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Township Council » Meetings » Minutes: December 9, 2016

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

Minutes: December 9, 2016

A. OPENING OF EMERGENCY EXECUTIVE SESSION

1. Call to Order

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, 2016, by e-mailing, faxing and calling in this Emergency Executive Session. Notice of this Emergency Meeting was also posted on the Township Website at http://www.randolphnj.org on December 8, 2016 and notice was also provided to the tapinto.net/town/randolph the Township of Randolph electronic newspaper on December 8, 2016.

2. Roll Call

PRESENT:
Councilman Forstenhausler via phone
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech via phone
Deputy Mayor Carey via phone
Mayor Hirniak

Also present via telepone: Township Manager Mountain, and Ed Buzak, Keli Gallo from the Law Office of Edward Buzak, and Attorney Eric Harrison

Mayor Hirniak led the Pledge of Allegiance.

3. R-362-16 Emergency Executive Meeting

WHEREAS, an emergency executive meeting has been called for following purpose:

To discuss urgent legal issues under the attorney-client privilege that arose during the trial currently pending before the Superior Court of New Jersey, Morris County, in the matter entitled Bailey v. Township of Randolph, et al, Docket No. MRS-L-1436-12; and

WHEREAS, while the normal requirements of the law regarding 48 hours notice have not been met due to lack of time and the pending trial, notice of this emergency executive meeting was provided by e-mail, fax and telephone to the Randolph Reporter at 2:52 p.m. and the Daily Record at 2:54 p.m. on December 8, 2016 at a.m. Notice was also provided by e-mail and telephone to our electronic newspaper, TapIntoRandolph.net on December 8, 2016 at 3:05 p.m. Notices were also placed on the Township website, randolphnj.org, and on all entrances to Town Hall located at 502 Millbrook Avenue, Randolph, New Jersey on December 8, 2016 at 3:03 p.m.

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. An emergency executive meeting is required to discuss urgent legal issues under the attorney-client privilege that arose during the trial currently pending before the Superior Court of New Jersey, Morris County, in the matter entitled Bailey v. Township of Randolph, et al, Docket No. MRS-L-1436-12, and a delay of this meeting for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest.
  2. This emergency executive meeting is limited to discussions of and acting with respect to the urgent legal issues that arose during the pending trial in the matter entitled Bailey v. Township of Randolph, et al, Docket No. MRS-L-1436-12.
  3. The Township Council of the Township of Randolph could not reasonably have foreseen the need for this emergency executive meeting at a time when adequate notice could have been provided because the urgent legal issues arose during the pending trial in the matter entitled Bailey v. Township of Randolph, et al, Docket No. MRS-L-1436-12.
  4. Although the normal requirements of the law regarding 48 hours notice have not been met, notice of this emergency executive meeting was provided by e-mail, fax and telephone to the Randolph Reporter on December 8, 2016 at 2:52 p.m. and the Daily Record on December 8, 2016 at 2:54 p.m. Notice was also provided by e-mail and telephone to our electronic newspaper, TapIntoRandolph.net on December 8, 2016 at 3:05 p.m. Notices were also placed on the Township website, randolphnj.org, and on all entrances to Town Hall located at 502 Millbrook Avenue, Randolph, New Jersey on December 8, 2016 at 3:03 p.m.
  5. This Resolution shall take effect immediately.

B. EXECUTIVE SESSION

M. 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:

a. To discuss urgent legal issues under the attorney-client privilege that arose during the trial currently pending before the Superior Court of New Jersey, Morris County, in the matter entitled Bailey v. Township of Randolph, et al, Docket No. MRS-L-1436-12

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 Napoliello made a motion to move into Executive Session at 2:05 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to close the Executive Session and go into open session at 3:20 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

N. REOPENING OF PUBLIC SESSION

Mayor Hirniak asked for a motion to direct the Township’s litigation attorney, Eric Harrison, to act in accordance with the guidance provided to him during the Executive Session. Councilman Guadagno made that motion and Councilman Loveys seconded the motion. The following roll call vote was taken:

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

NAYS: None

O. ADJOURNMENT

Councilman Guadagno made a motion to adjourn to adjourn the meeting at 3:21 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

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