesting them. Mr. Davis congratulated Mr. Kolibas and Mr. Frazier
on their re-elections and that they are both an asset to this Council.

Sixth Ward Report

Mr. Sadowski reported on the parking meter collections for the month of October, 2009.
The total collected, from all sources, was $43,145.93.

Mr. Sadowski stated that he would like to apologize to each of the sixth ward residents in
                    th
attendance at the 6 ward neighborhood watch meeting held last night. The reason that I
could not attend the meeting is due to the fact that it was held on the same night as the
City Council Conference meeting. I would like to request that a member of the Committee
please call me so that we may meet and discuss what took place at last nights meeting.
Additionally, I would like to tell you that I look forward to attending the next meeting that
will be scheduled for the Sixth Ward Neighborhood Watch Program.

Mr. Sadowski reported that he was asked to look into the trains blowing their whistles as
they pass through Linden. He called New Jersey Transit and was informed it is a law. In
addition to N.J. Transit trains, Con-Rail and Amtrak trains also pass through the City. If
any one has a particular question concerning this they can call the Office of Customer
Services at (973)-275-555 or to please call him.

Mr. Sadowski announced that the residents of the East Side of the Sixth Ward, such as
Cedar Ave., Munsell, Morris, etc have started to receive tree plantings. These trees are part of a
City wide program called “Cool Cities Initiative,” by the Department of Environmental Protection.
They will assume maintenance of the trees for two years. If any one has a question please call
me.

 Mr. Sadowski noted that there is a book and clothing drive in progress. Any types of
learning games, books, winter wear are being collected. These items can be dropped off at
                   nd
Linden City Hall, 2 floor. The drive ends on Friday, November 27, 2009.

Mr. Sadowski congratulated Mr. Kolibas and Mr. Frazier on their re-elections and wished
all a happy and safe Thanksgiving holiday.

Seventh Ward Report

Mr. Sheehy reported that 400 hundred trees will be planted in the First and Sixth Wards during
the next few weeks. Mr. Sheehy thanked Mr. Tandel and the members of the Shade Tree
Commission for the time they have spent monitoring these plantings. Their doing an excellent job.

Mr. Sheehy stated that any Seventh Ward residents, who need leaf bags to contact him and he
would get the bags to them.

Mr. Sheehy thanked all those who built floats, and participated in the Halloween Parade. The
parade was a large success.

Mr. Sheehy congratulated Mr. Kolibas and Mr. Frazier on their re-election. He echoed Mr.
Armstead’s comments in stating that he did not know why anyone would want Mr. Frazier off of
this Council. He noted his respect for Mr. Frazier, and the clean campaign that Mr. Frazier ran.

Eighth Ward Report

Mrs. Yamakaitis reported that the Fire Prevention Bureau collected $3,764.26 for the month of
October 2009.

Mrs. Yamakaitis announced that the Linden Board of Health, in conjunction with the Linden Board
of Education is currently running H1N1 swine flu immunization clinics. She noted who was
eligible, the location and dates of the clinics, and the requirements to participate.

Mrs. Yamakaitis reported that the Eighth Ward curbside leaf collection was done last week.
Anyone in need of leaf bags should contact her and she will drop them at their house.
Mrs. Yamakaitis thanked the members of the Eighth Ward Neighborhood Watch for their
assistance on mischief night to keep vandalism to a minimum and detailed the activities they
conducted that night. She asked all to keep a watchful eye out for car vandals. She noted that the
Eighth Ward had a rash of car break-ins and thanked Chief Boyle for all his efforts to catch those
responsible. Mrs. Yamakaitis noted that the 800 block of McCandless Place would be paved
soon and asked residents to be on the look out for the posting of street closings. Mrs. Yamakaitis
announced that Santa Claus is coming to the Eighth Ward on Saturday, December 5, 2009. She
invited all Eighth ward residents to come and have their picture taken with Santa. He will be at the
Eighth Ward Community Center.

Mrs. Yamakaitis congratulated Mr. Kolibas and Mr. Frazier on their re-elections.

Ninth Ward Report

Mr. Frazier reported that the Library construction is on schedule. The new library will be opened
on January 9, 2010, and demolition of the old library should be occurring soon. Everything is
going very well.

Mr. Frazier, as Chairman of the Landfill Committee, noted that a contract had recently been
awarded to a company called Optec. This contract is a requirement of the ACO and it is to
reclaim the methane gas that the landfill is generating. Work should begin in about a week, with
work on the installation of the flame arrestor taking place around February. He noted that it may
be possible to have a developer who would purchase the gas and use it to produce electricity that
would be sold on the grid.

Mr. Frazier announced that paving has been completed on Highland Avenue. He noted that if the
weather continues to hold Berlant Avenue would be paved next.

Mr. Frazier thanked all those who wished him congratulations. Mr. Frazier gave special thanks to
Mr. Armstead for his kind words, but more importantly Mr. Armstead was one of his colleagues
that stood by him during the election. In addition Mr. Sheehy and Mr. Harvanik also stood by him
and were there. He expressed his indebtedness to these individuals.

Tenth Ward Report

Mr. Puschel congratulated Mr. Kolibas and Mr. Frazier on their re-elections and stated he looked
forward to working with them.

Mr. Puschel spoke about landscapers who are coming in and cleaning properties in the City.
They are placing the leaves from the property they cleaned at the curb, then they are emptying
their trucks of leaves that were collected outside of the City. It cost the City money to remove
them. He urged anyone witnessing this to call the Police Department so they could issue
summonses. Mr. Puschel announced that tree trimming is still being done, by the crews are a
little behind.

Mr. Puschel noted that with snow season to be soon upon us, anyone wishing to shovel for
seniors in the Tenth Ward should either call him or e-mail him.

Mr. Puschel noted that there are eight streets in the Tenth Ward that he has requested to be
paved. The problem is that each ward is only allotted about $70,000.00 for paving. He noted
some of the streets, when they were last done and how much it would cost to pave each of them.
He noted that the Ninth and Tenth Ward are not eligible to receive Community Grant Money for
paving projects. Mr. Koziol explained how the amount of funds for each ward was determined,
and that the list of projects has not yet been finalized. Mr. Puschel asked Mr. Koziol, given the
length of time since some of these streets were last paved, if maybe some additional projects
could be done in the Tenth Ward.


                                       MAYORS REPORT

Mayor Gerbounka noted, that as a former Tenth Ward Councilman, he is aware of the fact that
the Tenth Ward is not eligible for any Community Development Block Grant money, and why.

Mayor Gerbounka reported that Operation Medicine Cabinet would be conducted on Saturday,
November 14, 2009. This is a Union County program in which people are going to be able to get
rid of their prescription drugs at the Linden Juvenile building on Knopf St. Dumping unused
medicines down the toilets is creating environmental problems. By bringing them there it will
insure proper disposal.

Mayor Gerbounka announced that the City received a $50,000.00 grant for the resurfacing of
basketball courts. He noted which courts would be done.
Mayor Gerbounka announced that he had received a call from Congressman Lance regarding
stimulus funds for the Chandler Avenue firehouse project. The City had requested a
$7,000,000.00 grant. The application had passed the first and major hurdle in being approved
during the needs analysis. The next step is the peer review. He explained that process.

Mayor Gerbounka congratulated Bart Glab, as the new parking enforcement officer, and asked
Bart to stand and be recognized. Mayor Gerbounka also welcomed Mike Paladino as a new
dispatcher and asked him to stand and be recognized.

Mayor Gerbounka congratulated Councilman Kolibas and Councilman Frazier on their
reelections. He noted that Mr. Frazier is not only a great Councilman but is a friend of his. Mr.
Frazier took all that was thrown at him by the political machine in this City. Mr. Frazier took the
high road and he knocked on doors. It proved to him that the voters in Linden are intelligent
enough to know what is right and what is wrong, and how a political machine could be spins on
issues to try and dethrone him. Bob votes for what is right for the citizens of Linden and votes his
conscious. The Mayor noted that he is proud to serve with Mr. Frazier, and looks forward to
working with him for another three years. Mr. Frazier thanked the Mayor.

Mr. Davis left the meeting 8:04 p.m.

                                            RESOLUTIONS

PUBLIC COMMENTS WILL BE PERMITTED FOR THOSE SPECIIFIC RESOLUTIONS TO BE
REMOVED FROM THE CONSENT APPROVAL. PLEASE READ THE SYNOPSIS OF THE
RESOLUTIONS, WHICH HAVE BEEN PREPARED BY THE CITY CLERK’S OFFICE. EACH IS
INFORMATIVE AND SELF-EXPLANATORY. HOWEVER, IF YOU WISH TO ADDRESS A
SPECIFIC RESOLUTION, THE COUNCIL WILL ENTERTAIN QUESTIONS ON IT.

Resolution 2009-360 was removed at the request of Rhashonna Cosby-Hurling

Mrs. Yamakaitis moved for the approval of resolutions #2009-354 through #2009-368, with
the exception of resolution #2009-360. The motion was seconded by Mr. Frazier and was
unanimously ordered approved by a roll call vote.

Resolution:2009-354

         WHEREAS, in accordance with N.J.S.A. 40A:11-2(6) the City of Linden (the “City”), County of
Union, a municipal corporation of the State of New Jersey, instituted a policy to negotiate agreements for
Professional Services on the basis of demonstrated confidence and qualifications for types of Professional
Services required by the City pursuant to a fair and open process in accordance with N.J.S.A. 19:44A-20.4;
and
         WHEREAS, the City has received in accordance with a published notice, sealed qualifications for
various positions; and
         WHEREAS, pursuant to the fair and open process, and based upon review of the qualifications
and recommendations therefore, certain professionals are qualified for certain positions for the calendar
year 2009;

Litigation Defense Counsel Services for the Insurance Fund Commission


Chasan Leyner & Lamparello
300 Harmon Meadow Boulevard
Secaucus, NJ 07094-3621


Schwartz Simon Edelstein Celso & Zitomer, LLC
44 Whippany Road Suite 210
PO Box 2355
Morristown, NJ 07962


Bhalla & Cho, LLC
33-41 Newark Street, Suite 4A
Hoboken, NJ 07030
Ronan, Tuzzio & Giannone
One Hovchild Plaza
4000 Route 66
Tinton Falls, NJ 07753-7308


Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, P.C.
One Riverfront Plaza Suite 800
Newark, NJ 07102-5497


Schwartz & Posnock
901 West Park Avenue
Suite 2-E
Ocean, NJ 07712

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINDEN
that in accordance with N.J.S.A. 40A:11-2(6) on such basis as necessary, and for each of the approved and
qualified vendors, a resolution approving each individual specific contract shall be considered by the
Mayor and Council;
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.

RESOLUTION:2009-355


                     RESOLUTION AUTHORIZING AN AMENDMENT TO
               THE CONTRACT WITH THE SCRAP TIRE RECYCLING, LLC FOR
            THE DISPOSAL OF USED TIRES FOR THE PUBLIC WORKS DEPARTMENT

         WHEREAS, on October 28, 2008 the Governing Body of the City of Linden passed a Resolution
pursuant to N.J.S.A. 40A:11-5(s) authorizing a contract with The Scrap Tire Recycling, LLC, P. O. Box
1820, Linden, New Jersey 07036 for the disposal of used tires; and
         WHEREAS, because of the ongoing nature of the services in this matter, there is a need for
additional funds not to exceed $2,500.00 relative to the aforesaid matter; and
         WHEREAS, inclusive of these additional funds the total expenditures paid to date to Scrap Tire
Recycling, LLC for services rendered under the original or substantially related contract is $5,500.00; and
         WHEREAS, the Chief Financial Officer has certified to the availability of funds for this purpose,
to be charged to Account No. 9-01-169-280;
         NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
LINDEN that they do hereby approve the additional amount not to exceed $2,500.00 for services rendered
by The Scrap Tire Recycling, LLC; and
         BE IT FURTHER RESOLVED that this Resolution is expressly contingent upon the negotiation
and execution of the necessary amendatory contract documents between The Scrap Tire Recycling, LLC
and the City of Linden; and
         BE IT FURTHER RESOLVED that the Mayor and City Clerk be and hereby are empowered
and directed to execute an amendatory agreement for Professional Services consistent with the above; and
         BE IT FURTHER RESOLVED that a notice of this action shall be published in accordance with
applicable law.

RESOLUTION:2009-356

           RESOLUTION APPROVING THE AWARD OF A CONTRACT TO
 ACTION TARGET, INC. FOR SHOOTING RANGE EQUIPMENT AND SOFTWARE AT THE
  LINDEN PISTOL RANGE FOR THE POLICE DEPARTMENT IN THE CITY OF LINDEN

          WHEREAS, sealed bids were received by the Purchasing Agent on October 30, 2009 for
shooting range equipment and software at the Linden Pistol Range for the Police Department in the City of
Linden; and
          WHEREAS, a notice to bidders for said purpose was properly and legally advertised in the
official publication(s); and
          WHEREAS, the Chief Financial Officer or his designee has certified as to the availability of
funds for this purpose, as attached hereto, which will be charged to account/line item No. C-CA-436-513;
and
          WHEREAS, Action Target, Inc. was the only bidder at their bid of $264,000.00; and
          WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that Council
pass a Resolution authorizing the award of contracts;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINDEN as
follows:
         1. A contract is awarded to Action Target, Inc. at their bid of $264,000.00.
         2. This Resolution is expressly contingent upon the negotiation and execution of the necessary
contract documents between Action Target, Inc. and the City of Linden.
         3. The Mayor and City Clerk are hereby authorized to execute all documents to effectuate the
purposes herein above expressed.

RESOLUTION:2009-357

        RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING
     BETWEEN THE COUNTY OF UNION AND THE CITY OF LINDEN FOR USAGE AND
             SHARING OF THE UNION COUNTY FIRST ALERT SYSTEM

          WHEREAS, the County of Union has received a First Alert System, the primary functional
component of which is notifying citizenry in the event of an emergency in the most expedient was possible
utilizing various forms of transmission and state of the art technology; and
          WHEREAS, the First Alert System has been paid for by a Homeland Security Grant for Domestic
Preparedness; and
          WHEREAS, the County of Union will provide training to the municipal representative(s) utilizing
the system and is under the management of the County and the parties agree to act in concert to facilitate a
quick and effective response to any emergency incident or situation; and
          WHEREAS, the City of Linden Police Department is desirous of entering into a Memorandum of
Understanding (MOU) with the County of Union for use of said system;
          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINDEN as follows:
          1.       The City of Linden agrees to enter into a Memorandum of
                   Understanding with the County of Union for the use of the First Alert System.
          2.       The Mayor and City Clerk are hereby authorized and directed to execute
                   said Memorandum of Understanding, upon review and approval of the Law Department.
          3.       This Resolution shall take effect pursuant to law.

RESOLUTION:2009-358

                 RESOLUTION AUTHORIZING A DISCHARGE OF MORTGAGE
                 THROUGH THE NEIGHBORHOOD PRESERVATION PROGRAM

        WHEREAS, the City of Linden, through the Neighborhood Preservation Program, holds a
mortgage on certain property located in the City of Linden, same mortgage having been recorded in
Mortgage Book 4941 at Page 0162; and
        WHEREAS, the City of Linden has received funds in payment of said mortgage in full; and
        WHEREAS, the City has been requested to release and discharge said mortgage;
        NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF LINDEN as follows:

         1.       The Mayor and/or Acting Mayor is hereby authorized to execute and the City Clerk
                  and/or Deputy Municipal Clerk is hereby authorized to attest to a release and/or discharge
                  of the above captioned mortgage.

         2.       This Resolution shall take effect immediately.

RESOLUTION:2009-359

              RESOLUTION PARTICIPATING IN “OPERATION MEDICINE CABINET”
                          BY THE LINDEN POLICE DEPARTMENT

          WHEREAS, on Saturday, November 14, 2009 from 10:00 a.m. to 2:00 p.m., the Linden Police
Department shall participate in a U.S. Department of Justice, Drug Enforcement Administration (DEA)
initiative called “OPERATION MEDICINE CABINET”; and
          WHEREAS, said operation is a statewide initiative to afford residents the opportunity to get rid of
unused, unwanted, and expired medicines by delivering them to law enforcement officials who can, in turn,
dispose of these controlled substances in a safe and non-hazardous manner, preventing medications from
calling into the hands of juveniles or into the illicit market in our community; and
          WHEREAS, the City of Linden collection site will be the Linden Juvenile Bureau, 15 Knopf
Street; and
          WHEREAS, at the end of the collection term, the Linden Police Department will bring the
collection containers to the Union County Prosecutor’s Office where the DEA will be responsible for the
destruction of all surrendered products;
          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINDEN that they do hereby declare its support for the “OPERATION MEDICINE CABINET” on
Saturday, November 14, 2009.
RESOLUTION: 2009-360

                 A RESOLUTION AUTHORIZING THAT A LIEN BE PLACED
             ON VARIOUS PREMISES FOR WORK COMPLETED BY THE PUBLIC
                     WORKS DEPARTMENT OF THE CITY OF LINDEN

 WHEREAS, premises known and designated as follows have been the subject
of much controversy as said premises had a heavy growth of weeds, grass and
debris thereon; and

         Block 472         Lot 16            726 Allen Street
         Block 41          Lot 6             1648 Dill Avenue
         Block 6           Lot 14            2054 E. St. Georges Avenue
         Block 43          Lot 5             1524 Essex Avenue
         Block 51          Lot 34            1201 Union Street


          WHEREAS, proper notice has been provided to the owners of said property to have said premises
cleaned up, as this was in violation of a City Ordinance, and the owners has not complied with the request;
and
          WHEREAS, in accordance with City Ordinance, a copy of which is attached hereto, the City may
remove or cause to be removed said heavy growth of weeds, grass and debris when the owners have
refused or neglected to do so; and
          WHEREAS, the condition of said lots had become a health hazard and safety hazard, and for the
best interests of the City of Linden it was necessary for the City of Linden to have said properties cleaned
up by the Public Works Department employees at the cost as follows:

         Block 472         Lot 16            726 Allen Street                           $ 360.30
         Block 41          Lot 6             1648 Dill Avenue                              360.80
         Block 6           Lot 14            2054 E. St. Georges Avenue                    360.80
         Block 43          Lot 5             1524 Essex Avenue                             360.30
         Block 51          Lot 34            1201 Union Street                            1,831.80


          NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
LINDEN, that it hereby directs the Receiver of Taxes to place a lien against the aforementioned properties,
at the amount noted above, and such liens shall become and form part of the taxes levied upon such
property.
         BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the owners of the
properties or their agent.

Rhashonna Cosby-Hurling, 1122 Middlesex Street. Ms. Cosby-Hurling stated that she has seen a lot of
work done on the property that is owned by the Union County Improvement Authority. She asked if the
City is really going to collect these loans. President Bunk stated that when someone sells the property, then
the City would collect. Mrs. Cosby-Hurling asked if the City is liening the St. George Ave redevelopment
property. Mr. Armstead responded no. Ms. Cosby-Hurling stated then the City does it for free. Mr.
Armstead explained that the property is part of a redevelopment project and that it is owned by a
government entity and we do not place liens on property owned by government entities. He stated we are
working with them. President Bunk noted that he and the Mayor are meeting with Morningstar and the
matter would be brought up there. Mayor Gerbounka noted he had just sent public works there to clean the
property. He stated that the City has committed $5,000,000.00 to that project. He noted that as he
understands the terms of the contract it is Morningstar’s responsibility to knock down those buildings. We
are trying to work with them, but they are having difficulty in getting the financing.

Mrs. Yamakaitis moved for approval of resolution #2009-360. The motion was seconded by
Mr. Frazier and was unanimously ordered approved by a roll call vote.
 Resolution: 2009-361

WHEREAS, there were certain payments made by the Municipal Treasurer during the month of
October 2009 which do not appear on the claims list,
WHEREAS, said payment must be ratified by the Governing Body of the City of Linden,
NOW, THEREFORE, BE IT RESOLVED that the following payments be and hereby are
approved:
                                                                                           CURRENT
CK#           DATE            PAYABLE TO:                       PURPOSE                     AMOUNT
              10/1/09         Payroll                           payroll                    92,399.37
              10/1/09         FICA                              city share                 7,995.19
              10/5/09         Medco Health Solutions            admin                          1.76
136250        10/5/09         Treas State of NJ                 renewal                       50.00
              10/7/09         SHBP Retirees                     Oct premium                284,797.00
              10/7/09         SHBP Active                       August premium             416,292.61
              10/8/09         Payroll                           payroll
              10/8/09         FICA                              city share                 52,715.59
              10/13/09        Vision Service Plan               admin                       928.07
              10/14/09        Payroll                           payroll                    97,180.96
              10/14/09        Payroll                           payroll                    8,116.26
              10/22/09        Payroll                           payroll                    1,554,320.83
              10/22/09        FICA                              city share                 49,500.48
136560        10/23/09        Somes Uniforms                    police dept                 150.00
136561        10/23/09        Rent Leveling Assoc. Of NJ        REPLACEMENT CK              400.00
136562        10/26/09        Capital One N.A.                  admin fees                 6,500.00
              10/29/09        Payroll                           payroll                    95,346.94
              10/29/09        Payroll                           payroll                    8,290.25
136564        10/29/09        Gisella Treiber                   return bail money           600.00


                                                                                           TRUST
136249        10/1/09         Allegiance Environmental          return security            1,000.00
              10/1/09         Payroll                           payroll                    68,909.43
              10/8/09         Payroll                           payroll                    3,031.73
              10/14/09        Payroll                           payroll                    47,731.58
              10/22/09        Payroll                           payroll                    3,413.22
              10/29/09        Payroll                           payroll                    81,228.88

                                                                                           CAPITAL
              10/1/09         Payroll                           payroll                    1,156.95
              10/8/09         Payroll                           payroll                    4,440.83
              10/14/09        Payroll                           payroll                    1,444.34
              10/22/09        Payroll                           payroll                    5,467.85
              10/29/09        Payroll                           payroll                    1,529.33

                                                                                           WORKERSCOMP
              10/5/09         Inservco                          worker’s comp.             19,508.91
              10/13/09        Inservco                          worker’s comp.             51,586.08
              10/19/09        Inservco                          worker’s comp.             35,747.37
              10/27/09        Inservco                          worker’s comp.             49,505.23

                                                                                           PRE
              10/5/09         Medco Health Solutions            claims                     109,600.05
              10/19/09        Medco Health Solutions            claims                     123,707.48

                                                                                           VISION
              10/13/09        Vision Service Plan               claims                     4,563.38

                                                                                           SANITARY LANDFI
              10/8/09         Payroll                           payroll                    7,403.89

                                                                                           GRANT
              10/8/09         Payroll                           payroll                     571.46
              10/22/09        Payroll                           payroll                    3,238.04
              10/22/09        Payroll                           payroll                    6,663.50

                                                                                           FORFEITURE ACCO
136563        10/27/09        Jeffrey Carhart                   informant money            1,000.00

                                                                                           RECREATION TRUS
RESOLUTION:2009-362

                RESOLUTION APPROVING AN AWARD OF A CONTRACT TO
               DEVELOPMENT DIRECTIONS, LLC TO OPERATE THE CITY OF

                LINDEN SENIOR HOME IMPROVEMENT GRANT PROGRAM

          WHEREAS, there exists a need for consulting services to operate the City of Linden Senior
Home Improvement Grant; and
          WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the
resolution authorizing the award of contracts for "Extraordinary, Unspecifiable Services" without
competitive bids and the contract itself must be available for public inspection; and
          WHEREAS, in accordance with the provisions of N.J.S.A. 19:44A-20.4, qualifications have been
received through a fair and open process; and
          WHEREAS, Development Directions LLC submitted a qualification to the City and has qualified
for the aforesaid services for 2009; and
          WHEREAS, funds are available for this purpose in a Community Development Program income
fund;
          NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
LINDEN that a contract for Extraordinary Unspecifiable Services be and hereby is awarded to
Development Directions LLC, 2109 St. Georges Avenue, Rahway, New Jersey 07065 at a fee not to exceed
$36,000.00, in accordance with their proposal dated November 4, 2009; and
          BE IT FURTHER RESOLVED that this Resolution is expressly contingent upon the negotiation
and execution of the necessary contract documents between Development Directions LLC and the City of
Linden; and
          BE IT FURTHER RESOLVED that the Mayor and City Clerk be and hereby are empowered
and directed to execute a contract with Development Directions LLC to effectuate the foregoing; and
          BE IT FURTHER RESOLVED that a copy of this Resolution be published in accordance with
applicable law.

Resolution: 2009-363

                                             CITY OF LINDEN


                        RESOLUTION TO TRANSFER 2009 APPROPRIATIONS


 BE IT RESOLVED, by the City Council of the City of Linden, County of Union, New Jersey, that the
 following transfers of 2009 appropriations be made in accordance with the provisions of Revised Statute
 40A: 4-58.

         CURRENT BUDGET



 From:   Salary Adjustment                                                 $ 74,800.00


         To: Purchasing - Other Expenses                                                     $      12,500.00

         To: Electric                                                                        $      40,000.00


         To: Postage                                                                         $       6,000.00


         To: Collection of Taxes - Salaries & Wages                                          $       1,800.00

         To: Board of Health - Salaries & Wages                                              $      14,300.00

         To: Peosha - Salaries & Wages                                                       $           200.00
Resolution:2009-364

                         RESOLUTION FIXING THE REGULAR MEETING
                        DATES OF THE COUNCIL AND PRESCRIBING THE
                         RULES GOVERNING THE PROCEDURE AT ALL
                           MEETINGS OF THE COUNCIL FOR 2010.

       BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINDEN:
       THAT the Conference Meetings of the Linden City Council will be held in the
       Council Office, City Hall, Linden, New Jersey and the Regular Meetings of the
       Linden City Council will be held in the Council Chambers, City Hall, Linden, New
       Jersey. All meetings shall be held on the dates and convened at the prevailing
       times listed below, or as soon thereafter as the Council assembles:

                                    CONFERENCE MEETINGS
CONFERENCE MEETINGS                 PRIOR TO COUNCIL MEETINGS                 COUNCIL
MEETINGS                            (Organization Meeting)
(OrganizationMeeting)

                                    Jan.   05 6:00 p.m. to 7:00 p.m.    Jan. 05 at 7:00
                             p.m.

                                    Jan.   19 5:30 p.m. to 7:00 p.m.    Jan. 19 at 7:00
p.m.

                                    Feb. 16 5:30 p.m. to 7:00 p.m.     Feb. 16 at 7:00
p.m.

Mar. 15 at 6:00 p.m.                Mar. 16 6:00 p.m. to 7:00 p.m.     Mar. 16 at7:00
p.m.

Apr. 19 at 6:00 p.m.                Apr. 21 6:00 p.m. to 7:00 p.m.     Apr. 21 at 7:00
p.m.

                                    Apr. 27 6:30 p.m. to 7:00 p.m.     Apr. 27 at 7:00
p.m.

May 17 at 6:00 p.m.                 May 18 6:00 p.m. to 7:00 p.m.      May 18 at 7:00
p.m.

June 14 at 6:00 p.m.                June 15 6:00 p.m. to 7:00 p.m.     June 15 at 7:00
p.m.

July 19 at 6:00 p.m.                July 20 6:00 p.m. to 7:00 p.m.     July 20 at 7:00
p.m.

Aug. 16 at 6:00 p.m.                Aug. 17 6:00 p.m. to 7:00 p.m.     Aug. 17 at 7:00
p.m.

Sept. 20 at 6:00 p.m.               Sept. 21 6:00 p.m. to 7:00 p.m.    Sept. 21 at 7:00
p.m.

Oct. 18 at 6:00 p.m.                Oct. 19 6:00 p.m. to 7:00 p.m.     Oct. 19 at 7:00
p.m.

Nov. 08 at 6:00 p.m.                Nov. 09 6:00 p.m. to 7:00 p.m.     Nov. 09 at 7:00
p.m.

Dec. 20 at 6:00 p.m.                Dec. 21 6:00 p.m. to 7:00 p.m.     Dec. 21 at 7:00
p.m.
------------                        Dec. 28 6:00 p.m. to 7:00 p.m.     Dec. 28 at 7:00
p.m.

       BE IT FURTHER RESOLVED, that the procedure of all meetings for the year 2010 shall
       be in compliance with the Open Public Meetings Act, Chapter 231, P.L. 1975.
Resolution:2009-365

RESOLUTION FOR THE PURCHASE OF 5 FORD FOCUS’S FROM WARNOCK FLEET, INC.
UNDER THE CRANFORD CO-OP AGREEMENT WITH THE CITY OF LINDEN

         WHEREAS, the City of Linden wishes to purchase five ford focus’s from Warnock Fleet, an
authorized vendor under the Cranford Co op agreement;
         WHEREAS, Warnock Fleet, 175 East Hanover, NJ 07936 is an authorized Vendor under the
Cranford Co-op agreement with the City of Linden and;
         WHEREAS, the Purchasing Agent recommends the utilization of this co op agreement on the
grounds that it represents the best means available to obtain services for; and,
         WHEREAS, the amount of the purchase is not to exceed $70,650.00 and,
         WHEREAS, the Chief Finance Officer has certified the availability of funds for this contract,
which will be charged to account numbers:

                         9-01-159-277                 $70,000.00
                         9-01-159-245                    650.00

          NOW THEREFORE BE IT RESOLVED by the City of Linden that Warnock Fleet, be awarded
a contract for a term of one year or until new awards are made; and,
          BE IT FURTHER RESOLVED, that the Mayor, Council President, City Clerk and/or such other
city officials as is necessary and proper be authorized to execute such documents as necessary to implement
this resolution.

RESOLUTION:2009-366

     RESOLUTION APPROVING A SUBORDINATION OF MORTGAGE FOR 8 PALLANT
                      AVENUE IN THE CITY OF LINDEN

         WHEREAS, the City of Linden through the Neighborhood Preservation Program holds a
mortgage with a perpetual lien on the property known as 8 Pallant Avenue, Linden, New Jersey; and
         WHEREAS, the owner of the property has sought to refinance their first mortgage lien on the
property; and
         WHEREAS, the City of Linden has been requested to subordinate its mortgage on 8 Pallant
Avenue to the new first mortgage; and
         WHEREAS, it is in the best interests of the City to subordinate its mortgage on 8 Pallant Avenue
to the new first mortgage to be issued by Secure Lending Solutions, Inc., 266 Harristown Road, Glen Rock,
New Jersey 07452;
         NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINDEN as follows:
         1.       The Mayor, and/or his designee, and the City Clerk, and/or his designee are hereby
                  authorized to execute and attest to the subordination of the mortgage for 8 Pallant Avenue
                  to Secure Lending Solutions, Inc.
         2.       This Resolution shall take effect immediately.

ResolutionL2009-367

                                 RESOLUTION CHAPTER 159
                 ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT

         WHEREAS, N.J.S. 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 thereof was not
determined at the time of the adoption of the budget, and
         WHEREAS, said Director may also approve the insertion of an item of appropriation for equal
amount, and
         WHEREAS, the City of Linden will receive $166,800.00 from the U.S. Department of Energy
and wishes to amend its 2009 Budget to include this amount as a revenue, and
         NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Linden 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 year 2009 in the sum of $166,800.00 which item is now available as a revenue
from:

        Miscellaneous Revenues
        Special items of General Revenue Anticipated with
        Prior Written Consent of the Director of Local
        Government Services:
         Public and Private Revenues off-set with Appropriations:
         Energy Efficiency and Conservation Block Grant
        BE IT FURTHER RESOLVED that a like sum of $166,800.00 be and the same is hereby
appropriated under the caption of:

        General Appropriations
        (A) Operations excluded from "CAPS"
        Public and Private Programs off-set by revenues:
        Energy Efficiency and Conservation Block Grant

RESOLUTION:2009-368

RESOLUTION APPROVING A CONTRACT TO BIRDSALL SERVICES GROUP FOR ENERGY
 EFFICIENCY AND CONSERVATION BLOCK GRANT STRATEGY DEVELOPMENT FOR
                          THE CITY OF LINDEN

          WHEREAS, there exists a need for professional engineering consulting services to assist with an
Energy Efficiency and Conservation Block Grant Strategy Development for the City of Linden Landfill for
2009; and
          WHEREAS, in accordance with the provisions of N.J.S.A. 19:44A-20.4, qualifications have been
received through a fair and open process; and
          WHEREAS, Birdsall Services Group, submitted a qualification to the City and has qualified for
the aforesaid services for 2009; and
          WHEREAS, pursuant to the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), such
services are considered "Professional Services" as within the scope of a licensed and regulated profession,
and same may be awarded without competitive bidding; and
          WHEREAS, the Chief Financial Officer or his designee has certified to the availability of funds
for this purpose, to be charged to Account No. G-GR-09-351-271, which grant was awarded in the amount
of $166,800.00 from the U.S. Department of Energy;
          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINDEN that a contract for Professional Services be and hereby is awarded to Birdsall Services Group, 65
Jackson Drive, Cranford, New Jersey 07016, at a fee not to exceed $22,000.00 in accordance with their
proposal dated November 10, 2009; and
          BE IT FURTHER RESOLVED that this Resolution is expressly contingent upon the negotiation
and execution of any necessary contract agreements between Birdsall Services Group and the City of
Linden; and
          BE IT FURTHER RESOLVED that the Mayor and City Clerk be and hereby are empowered
and directed to execute a contract with Birdsall Services Group to effectuate the foregoing; and
          BE IT FURTHER RESOLVED that a copy of this Resolution be published according to law.


                                  ORDINANCES – FIRST READING

#53-64 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VII, TRAFFIC, SECTION
             7-15, PARKING BY PERMIT ONLY IN DESIGNATED RESIDENTIAL AREAS,
             SHALL BE AND THE SAME IS HEREBY AMENDED AS FOLLOWS:
             7-15.1d Parking Decals
             Delete:        Hampton Street, both sides, between US Highway 1 and its
                            terminus.

                                   Smith Street, both sides, between US Highway 1 and its
                                   Terminus

Was introduced by Mr. Sadowski and was read on first reading by the Deputy Clerk.

On motion of Mr. Sadowski, seconded by Mr. Sheehy, the foregoing ordinance was on roll call
vote unanimously ordered approved,

#53-65 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER VII, TRAFFIC, 7-33
             HANDICAPPED PARKING REGULATIONS, 7-33.1A HANDICAPPED
             PARKING ON-STREET AS FOLLOWS:
             Name of Street   No. of Spaces

                 Delete:
                 115 W. Linden Ave.                  1

                 Add:
                 325 Lafayette St.                   1

Was introduced by Mr. Koziol and was read on first reading by the Deputy Clerk.

On motion of Mr. Koziol, seconded by Mr. Harvanik, the foregoing ordinance was on roll call vote
unanimously ordered approved, with all voting in favor, except President Bunk, who voted no.
                       COMMENTS FROM MEMBERS OF THE PUBLIC IN
                         ATTENDANCE – ON CITY BUSINESS ONLY

Charlotte Richardson 1209 Bower Street. Also coming up with Ms. Richardson was a number of
skate boarders. Ms. Richardson stated that she was here representing all the skate boarders in
the City, and that this is a smaller group then had come last month and tonight, because of school
tomorrow, there were a number of children who had to leave. She spoke about the popularity of
the sport of skate boarding. She asked the status of the skate park, noted the various scenarios
that she had heard and said that the children have been in limbo for two years. Before allowing
the children to speak President Bunk spoke about what has been going on for the past two years,
with relocating the skate park. At the current time Mr. MacDonald will be looking into moving the
park to the Seventh Ward. We will have the answer by the spring, at that time Council will make a
decision. Ms. Richardson noted that she has started a petition and the consensus of the signers
is that the skate park should be put into Wheeler Park. President Bunk spoke about the events
that led to the closing of the skate park in its present location, Dobson Park. Ms. Richardson
spoke about her reasons for supporting Wheeler Park. President Bunk stated that Mr. MacDonald
has been instructed to find out if Green Acres will allow for it to be moved to Memorial Park. Ms.
Richardson responded that she hoped to collect over one thousand signatures on her petition and
that all the signers would be supporting moving it to Wheeler Park.

President Bunk then allowed each of the skaters present to speak.
                               th
Havair Lamancha, 11 East 16 St. Mr. Lamancha asked if the skate park could be opened, on the
weekends, till it gets moved. President Bunk stated that he would love to see it opened, but
noted the complaints that come in when ever there are skaters in the park. President Bunk stated
that he feels sorry for the skaters. He guaranteed that a decision would be made in the next four
months.

Kyle Williams. Mr. Williams asked where the skaters are supposed to go in the mean time.
President Bunk explained that there is a Union County skate park in Clark on Madison Hill Road.
Mr. Williams noted the distance to get there and asked if a shuttle bus could be provided.
President Bunk said Council would have to discuss the matter. Mr. Williams questioned when the
park would be definately be moved.
                         th
Mora Lopez, 11 East 16 St. Mr. Lopez noted that Mr. Lamancha is his younger brother. Mr.
Lopez stated that last year there was a hearing to move the skate park to Wheeler Park. He
asked why that hasn’t happened. President Bunk stated because of the objections of the people
living in the area. The paper work to move it there is done, but this Council hasn’t made up their
minds. Mr. Lopez spoke about the skaters being good kids and expressed his concerns with
moving the skate park to Memorial Park due to the constant heavy truck traffic in the area. It is
not good for the children and their safety should be the primary concern. President Bunk assured
him that it has been talked about. Mr. Puschel spoke about a meeting he had with the Deputy
County manager. He detailed the steps for it to be moved to any location and that the County
would be willing to contribute toward the move. Mr. Armstead noted that Mr. Puschel stated the
County was willing to put up money to help move the skate park to Memorial Park. He wished it
noted that the County was willing to put up money to move it to Wheeler Park. Mr. Armstead
stated that the best place to locate the skate park is Wheeler Park, because it best provides for
the safety of the children. He noted that the residents of the Sixth Ward are not justified in
objecting to the park on the basis of the noise. He noted the amount of noise by the trucks going
down Route 1 & 9. He urged the children, while not voters themselves, to go home and
encourage their parents to come here and have a say in where the park should be located. Mr.
Sadowski stated that in order to move the park a hearing has to be held. Two have been held
already. Twenty-five to thirty people came out against it and two people spoke in support of
moving it to Wheeler. He urged those who have a say to come out and give their opinions. Mr.
Frazier stated that he hoped that all of his colleagues have listened to these young people and
their representatives about the safety of the children in having to cross Route 1. Mayor
Gerbounka said that these young men were in his office about a month ago. At that time the
Mayor expressed his frustrations to them in this Governing Body not making a decision. This
skate park has been an issue for about of two years. The Council is burying it head and is afraid
to make a decision because some residents are going to get mad that its going to be put in a
place they don’t want it. The Mayor noted that there is going to be residences no matter where
you put this skate park, but it is up to this governing body to grab the bull by the horns and do
what is right for the majority of the City. This governing body has refused to. Finally last night the
Council President is going to have them make a decision. Mayor Gerbounka stated that when
people come here and say that Wheeler Park is going to create a lot of noise for them and they
live by the pool in Wheeler Park, which is a good six hundred yards away, he finds it utterly
ridiculous. Council capitulated on an issue that they should have stood firm on and we wouldn’t
have a skate park that has been collecting dust for these years. He challenged this Governing
Body to put the skate board park in Wheeler Park, because that’s where it belongs. It is not going
to hurt anyone there.
Alexander Delleo, 235 Harvard Road. Mr. Delleo noted that he lives on Harvard Road and Clark
is four miles from his house and the Woodbridge Park is 6.8 miles. He asked where, during the
120 days, he could ride his bike and skate boards. President Bunk asked him, if Linden didn’t
have a skate park, where he would go. President Bunk noted that a decision would be made in
four months. He does not have an answer as where to go, outside of the suggestion he has
already made. Mr. Delleo stated that in a lot of the locations where they try to ride their bikes or
skate boards they are put out of and they are threatened with having them confiscated. President
Bunk reviewed the situation regarding the closing of the park, and said he feels sorry for them,
but he can’t tell them where to go. Mr. Harvanik stated it was a slap in the face of three people.
Mr. MacDonald who did research and recommended that the park be moved to Wheeler. Then to
Mr. Frazier who also researched the issue and recommended that the park be moved to Wheeler.
The biggest smack in the face was to Senator Scutari who went to the Freeholders and got them
to accept the skate park into Wheeler Park and got them to pay for a number of the expenses
associated with the move. Mr. Harvanik stated each of these persons got smacked in the face by
the political group that runs this Council. That’s where we are today. Mr. Harvanik stated his
concerns with the kids crossing the highway and some of the obstacles they would face on their
trip. He noted that for the sake of one or two people who don’t want this in the Sixth Ward we sit
here tonight. He urged Ms. Johnson to pursue her petition and let the people speak and make up
their own minds. President Bunk noted that Mr. Harvanik spoke eloquently and noted that the
park got put into the Third Ward, then out of the Third Ward. For two years these kids could have
had a skate park, and that wasn’t politics. It’s ok for people to complain about it in the Third Ward,
but not in the Sixth or Seventh Ward. Mr. Sheehy stated that he wanted to give his opinion. This
Council voted to put the skate board park in Wheeler Park. Then an election came up, with the
Sixth Ward seat open. This Council changed its mind to improve the chances of the candidate to
win the election. He stated that’s the way he sees it. Everyone up here belonging to one party
changed their mind. President Bunk stated that if this Council had stood up to the people in the
Third Ward you gentleman would have been skating there today, tomorrow and a year ago. Four
months from now we will have a vote.

Rhashonna Cosby-Hurling, 1122 Middlesex St. Ms. Cosby-Hurling asked why if we have two new
rec leaders why as a parent did she have to pay a fee to a private company to run a soccer clinic.
Ms. Cosby-Hurling she wanted to discuss it with Mr. MacDonald but he was not here this evening.

Pat Hero, 1009 Wheatsheaf Road. Ms. Hero announced the constitutional heroes of this Council
for their vote last month. She saluted Councilmen Harvanik, Armstead, Sheehy and Frazier for
their votes. Ms. Hero gave her traditional Thanksgiving speech. She thanked various city
employees for efforts they put in above and beyond. Ms. Hero then thanked various members of
Council and stated the reasons why. Ms. Hero then spoke about the Mayor why he is classy and
how he runs government.

Mary Kostiushko, 3200 Tremley Point Road. Ms. Kostiushko has a problem and she believes
that all of the people living along Tremley Point Road are having a problem. The problem stems
from the trucks leaving the South Wood Ave gate, and the amount of mud they are tracking out
with them. The area is becoming a dust cloud. They should be made to wash the trucks down
before leaving. Mr. Sheehy stated they are doing everything they possibly can; the problem is
they are working in a swamp. Ms. Kostiushko stated they are not doing enough.
Mike Stevenson, 1800 Grier Avenue. Mr. Stevenson congratulated Mr. Kolibas and Mr. Frazier.
He noted that Mr. Frazier was a man of honor. Mr. Stevenson stated that Mr. Harvanik’s
predecessor did not even know that the skate park was located in his ward. President Bunk
stated he did and fought against it. Mr. Stevenson spoke about the politics that went on in Mr.
Frazier’s election. City professionals were asked to do studies and then they were ignored. Why
ask them and waste their time. Mr. Stevenson stated that this Council needs more independent
thinkers.

                                      ANNOUNCEMENT

President Bunk announced the following Council meetings:

        CONFERENCE MEETING: Monday, December 14, 2009, at 6:00 p.m., Council
        conference Room, City Hall, Linden NJ.

        COUNCIL MEETING PRIOR TO COUNCIL: Tuesday, December 15, 2009 at 6:00
        p.m., Council Conference Room, City Hall, Linden, NJ

        COUNCIL MEETING: Tuesday, December 15, 2009 at 7:00 p.m., Council Chambers,
        City Hall, Linden, NJ.

                                            ADJOURMENT

        There being no further business to come before Council, Mr. Koziol moved to adjourn the
        meeting. The motion was seconded by Mr. Sadowski and was unanimously ordered
        approved by a roll call vote. The meeting was adjourned at 9:06 p.m.

        Respectfully submitted,


        Joseph C. Bodek
        City Clerk

        JCB:dm

				
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