502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: April 6, 2017

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Carey. 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 2, 2016 by emailing them the annual resolution adopted by the Council on December 1, 2016. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on December 8, 2016, and the Daily Record on December 6, 2016.

2. Roll Call

PRESENT:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Forstenhausler (arrived at 7:25 p.m.)
Mayor Carey

Also present: Township Manager Mountain, and Keli Gallo from the Law Office of Edward Buzak.

3. Pledge of Allegiance

Mayor Carey led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she has asked in the past about changing the ordinance for fences to increase the allowed height in order for residents to keep deer off their property. She felt the Council should bring the topic to the attention of the Wildlife Management Advisory Committee. Mayor Carey and Manager Mountain explained that might not be the best way to handle it, that it should be brought to the attention of the Planning Board.

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

C. BOARD OF EDUCATION PRESENTATION 2017-2018

Mr. Sheldon Epstein, Ms. Jennifer Fano, Mr. Gerald Eckert, and Mr. Joe Faranetta from the Board of Education (BOE) attended. Mr. Epstein, Chairperson of the Finance, Facilities & Transportation Committee, presented the following highlights:

  • The public hearing and final budget adoption will be on April 25, 2017
  • 0.39% property tax increase, leading to an operating budget of $89.8M
  • 2% increase in Local Sources (Local tax)
  • $34 increase for average residence appraisal
  • 0.39% has been the lowest increase in over 16 years
  • 80% of the operating budget goes to payroll and benefits
  • Total operating budget increase by $3.0M over prior year budget
    • $1.2M increase in Capital Reserve funds; $2.2M total
    • $350K funding from Emergency Reserve
  • Of the 12 school districts in Morris County of K-12, for the Total Comparative Pupil Spending, Randolph is number 7 (in the middle of the group, like last year)
  • The “all in” cost per student, is about $19K; that is the $90M operating budget divided by 4,700 student enrollment that the district is responsible for (the figure on the slide of 4,885 was from the NJDOE for year 2015/2016)

There were brief discussions about:

  • Student enrollment—overall there has been a slight decline in enrollment
  • Facilities and technology
  • Solar panels
  • The BOE looking at the overall tax impact, including the county and the township

Ms. Jennifer Fano presented the following highlights:

  • The BOE has been supportive of the teachers, professionals, support staff, and curriculum. Professional development includes:
    • Instructional delivery in classrooms
    • Assessment strategies
    • STEAM—Science, Technology, Engineering, Arts, and Math
    • Literacy instruction
  • Student Choice—Makerspaces, RHS-Option II and AP Capstone, RMS-Capstone, Elementary-Genius Hour and Learner Active, Technology Infused Classrooms
  • Learning standards are changing this summer—NJ has adopted new standards that adjust the common core standards slightly in math and language arts; these must be in the curriculum documents in September 2017 (New Jersey Student Learning Standards).

Mayor Carey asked if world language began in kindergarten. Ms. Fano explained that the state requires world language to begin in kindergarten; at the elementary school level, it is delivered via an online program. Formal instruction (French and Spanish) begins in middle school; Mandarin will be added next year in the high school.

Deputy Mayor Forstenhausler asked for clarification on the information that has been circulating about the music program, and the band. Ms. Fano explained that every year, every program is reviewed based on several criteria. When looking at the music schedules, she wanted to ensure there was an efficient way to deliver the instruction. Ms. Fano explained how the instruction takes place in both the high school and middle school. She asked the supervisor to meet with the music professionals at the middle school, who have experienced three different schedules in the last six years, for their input. Ms. Fano explained she is looking at the complete picture, including the instructional day. When the schedule is determined, she will share it with the community. Deputy Mayor Forstenhausler asked if there was a way for the BOE to keep parents and families more informed about the discussions. Ms. Fano explained that it is her responsibility, not the BOE. The communication could have been better; however, the discussion on the leveling information was on the online agenda for an education committee meeting, and it was presented at that meeting, with one member of the public in attendance. She stated that they are trying to increase communications through additional routes.

D. APPOINTMENTS

1. Appointment to Library Board of Trustees—Lou Nisivoccia

Councilwoman Veech made a motion to approve the appointment of Lou Nisivoccia to the Library Board of Trustees. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

E. MANAGER’S REPORT

Manager Mountain reported the following:

He, Mayor Carey, Darren Carney, and Paul Ferriero met with the State Department of Transportation to review the preliminary plans for Route 10 for resurfacing and intersection improvements. Paul Ferriero captured comments from many different stakeholders and presented them at the meeting; the DOT was receptive of the message. The township specifically outlined its position on the intersections at Dover Chester Road and Route 10, as well as Canfield Avenue and Route 10. The DOT presented a proposal to increase the number of left turn lanes at Center Grove Road and Route 10, which the township presented opposition to for a variety of reasons. The Manager explained the specific details the township would like to see at each of the intersections. The DOT will have their staff review the concept plans, and get back to the township in the next couple of months with a final answer. He felt the DOT was going to make a sincere effort to try and make the suggested changes part of the plan, and to remove the one element of the plan the township did not like.

Councilwoman Veech asked when the work was expected to begin. Manager Mountain said it should begin no earlier than 2019.

  • He met with Paul Ferriero and Chris Vitz, County Engineer, to discuss Sussex Turnpike. There are still a few outstanding issues; the County still needs to close out the program with the Federal government, and they have not gotten all of their payments finalized. They are expecting the project to be closed out by the end of June. The issue of turning right on red at the end of Millbrook will change once the project is closed out. Also, the township has requested additional signage and striping for the two lanes turning left onto Sussex Tpke. from Millbrook; this can be completed prior to the project being closed.
  • April is the testing of the emergency management system; the generators and the Swift 911 system will be tested.
  • The County held a pre-construction meeting on the upgrade of the intersection of South Salem Street and Franklin Road. Work is expected to begin in the next several weeks.
  • The VFW elevator project is underway, and work is expected to be complete by mid-May.
  • Six proposals were received for the design of the Calais Road park project. The steering committee will be meeting on April 17th to interview the finalists for the project, and will make a final recommendation for the Council to consider at the April 27th meeting.

Councilman Guadagno stated that residents have spoken to him about the bump on Dover Chester Road at the intersection with Sussex Turnpike. Manager Mountain will look into it.

Deputy Mayor Forstenhausler asked if the pavement by the front steps of the VFW could possibly be repaired prior to Memorial Day. Manager Mountain reported that he spoke to Tom Spring about it, but he would again follow up with him.

Mayor Carey asked the Manager to clarify the recycling schedule issue. Manager Mountain explained that April is one of the few times per year when the twice per month is not every other week. There were many residents who followed the every other week schedule instead of the new schedule; there were many calls received from residents. Much publicity was done in the beginning of the year. More publicity will be done prior to the September collection, since that is one of the months also affected by the change.

F. APPROVAL OF MEETING MINUTES

1. Approving the Minutes of Budget Meetings Held on January 28, 2017, February 2, 2017 and February 11, 2017

Councilman Loveys noted that one change needed to be made to the February 11, 2017 minutes. In the Manager’s Report, the change of personnel in the Clerk’s Office from part-time to full-time should state 2016, not 2017.

Councilman Guadagno made a motion to approve the budget meeting minutes from January 28, 2017, February 2, 2017 and February 11, 2017, with the above noted correction to the February 11, 2017 minutes. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

G. COMBINED ACTION RESOLUTIONS

Item #9, Settlement agreement and mutual release in connection with litigation—Councilman Loveys expressed his frustration at this situation since the township had done nothing wrong. Manager Mountain explained that the particular documents requested by Seton Hall University are currently in limbo between a Supreme Court ruling and an Appellate ruling. In providing the documents, the township indicated via email and phone the willingness to discuss items that at this time could not fully be disclosed. No response was received from the requestor, and then the township received the lawsuit.

Item #11, Professional Services Agreement to Envocare—Councilman Tkacs asked for clarification on “LSRP.” Councilwoman Veech replied “Licensed Site Remediation Professional”; Manager Mountain added that the state now licenses contractors for environmental cleanup. The cleanup was done in the 1990s, but the paperwork had not been closed out. The DEP now requires additional testing; therefore, this proposal covers the additional testing.

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

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

NAYS: None

1. Refund Partial Registration for Summer Artworks Program Due to a Conflict in Child’s Schedule to Erin Rantas—$325.00

R-85-17

WHEREAS, Erin Rantas registered her child for the Summer Artworks program and paid the fee of $350.00; and

WHEREAS, her child will not be attending Summer Artworks due to a conflict.

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 $325.00 be refunded to Erin Rantas, 77 Musiker Ave., Randolph, NJ 07869.

2. Refund Police Detail Escrow to R&R Construction—$2,000.00

R-86-17

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:

R&R Construction $2,000.00

3. Release Road Opening Cash Bond Posted for the Purpose of Widening a Driveway and Replacing the Retaining Wall at 5 Willow Avenue to Charlie Cardini—$500.00

R-87-17

WHEREAS, the Engineering Department has received a request from Charlie Cardini for the release of a $500.00 cash road opening bond posted for the purpose of widening the driveway and replacing the retaining wall at 5 Willow Avenue, Randolph NJ 07869; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on March 11, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the widening of the driveway and replacing the retaining wall at 5 Willow Avenue, Randolph NJ 07869, within the Township Right of Way; and

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

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 Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Charlie Cardini, 5 Willow Avenue, Randolph, NJ 07869.

4. Refund Soil Movement Permit Application Fee Due to Plan Withdrawal Prior to Public Hearing for Block 44, Lot 16 at 108 Dover Chester R. to 108 Dover Chester Rd., LLC—$1,748.00

R-88-17

WHEREAS, on November 11, 2016, the Clerk’s Office received and deposited with the Finance Department $1,748.00, Check No. 1016, from 108 Dover Chester Road, LLC, for fees associated with a Soil Movement Permit Application, for Block 44, Lot 16 (108 Dover Chester Road); and

WHEREAS, the applicant has withdrawn its application prior to public hearing and is requesting a refund of the application fee in the amount of $1,748.00.

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 the Township’s Clerk’s Office that the soil movement application fee of $1,748.00 be refunded to 108 Dover Chester Road, LLC, 109 Oakdale Road, Chester, NJ 07930.

5. Endorsing an Application for a Treatment Works Approval for Sanitary Sewer Improvements Associated with Butterworth Phase 3 Sanitary Sewer Project

R-89-17

WHEREAS, Dewberry Engineering has completed the design for sanitary sewer improvements including the installation of new sanitary sewer lines and the construction of a sewer pump station; and

WHEREAS, the Township of Randolph must apply to the New Jersey Department of Environmental Protection for a Treatment Works Approval (TWA) for the improvements; and

WHEREAS, in order for the Department of Environmental Protection (“NJDEP”) to consider the extension, the same must be endorsed by the Township, among others; and

WHEREAS, the Township desires to authorize the execution of said improvements.

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

  1. The Township herby endorses a request for a Treatment Works Approval for the sanitary sewer collection lines to be installed within Old Shunpike Road, Carellen Place, Nuko Terrace, and Jason Lane along with the construction of a sewer pump station located within the Carellen Place Right-of-Way.
  2. The Township Manager is hereby authorized and directed to execute the appropriate endorsements for the Treatment Works Approval, together with the other appropriate officers and employees of the Township of Randolph and is hereby authorized and directed to take all actions necessary to effectuate the purposes of this resolution.
  3. This resolution shall take effect immediately.

6. Refund of One Public Water Connection Fee, as Homeowner Originally Paid for Two and Has Opted to Connect Only One at 5 Harvey Terrace to Tatiana Boyadjian—$2,385.00

R-90-17

WHEREAS, the Engineering Department has received a request from Tatiana Boyadjian the owner of 5 Harvey Terrace requesting the refund of a water connection fee paid for a public water connection; and

WHEREAS, on December 1st 2016 the homeowner paid for two public water connections associated with 5 Harvey Terrace; and

WHEREAS, the homeowner has opted to connect only one unit to the public water system and has requested a refund for this connection in the amount of $2,385.00; and

WHEREAS, the Engineering/W&S Administrator recommends the connection fee be refunded.

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 Raffaele Carchia, Engineering/W&S Administrator that the water connection fee in the amount of $2,385.00 be refunded to Tatiana Boyadjian 11508 Victoria Circle, Boyton Beach, FL 33437.

7. Change Order No. 1—to Pacific Construction, LLC, Reducing Phase 2—Revised Final Contract Amount $499,254.19

R-91-17

WHEREAS, the original contract with Pacific Construction, LLC for the Sussex Turnpike Water Main replacement project was $525,303.00; and

WHEREAS, Pacific Construction, LLC did not utilize all line item amounts and quantities contained within the contract in conjunction with the project construction; and

WHEREAS, a reduction in the final contract amount for this project is $26,048.81; and

WHEREAS, the revised final contract amount for this project is $499,254.19, and calculated as follows:

Original contact amount—$525,303.00 Contract reduction amount—$26,048.81 Revised final contract amount—$499,254.19

WHEREAS, Engineering/Water & Sewer Administrator recommends that final contract amount be revised to reflect the work performed as part of this contract.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the final contract amount for the Sussex Turnpike Water Main Replacement Phase 2 Project, awarded to Pacific Construction LLC, be reduced by $26,048.81 for a final contract total of $499,254.19.

8. Release of Contract Performance Bond in the Amount of $118,692.00 and Release of the Project Payment Retainage in the Amount of $2,618.04—as well as Acceptance of Maintenance Bond in the Amount of $13,090.20 for Construction of Water and Sewer Pole Building at 1345 Sussex Tpke. to Dutchman Contracting, LLC

R-92-17

WHEREAS, Dutchman Contracting, LLC was required to post Performance and Labor and Materials Payment bonds each in the amount $118,692.00 to guarantee construction of the Pole Building project located at 1345 Sussex Turnpike; and

WHEREAS, Dutchman Contracting, LLC has satisfactorily completed all work associated with this contract; and

WHEREAS, the Randolph Township Engineering/W&S Administrator recommends that Performance and Labor and Materials Payment Bonds No. 68C009645 issued by The Ohio Casualty Insurance Company in the amount of $118,692.00 be released and Maintenance Bond No. 68C009645 issued by The Ohio Casualty Insurance Company in the amount of $13,090.20 be accepted to serve as the required Maintenance Bond for the project. It is also recommended that the project payment retainage in the amount of $2,618.04 be released to Dutchman Contracting, LLC 12 Riverview Drive, Denver, PA 17517.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that is recommended by Ralph Carchia, Engineering/W&S Administrator that above referenced bonds be released and accepted by the Township of Randolph.

9. Authorizing the Execution of a Settlement Agreement and Mutual Release in Connection with Litigation Entitled Richard Rivera and Gwenda Davis v Township of Randolph and Donna M. Brady—Docket No. MRS-L-176-17

R-93-17

WHEREAS, the Township of Randolph (“Township”) desires to authorize the execution of a Settlement Agreement and Mutual Release in connection with the settlement of litigation entitled Richard Rivera and Gwenda R. Davis v. Township of Randolph and Donna M. Brady, Docket No. MRS-L-176-17; and

WHEREAS, said Settlement Agreement and Mutual Release (attached as Exhibit A) dismisses the pending litigation with prejudice in accordance with the terms and conditions contained therein.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof as follows:

  1. The Settlement Agreement and Mutual Release regarding the settlement of litigation entitled Richard Rivera and Gwenda R. Davis v. Township of Randolph and Donna M. Brady, Docket No. MRS-L-176-17, is hereby approved.
  2. The Township hereby authorizes and approves any non-substantive modifications to the Settlement Agreement and Mutual Release as may be recommended and approved by the Township Manager and Townships Attorney.
  3. The Townships Attorney is hereby authorized and directed to execute said Settlement Agreement and Mutual Release and all appropriate officers, employees, consultants and professionals of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this resolution.
  4. This Resolution shall take effect immediately.

10. Extending the Contract for Electrical Subcode Inspection Services from June 1, 2017 through May 31, 2018 with the Option to Extend the Contract for One Additional Year with Building Inspector Underwriters, Inc.

R-94-17

WHEREAS, bids had been advertised and received on March 17, 2016 in accordance with Local Public Contracts Law for Electrical Subcode Inspection Services from June 1, 2016 through May 31, 2017 with the option to extend for two one-year periods ending May 31, 2019; and

WHEREAS, via R 113-16 the Township of Randolph awarded a one year contract to Building Inspection Underwriters, Inc. of Feasterville, PA for Electrical Subcode Inspection Services from June 1, 2016 through May 31, 2017 with the option to extend for two one-year periods ending May 31, 2019; and

WHEREAS, the fee bid for all three years is 86% of the subcode inspections fees; and

WHEREAS, the Construction Official recommends the extension of the contract for one year from June 1, 2017 through May 31, 2018 with the option to extend for one additional year beginning June 1, 2018 through May 31, 2019.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract with Building Inspection Underwriters, Inc. of Feasterville, PA for Electrical Subcode Inspection Services be extended for one year from June 1, 2017 through May 31, 2018 for 86% of the subcode inspections fees per their bid proposal, with the option to extend for one additional year beginning June 1, 2018 through May 31, 2019.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6,2017

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 for the Township of Randolph, have ascertained that funds will be available in the 2017 Budget, Electrical Inspections (pending adoption), to award a contract to Building Inspection Underwriters for electric subcode inspection services, per its response to a township bid solicitation.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-22-200-300—pending adoption (not to exceed $90,000)

11. Authorizing the Award of a Professional Services Agreement to Envocare for the Additional LSRP Services (1,000 Gallon Waste Oil Ust—1345 Sussex Tpke)—Not to Exceed $12,575.00

R-95-17

WHEREAS, the Township of Randolph (“Township”) requires additional LSRP Services (1000 gallon waste oil UST—1345 Sussex Turnpike) for the period of April 6, 2017 - April 5, 2018; and

WHEREAS, the Township has agreed to retain Envocare located at 1527 Route 27, Ste 105, Somerset, NJ 08873 to provide the necessary additional LSRP Services (1000 gallon waste oil UST—1345 Sussex Turnpike) services for a total amount not to exceed $12,575; and

WHEREAS, the fees are as noted in the attached proposal; and

WHEREAS, the anticipated term of this contract is from April 6, 2017 - April 5, 2018; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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

  1. The Township hereby hires, employs and retains Envocare having an office at 1527 Route 27, Ste 105, Somerset, NJ 08873 to provide additional LSRP Services (1000 gallon waste oil UST—1345 Sussex Turnpike) for the period of April 6, 2017 - April 5, 2018.
  2. Envocare shall be compensated for a total contract amount not to exceed $12,575.
  3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
  4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
  5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
  6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
  7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 2017

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 for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 12-16, Remove Underground Storage Tanks, to award a contract to Envocare for additional LSRP services, per its proposal submitted to the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-974-301 (not to exceed $12,575)

12. Authorizing the Award of a Professional Services Agreement to Hawkins Delafield & Wood LLP for Bond Counsel Services for the Balance of the 2017 Calendar Year—at an Hourly Rate of $225.00 Per Hour

R-96-17

WHEREAS, the Township of Randolph (“Township”) requires Bond Counsel services for the balance of the 2017 calendar year through December 31, 2017; and

WHEREAS, the Qualified Purchasing Agent, has determined and certified in writing that the value of these services may exceed $17,500; and

WHEREAS, proposals were solicited from four firms; and

WHEREAS, all four firms submitted proposals and are listed below -

Hawkins Delafield & Wood LLP;
McManimon, Scotland & Baumann, LLC;
Waters, McPherson, McNeill, PC;
Wilentz, Goldman & Spitzer, PA; and

WHEREAS, all respondents were interviewed by the Township Manager, the Finance Director, and the Bond Counsel Work Group; and

WHEREAS, the Township has agreed to retain Hawkins Delafield & Wood LLP located at One Gateway Center, Newark, NJ 07102 to provide the necessary Bond Counsel services; and

WHEREAS, the hourly rate for these services is $225; and

WHEREAS, the anticipated term of this contract is for the balance of the 2017 calendar year through December 31, 2017; and

WHEREAS, the contract with Hawkins Delafield & Wood LLP was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Hawkins Delafield & Wood LLP has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Hawkins Delafield & Wood LLP has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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

  1. The Township hereby hires, employs and retains Hawkins Delafield & Wood LLP having an office at One Gateway Center, Newark, NJ 07102 to provide Bond Counsel services for the balance of the 2017 calendar year through December 31, 2017.
  2. Hawkins Delafield & Wood LLP shall be compensated at $225 per hour.
  3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
  4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
  5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
  6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
  7. This Resolution shall take effect immediately.

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 2017

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 for the Township of Randolph, have ascertained that funds will be available in the General, Water and Sewer Capital Funds to award a contract to Hawkins Delafield and Wood, LLP for bond counsel services, per its proposal

Darren Maloney
Chief Financial Officer
Budget Accounts: Various Capital Ordinances

13. Sussex Tpke. Water Main Replacement Rebid, Release of Contract Performance and Labor and Materials Payment Bonds and Acceptance of Maintenance Bond—Yannuzzi Group, Inc.

R-97-17

WHEREAS, The Yannuzzi Group, Inc was required to post Performance and Labor and Materials Payment bonds each in the amount of $899,135.10 to guarantee construction of the Sussex Turnpike Water Main Replacement—REBID project; and

WHEREAS, The Yannuzzi Group, Inc has satisfactorily completed all work associated with this contract; and

WHEREAS, the Randolph Township Engineering/W&S Administrator recommends that Performance and Labor and Materials Payment Bonds No. PB12048700048 issued by Philadelphia Indemnity Insurance Company in the amount of $899,135.10 be released and Maintenance Bond No. PB11727800010 issued by Philadelphia Indemnity Insurance Company in the amount of $76,026.66 be accepted to serve as the required Maintenance Bond for the project; and

WHEREAS, The Yannuzzi Group, Inc has reached a settlement agreement with Mt. Ventures , LLC/Mt Freedom Golf Center, for property damage which will be deducted from the final retainage payment of 103,240.84; and

WHEREAS, the settlement agreement amount of $12,000.00 to be paid to Mt. Ventures/Mt. Freedom Golf Center, will be deducted from the $103,240.84 final retainage payment, for a revised final retainage amount of $91,240.84 to be released to The Yannuzzi Group , LLC 135 Kinnelon Road., Suite 102 Kinnelon, N.J. 07405.

WHEREAS, the Randolph Township Engineering/W&S Administrator also recommends the release of the final retainage payment amount of $91,240.84.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that is recommended by Ralph Carchia, Engineering/W&S Administrator that above referenced bonds and retainage be released and accepted by the Township of Randolph.

14. Raffle License, Off-Premise Merchandise, Greek Orthodox Community Center of Randolph, 1447 Sussex Turnpike, Randolph, June 25, 2017 at 12:30 p.m.

15. Social Affairs Permit, St. Andrew Greek Orthodox Church, 1447 Sussex Turnpike, Randolph, (Greek Festival) on June 9 from 11:00 a.m. to 11:30 p.m.; June 10 from 12:00 p.m. to 11:30 p.m.; and June 11 from 12:00 p.m. to 8:00 p.m.

16. Raffle License, Off-Premise 50/50, Alpha Kappa Alpha Sorority, Inc., Pi Theta Omega Chapter of Morristown, NJ, at the Skylands, 792 Route 10 West, Randolph on October 22 from 5:00 p.m. to 9:00 p.m.

H. UPCOMING EVENTS

  1. Easter Egg Hunt at the Ironia Firehouse—Saturday, April 8th at 11:00 a.m.—rain date April 9th
  2. Morris County League of Municipalities Dinner (MCLOM) on April 19, 2017 at Morris County School of Technology—5:30 p.m.—Speaker Scott Moffitt, Superintendent of the Morris County School of Technology—Overview and Update of the School and Tour of the Facility
  3. Randolph Area Chamber of Commerce Monthly Networking Luncheon on Thursday, April 20, at LaStrada on Route 10 from 11:45 a.m. - 1:15 p.m.—“Keeping Your Business Safe from Fire”—Speaker Rich Briant
  4. Little League Parade/Opening Day—Saturday, April 22 at 10 a.m.
  5. Ironia Firehouse Pancake Breakfast on Sunday, April 23 at the Ironia Fire Company #4, 331 Dover Chester Road from 7:30 a.m. - 11:30 a.m.
  6. A Taste of Randolph—Monday, April 24 at the Mt. Freedom Firehouse from 6:00 p.m. to 9:00 p.m.
  7. Clean Communities Day and Document Shredding—Saturday, April 29 from 8:30 a.m. - 12 noon at the Municipal Building
  8. Bench Dedication—Commemorative Bench Donated by Morris Habitat for Humanity for 10th Anniversary of ReStore, May 9 at 6:00 p.m. (near soccer field)
  9. Habitat for Humanity, Hammer for Heroes on Saturday, June 3 from 9 a.m. to 2 p.m. at the ReStore, 274 South Salem St., Randolph
  10. Randolph Rock Star Event on Thursday, June 15

Councilwoman Veech asked that two Morris Chamber of Commerce events be added to the April 27th Council agenda, the Legislative Luncheon on May 2 and the Washington Update Breakfast on May 12.

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 02-17: An Ordinance Amending Chapter 10, Boards, Commissions, Committees and Agencies, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the Addition of Article XIX Establishing the Trails Advisory Committee

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE XIX ESTABLISHING THE TRAILS ADVISORY COMMITTEE” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance establishes a trails advisory committee.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE XIX ESTABLISHING THE TRAILS ADVISORY COMMITTEE” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to adopt the Ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance No. 03-17: Accepting the Dedication of a 50-Foot Wide Right-of-Way Over a 130,649 Square Foot (2.99 Acre) Portion of Block 52, Lot 2 & 3 on the Official Tax Map of the Township of Randolph from Hertz Homes, Inc. (Waterfall Drive)

BE IT RESOLVED, that an Ordinance entitled “ACCEPTING THE DEDICATION OF A 50-FOOT WIDE RIGHT-OF-WAY OVER A 130,649 SQUARE FOOT (2.99 ACRE) PORTION OF BLOCK 52, LOT 2 & 3 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM HERTZ HOMES, INC. (WATERFALL DRIVE)” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance is an acceptance of a roadway dedication for Waterfall Drive.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “ACCEPTING THE DEDICATION OF A 50-FOOT WIDE RIGHT-OF-WAY OVER A 130,649 SQUARE FOOT (2.99 ACRE) PORTION OF BLOCK 52, LOT 2 & 3 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM HERTZ HOMES, INC. (WATERFALL DRIVE)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to adopt the Ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

3. Ordinance No. 04-17: An Ordinance Amending Chapter 18, Finance and Taxation of the Revised Ordinances of the Township of Randolph by the Addition of Article V, Hotel and Motel Room Occupancy Tax

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 18, FINANCE AND TAXATION OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH BY THE ADDITION OF ARTICLE V, HOTEL AND MOTEL ROOM OCCUPANCY TAX” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance allows the township to establish a hotel/motel tax, allowing up to a 3% charge on rent for every room occupancy.

OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road asked if there were any hotels or motels in the township. Manager Mountain replied that there is not one currently; however, there is one approved by the Planning Board, and awaiting development.

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

Keli Gallo noted that once the ordinance is adopted, it must be forwarded to the state treasurer in order to become effective.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 18, FINANCE AND TAXATION OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH BY THE ADDITION OF ARTICLE V, HOTEL AND MOTEL ROOM OCCUPANCY TAX” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Napoliello made a motion to adopt the Ordinance. Deputy Mayor Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

J. ORDINANCES: INTRODUCTION

1. Ordinance No. 05-17 of the Township of Randolph Appropriating $335,000 from the Capital Improvement Fund to Purchase 565 Millbrook Avenue

Manager Mountain explained that the ordinance provides funding for the agreement established with the school district, for the acquisition of the property. There will be additional documents at the next meeting, including the finalization of the inter-local agreement, which will memorialize the agreement.

BE IT RESOLVED, that an Ordinance entitled “ORDINANCE NO. 05-17 OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $335,000 FROM THE CAPITAL IMPROVEMENT FUND TO PURCHASE 565 MILLBROOK AVENUE” 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 27th of April 2017 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.

Councilwoman Veech asked if there will no longer be taxes paid on that house; Manager Mountain replied that the taxes will go off the books. She also asked why the Board of Education pays the township over five years instead of paying it right away, and if they pay interest over the five years. Manager Mountain explained that it is structured as a five year payment in order to provide them the ability to raise the funds in their budget without needing a capital appropriation, and it allows them to do it more quickly than they would be approved to do on their own by the State Department of Education. They will pay interest over the five years; the interest rate will be set by the CD interest rate at each anniversary. He explained that this is a cash ordinance.

Councilman Guadagno made a motion to introduce the ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance No. 06-17: Amending Ordinance Nos. 16-09, 23-10, 12-11, 10-12, 14-12, 17-12, 09-13, 05-15, and 11-16 to Provide and Determine the Range of Compensation for the Specified Officers and Employees in the Township of Randolph

Manager Mountain explained that this is the annual salary ordinance which establishes the salary amounts for all employees, with the exception of those referenced within the ordinance.

BE IT RESOLVED, that an Ordinance entitled “AMENDING ORDINANCE NOS. 16-09, 23-10, 12-11, 10-12, 14-12, 17-12, 09-13, 05-15, AND 11-16 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR THE 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 27th of April 2017 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.

Councilwoman Veech made a motion to introduce the ordinance. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

K. DISCUSSION ITEMS

1. 2017 Road Improvement Program

Manager Mountain explained that the Council had in front of them the recommendations for the 2017 road overlay program. Also included in the documentation, there was a complete listing of the roads by rank order, as well as the roads listed in alphabetical order. The methodology used was similar to last year; the methodology has been fine tuned over the past few years. The infrastructure workgroup was concurrently reviewing the recommendations. He highlighted that all the recommended roads were broken down by cost; the capital budget amount is $1.2M. The estimated cost is conservative; like last year, if there are extra funds in the budget once the list is completed, other roads can be added. Manager Mountain explained the formula utilized for the ranking.

Councilman Guadagno encouraged the other Council members to visit the various roads. There was a discussion about painting white lines on the sides of some of the roads to give them the appearance of being narrower, with the intention of helping to control speeding.

Manager Mountain stated that Councilwoman Veech had asked about the County’s plan for roads beyond 2017. He explained that the County has a six year plan, but they only project one year out from the current year as to the roads they are planning. The Manager has the County’s plan for 2018, and it does not have any major roads planned in Randolph.

2. Time Change of June 15 Council Meeting

Mayor Carey explained that the Randolph Education Foundation moved their Rock Star event from November to June 15th. She asked if Council members would be agreeable to move the meeting to 5:30 p.m. in order to attend the Rock Star event later in the evening; Council members were agreeable.

L. OPEN TO THE PUBLIC

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

M. COUNCIL COMMENTS

Councilman Tkacs reported that he was approached by resident, Wayne Weisenbach, about litter along the sides of township roads Dover Chester, Quaker Church, and Route 10. He added that another resident who lives on South Salem Street also complained about litter at the Environmental and Landmarks Committee meeting. Per Manager Mountain, Councilman Tkacs advised Mr. Weisenbach to talk to Mark Caputo. Councilman Guadagno added that there’s often litter around Park Avenue and Righter Road. Councilwoman Veech asked if there was a program, such as SLAP (Sheriff’s Labor Assistance Program), through the sheriff’s office. Manager Mountain replied that there is a SLAP program; in addition to the Clean Communities Day, the township receives Clean Communities funds. The township maintains a list of areas in which litter is noticed by either staff or residents, and those are assigned on Saturdays to crews who go out to clean them. He felt that along Route 10 might be better served by the SLAP program. The Manager explained that the Council should inform him or Mark Caputo of any resident complaints so the particular area can be put on the list. There was a brief discussion about Blue Diamond, the contractor for trash removal, not picking up trash that falls out of residents’ containers when they dump them into the truck.

Councilman Guadagno reported that the retaining wall project is moving along. The wall at Heistein Park is going to be removed and regarded. He reported that the wall on the corner of Millbrook Avenue and Fords Road is very bad; Manager Mountain explained that the project has design money in the 2017 budget, and that the project will take place in 2018. In addition to the wall at Heistein Park, two walls on Everdale Road will be replaced this year.

Councilman Napoliello reported that April is Distracted Driver Awareness Month; the Police Department will be targeting distracted drivers.

Councilman Loveys reported that he attended the Wildlife Management Committee meeting. Darren Carney attended the meeting, and indicated several potential open space areas that the committee might want to consider for additional hunting areas. Two committee members will survey the areas and provide a recommendation to the committee. The final deer count is 128 culled this year; it is higher than last year, but lower than previous years. Russ Newman will be inviting a representative from the police department to the next Wildlife committee meeting to review any ongoing issues with the hunt. The general consensus from the committee is that the local deer population is down.

Councilman Loveys also reported that he attended the MAC meeting. The following items were discussed:

  • Dr. Maryalice Thomas, from Randolph High School, coordinated a program, “Keeping Up With Your Kids.” They were happy with the number of attendees, which was about 50. The Prosecutor and the Assistant Prosecutor were both part of the presentation. He received positive feedback about the program. Councilman Loveys reported that MAC Chairperson, Liz Ritter, brought a suggestion to the committee about signs along the road that she saw in another town. The signs were small, and in the town’s colors, they read something like, “In our town, 21 means 21, thank you for not providing alcohol.” They were posted throughout the town. There was some consensus at the MAC meeting, for Councilman Loveys to bring the idea to the Manager and Council, for future discussion.
  • There was a parent presentation at the YMCA, “15 Minute Child Break.” It is a program with the message for parents to spend 15 minutes per day talking with their child. The staff at the YMCA was pleased with the turnout, and the MAC had a table at the event to distribute with handouts; approximately 25-30 parents attended.
  • One year ago the County began a program called “Stigma Free.” The County passed a resolution designating Morris County as a stigma free community. They would like to see municipalities join the program; to date, 13 municipalities have joined. The idea is to change the culture as related to substance abuse and mental health issues; people have been afraid to seek help leading to recovery. A stigma free community is one that supports people who have these issues without stigmatizing them; therefore, they can seek help. He stated that he wants to read more about the program, but thinks it may be something to consider in order to be on the forefront of the initiative. It will be discussed more at an upcoming MAC meeting, and he will report back to the Council.
  • Since Officer Gould left the township, Officer Biase is now the police liaison. He will be attending a workshop at a high school where they’re training officers to act as health educators.

Councilman Guadagno stated that he thought the stigma free program is good, but he felt the caregivers for those with mental health issues also need support. Councilman Loveys agreed, and added that it is necessary to spread the word. Due to the opioid epidemic, Sheriff Gannon has committed to a program called, “Hope One,” which has a truck that will be driven to communities in the county to help fight addiction.

Councilman Guadagno again stated that he feels strongly that Randolph should have a drug disposal box in the police department. Manager Mountain replied that there have been discussions regarding such a box. He explained that there are requirements which need to be met, such as 24 hour observation of the box. There was discussion about other towns and the potential for Randolph to have such a box.

Councilwoman Veech asked if emergency defibrillators could be placed on the main floor in the municipal building and at the Community Center. Manager Mountain replied that both were in the works.

Deputy Mayor Forstenhausler reported that he attended an event at the Raritan Business Center. A Junior Achievement Building was set up like a small community; he swore in the acting Mayor and Deputy Mayor of Junior Achievement Biztown, which was the fifth grade class at Shongum School. He provided details of the program.

Deputy Mayor Forstenhausler reported that he attended the Infrastructure Subcommittee with Councilmen Napoliello and Guadagno.

Deputy Mayor Forstenhausler also reported that he was late due to attending the One Act Play Festival at the high school.

Mayor Carey reported that she, Manager Mountain, and Donna Luciani met at the Randolph Museum with Gail Hari from the Historical Society. The Manager and Donna updated Gail with the projects and maintenance going on at the museum.

Mayor Carey also reported that she attended the DOT meeting; she felt it was a very positive meeting. She felt the new project manager had a fresh perspective, and was open to suggestions.

Mayor Carey met with four eighth grade boy scouts who are working on their Citizenship in the Community Badge; they needed to meet with the mayor and interview her. They also attended the Planning Board meeting.

Mayor Carey attended the comedy show at the Randolph Diner hosted by the Lions Club. She reported that it was very well attended, and it was a good show.

N. 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 Executive portion of the meeting.

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

Discussion of Community Volunteer of the Year

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 will reconvene in public session for the purpose of taking formal action.

Councilman Guadagno made a motion to move into Executive Session at 9:10 p.m. Deputy Mayor Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to close the Executive Session at 9:20 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

O. ADJOURNMENT

Deputy Mayor Forstenhausler made a motion to adjourn the meeting at 9:20 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None