All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: April 16, 2015

A. OPENING OF COMBINED MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Veech. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 19, 2014 by e-mailing them the annual resolution adopted by the Council on December 4, 2014. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 24, 2014.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello (left at 9:10 p.m.)
Deputy Mayor Hirniak
Mayor Veech

Also present: Township Manager Mountain and Ed Buzak from the Law Office of Edward Buzak.

3. Pledge of Allegiance

Mayor Veech led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road asked if the Council was going to discuss COAH since they didn’t discuss it after the Executive Session at the last meeting. Mayor Veech stated they will be discussing it.

Seeing no one further from the public, the public portion was closed.

C. MANAGER’S REPORT

Manager Mountain reported the following:

• Sussex Turnpike Improvement Project—Morris County will be holding public meetings to review the Sussex Turnpike Improvement Project on Tuesday, April 28 in the Municipal Building. The meeting will be broken up into two parts, the first for the businesses and residents in the area of the construction and the second for the general public; 6:00 p.m. for the general public and 4:00 p.m. for those affected by construction.
• Quaker Church Road Overlay Project—Work is underway on the milling and resurfacing of Quaker Church Road between Millbrook Avenue and South Salem Street. After milling the roadway, it was discovered that the road widening done many years ago was completed by putting 2 inches of pavement over the existing soil or in some places unconsolidated millings. As a result, the material on the edge area of the roadway is inadequate to support the road. Therefore, it is now necessary to excavate an additional 6-8 inches below grade to install road stone and base pavement along both sides of the road where the base is insufficient. This will impact the overall cost to complete the project properly, and it will delay the project slightly. Paul Ferriero is negotiating with the contractor on the final amount of the change; a change order will be necessary to cover this unanticipated charge. The difference in cost will be covered through leftover funding from the balance of funds left from the 2015 overlay ordinance. If that balance is not sufficient, the remaining costs will be covered with funds leftover in the 2014 road overlay balance through an ordinance amendment later this year. Either way this will not have any impact on the 2015 budget to be adopted on April 30.
• JCP&L Tree Trimming—As part of JCP&L’s annual line maintenance program, tree contractors will be in the township over the next few weeks trimming trees.
• County Resurfacing Program—He received correspondence from the county that they have added Canfield Avenue to the list of county roads in Randolph that will be milled and resurfaced in 2015. This brings the number of county roads to be resurfaced in Randolph in 2015 to four; Dover Chester (Rt. 10 to Sussex), Millbrook (Sussex to Schoolhouse), and Center Grove (Rt.10 to Schoolhouse).

D. APPROVAL OF MEETING MINUTES

1. Approval of the Regular Meeting Minutes from March 10, 2015, and the Minutes of the Budget Meeting on March 14, 2015

March 10, 2015

Councilman Forstenhausler made a motion to approve the Regular Meeting Minutes from March 10, 2015. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

March 14, 2015

Councilman Guadagno made a motion to approve the Regular Meeting Minutes from March 14, 2015. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Mayor Veech

ABSTAIN: Deputy Mayor Hirniak

NAYS: None

E. COMBINED ACTION RESOLUTIONS

Item #5, Sale of old weapons to RTSP: Councilman Forstenhausler asked how it came about that the old weapons would be sold to a private company. Manager Mountain explained that the weapons are shotguns; the sale of firearms follows a different protocol from other municipal property. Several different firearms dealers were approached, and this was the best offer.

Item #8. Amending the 2015 temporary budget: Councilman Guadagno asked for clarification. Manager Mountain explained that there are two resolutions; the first takes the remaining balance of the initial temporary budget which was established in January and assigns it to one line item in order to be accounted for & closed out in that line item. Because it is anticipated that the budget will be adopted by the end of March or early April, the second resolution establishes a temporary budget in order to have funds to continue operations until the budget is adopted on April 30th.

Councilman Guadagno made a motion to accept the Combined Action Resolutions. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

1. Authorizing an Extension of an Agreement with USGovBid for Online Auction Services for an Additional One-Year Period through June 2016

R-88-15

WHEREAS, the Township of Randolph has surplus personal property that is no longer needed for public use; and

WHEREAS, the Local Unit Technology Pilot Program and Study Act (P.L. 2001, c. 30) authorizes the sale of surplus personal property no longer needed for public use through the use of an online auction service; and

WHEREAS, on June 12, 2014, via R 184-14, the Township of Randolph Council authorized an agreement for online auction services for a one-year period with USGovBid, with the option to renew for an additional one-year period; and

WHEREAS, on October 23, 2014, via R 275-14, the Township of Randolph Council authorized an amendment to the contract regarding inclusion of language allowing for the continuing or reopening of an auction without the need for an additional public advertisement; and

WHEREAS, both parties agree to extend the contract, which includes the above-referenced amendment, for the additional one-year period through June 2016 at all of the same terms and conditions.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby authorize an extension of an agreement for online auction services for the additional one-year period through June 2016.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the agreement.

2. Authorizing the Extension of a Maintenance Contract for Township’s Fire Apparatus with First Priority Emergency Vehicles, Inc. of Manchester, NJ through June 30, 2016

R-89-15

WHEREAS, the Township of Randolph advertised for bids in accordance with Local Public Contracts Law for the award of a Maintenance Contract for Township’s Fire Apparatus and received bids on June 5, 2014; and

WHEREAS, on June 12, 2014, via R 181-14 the Township of Randolph Council awarded a one-year Maintenance Contract for Township’s Fire Apparatus to First Priority Emergency Vehicles, Inc. of Manchester, NJ for the period of July 1, 2014 through June 30, 2015 with the option to renew for two one-year periods or one two-year period for the bid prices listed:

Hourly Rate for Routine Service: $72.50
Hourly Rate for Emergency Service: $110.00
Cost for pick-up and delivery (per vehicle) from Fire Department locations to vendor’s facilities: $0.00
Percentage Above Cost on Parts used: 20%; and

WHEREAS, the Fire Chief recommends the extension of the contract to First Priority Emergency Vehicles, Inc. of Manchester, NJ for a one-year period from July 1, 2015 through June 30, 2016 at the same prices with the option to extend for one additional year beginning July 1, 2016 through June 30, 2017.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract with First Priority Emergency Vehicles, Inc. of Manchester, NJ for the Maintenance Contract for Township’s Fire Apparatus project for the prices listed be extended for one year from July 1, 2015 through June 30, 2016 with the option to renew for one additional year beginning July 1, 2016 through June 30, 2017.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 16, 2015

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2015 Budget, Fleet Management, O & E and the 2016 Budget, Fleet Management, O & E (pending adoption) to award a contract to First Priority Emergency Vehicles, Inc. for the maintenance of fire apparatus.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-26-315-308 (not to exceed $1,500)
01-201-26-315-308 (not to exceed $1,500)—pending adoption

3. Authorizing a Refund for Teen Travel Camp to Brian Murphy—$850.00

R-90-15

WHEREAS, Brian Murphy registered their child for Teen Travel Camp and paid the fee of $950.00; and

WHEREAS, his son will not be attending the Teen Camp.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $850.00 be refunded to Brian Murphy, 30 Sanford Drive, Randolph, NJ 07869.

4. Authorizing Release of Police Detail Escrow to Various Entities

R-91-15

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

High Point Utilities $77.00
Penta Communications $192.50
M.C.S.S.A.D.A. $462.00
Eagle Rock Utility Service $616.00

5. Authorizing the Sale of Eight Old Weapons to the RTSP Shooting Facility in Randolph for a Purchase Price of $100.00 Each

R-92-15

WHEREAS, the RTSP Firearms Training Shooting Range wishes to purchase eight (8) old shotguns from the Randolph Township Police Department; and

WHEREAS, these weapons were purchased in November of 2001 for $360.39 each and new shotguns were purchased to replace these in 2014.

WHEREAS, the Township no longer has use for the old shotguns and, considering their worn condition, was offered a fair market price of $100.00 per weapon.

WHEREAS, this transaction is approved of by Chief David Stokoe.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Agreement between Randolph Township and RTSP.

6. Refund Outside Tax Sale for Block 78, Lot 2 at 329 Quaker Church Road to Tower Fund Services in the Amount of $3,349.60

R-93-15

WHEREAS, Outside Tax Sale Certificate #2012 held by Tower Fund Services, assessed to Stefanka Pavlov, Block 78, Lot 2, 329 Quaker Church Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,649.60 and premium in the amount of $1,700.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $3,349.60 to Tower Fund Services holder of Tax Sale Certificate #2012.

7. Refund Outside Tax Sale for Block 51, Lot 13—23 Combs Hollow Road to Pro Capital I—$28,750.21

R-95-15

WHEREAS, Outside Tax Sale Certificate #1943 held by US Bank for Pro Capital, I, assessed to David/Nancy White, Block 51, Lot 13, 23 Combs Hollow Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $27,250.21, and premium in the amount of $1,500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $28,750.21 to US Bank Cust for Pro Capital I, holder of Tax Sale Certificate #1943.

8. Amending the 2015 Temporary Budget

R-96-15

WHEREAS, the 2015 Temporary Budget was approved on January 1, 2015 via Resolution No. 19-15, which provided an appropriation of $8,382,250 to cover contracts, commitments or payments to be made prior to the adoption of the 2015 Budget; and

WHEREAS, the statutory limit of 2015 temporary appropriations is $8,400,463, which is 26.25 percent of the 2014 Budget, exclusive of Principal and Debt, Capital Improvements and Public Assistance; and

WHEREAS, there remains $18,213 ($8,400,463 less $8,382,250) in 2015 Temporary Budget Appropriations.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Randolph, County of Morris, State of New Jersey, that the following temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer

POLICE DEPARTMENT

9. 2015 Emergency Temporary Appropriations

R-97-15

WHEREAS, 40A:4-20 of the Local Budget Law provides that in addition to temporary appropriations necessary for the period prior to the adoption of a budget, a governing body may make emergency temporary appropriations for any purpose(s) which may lawfully be made for the period between the beginning of a current fiscal years and the date of the adoption of a budget for said year.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Randolph, County of Morris, State of New Jersey, that the following emergency temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records:

10. Application for Social Affair Permit, St. Andrew Greek Orthodox Church at the St. Andrew Community Center, 1447 Sussex Tpke., Randolph, NJ on 6/5/15 from 11 am to 11:30 p.m.; 6/6/15 from 12 noon to 11:30 p.m.; 6/7/15 from 12 noon to 8:00 p.m.

11. Social Affair Permit, Eleventh Hour Rescue, at the Skylands of Randolph, 792 Route 10 West, Randolph, NJ on April 27, 2015 from 7:00 p.m. to 9:00 p.m.

F. UPCOMING EVENTS

1. Clean Communities Day—April 25th at 8:30 a.m.
2. Ribbon Cutting—Randolph Regional Animal Shelter, 97 Ironia Road, Mendham, on April 30th at 5:30 p.m.
3. Commemorative Bench Dedication—In memory of Jacob Levy, Brundage Park, on May 12th at 6:30 p.m.
4. Commemorative Bench Dedication and Tree Dedication—In memory of Ty Thompson, Mt. Freedom Park, on May 19th at 6:30 p.m.
5. Ironia Firehouse Pancake Breakfast—April 19th from 7:30 a.m. - 11:30 a.m.
6. YCS Alliance of Services—Ribbon Cutting in Flanders - April 23rd from 10:30 a.m. - 12:00 p.m.
7. Morris County Public Workshop on Transportation Issues—April 29th from 6 p.m. - 8 p.m. in Roxbury Township
8. Morris County EDC—May 8th at the Birchwood Manor
9. Historic Bus Tour of Randolph—May 9th at 2 p.m., leaving the Municipal Building, $5
10. Millbrook Firehouse #2—Beefsteak Dinner - May 30th at 6 p.m.

G. ORDINANCES: INTRODUCTION

1. Ordinance #05-15: Salaries—Amending Ordinances 16-09, 23-10, 12-11, 10-12, 14-12, 17-12 and 9-13 to Provide and Determine the Range of Compensation for Specified Officers and Employees in the Township of Randolph

Manager Mountain explained that it is required by law to update this Ordinance annually; it establishes the maximum salaries for employees and appointed officials with the exception of the FOP contract and the Teamsters contract.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NOS. 16-09, 23-10, 12-11, 10-12, 14-12, 17-12 and 9-13 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 30th of April, 2015 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

Councilman Guadagno made a motion to introduce Ordinance #05-15. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

2. Ordinance #06-15: Appropriating $323,300 from the Capital Improvement Fund for Various 2015 Capital Improvements

Manager Mountain explained that this is capital cash, general capital Ordinance. These are projects in the capital improvement plan that will be funded via cash. The Manager gave an overview of the Memorandum he had supplied to the Council with the various projects. Included in this Ordinance are projects for the Rescue Squad, the Police Department, the Parks Department, the Fire Department, and improvements in the animal shelter.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $323,300 FROM THE CAPITAL IMPROVEMENT FUND FOR VARIOUS 2015 CAPITAL IMPROVEMENTS” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 30th of April, 2015 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

There was a brief discussion on the Fire Chief and Deputy Fire Chief vehicles.

Councilman Napoliello made a motion to introduce Ordinance #06-15. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

3. Ordinance #07-15: Appropriating $770,000 from the Capital Improvement Fund for 2015 Water/Sewer Capital Improvements

Manager Mountain explained that this is a capital cash Ordinance; all items are part of the 2015 capital plan which the Council reviewed as part of the budget process. This Ordinance covers items in the Water/Sewer area.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $770,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2015 WATER/SEWER CAPITAL IMPROVEMENTS” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 30th of April, 2015 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

Councilman Guadagno made a motion to introduce Ordinance #07-15. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

4. Ordinance #08-15: Appropriating $97,500 from the Recreation/Open Space Trust Fund for Various 2015 Parks and Recreation Capital Improvement

Manager Mountain explained that this is a capital cash Ordinance; these items are related to the Recreation/Open Space Trust Fund. The Manager noted each of the projects in the Ordinance.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $97,500 FROM THE RECREATION/OPEN SPACE TRUST FUND FOR VARIOUS 2015 PARKS AND RECREATION CAPITAL IMPROVEMENTS” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 30th of April, 2015 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

Councilman Guadagno made a motion to introduce Ordinance #08-15. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

5. Ordinance #09-15: Providing for Various Capital Improvements Appropriating the Aggregate Amount of $2,128,000 Therefore and Authorizing the Issuance of $1,952,250 Bonds or Notes of the Township to Finance Part of the Cost Thereof

Manager Mountain explained that this a bond Ordinance covering the remaining portions of the 2015 Capital Improvement plan. The Manager noted each of the projects included in the Ordinance.

BE IT RESOLVED, that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE AGGREGATE AMOUNT OF $2,128,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,952,250 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 30th of April, 2015 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

Councilman Guadagno questioned the 40 year period of usefulness since he thought there was a limit on the number of years. Manager Mountain explained that useful life is set by the Bond Council. For example, the useful life of a sewer project is much longer than a vehicle.

Councilman Guadagno made a motion to introduce Ordinance #09-15. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

H. DISCUSSION ITEMS

1. 2015 Road Overlay Program

Mayor Veech stated that the Council had received a Memorandum from Manager Mountain regarding the recommendation for the 2015 Road Overlay program.

Manager Mountain explained that there were some changes to the approach this year both internally as well as involving the workgroup; he felt the changes had a positive impact on the overall process. A greater team effort was established between the Public Works Department and the Engineering Department on both the evaluation and the recommendation of roads. The rating system was the same as the past, but a narrative column was added to capture some items that may not fit into a numeric box. In addition, the narrative column was used to identify where some repair work will be done or plans for a future overlay so the Council could have a better idea of the status of the roads. Mayor Veech asked Manager Mountain to explain what the different notes meant; he provided a brief explanation of the specific notes for various roads. There was also some discussion on providing weight for the specific repairs for future road ranking documents; not all repairs are of equal value. Manager Mountain stated that the issue was discussed, and it will be provided next year.

Councilman Guadagno stated that he has read several articles reporting that when the stripes on the roads are closer together, it can help to slow down cars. He asked Tom Spring to look into the idea. Manager Mountain stated that they agreed that if it made sense, and there was adequate room to make the side portion of the road a little wider, they could do that. But a certain lane width still needs to be maintained for safety. The Manager will work with Tom Spring on this issue.

Manager Mountain read the list of roads recommended for the overlay program:

Manager Mountain stated that with the Council’s consent, the goal is to introduce the Ordinance for the overlay program at the April 30th meeting.

Councilman Loveys asked if Tom Spring is looking into any alternatives for the overlay. Manager Mountain replied that Tom Spring is looking into alternatives with regard to equipment and street maintenance approaches. The Manager will bring the infrastructure workgroup in on what is being considered for street maintenance before it gets to the overlay stage, such as a sealing or coating system that gives a road a much longer life at a fraction of the cost of overlaying. There is also a piece of equipment that has become more popular and has come down in price that allows the strip milling and paving to be done in one process; this is being considered as possibly a shared machine with another municipality. Councilman Guadagno stated that he felt the entire Council should hear the information on how these techniques work, not just the infrastructure workgroup. Manager Mountain explained the infrastructure workgroup would be the first step, and if there was consensus at that level, then it would be brought to the Council.

2. COAH—R-94-15 Authorizing the Filing of a Declaratory Judgment Action in Superior Court of NJ & Motion Seeking Temporary Immunity from 3rd Party Lawsuits While Pursuing the Declaratory Judgment Action and Taking All Ancillary Actions to Accomplish that Objective

Mayor Veech asked Attorney Buzak to explain the resolution, how it got to that point, and why it’s being done. Attorney Buzak explained the following:

• This resolution derives from the Supreme Court decision on March 10, 2015 in which the Supreme Court divested COAH, the administrative agency, of jurisdiction over affordable housing issues.
• In addition, the Supreme Court took over all of the affordable housing components in which municipalities, developers, or builders are involved.
• The reason for it goes back to the Supreme Court decision September 2013 where they directed COAH to adopt third round regulations. COAH had adopted several iterations of third round regulations beginning in 2004 and ending in 2008; each iteration of those regulations was challenged, and challenged successfully. In September 2013 it got to the Supreme Court who invalidated the Growth Share Methodology that COAH utilized in those regulations. It directed COAH adopt regulations that reflected the same methodology they utilized in the first and second rounds which was from 1987 through 1999. They gave COAH a schedule that they had to meet to adopt those regulations because it is an administrative process. The deadline was October 22, 2014.
• COAH had done everything in terms of the process, and they met on October 20, 2014 to consider the adoption of the regulations. Only six members of COAH were at the meeting, and they deadlocked on a vote to postpone the adoption so that the regulations could be further refined. They also deadlocked on the adoption of the regulations as they had been proposed. As a result of COAH’s deadlock, one of the parties brought a motion before the Supreme Court to effectively divest COAH of jurisdiction and transfer jurisdiction to the court.
• On March 10, 2015 the court made that determination, and delayed the effective date of their order for 90 days; their order does not take effect until June 8, 2015.
• In their decision they divided all the municipalities in the state into three categories. One category was those municipalities that have done nothing with regard to their affordable housing obligation in the sense of either attempting to proceed before COAH or attempting to proceed before the court to validate their plan. The second category was those municipalities (about 60) that had received third round protection during that period between 2004 and 2008, and 2010 where they had the different iterations of the third round regulations. Municipalities were proceeding on each iteration and COAH, at times, did approve housing and limits and fair share plans. The third category were all the rest of the municipalities that had filed plans before COAH, but COAH had not gotten to yet; Randolph was among the approximately 315 municipalities in that category. The last two categories were taken over by the court; the court would have jurisdiction over the first category anyway.
• The issue was the transition from COAH to the court. The court set up a mechanism that put municipalities in the driver’s seat; they were given the right, after this order becomes effective on June 8, 2015, to file a Declaratory Judgment Action. That is a lawsuit that seeks to have the court enter a judgment that the municipality has met its constitutional obligation, has a plan to satisfy it prospectively to 2025, and has done everything it should do. In granting that judgment, Randolph will be protected from lawsuits by builders who wanted to have their property rezoned to develop it in a fashion that would produce both market and affordable housing.
• In addition, municipalities were given the opportunity to seek from the court immunity from these third party actions while the township was developing the plan to satisfy its obligation. The problem is that those plans were all based upon that methodology that COAH had developed over that period of time which the Supreme Court found invalid, the Growth Share Methodology, and instead directed COAH to adopt regulations to follow the first and second round methodology. Therefore, all these plans that have been prepared are useless because they were based on a theory that is no longer valid. So all the municipalities have to revise their plans to reflect a new methodology.
• The municipalities were given the opportunity to go to court and ask for immunity so they would have a window of opportunity, without being subject to lawsuits, to come up with their new plan under this new methodology.
• Attorney Buzak recommended to Randolph to take the opportunity the Supreme Court gave, that they should authorize the filing of a Declaratory Judgment Action and seek a Judgment of Compliance and Repose, to seek a temporary Order of Immunity to allow the township to develop a plan, and take any other action needed to effectuate that operation.
• The Supreme Court invalidated the Growth Share Methodology but declined to establish any new methodology. Therefore, all municipalities are in this situation where they have to develop a plan, but they don’t know what the destination of the plan is. The Supreme Court was urged to come up with the methodology or to establish a protocol so it would be developed, and then move forward to allow the plans to be done. The Supreme Court didn’t want anything to do with it, and sent it back to the trial courts.
• There is going to be a chaotic situation over the course of the next several months. The situation is still developing; therefore, there will be decisions that the municipalities will have to make as it goes along to adjust to a changing landscape.
• This is the first step needed in order to move forward.
• One thing added to the Resolution that was not discussed, is a revision that asks the Court to also take jurisdiction over the spending plan. Randolph, and many municipalities in the state, has collected development fees from developers under a statutory provision that allows that to happen. There is over $1,000,000 of funds that have been collected from developers in lieu of their providing affordable housing that needs to be used by the township for affordable housing purposes. Before that can be spent, a spending plan needs to be developed, and that spending plan has to be approved by COAH.
• Under the legislation adopted in 2008, COAH had the right to seek to have the municipalities forfeit these development fees that have been collected if they weren’t spent, or committed to being spent, in a four year rolling window from when the money was received. Because COAH had not defined what “commit to spend” would be, municipalities felt they would be unfairly treated if COAH tried to affect a forfeiture of their funds. There was litigation instituted in which the League of Municipalities was also involved.
• Last week the Appellate Division came down with a decision that rested jurisdiction over the forfeitures and over the spending plans from COAH, and put that in the hands of the Court. They said to the Administration and to COAH, “you are enjoined from taking any action that would affect a forfeiture of these funds for any municipality.” It did not affect Randolph because it was one of the few municipalities in the state that had submitted materials to COAH in response to their request, and had gotten resolution from COAH saying “you have adequately committed your segment of funds to projects; therefore, you will not forfeit your funds.” The project is the Habitat for Humanity project on the EA Porter site. However, there is still a spending plan and other funds cannot be spent unless it’s consistent with that spending plan.
• If the spending plan needs amending, this authorizes the township to have the Courts do that consistent with the Appellate Division decision. Attorney Buzak asked the Council to consider the adoption of the Resolution that is on the agenda which authorizes the filing of the action. He also stated that as a result of other litigation, not involving Randolph Township, the estimated fair share affordable housing numbers were obtained from another party. Attorney Buzak stated that it is important to know the magnitude of the numbers that some people say municipalities should be faced with. He provided the Council with the specific numbers had COAH adopted the regulations on October 20, 2014. He will also provide the Council the information in an email.

Councilman Loveys stated that the Resolution indicates having reached first round substantive certification, and then having applied for second round, but it doesn’t say Randolph has received second round certification, and now it’s into third round; he asked for clarification. Attorney Buzak explained that the reason second round certification was not received was because the township was subject to a builder’s remedy lawsuit at the time; the Randolph Mountain lawsuit. Each time the township filed anything with COAH; it would be stayed until the litigation was completed. By the time it got to the point where COAH could consider second round certification, third round had already come up and they had already promulgated their first iteration of the third round rules which incorporated everything. Randolph then filed a third round application that included second round. It doesn’t hurt Randolph because Randolph was always proceeding to satisfy the second round obligation.

Deputy Mayor Hirniak stated that the filing of a Declaratory Judgment Action will invite a challenge; he asked Attorney Buzak to explain the concept of immunity since it will already be challenged. Attorney Buzak explained that under the Supreme Court determination, Fair Share Housing Center has a seat at the table in each of the Declaratory Judgment Actions. They have to be notified and they have an opportunity to be heard. The municipalities anticipate that Fair Share Housing Center, the main housing advocacy group in the state, will attend and they will be adversarial. Attorney Buzak explained that Randolph is seeking immunity from a builder coming in and suing the township. When the number is ultimately established, the township would get to determine how to satisfy its affordable housing obligation. Deputy Mayor Hirniak clarified that the immunity is from the process of being told how to implement the obligation; Attorney Buzak said that was correct.

Deputy Mayor Hirniak stated there is a component that requires the Planning Board to get involved; he assumed that will be on a future agenda. Manager Mountain replied that he envisions it becoming part of the Master Plan as an updated housing element. The Planning Board will also acknowledge and authorize the process to begin. The process of developing the housing element will be done by the Master Plan committee.

Councilman Guadagno made a motion to accept Resolution 94-15. Deputy Mayor Hirniak seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

R-94-15

WHEREAS, in 1975 the Supreme Court of New Jersey in South Burlington County N.A.A.C.P. v. Township of Mount Laurel, 67 N.J. 151 (1975), ruled that the developing municipalities in the State of New Jersey exercising their zoning power, in general, had a constitutional obligation to provide a realistic opportunity for the construction of their fair share of the region’s low and moderate income housing needs; and

WHEREAS, in 1983, the Supreme Court refined that constitutional obligation in South Burlington County N.A.A.C.P. v. Township of Mount Laurel, 92 N.J. 158 (1983), to apply to those municipalities having any portion of their boundaries within the growth area as shown on the State Development Guide Plan; and

WHEREAS, in 1985, the New Jersey Legislature adopted, and the Governor signed the Fair Housing Act (“FHA”) which transformed the judicial doctrine which became known as the “Mount Laurel obligation” into a statutory one and provided an alternative administrative process in which municipalities could elect to participate in order to establish a Housing Element & Fair Share Plan (“HE&FSP”) that would satisfy its constitutional obligation by creating an administrative agency known as the Council on Affordable Housing (“COAH”) to develop regulations to define the obligation and implement it; and

WHEREAS, COAH proceeded to adopt regulations for the first round obligations applicable from 1987 to 1993 and second round obligations that created a cumulative obligation from 1987 to 1999; and

WHEREAS, prior to the expiration of the second round regulations, COAH embarked upon a process to develop third round regulations utilizing a different methodology for the calculation of a municipality’s affordable housing obligation that became known as the growth share methodology; and

WHEREAS, on or about November 16, 1987 and March 3, 1988, the Township of Randolph (“Township”) received First Round Substantive Certification from the New Jersey Council on Affordable Housing (“COAH”) that addressed its first round affordable housing obligation; and

WHEREAS, a 1995 HE&FSP was prepared to address the Township’s second round affordable housing obligation which was pursued through COAH with updates prepared on March 18, 2003 and August 19, 2004; and

WHEREAS, COAH adopted the first iteration of growth share regulations in 2004; and

WHEREAS, a 2005 HE&FSP was prepared pursuant to the first iteration of the third round rules adopted by COAH on or about December 20, 2004; and

WHEREAS, as a result of the first iteration of the third round rules being invalidated in 2007; a second and third iteration of the third round rules being adopted by COAH in 2008; a September 5, 2008 Executive Order #114 concerning the interrelationship of the COAH affordable housing obligation and the growth projections in the Highlands Regional Master Plan being issued by the Governor; and an October, 2008 Memorandum of Understanding (“MOV”) between COAH and the Highlands Council being executed, the Township prepared its latest 2010 HE&FSP addressing its entire affordable housing obligation and submitted it to COAH on or about June 7, 2010; and

WHEREAS, the third iteration of the third round regulations were invalidated by the Appellate Division in 2010, which determined, among other things, that the growth share methodology was invalid and that COAH should adopt regulations utilizing methodologies similar to the ones utilized in the first and second rounds, i.e. 1987-1999; and

WHEREAS, on September 26, 2013, the Supreme Court of New Jersey affirmed the Appellate Division’s invalidation of the third iteration of the third round regulations, sustained their determination that the growth share methodology was invalid, and directed COAH to adopt new regulations based upon the methodology utilized in the first and second rounds; and

WHEREAS, COAH proceeded to propose such regulations in accordance with the schedule established by the Supreme Court; and

WHEREAS, on October 20, 2014, COAH deadlocked on the adoption of the revised regulations; and

WHEREAS, Fair Share Housing Center (“FSHC”), an interested party and housing advocacy group filed a motion with the Supreme Court to enforce litigant’s rights in light of COAH’s deadlock and subsequent inaction; and

WHEREAS, on March 10, 2015 the Supreme Court issued its decision on FSHC’s motion to enforce litigant’s rights and in doing so established a procedure for municipalities to utilize to transition their applications pending before COAH to the judicial system in order to achieve similar protections that the municipality would have received had the COAH process proceeded; and

WHEREAS, the procedure established by the Supreme Court requires that by July 8, 2015 a participating municipality (of which the Township is one), bring a Declaratory Judgment action in the Law Division of the Superior Court before the designated Mount Laurel judge on notice and an opportunity to be heard to a variety of entities, to declare the municipality’s HE&FSP as being constitutionally compliant; and

WHEREAS, the Supreme Court gave the Township the right to seek temporary immunity from third party lawsuits while it pursues its Declaratory Judgment action; and

WHEREAS, on April 9, 2015 the Appellate Division issue its decision in the case entitled In re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, Docket No. A-5257-11T4 and Docket No. A-0122-13T3 wherein they divested COAH of jurisdiction to effect a forfeiture of Affordable Housing Trust Funds not spent or committed to be spent within four years of their receipt and transferred jurisdiction over any such actions to the 15 Mount Laurel designated judges who would also be hearing the Declaratory Judgment actions abovementioned; and

WHEREAS, there remains pending before COAH unapproved Spending Plans potentially preventing municipalities from utilizing their Affordable Housing Trust Funds in an appropriate manner; and

WHEREAS, in light of the transition of jurisdiction to effect a forfeiture of Affordable Housing Trust Funds to the Court, it is appropriate to seek approval for any unapproved Spending Plan by the Court as part of the Declaratory Judgment action, if circumstances warrant; and

WHEREAS, the Township desires to authorize the initiation of a Declaratory Judgment action in order for the Township to proceed to validate a HE&FSP to be prepared by the Township Planner; to seek temporary immunity while it pursues the Declaratory Judgment action; and to take all ancillary actions associated therewith to accomplish that objective.

NOW, THEREFORE, BE IT RESOLVED by the governing body of the Township of Randolph, County of Morris, and State of New Jersey as follows:

1. The Buzak Law Group, LLC is hereby authorized and directed to initiate a Declaratory Judgment action in the Superior Court of New Jersey, Law Division, Morris County, to seek a declaration that the Township’s HE&FSP, to be prepared by the Township Planner, is constitutionally compliant and satisfies the Township’s affordable housing obligation for the period ending in Year 2025, or such other time period as may be determined by subsequent proceedings and to seek approval of its Spending Plan, if appropriate.
2. Said Declaratory Judgment action shall be filed no later than July 8, 2015, the deadline set forth in the Supreme Court decision above referenced, for the filing of such an action.
3. Simultaneous with the filing of the Declaratory Judgment action, The Buzak Law Group, LLC is hereby authorized and directed to seek and obtain temporary immunity from any third party lawsuits associated with the Township’s affordable housing obligation, for a minimum period of five months or such other time as the Court may direct, in order to allow the Township and its Planner to complete a revised HE&FSP to reflect and accommodate the Township’s affordable housing obligation through Year 2025, or such other time period as may be determined by subsequent proceedings.
4. The governing body requests the Planning Board to authorize the Township Planner to prepare a revised HE&FSP as part of the Master Plan of the Township which, among other things, will establish the affordable housing obligation of the Township through year 2025, or such other time period as may be determined by subsequent proceedings, and further establish a mechanism to satisfy that obligation.
5. The Township requests that the governing body representatives participate in the review of the HE&FSP prior to its public hearing and disposition by the Planning Board inasmuch as the Township will be required to endorse the same as part of its proceedings to obtain the protections to be afforded to it through the Declaratory Judgment action abovementioned.
6. The Buzak Law Group, LLC and Robert Michaels Associates and all other appropriate Township professionals, employees, elected, and appointed officials are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.
7. This Resolution shall take effect immediately.

I. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she appreciated the discussion on COAH.

Howard Messer of Doby Road stated that he was speaking for 1,200 residents. On South Road there is no parking, and there are signs indicating that, but on Doby Road there’s no parking, but no signs. In front of the cemetery on South Road there are “no parking” signs. When there was a recent funeral there, someone called the police in the middle of the funeral to report that cars were parked along South Road and Dawson Road. Mr. Messer would like a Resolution drafted that states that parking is allowed on the property on South Road in front of the cemetery and down Dawson Road when there is a funeral or other activity at the cemetery. He felt that the current Resolution prohibiting parking in front of the cemetery for a service that lasts an hour, was inappropriate. Mr. Messer stated that he had spoken to the Manager and that he felt a Resolution could be drafted before the end of the year. Mr. Messer also stated that this shouldn’t be a controversial issue, and that it should be corrected quickly. Manager Mountain stated that there will be an Ordinance on the agenda for the next Council meeting for the Council’s consideration. The draft Ordinance is being worked on by Keli Gallo. It would essentially give the opportunity for the circumstances where there is a ceremony at the cemetery that requires extra parking, to be provided for on a waiver basis. The Manager stated the Ordinance will also address a similar issue at the Shongum Firehouse twice a year when there is voting.

Seeing no one further from the public, the public portion was closed.

J. COUNCIL COMMENTS

Councilman Guadagno asked if the dollar amount of the Police OT was for the month or year to date; Manager Mountain stated it was year to date. Councilman Guadagno requested that the inspector go to Fuel 10; there are an inordinate number of cars parked in the back. Manager Mountain believed it was already addressed, but he would follow up.

Councilman Loveys reported that he attended the TAC meeting on April 7th. The TAC carried out an initiative to work with the Police Department and promote the Distracted Driving Awareness campaign. The TAC coordinated with officials at CCM and the Police Department, and arrived at four dates whereby members of the TAC and the police would stand on the campus and distribute information on Distracted Driving Awareness. The two remaining dates are April 21st and 30th. Councilman Loveys also reported that Share the Keys was March 23rd; the TAC and the school are in transition to revitalize that program. A person from Kean University ran the program on March 23rd. Another program will be held in the fall.

Councilman Loveys reported that he and Deputy Mayor Hirniak attended the Morris County League of Municipalities meeting. The Federal government supplies money to the state and the counties to provide Community Block Development Grants. The Federal government has recently taken a position that VFWs and American Legions do not qualify; they are viewed as social clubs. One municipality spoke in objection to that, and the League will be circulating a Resolution. Deputy Mayor Hirniak added that there is one exception to the rule, where the municipality owns the VFW; the Block Grants are still available. Congressman Frelinghuysen has already been approached by Assemblyman Bucco, and the Congressman has already contacted the Federal government.

Councilman Guadagno stated that he thought the Council had taken Harry Ruiz off the MAC because he never attended meetings; however, his name is still on the roster. Councilman Napoliello confirmed that Mr. Ruiz does not attend the meetings. This year he missed both of the two meetings to date, and last year he missed 10 of 12 meetings. Councilman Guadagno stated that, based on the Council’s rules, if Mr. Ruiz misses one more meeting, he will be removed from the committee. Mayor Veech stated that she would inform Harry Ruiz, and asked Councilman Napoliello to inform her if he misses another meeting.

Mayor Veech stated that she had asked Manager Mountain to set up meetings with some key taxpayers. She also asked Deputy Mayor Hirniak to attend the meetings, and if one other Council member was interested, he/she could attend.

Mayor Veech asked Manager Mountain when they should expect to begin getting feedback on the Revaluation. The Manager replied that he spoke to the consultant, and they are in the final stages of preparing the brochure. The next step in the process is to bring the workgroup back together to view all of the public relations information at once, as well as to review the master schedule which the consultant has put together for the project. The public meeting will be sometime in May, with a kickoff of the project in the summer.

Mayor Veech asked Manager Mountain when the Master Plan will begin. The Manager stated it would be at one of the next two Council meetings; the discussion that night would be the Council determining who would be on the committee.

K. EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, and State of New Jersey, as follows:

1. The public shall be excluded from the remaining portion of the meeting.

2. The general nature of the subject matter to be discussed is as follows:

Review of Tax Appeals

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the Executive Session, the Council may reconvene in public session for the purpose of taking formal action.

Councilman Forstenhausler made a motion to move into Executive Session at 8:50 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello (left at 9:10 p.m.)
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

Councilman Guadagno made a motion to close the Executive Session at 9:25 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

ABSENT: Councilman Napoliello

L. RE-OPEN REGULAR MEETING

Councilman Forstenhausler made a motion to re-open the Regular meeting at 9:25 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

ABSENT: Councilman Napoliello

Councilman Guadagno made a motion to accept Resolution 65-15. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

ABSENT: Councilman Napoliello

R-65-15

WHEREAS, appeals of the real property tax assessments of the following properties have been filed in the Tax Court of New Jersey:

WHEREAS, the property owners and the Township have agreed to a settlement for the pending appeals; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty (60) days of the date of entry of Judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, be settled pursuant to the terms set forth herein.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Randolph, in the County of Morris, State of New Jersey, as follows:

1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

3. This resolution shall take effect immediately or as otherwise provided by law.

M. ADJOURNMENT

Deputy Mayor Hirniak made a motion to adjourn the meeting at 9:26 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

ABSENT: Councilman Napoliello