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

Minutes: August 30, 2011

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Deputy Mayor Guadagno. 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 8, 2010, by emailing them the annual resolution adopted by the Council on December 7, 2010. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 16, 2010.

PRESENT:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Guadagno

ABSENT:
Councilman Obremski
Mayor Mitsch

Also Present: Township Manager John Lovell and Township Attorney Edward Buzak

Deputy Mayor Guadagno led the Pledge of Allegiance.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Manager Lovell’s comments regarding Hurricane Irene included the following:

The Township began preparations for the storm early in the week
Catch basins were cleaned, barricades in flood-prone areas were pre-positioned, assignments were issued to stand-by crews, and information was coordinated between the fire, rescue and police
JCP&L was contacted to see how the Township would be kept updated throughout the storm
Councilman Obremski and the Office of Emergency Management in Morris County were very helpful throughout the storm
Morris County was advised that they should expect little or no help from the state because resources were being directed to other areas in the state anticipated to be hit harder by the storm
The Recycling Center was closed on Sunday and would be open instead on Monday and Tuesday
Branch collection was started in the days after the storm to assist the residents with clean up
The web site was updated prior to the storm to alert residents of steps being taken in anticipation of the storm
It was estimated that 10 inches of rain fell as a result of the hurricane
Flooding exceeded expectations in certain areas of the township that had not flooded previously
Calls for assistance starting coming in during Saturday evening and the appropriate personnel or entity responded
Shongum Lake fared well as it was drained by about 2 inches prior to the storm—the lake did overflow its emergency spillway early Sunday morning but was soon contained within the confines of the dam by Sunday afternoon and Shongum Road was re-opened
Power lines were taken down around the township
Calls for pumping water out of basements started early Sunday morning
As of this meeting the fire companies have probably pumped approximately 100 homes and were still pumping
Residents can find a link to JCP&L on the town web site for an interactive map to get a feel for the extent of power outages within Randolph and throughout the state
At this time JCP&L is unable to provide specific answers as to when power will be restored to all customers
Several local roads, or portions thereof, remain closed at this time while crews work to remove downed limbs
Garbage collection rules have been relaxed for a while to allow residents to discard of damaged items
The Manager recognized Bill Wagner, Randolph’s OEM Coordinator, for all of his efforts in keeping people informed, coordinating various groups and activities, and for collecting all the pertinent data and submitting that information to the OEM for reimbursement
Personnel from Public Works responded in the early hours of Sunday morning when several of the pump stations were impacted to keep those operations running without incident
Randolph’s Police Chief and the fire department were very helpful in coordinating activities
Fire stations were prepared as a haven residents could go to for transport to a shelter if necessary

Councilman Napoliello commended the fire companies for the assistance they provided to residents by pumping out flooded basements and homes. The Councilman reported that plans for the Country Fair were moving along nicely for the October 1 event.

Councilman MacArthur attended a recent Recreation Committee meeting where discussion focused on the issue of overlapping sports programs. The Recreation Committee has designated one or two primary sports for every season. While it is not mandatory, every child from sixth grade and up who enrolls in the sports programs will be encouraged to choose only one primary sport during that particular season. The various coaches are expected to understand that the primary sport trumps secondary sports and players should no longer be penalized for missing practice for a primary sport activity. The Councilman would like to see the issue of islands within the township on a future agenda for further discussion. He did note that an island on Ash Lane which was initially refurbished by the township has been taken over and landscaped by the neighborhood.

Councilman Loveys reminded the Council of a tree and bench dedication on October 11. The Councilman thanked the staff and volunteers for their efforts during Hurricane Irene.

Councilwoman Veech attended the recent Safety Meeting and was impressed with what she learned while at her first meeting. At the meeting reports were discussed that showed all employees are following safety precautions in an effort to keep accidents at bay. Through the JIF, several monthly safety meetings are offered and all employees will be encouraged to attend the appropriate courses. There was discussion on the issue of whether or not to initiate a policy allowing employees to wear shorts in the workplace. The Safety Committee determined that if the temperature reaches 90 degrees or higher, an employee could wear shorts after receiving approval from their supervisor.

Deputy Mayor Guadagno reported that the Landmarks Committee is still working on plans to offer a house tour in Randolph. The Deputy Mayor stated that the RVRSA reported 56,000,000 gallons today as opposed to the normal capacity of 12,000,000 gallons. Deputy Mayor Guadagno suggested revisiting the leaf and branch collection programs in the near future due to the $30,000.00 increase for leaf collection this year.

APPROVAL OF COUNCIL MEETING MINUTES FROM 2011:

(1) Regular Meeting Minutes

a. May 26, 2011

Councilman MacArthur made a motion to approve the minutes as presented. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Deputy Mayor Guadagno

NAYS: None

ABSTAIN: Councilwoman Veech

ABSENT:
Councilman Obremski
Mayor Mitsch

b. June 2, 2011

Councilman Loveys made a motion to approve the minutes as presented. Councilman MacArthur seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello

NAYS: None

ABSTAIN:
Councilwoman Veech
Deputy Mayor Guadagno

ABSENT:
Councilman Obremski
Mayor Mitsch

c. June 28, 2011

Councilman Loveys made a motion to approve the minutes as presented. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Deputy Mayor Guadagno

NAYS: None

ABSTAIN:
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech

ABSENT:
Councilman Obremski
Mayor Mitsch

d. July 7, 2011

Councilman Napoliello made a motion to approve the minutes as presented. Councilman MacArthur seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Deputy Mayor Guadagno

NAYS: None

ABSTAIN: Councilwoman Veech

ABSENT:
Councilman Obremski
Mayor Mitsch

(2) Executive Meeting Minutes

a. May 26, 2011

Councilman Napoliello made a motion to approve the minutes as presented. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Deputy Mayor Guadagno

NAYS: None

ABSTAIN: Councilwoman Veech

ABSENT:
Councilman Obremski
Mayor Mitsch

b. June 28, 2011

Councilman Loveys made a motion to approve the minutes as presented. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Deputy Mayor Guadagno

NAYS: None

ABSTAIN:
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech

ABSENT:
Councilman Obremski
Mayor Mitsch

DISCUSSION ITEMS

A. October 4 Meeting Conflict

Manager Lovell noted that there is a conflict on October 4 with the Middle School Back to School Night. October 4 was also scheduled as the night to recognize former Councilmember Gary Algeier and it is anticipated that there will be a large turnout for that event, therefore parking at the municipal complex will be very difficult. The Manager asked the Council to choose an alternate date for the Council meeting.

The Council decided to keep the Council meeting on October 4, however the meeting will begin at 6:00 p.m. with the recognition of Gary Algeier followed immediately by the regular meeting and will be advertised as such.

B. September 11 Memorial Ceremonies

Manager Lovell reported that several functions have been planned, including:

A flag-lowering ceremony on September 9 at 3:30 p.m. at Town Hall
The local VFW will host a function on September 11 at 12:30 p.m.
A moment of silence will be observed at 1:00 p.m. followed by the sounding of sirens across the state

C. Best Practices Checklist

Manager Lovell stated that the Council has been provided with a copy of the Best Practices Checklist as well as his comments regarding the list. There are a couple of areas in which Randolph is not complying with the list. In some cases the list was modified by the state and the municipalities were not given notice of the modification. In other areas, Randolph is already exceeding what the state requires. Those checkpoints and the Manager’s response include the following:

The checklist asks that municipalities adopt a model ordinance regarding pay-to-play

Randolph currently complies with the state statutes regarding pay-to-play, however the model ordinance goes above and beyond the statutory requirements

The checklist asks whether computer information is backed up regularly and if that data is stored off-site with a minimum distance of five miles

Randolph backs up computer information each evening, however currently the information is not stored off-site. The Manager is considering asking the Board of Education to institute a policy whereby each would store information at the other’s site, however this would still not be in compliance with the five mile requirement

The checklist asks if the municipality requires elected officials to attend basic courses regarding the responsibilities and obligations of local government

Randolph does not require by resolution that elected officials attend courses, however newly elected officials are provided information on courses offered by the League of Municipalities and attend voluntarily. The Manager can bring Randolph into compliance with this issue by drafting a simply policy resolution.

The checklist asks if contracts for services for pay-to-play over the $17,500.00 threshold are awarded using bids for a fair and open process

Randolph already complies with the state statutes for pay-to-play. These requirements again go above and beyond what the statute requires. Compliance with this item would affect a number of positions.

The checklist asks if Randolph requires firefighters to go through an annual heart screening

Randolph does not require annual heart screening in that the squad is made up of volunteers. There is a very real cost associated with the annual screening that is not paid by the state. It is unclear at this time whether the language regarding this issue encompasses volunteers as well as paid firefighters. There is a sense that the language was put together by the firefighters union and adopted by the state in an effort to eradicate volunteer firefighters within New Jersey.

The checklist asks if the municipality posts three years of salary information on the web site

At this time Randolph does not post such information on the web site. This item is new to the checklist this year and Randolph would have had the information posted had they been made aware of it. This information will be posted as part of the next budget process going forward.

The checklist asks if the Council votes officially on retirement packages for employees

The Council does not vote on retirement packages. The Council approves the contracts and the Personnel Policy Manual which spell out retirement numbers and how they are calculated for all staff upon retirement. There are no individually approved employee retirement packages since all of the information is included in their contract and the Personnel Policy Manual.

The Manager stated that state aid is determined by this checklist. He noted that the State of New Jersey is still in the process of developing these best practices, therefore the checklist has changed rather significantly from last year and is likely to change again as the system evolves.

Councilman Loveys asked what position Randolph is in regarding the checklist and state aid.

Manager Lovell responded that Randolph will receive full state aid.

Deputy Mayor Guadagno suggested the Manager research internet companies that would be able to store the backup data collected each evening in order to comply next year with the checklist item regarding that issue.

Mr. Buzak provided information regarding the pay-to-play item on the Best Practices Checklist. His comments included the following:

He has been involved with pay-to-play since its inception in 2004 with the League of Municipalities as the Associate Counsel and is very familiar with the process
The state’s model ordinance is significantly different from what pay-to-play is now
He has prepared a chart which compares the model ordinance proposed by the state with what is required under the state statute
There are different aspects to the state statute
The first aspect is prohibitions—if there is a violation of the requirements and the Council is unable to award a contract to that individual professional
The other aspect is disclosure (transparency)—the professional is required under the state statute to make certain disclosures to the municipality and to the state which is available to the public
Disclosure is essentially campaign contributions
Campaign contributions do not necessarily mean being prohibited from receiving a contract
Pay-to-play is extremely complicated because there are different terms used that are defined administratively and the statute has been refined since 2004 to the point where people understand how it is interpreted and what to do
Pay-to-play essentially prohibits the award of a contract that is not done in a bid situation or a fair and open process
If a reportable contribution of over $300.00 is made in any given election cycle by a professional receiving a contract from the state, that professional is precluded from being awarded that contract to provide professional services
There are also prohibitions with regard to County Committees
There are no prohibitions in the state statute with regard to PACs
The model ordinance goes several steps beyond the state statute and complicates the issue for professionals and does not effectively accomplish the objective, which is essentially a professional buying a job through campaign contributions
The ordinance drafted by Mr. Buzak is not the model ordinance provided by the state but instead essentially codifies the state statutes—it reiterates what Randolph is already in compliance with through that statute
The Best Practices Manual does not require a municipality to adopt the model ordinance—it simply asks if a pay-to-play ordinance is in place
It is Mr. Buzak’s recommendation the Council adopt the ordinance he has drafted that mirrors the state statutes and not adopt the model ordinance
Adoption of his proposed ordinance would bring Randolph into compliance with that area of the Best Practices Checklist
Mr. Buzak emphasized that Randolph does not rely on political contributions when awarding contracts for professional services but rather awards those contracts based upon the professional’s qualifications

Manager Lovell stated that the proposed ordinance drafted by Mr. Buzak will be ready for introduction at the next Council meeting.

D. Update of Library/Community Center Projects

Manager Lovell stated that the contractor was ordered to restart the site plan work on Monday, August 22. The contractor then indicated that with the rain he would not be at the site until Wednesday, August 24, however he again did not show up at the site. The contractor then indicated he would be at the site Monday, August 29 but was unable to make it since he could not get his vehicle out of his driveway and indicated he would be at the site on Wednesday, August 31. If the contractor does not appear at the site on August 31, the Manager has directed that the Township Engineer and Township Attorney draft a letter putting the bond company on notice that Randolph will be pulling the bond for this project. As an aside, the Manager noted that the contractor has submitted a change order for $5,000.00 due to construction delays. This delay has caused a second contractor to have to wait to begin excavating for the expansion of the Community Center and work at the Library. There is a very high level of frustration among the Manager and staff and there is the sense that Randolph has no alternative but to begin proceeding with the bond company.

E. Outdoor Dining: B-2, B-2 ENV, B-4 Business Zones

Manager Lovell expressed to the Council that he, Ms. Gallo, and Mr. Carney worked extensively on this issue and still could not resolve all of the problems associated with it. It is their sense that an ordinance should be adopted to at least get something on the books that will work in most cases. Some of the restaurants that have been in town for a number of years, for example the Dairy Queen, would still not be in compliance. However having an ordinance in place that permits outdoor dining will allow them to come before the Planning Board to seek a variance and will provide the Planning Board and Board of Adjustment with a document with which to measure outdoor dining issues.

Mr. Carney noted that this proposed ordinance is similar to the ordinance approved by the Council for the B-1 zone. The main difference is the limit of 16 seats or 20 percent of indoor seating, a limit in regard to the seasonal service of ice cream, and hours of outdoor dining operation along a major arterial.

Councilman Loveys asked about the rationale behind the ordinance stating 16 seats or 20 percent of indoor dining.

Mr. Carney responded that if a small establishment has no indoor seating, this ordinance would give them the ability to place 16 seats for outside dining for limited service.

Councilman Loveys asked if The Black River Barn will have to come before the Planning Board for a variance since their outdoor dining does not face a major arterial but is instead located on the side of the building by the lake.

Manager Lovell responded that it is his sense that businesses such as the Barn will be captured as they come in for other issues before the board and this issue will be remedied at that time.

Councilwoman Veech asked if the Barn would have to come before the Planning Board once the ordinance is adopted.

Mr. Buzak responded that in order to comply, the Barn would have to come before the Planning Board once the ordinance is adopted.

Manager Lovell stated that Randolph tries to be fair and reasonable when issuing summonses. The Barn has never been approved for outdoor dining and will need to get that part of their site plan approved. When they are in front of the Planning Board on that issue, they can work to resolve the issue regarding operating hours for outdoor dining.

Councilman MacArthur why the B-3 zone, the VCC zone, the LVC zone, and the SS/VO zones were excluded from this ordinance.

Mr. Carney responded that the VCC zone already specifically permits outdoor dining. Mr. Carney will check on whether outdoor dining is permitted in the LVC zone.

Councilman MacArthur asked that Mr. Carney review the ordinance before it is introduced to ensure an area is not being excluded that may benefit from the ordinance.

Manager Lovell suggested that the area located around the K-Mart is an area in need of a general upgrade and it is his belief that that zone should be addressed in a very comprehensive fashion to create an opportunity for a renaissance.

Councilman MacArthur suggested that, unless there is a specific reason for the separate requirements in the LVC and VCC zones and in view of the fact that this proposed ordinance has already gotten a lot of Council attention, perhaps one set of requirements should apply to all areas of the town except for the B-1 zone.

Mr. Carney responded that he would need to review the exact language in VCC and LVC zones. However, the problem is that the B zones specifically prohibit outdoor dining and that is why the Mt. Freedom area was not included in this ordinance and how the language was done. Mt. Freedom does allow outdoor dining.

Councilman MacArthur stated that if there is an opportunity to clean up the language for the sake of clarity he thinks it would be worthwhile to do so. However, if the staff returns and states that it may cause more problems, then the Councilman believes enough time has been spent on this ordinance and the Council should then move forward.

Manager Lovell stated that the ordinance should be ready for introduction on October 4 with the hearing and adoption in November.

Councilman Loveys stated that he doesn’t fully understand Councilman MacArthur’s desire to incorporate the VCC and LVC zones into the proposed ordinance since outdoor dining is already allowed there. Incorporating those zones may ultimately have a negative impact on establishments now enjoying outdoor dining. The Councilman would prefer leaving the proposed ordinance as it is and to address an issue in those other zones only if it becomes necessary at some point.

Councilman MacArthur stated that he would be willing to have the proposed ordinance move forward as it is.

F. Clyde Potts Watershed—Deer Hunt

Manager Lovell stated that he is seeking Council approval to renew the relationship with the Mendham Township Wildlife Management Committee, the group that has been conducting shot gun hunting each year. Several Randolph residents are currently a part of this group. The issue has been reviewed by the Deer Hunt Advisory Committee and their recommendation is that the hunt be allowed once again this year. The area known as Clyde Potts will be open to bow hunters in October and November and to shot gun hunting in December, January and February with the goal being to try to get the deer herd under control.

G. Stony Brook Day Camp Lease

Manager Lovell stated that the Council was provided with a copy of a memorandum from 2010 and the lease agreement with Mr. Black. Mr. Black is looking for a long term lease extension to allow him to make some major capital improvements to the site. Mr. Black’s perspective is that he does not want to make the improvements unless he has a guarantee that he will be able to benefit from them. Mr. Black has offered to the township ownership of a house that sits on the property in exchange for a long term lease extension. The house is positioned in such a way as to be integral to the camp. However, the Manager has been approached by a resident who operates two other camps in other municipalities who is interested on bidding on the lease the next time it comes up for bid. Randolph could possibly benefit and get a greater value for the property by going back out to the market. The Manager stated that he has never been fully comfortable with the idea of transferring the house to the township and entering into a 20 year agreement because there is no guarantee that Mr. Black won’t change his mind in a few years and sell the camp and dissolve his interest in the business. The Manager would suggest going back out to the open market. He has indicated to Mr. Black that he will bring his proposal to the Council and try to arrive at a definitive decision one way or another so that Mr. Black can plan accordingly.

Deputy Mayor Guadagno expressed his opinion that the functions of house as they relate to the operation of the camp could be recreated relatively inexpensively through the construction of a cabin at the site. The Deputy Mayor would not be in favor of transferring ownership of the house to the township and would prefer going back out to bid in the open market.

Councilman Loveys agreed that the township does not need to go through with the cost of maintenance and upkeep for the house.

Councilman MacArthur has not yet decided on whether or not to go out to bid on the lease. However, if the township was able to gain control of the house as a part of the next lease with the understanding that the lease is for a little longer length of time, perhaps that would be worthwhile looking in to.

Manager Lovell reminded the Council that Mr. Black is asking for a 20 year lease extension.

Councilman MacArthur responded that he agrees that a 20 year lease is too long, however if Mr. Black were willing to agree to a 10 or 12 year lease where Randolph owned the house at the end of that time, an agreement may be worth exploring.

Councilwoman Veech stated that she believes that the township is losing a lot of money with the current lease agreement and that it should go to the open market for bid when the lease expires next year.

Deputy Mayor Guadagno stated that allowing Mr. Black to enter into a long term agreement with the township would be unfair in that it prevents other interested parties from being able to bid on the camp.

Manager Lovell noted that Mr. Black has never provided the Council with specific plans for the camp. He suggested that Mr. Black be directed to provide specific plans to the Council regarding improvements to the site.

Councilwoman Veech countered that other interested parties should also be allowed to present their own creative ideas for the site so that the Council is fully informed.

Manager Lovell reminded the Council that Mr. Black has never offered specifics regarding his plans. The Manager suggested the Council not reject Mr. Black’s proposal outright but rather to invite him to present his final best offer and then at that time the Council will make a final decision on whether or not to accept that offer.

Councilwoman Veech agreed that Mr. Black should definitively present his proposals along with any other interested parties in order to determine what would be best for the township.

Mr. Buzak cautioned that if the Council is not interested in obtaining the house on the property, then negotiations with Mr. Black or any other interested party becomes moot since the bidding process is done through sealed bids. Only if the Council were interested in obtaining the house could the option of negotiation come into play.

Manager Lovell stated that he will request that Mr. Black present to the Council his final best offer in order to allow the Council to make a final decision of whether or not to agree to a long term lease extension or to go out to the general market when the lease expires in two years.

H. E.A. Porter/Habitat for Humanity Housing

Manager Lovell noted that there are environmental problems associated with the E.A. Porter site. At this time there is no approved use for that site and the building is in demolition. Associated with that demolition is property remediation for an estimated cost of approximately $600,000.00. Funds set aside for COAH housing in the township’s Developers Fund are being used to pay for this process. The township has entered into an agreement with Habitat for Humanity to develop 25 low and moderate income units on that site that would be deed restricted to help meet Randolph’s COAH obligations. Randolph has also used funds from a Morris County Open Space Grant to purchase land extending from E.A. Porter to South Salem Street which will create a greenway for a path.

Councilman MacArthur stated that he had looked at the finance numbers associated with this project and asked whether or not this property should be placed back on the market.

Manager Lovell noted that the property can not be placed on the market as it is due to its contaminated state. The Manager also reminded the Council that, while COAH may no longer be a relevant entity in the state, the issue of affordable housing is one that will not go away and that the state may in 2012 start to appropriate unused affordable housing funds that are not dedicated to a specific project.

Councilman MacArthur asked where the project is currently.

Manager Lovell responded that Randolph is going through the process of seeking approvals from the DEP for remediation at the site.

Councilman MacArthur asked if the funds set aside for this project will be protected since there is a planned use for them.

Mr. Buzak responded that, although he is unsure, he believes the funds would be protected.

Manager Lovell added that the Memorandum of Understanding with Habitat for Humanity would provide a level of protection since it was approved by COAH.

COMBINED ACTION ITEMS

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

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Guadagno

NAYS: None

ABSENT:
Councilman Obremski
Mayor Mitsch

A. Joining the National Moment of Remembrance of the 10th Anniversary of September 11, 2001

R-215-11

WHEREAS, the governing body of Randolph Township expresses their support of the United State’s Senate regarding coming together as a Nation and ceasing all work or other activity for a moment of remembrance beginning at 1:00 p.m. Eastern Daylight Time on September 11, 2011, in honor of the 10th anniversary of the terrorist attacks committed against the United States on September 11, 2001; and

WHEREAS, at 8:46 a.m. on September 11, 2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; and

WHEREAS, 17 minutes later at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Tower of the World Trade Center; and

WHEREAS, at 9:37 a.m. the west wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters of the Department of Defense; and

WHEREAS, at approximately 10:00 a.m. the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and, in doing so, gave their lives to save countless others; and

WHEREAS, nearly 3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; and

WHEREAS, tens of thousands of individuals narrowly escaped the attacks at the Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed; and

WHEREAS, countless fire departments, police departments, first responders, governmental officials, workers, emergency medical personnel, and volunteers responded immediately and heroically to those horrific events; and

WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response agency in United States history; and

WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; and

WHEREAS, the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; and

WHEREAS, the impact of that day on public health continues through 2011, as nearly 90,000 people are at risk of or suffering from negative health effects as a result of the events of September 11, 2001, including 14,000 workers and 2,400 community residents who are sick, and tens of thousands of others whose health is being monitored; and

WHEREAS, 10 years later, the people of the United States and people around the world continue to mourn the tremendous loss of innocent life on that fateful day; and

WHEREAS, 10 years later, thousands of men and women in the United States Armed Forces remain in harm’s way defending the United States against those who seek to threaten the United States; and

WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people of the United States are with all of the victims of the events of September 11, 2001, and their families; and

WHEREAS, the lives of Americans were changed forever on September 11, 2001, when events threatened the American way of life; and

WHEREAS, in 2009 Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act (Public Law 111-13; 123 Stat. 1460); and

WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 (74 Fed. Reg. 47045) and Proclamation 8559 (75 Fed. Reg. 56463) proclaiming September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and

WHEREAS, September 11th will never, and should never, be just another day in the hearts and minds of all people of the United States;

NOW, THEREFORE, BE IT RESOLVED that the governing body of the Township of Randolph:

Recognizes September 11, 2011, as a day of solemn commemoration of the events of September 11, 2001, and a day to come together as a Nation; and
Offers its deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001, terrorist attacks; and
Honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, State and Local Officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives; and
Recognizes the valiant service, actions, and sacrifices of United States personnel, including members of the United States Armed Forces, the United States Intelligence Agencies, the United States Diplomatic Service, Homeland Security and law enforcement personnel, and their families, who have given so much, including their lives and well-being, to support the cause of freedom and defend the security of the United States; and
Reaffirms that the people of the United States will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States; and

BE IT FURTHER RESOLVED that on the 10th anniversary of this tragic day in United States history the governing body of the Township of Randolph calls upon all of the people and institutions of the United States to observe a moment of remembrance on September 11, 2011, including (i) media outlets; (ii) houses of worship; (iii) military organizations; (iv) veterans organizations; (v) airlines; (vi) airports; (vii) railroads; (viii) sports teams; (ix) the Federal Government; (x) State and local governments; (xi) police, fire, and other public institutions; (xii) educational institutions; (xiii) businesses; and (xiv) other public and private institutions.

BE IT FURTHER RESOLVED that the governing body of Randolph Township encourages the observance of the moment of remembrance to last for 1 minute beginning at 1:00 p.m. Eastern Daylight Time by, to the maximum extent practicable, ceasing all work or other activity and marking the moment in an appropriate manner, including by ringing bells, blowing whistles, or sounding sirens.

B. Professional Services Agreement: Law Office of Robert Woodruff—Township Prosecutor—$10,613.00

R-216-11

WHEREAS, the Township of Randolph has a need to acquire the Law Office of Robert Woodruff pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, The Law Office of Robert Woodruff has indicated they will provide the Township Prosecutor Services for an amount not to exceed $10,163.00 plus special sessions at $500.00 per session plus $135.00 per hour for sessions in excess of four hours not exceeding $4,000.00; and

WHEREAS, The Law Office of Robert Woodruff has completed and submitted a Business Entity Disclosure Certification which certifies that The Law Office of Robert Woodruff has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit The Law Office of Robert Woodruff from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with the Law Office of Robert Woodruff as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 30, 2011

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2011 Budget, Prosecutor, O.E., to award a contract to the Law Office of Robert Woodruff for Township Prosecutor Services in the amount not to exceed $10,163.00 plus $3,000.00 for special sessions.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Professional Services Agreement: The Buzak Law Group—Scott Bailey v. Township of Randolph—$26,861.25

R-217-11

WHEREAS, the Township of Randolph has a need to acquire The Buzak Law Group pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, The Buzak Law Group has indicated they will provide the Legal Services regarding Scott Bailey et al v. Randolph Township et al for an amount not to exceed $26,861.25; and

WHEREAS, The Buzak Law Group has completed and submitted a Business Entity Disclosure Certification which certifies that The Buzak Law Group has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit The Buzak Law Group from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 30, 2011

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2011 Budget, Legal, O.E., to award a contract to The Buzak Law Group for Legal Services regarding Scott Bailey vs. Randolph Township in the amount not to exceed $26,861.25.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Refund Fee for Reserving Field and Lights at Freedom Park to Ed Andrews—$400.00

R-218-11

WHEREAS, Edwin Andrews reserved a field and lights at Freedom Park and paid the lighting fee of $400.00; and

WHEREAS, their group was not able to utilize field lights due to vandalism at the park.

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 $400.00 be refunded to Ed Andrews, 42 Timberline Drive, Sparta, NJ 07871.

E. Refund Tax Overpayment to Brian and Diana Rogers at 54 Ironia Road—$7,917.29

R-219-11

WHEREAS, Brian and Diana Rogers have overpaid 2011 taxes by reason of Tax Exempt Veteran in the amount of $7,917.29 on Block 38, Lot 5, 54 Ironia Road; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

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 the overpayment of $7,917.29 to Brain and Diana Rogers.

F. Refund Tax Overpayment to Wesley White, 11 South Road—$374.69

R-220-11

WHEREAS, Wesley White has overpaid 2011 taxes in the amount of $374.69 on Block 38.01, Lot 21, 11 South Road; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

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 the overpayment of $374.69 to Wesley White.

G. Refund Tax Overpayment to Estate of Norma Miller, 26 Carrell Road—$211.49

R-221-11

WHEREAS, the Estate of Norma Miller has overpaid 2011 taxes in the amount of $211.49 on Block 86, Lot 7.02, 26 Carrell Road; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

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 the overpayment of $211.49 to the Estate of Norma Miller.

H. Re-Assignment of MCCPC Contract #11 to Lubenet LLC for Various Categories Originally Awarded to Lubricants Network, Inc.

R-222-11

WHEREAS, on November 30, 2010, the Randolph Township Council awarded a portion of a contract on behalf of the Morris County Cooperative Pricing Council to Lubricants Network, Incorporated of Atlantic Beach, New York, for Categories B, E, H, I, J, K, M, N & P under MCCPC Contract #11 (Motor Oils) for the contract period January 1, 2011 to December 31, 2011; and

WHEREAS, notice has been received that Lubricants Network, Incorporated has been taken over by another firm (Lubenet, LLC of Brooklyn, New York); and

WHEREAS, Lubenet, LLC of Brooklyn, New York, has agreed to take over that portion of MCCPC Contract #11 (Motor Oils) for Categories B, E, H, I, J, K, M, N & P for the duration of the contract period expiring December 31, 2011.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the re-assignment of the new contractor (Lubenet, LLC) of Brooklyn, New York, for Categories B, E, H, I, J, K, M. N & P of MCCPC Contract #11 (Motor Oils) expiring December 31, 2011.

I. Refund of Senior Legion Baseball Fees to Anne Sacco—$375.00

R-223-11

WHEREAS, Anne Sacco registered her child for the 2011 Senior Legion Baseball Program and paid the fee of $375.00; and

WHEREAS, the child will not be playing due to medical reasons.

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 $375.00 be refunded to Anne Sacco, 22 Leigh Court, Randolph, New Jersey 07869.

J. Renew Membership and Authorization to Continue Operation of the MCCPC as the “Lead Agency” on Behalf of its Members From October 1, 2011 - September 30, 2016

R-224-11

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

The Township of Randolph be authorized to renew its membership and continue the operation of the Morris County Cooperative Pricing Council (MCCPC), Identification Code #6-MOCCP, on behalf of the membership as the “Lead Agency” for an additional five (5) year period effective October 1, 2011, and expiring September 30, 2016, unless the Township of Randolph and the Division of Local Government Services elects to withdraw.

K. Authorizing Grant Application for 2011 NJDOT Municipal Aid, Bikeway and Safe Streets Program—Milling and Overlay of Quaker Church Road From Center Grove to South Morris

R-225-11

WHEREAS, there is a need for road repair on Quaker Church Road in the section between Center Grove Road to South Morris Street; and

WHEREAS, it would be in the best interest of Randolph Township to apply for the 2011 NJ DOT Municipal Aid, Bikeway and Safe Street Grant for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign the grant application.

L. Authorizing Grant Application for 2011 NJDOT Municipal Aid, Bikeway and Safe Streets Program—Milling and Overlay of Franklin Road From South Salem Road to Denville Township Border

R-226-11

WHEREAS, there is a need for road repair on Franklin Road in the section between South Salem Road to the Denville border; and

WHEREAS, it would be in the best interest of Randolph Township to apply for the 2011 NJ DOT Municipal Aid, Bikeway and Safe Street Grant for this purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to sign the grant application.

M. Authorizing Grant Application for 2011 NJDOT Municipal Aid, Bikeway and Safe Streets Program—Constructing the West Morris Greenway Trail in Concert with the Morris County Park Commission and Roxbury Township

R-227-11

WHEREAS, there is a desire to construct the West Morris Greenway Trail in concert with the Morris County Park Commission and Roxbury Township; and

WHEREAS, it would be in the best interest of Randolph Township to apply for the 2011 NJ DOT Municipal Aid, Bikeway and Safe Street Grant for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign the grant application.

N. Refund Tree Bond to Cain W. Abbott, Block 199.01, Lot 34.04—$1,000.00

R-228-11

WHEREAS, the Planning and Zoning Department received a tree bond posted by Rayna Regenthal for Block 199.01, Lot 34.09, in the amount of $1,000.00; and

WHEREAS, all of the requirements have been met and completed.

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 Darren Carney, Planning and Zoning Administrator, that the tree bond in the amount of $1,000.00 be refunded to Rayna Regenthal, 3 Old Wood Lane North, Randolph, New Jersey 07869.

O. Refund Tree Bond to Jen Cohen, Block 157, Lot 2—$600.00

R-229-11

WHEREAS, the Planning and Zoning Department received a tree bond posted by Jen Cohen for 19 Deer Run Road, Block 157, Lot 2, in the amount of $600.00; and

WHEREAS, all of the requirements have been met and completed.

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 Darren Carney, Planning and Zoning Administrator, that the tree bond in the amount of $600.00 be refunded to Jen Cohen, 19 Deer Run Road, Randolph, New Jersey 07869.

P. Authorize Mayor to Sign Contract Between West Morris YMCA and MAC for the Rap Program

R-230-11

WHEREAS, there is a need to enter into a contract between the West Morris YMCA and MAC for the Rap Program.

WHEREAS, the contract becomes effective September 15, 2011; and

WHEREAS, both parties agree to the terms of this contract.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract between the West Morris YMCA and MAC.

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

Q. Release Road Opening Cash Bond for 15 Barbara Drive to Robert Early—$500.00

R-231-11

WHEREAS, the Engineering Department has received a request from Robert Early for the release of a $500.00 cash road opening bond posted for the purpose of installation of drainage pipes into storm drain at 15 Barbara Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on August 2, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the installation of drainage pipes into storm drain at 15 Barbara Drive 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 Robert Early, 15 Barbara Drive, Randolph, New Jersey 07869.

R. Credit Block 60, Lot 11, for 2011 Tax Year Due to Tax Exempt Status As a 100% Disabled Veteran

R-232-11

WHEREAS, Block 60, Lot 11, is assessed in the 2011 Tax List for a total of $233,900.00; and

WHEREAS, the property owner was deemed permanently 100% disabled by the Veteran’s Administration in 2011. The taxpayer made application on August 17, 2011, resulting in a tax-exempt status for 2011.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 60, Lot 11, for the 2011 tax year.

S. Authorizing Rescission of MCCPC Contract 35 for Light Bulbs with Turtle & Hughes, Inc.

R-233-11

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council entered into a contract on June 28, 2011, with Turtle & Hughes, Incorporated of Whippany, New Jersey, for Contract #35 (Light Bulbs); and

WHEREAS, Turtle & Hughes, Incorporated notified the MCCPC that they are unable to hold their contract pricing for the remainder of the contract period due to substantial increases by the manufacturer for fluorescent lamps; and

WHEREAS, under these circumstances, it is in the MCCPC’s interest to rescind Turtle & Hughes’ contract in its entirety and re-bid the contract as soon as possible.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Turtle & Hughes, Incorporated Contract #35 (Light Bulbs) be rescinded and the contract be re-bid.

T. Release Cash Performance Bond (Minus Maintenance Bond) for 132 Millbrook Avenue to TDL Construction—$7,854.00 Plus Interest

R-234-11

WHEREAS, TDL Construction was required to post a cash performance bond in the amount of $9,240.00 to guarantee the construction of off-site sanitary sewer improvements associated with 132 Millbrook Avenue, Block 134, Lot 7; and

WHEREAS, on December 1, 2010, TDL Construction posted a cash performance bond in the amount of $9,240.00 in accordance with the Engineer’s estimate dated November 12, 2010, prepared by the Randolph Township Engineering Department; and

WHEREAS, all sanitary sewer improvements have been satisfactorily constructed and inspected by the Randolph Township Engineering Department; and

WHEREAS, TDL Construction is required to post a cash maintenance guarantee in the amount of $1,386.00 for the completed sanitary sewer improvements associated with 132 Millbrook Avenue, Block 134, Lot 7; and

WHEREAS, it is recommended by the Randolph Township Engineering Department that the $9,240.00 cash performance bond be released minus the required maintenance bond amount of $1,386.00.

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 Raffaele Carchia, Engineering/Water & Sewer Department Administrator, that the cash performance guarantee in the amount of $9,240.00 minus the required maintenance amount of $1,386.00 for a total cash refund amount of $7,854.00 plus accrued interest.

U. Release Building Fees for Block 208.03, Lot 108, to Shelly D. Newman—$393.00

R-235-11

WHEREAS, the Building Department has received a request from Shelly D. Newman for the release of $568.00 for building, electrical and plumbing improvements at Block 208.03, Lot 108; and

WHEREAS, according to the homeowner, the work is not going to be conducted.

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 Frank Howard, Construction Official, that Shelly D. Newman, 9 Iron Forge Lane, Randolph, New Jersey 07869 be refunded the amount of $393.00 (less $107.00 for plan review and less $34.00 for the state fee).

V. Authorizing Award of Contract for Phase I Environmental Site Assessment to Viridian Environmental for 112 Calais Road and 49 Doby Road (Heritage—Open Space Transfer)—Not to Exceed $2,975.00

R-236-11

WHEREAS, the Township of Randolph has a need to acquire Viridian Environmental Consultants pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined that the value of the acquisition will not exceed $17,50.000; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Viridian Environmental Consultants has indicated they will provide the Phase I Environmental Site Assessment with regard to Block 49, Lot 2, 112 Calais Road and Block 49, Lot 3, 49 Doby Road for an amount not to exceed $2,975.00; and WHEREAS, Viridian Environmental Consultants has completed and submitted a Business Entity Disclosure Certification which certifies that Viridian Environmental Consultants has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Viridian Environmental Consultants from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Viridian Environmental Consultants as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 30, 2011

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-11, Acquisition of Land for Open Space, to award a contract to Viridian Environmetnal Consultants for a Phase I Environmental Site Assessment with regard to Block 49, Lot 2, 112 Calais Road, and Block 49, Lot 3, 49 Doby Road, in the amount not to exceed $2,975.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

W. Raffle

(1) Special Affair Permit, Randolph Engine Company #5, October 1, 2011, 7:00 p.m. to 11:59 p.m., 118 West Hanover Avenue, Randolph

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, cited the conflict with the October 4 Council meeting and the Middle School Back to School Night and urged the Council to take care to not schedule meetings or events that conflict with the Board of Education. Mrs. Stewart will be voicing her opinion to the Board of Education as well.

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

COUNCIL AND MANAGER COMMENTS

Councilman MacArthur distributed a copy of an article from the Wall Street Journal regarding civic mergers and the question of whether or not they save money. The author of the article suggested that smaller governments may cost less than a single larger government.

Councilwoman Veech stated that the owner of the Mt. Freedom Golf Course has asked about when the Zoning Master Plan would be complete.

Manager Lovell responded that there are approximately five or six properties in the township that require further consideration regarding zoning, but he will talk to Mr. Darren and let the Council know a more definitive time for when the Master Plan will be complete. The Manager noted that he has asked the owner of the Mt. Freedom Golf Course to provide information on his plans for that property that would perhaps provide some guidance to the staff in determining how it should be zoned.

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 following portion of the meeting.

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

a. MCMUA Contract Negotiations for Bulk Water Purchase

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 closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Councilman Napoliello made a motion to move into Executive Session at 11:05 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Guadagno

NAYS: None

ABSENT:
Councilman Obremski
Mayor Mitsch

Councilman MacArthur made a motion to return to Open Session at 11:20 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Guadagno

NAYS: None

ABSENT:
Councilman Obremski
Mayor Mitsch

ADJOURNMENT

Deputy Mayor Guadagno adjourned the meeting at 11:20 p.m.

_______________________________
Donna Marie Luciani
Township Clerk