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: December 9, 2021

A. OPENING OF REGULAR MEETING

1. Call to Order

This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate and electronic 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. The amended annual resolution was adopted by the Council on January 21, 2021 and notice was provided by email to the Randolph Reporter, the Morris County Daily Record and TapInto Randolph on January 22, 2021. The amended annual resolution which included this meeting date was advertised in the Randolph Reporter, the official newspaper of Randolph Township, and the Morris County Daily Record on January 28, 2021. The time change for this meeting was emailed to the Morris County Daily Record and TapInto Randolph on December 3, 2021 and was posted on the township website. It was advertised in the Morris County Daily Record on December 7, 2021.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Potter
Mayor Forstenhausler

ABSENT: Councilwoman Veech

Also present: Township Manager Mountain, Health Officer Mark Caputo, Planning and Zoning Administrator Darren Carney and Township Attorney Edward J. Buzak (via phone)

3. Pledge of Allegiance

Mayor Forstenhausler led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Seeing and hearing none, the public portion was closed.

C. MANAGER'S REPORT

Manager Mountain reported the following: Opioid Class Action Settlement - The Township has received notice, as a municipality over 10,000 in population, regarding how it can become party to the settlement of the class action litigation against three of the major pharmaceutical companies, and distributors of opioids. The State of New Jersey has joined the settlement and is urging all NJ counties and municipalities to do the same. Through the, settlement funds up to $630 million are potentially available to the state and participating counties and municipalities. The final amount is ultimately determined by how many parties opt into participating in the settlement.

Morris County recently advised that the estimated funds available to Randolph could be in excess of $200,000; this however is based on assumptions and should not be viewed as the final dollar amount. The dollars that will ultimately be allocated under the settlement will be for an approved list of opioid abatement activities/expenses that have yet to have been released. There are two steps required for municipalities wishing to participate. The first requirement is that the municipality must be registered on the National Opioid Settlement Website. The second requirement is the execution of electronic settlement documents. He completed both of these steps on behalf of the town, registering and executing the documents. He will provide more information in the future.

Attorney Buzak asked that the council consider taking action to authorize Manager Mountain to sign the two required documents for the settlement agreements. He informed the council that Randolph does not have an individual opioid suit filed, meaning that we have no other means of recovering funds; the state lawsuits allows Randolph to participate in the settlement to have a means of receiving funds. He provided a background on the class action settlement, and explained that the criterion is unclear, and how the number of participants can affect the settlement. He advised the council to authorize the township to proceed.

Decorative Snowflakes - The decorative snowflake lights have been installed at Mount Freedom. Manager Mountain thanked the DPW crews for making time in their busy schedules to install the lights. He also extended thanks to John Herold from Herold Jewelers and the many businesses in town that invested in the decorations and made the relatively new initiative possible.

Snow Meeting - Manager Mountain attended the annual meetings between the Department of Public Works (DPW), the Police Department, and the Parks and Recreation Department. During the meetings, the departments reviewed areas that they have been strong in and areas that need to be adjusted to improve response. He commented that as a result of the meetings the township's overall system has noticeably improved.

Cannabis Committee - The Cannabis Committee continues to work with Township Planning and Zoning Administrator Darren Carney to review cannabis zoning considerations with each cannabis business class. The committee met earlier this week to review distribution and wholesaling classes. Mr. Carney will be conducting further research on the retail class over the next several weeks. The committee is scheduled to meet again in February.

Tree Removal/Replacement - The first phase of a plan to replace trees in neighborhoods where significant numbers of ash trees were removed was completed over the past few weeks. 83 trees were planted. The funding for the tree replacements comes from the township's Treebank which is supported by fees and paid by developers. The program to remove dead trees will be continuing in 2022, along with replacement as warranted.

Mayor Forstenhausler - Acknowledgement of Last Meeting - Manager Mountain acknowledged that this was Mayor Forstenhausler's last meeting as mayor. He commended Mayor Forstenhausler for his leadership and work through the many challenges of 2021 such as the affordable housing litigation settlement, diversity and inclusion discussions, several major storm events, the successful transfer of the EA Porter property to Habitat for Humanity, battling with the NJDOT on the Route 10 intersection improvements, establishing the township's position on cannabis, and continuing to guide the community through the uncertain times caused by the global pandemic.

He explained that despite the many challenges through the year, Mayor Forstenhausler always found time to fulfill his numerous duties as mayor, while actively volunteering as a fireman and working a full-time job. He attended countless meetings and events throughout the year. He has officiated 13 weddings and counting, presented proclamations, prepared articles, spoke at many events, and most importantly responded to every phone call, email, and letter he received. Through it all Mayor Forstenhausler remained a calm, steadying force, never letting the weight of his responsibilities impact his day-to-day demeanor.

Mayor Forstenhausler thanked Manager Mountain for his comments. He informed the council that he and Manager Mountain received an email about the Opioid Class Action Settlement. He asked the council to make a motion to authorize Manager Mountain to sign the required documents to opt Randolph Township into the class action suit.

Councilwoman Carey made a motion to authorize Manager Mountain to complete the required documents. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Potter
Mayor Forstenhausler

NAYS: None

ABSENT: Councilwoman Veech

D. APPROVAL OF MEETING MINUTES

1. Approving the Regular Council Meeting Minutes for November 18, 2021

Deputy Mayor Potter made a motion to approve the Regular Council Meeting Minutes from November 18, 2021. Councilman Nisivoccia seconded the motion and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Potter
Mayor Forstenhausler

NAYS: None

ABSENT: Councilwoman Veech

E. COMBINED ACTION RESOLUTIONS

  1. R-302-21 Refund a portion of escrow funds from 53 Davis Avenue, Block 71, Lot 5 to Robert Torres - $705.50
  2. R-303-21 Finding vendor in default and rescinding and re-awarding a portion of MCCPC Contract #11 (Motor Oils And Miscellaneous Lubricants)
  3. R-304-21 Refund Tax Sale Certificate for Block 119, Lot 49, for 9 Radtke Road to Carmen, Paul and Alfonso Amelio - $202,566.27
  4. R-305-21 Refund erroneous payment of 1st quarter 2022 taxes for Block 21, Lot 74.02, 37 East Logan Road to Roberto and Sandra Robles - $4,165.17
  5. R-306-21 Authorizing the Award of a Contract to Jersey Professional Management for Recruitment Services for a New Township Manager

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 9, 2021

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-5.3-5.5, and any other applicable requirement, I, Deborah Bonanno, Director of Finance for the Township of Randolph, have ascertained that funds will be available to award a contract in the amount of $19,500 to Jersey Professional Management for the recruitment of Township Manager according to the submitted proposal.

Deborah Bonanno
Chief Financial Officer
Consulting Services, Accounts #: 01-201-20-130-302

  1. R-307-21 Authorizing the award of a Professional Services Agreement to Ferriero Engineering, Inc. for Engineering Design Services for the Park Avenue Paving - Phase 2 Project

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 9, 2021

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-5.3-5.5, and any other applicable requirement, I, Deborah Bonanno, Director of Finance for the Township of Randolph, have ascertained that funds are available to award a contract in the amount of $22,600 to Ferriero Engineering, Inc. for the Phase 2 engineering design of Park Avenue according to the submitted proposal.

Deborah Bonanno
Chief Financial Officer
Capital Account #: 04-215-55-992-300

  1. R-308-21 Amending a resolution awarding a contract for the Calais Road Repaving Project to J.A. Alexander, Inc. - $306,797.04
  2. R-309-21 Authorizing contracts with additional approved State Contract Vendors for Contracting Units pursuant to N.J.S.A. 40A:11-12a
  3. R-310-21 Authorizing the Re-appointment of Linda Ann Roth as the Randolph Tax Collector, effective January 1, 2022
  4. R-311-21 Authorizing the Settlement of Certain Residential Tax Appeals for Block 86, Lot 58.03, 4 Ardsley Ct. - Peter & Janel O'Neill for the years 2019, 2020 and 2021
  5. R-312-21 Authorizing the default and Rescission of MCCPC Contract #31 Calcium Chloride Bags from Levitt's, LLC
  6. R-313-21 Authorizing an extension of the Shared Services Agreement with the Township of Mendham for Randolph Township to provide Temporary Tax Collection Services through June 30, 2022
  7. R-314-21 Authorizing the Change Order #5 for a Professional Services Agreement to Harbor Consultants, Inc. for Planning Services for the Affordable Housing Program

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 9, 2021

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-5.3-5.5, and any other applicable requirement, I, Deborah Bonanno, Director of Finance for the Township of Randolph, have ascertained that funds will be available to increase the NTE contract amount to Harbor Consultants, Inc. by $25,000 for the Affordable Housing Program (COAH).

Deborah Bonanno
Chief Financial Officer
Accounts #: 13-225-00-000-000

  1. R-315-21 Authorize Budget Transfers between Appropriation Accounts - $191,950
  2. Raffle License: On-Premise 50/50, Music Boosters Club of West Morris Mendham High School at the Meadow Wood, 461 Route 10 East, Randolph on Friday, February 4, 2022 from 6:00 p.m - 10:00 p.m.

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

AYES:
Councilwoman Carey
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Potter
Mayor Forstenhausler

NAYS: None

ABSENT: Councilwoman Veech

F. UPCOMING EVENTS

  1. Library Event - Danny and the Boys, Celtic Holiday Tunes, December 12, 2021 at 2:00 p.m.
  2. Randolph Reorganization Meeting, January 6, 2022 - Reception starting at 5:00 p.m. followed by meeting at 6:00 p.m.
  3. Council Only - Randolph Rescue Squad 2-22 Installation Dinner at Vegas, NJ, 1380 Sussex Tpke., Friday, January 7, 2022, 7:00 p.m. - 11:00 p.m.
  4. Randolph Chamber of Commerce - Meet the New Mayor of Randolph - 2022, Thursday, January 20, 2022, Time/place TBD

G. DISCUSSION ITEMS

1. Cottage Food Law - Presentation by Mark Caputo/Darren Carney

Manager Mountain briefly explained that the state passed a new rule creating an opportunity for NJ home-based bakers and confectioners to obtain a state cottage food operator license. He explained that the new rule does not supersede local zoning rules. He informed the council that Township Health Officer Mark Caputo and Planning and Zoning Administrator Darren Carney would be presenting an overview of the license.

Mark Caputo provided a brief history on how the cottage food license rule came to pass; the NJ Home Bakers Association's lobbying efforts led to the NJ Department of Health (NJDOH) creating and implementing the new rule into the N.J.A.C. 8:24-1 et seq. He explained that the foods permitted under the law are limited to "Non-TCS" foods (Non-Time/Temperature Control for Safety Foods). To minimize neighborhood disruption, the rule limits the annual business volume to less than $50K/year and defers to local zoning prohibitions. Cottage food operators are to be licensed directly by the NJDOH, not local municipalities.

He explained that local health departments lack the jurisdiction for licensing and inspecting. The NJDOH will verify complaints and properly screen "anonymous complaints" before referring investigations to local health agencies to protect the privacy of homeowners. The Township Board of Health has reviewed the new rule and determined that so long as NJDOH regulations are followed, cottage food products do not present a significant food safety risk as the foods listed in the rule are not potentially hazardous and are Non-TCS.

The board believes that cottage food operators complying with NJDOH licensing and rules of operation would benefit the community economically. He recommended that the council remove land use impediments as consumption of the foods prepared under the rule does not present a public health risk to justify a ban on cottage foods. He explained that the rule formalizes and legitimizes the sale and distribution of non/low-perishable home-baked products throughout the state. He emphasized that the sales are direct to the consumer and not allowed to be sold to stores or middlemen. The operators are also not allowed to use a common carrier to deliver their products.

Councilman Nisivoccia asked if consumers would have to go directly to the homes of licensed operators since common carries could not be used. Mr. Caputo informed the councilman that consumers can either come to the house or the operator can deliver it to the consumer. Councilman Nisivoccia asked if the state's new rule does not engage people to make meals. Mr. Caputo confirmed that the rule does not allow the sale of catering/meals.

Councilman Tkacs shared that he was acquainted with someone in the dried fruit industry; he was surprised to hear that dried fruit was acceptable under the new rule as it is susceptible to bacteria. Mr. Caputo informed him that the allowed items were determined based on water activity. He explained that dried fruit was susceptible to pathogenic growth rather than mold. He suggested that the councilman's acquaintance had their own method/process for drying that may use preservatives.

Councilman Loveys asked if many residents have inquired about the new rule. Mr. Caputo confirmed that he has received inquires. He shared that he spoke to someone the previous day who expressed interest in opening a cottage food business. Manager Mountain added that a number of residents had reached out to him as well. He explained that the pressure was not high, but there has been light inquires about the town making changes to allow such businesses.

Councilman Loveys commented that he was interested in hearing the zoning considerations. He asked how brick-and-mortar stores and mobile food licenses would be affected. Manager Mountain responded that he had not heard from any brick-and-mortar stores, but that did not mean they did not have an opinion.

Deputy Mayor Potter inquired about the rule's impact on farms in the community. She asked if the rule applied to farms. Mr. Caputo informed her that farm stands are recognized as temporary food establishments/outlets. There was a brief discussion about the regulations and operations that allow farms to sell goods baked on-premise.

Deputy Mayor Potter asked if the $50K/year was based only on the baked goods part of their income or other income as well. Mark Caputo informed her that it was based on the gross annual sales generated from the baked goods.

Mayor Forstenhausler asked how the town would be made aware of the registered licensed operators. Mr. Caputo informed him that the state website features a list of the operators. Mayor Forstenhausler asked for clarification on how the state would communicate this information to the township.

Councilman Nisivoccia asked if the inspection responsibility would be on the state. Mr. Caputo informed him that licensed operators are required to confirm that they comply/promise to keep with various requirements and regulations. Manager Mountain explained that a shortcoming of state-licensed activities was that after the licensing process, there is little follow up/enforcement. He explained that oftentimes the township is the enforcing agent. He was unsure of how the process will work for the new license.

Mayor Forstenhausler asked how the state or town would be made aware of cottage food businesses that exceed the gross sales limit. Mr. Caputo informed him that operators must apply every two years and disclose the information. Manager Mountain guessed that if there were complaints against operators the state would likely put pressure on them for proof.

Mayor Forstenhausler asked if the township gained financially from the license via licensing fees or tax fees. Mr. Caputo informed him that the fees are received by the state. Manager Mountain briefly explained that certain home-based businesses, if acknowledged, allow the Tax Assessor to increase the assessment based on income knowledge that the homeowner is gaining in addition to the value of their home. He was not sure if the types of revenues associated with cottage food businesses would qualify to reach the point of requiring a change of assessment. He informed the council that the Township Tax Assessor was aware that the individuals under this rule would be using their homes residentially, and as a business. Mayor Forstenhausler commented that it appeared that the operators would attest to qualifying under the $50k limit.

Mayor Forstenhausler referred to the state's cannabis regulations that prohibit putting cannabis in food items. Mr. Caputo informed him that doing so would be a violation of the cannabis regulations and the food protection laws. There was a brief discussion on how the violation relates to the cottage food license.

Darren Carney explained that the township's current zoning ordinances allow home-based businesses that are limited to the owner-occupied office of a physician, surgeon, dentist, attorney-at-law, architect, artist, real estate broker, scientist, mathematician, engineer, planner, or persons of like profession. He explained that in the past, the Zoning Department would suggest cottage food-type businesses conduct their business out of a commercial location, such as a firehouse or church, or other building that the township frequently inspects. He explained that the state's regulations contain certain provisions that are intent on ensuring that food operation is accessory to residential use.

He informed the council that if they were in favor of permitting cottage food operators in town they would have to modify section 15-11 (General Provisions) of the Land Development Ordinance. He informed the council that they should also consider if cottage food operators would be allowed in all residential structures or be limited to certain types (single-family, two-family, garden apartment, townhouse, etc.). He recommended that operators be limited to single-family homes, as he was not clear on the volume of traffic that would result from the businesses.

Mayor Forstenhausler asked Attorney Buzak if it would be legally permissible to limit cottage food operators to single-family homes and exclude multi-family homes. Attorney Buzak explained that it would likely be sustained if there were a rational basis for the exclusion.

Councilman Nisivoccia asked what could be done if cottage food businesses increase traffic in residential areas seasonally. Manager Mountain stated that it was a factor that had to be considered carefully. He explained that if something were to be approved it would have to come with strong conditional language that limits the number of customers within a period. Mr. Carney stated that the township does have limits for certain home-based businesses and added that similar language could be developed for the cottage food operators. He commented that enforcement could present some challenges. Manager Mountain suggested that the point of sale be moved from the residential area and take place at another location for direct sale such as a farm stand.

Mayor Forstenhausler commented that there were many things to consider as it was important that neighbors residing near an operator not be negatively impacted. Manager Mountain explained that the traffic in residential areas would be the complaint that the town is most likely to receive. He agreed with Darren Carney's statement on enforcement challenges. Mayor Forstenhausler expressed that the conditions and regulations would at least provide guidelines for the operators in terms of limiting impacts on neighbors and giving the township something to reference when enforcing.

Mayor Forstenhausler inquired about the next steps. Manager Mountain explained that the council should continue to share any questions they may have and share, at least conceptually, their position on the cottage food license and changing zoning regulations. Mayor Forstenhausler asked the council if there was a consensus on cottage food operations. The council agreed that it was something to consider. Deputy Mayor Potter commented that it was great that people could make a living by pursing their interests; however, a lot of restrictions must be in place. There was a brief discussion on the profitability of the cottage food businesses.

Mayor Forstenhausler asked the council to prepare notes and provide regulation suggestions to discuss at a future meeting.

H. OPEN TO THE PUBLIC

Seeing and hearing none, the public session was closed.

I. COUNCIL COMMENTS

Councilman Nisivoccia reported that he attended the grand opening and ribbon-cutting ceremony for Rosenthal Sambonet. He was impressed with the Holiday Lighting and Menorah Lighting events. He attended the township's Employee Appreciation Breakfast event and congratulated employee Ricky Molina on his 30 years of service to the township. He attended the Randolph Area Chamber of Commerce luncheon and visited the recycling center to check on the remnants of the liberty tree being stored there.

He shared that the Senior Citizen outreach program continued; he picked up a box of cards and presents from Resurrection Parish made for seniors and is waiting on final delivery from a high school club before wrapping up the project.

He attended an Economic Development Committee meeting. He commented that the committee has grown quite a bit since he first started on the council. The committee discussed cottage food laws, the business spotlight list, and the two vacancies in the Weis Shopping Plaza.

He attended a Municipal Alliance Committee meeting. The committee is working with the Township Library and the Recreation Department to put together a "Healthy Body, Healthy Mind" expo. He reported that the new breathe easy signs were back-ordered.

He thanked Mayor Forstenhausler for his serving as mayor and being helpful.

Councilman Tkacs attended a Cannabis Committee meeting. He commented that Mr. Carney did a great job of laying out potential areas for distribution, warehouse, and wholesale businesses if the township decides to allow such businesses.

He reported that the Planning Board and the Park Advisory Committee did not meet since the previous council meeting. He thanked Mayor Forstenhausler for his service in 2021.

Councilman Loveys shared that he had nothing to report. He recognized Mayor Forstenhausler for a job well done. He echoed Manager Mountain's comments about Mayor Forstenhausler and explained that many of the council members knew of the commitment and dedication required for the position. He thanked Manager Mountain, Township Clerk Luciani, and the township staff for continuing to ensure that community services continue to run well. He wished everyone a belated happy Chanukah, Christmas, and a joyous holiday season.

Councilwoman Carey shared that she attended many of the events that were previously mentioned. She attended a Library Board of Trustees meeting and reported that they have received great feedback on the story walk program. She thanked Clerk Luciani for assisting with finding a location for the story walk. She shared that Pat Bobsein, an employee of the Randolph Township Library, recently retired after 20 years of service at the facility. She informed the council that the circulation numbers at the library have doubled from the figures last year. She commented that the library was a well-used asset in the community.

She thanked Mayor Forstenhausler for his commitment as Mayor and commended him for balancing his responsibilities and for his communication skills. She appreciated how he represented the council.

Deputy Mayor Potter reported that the Advisory Environmental and Landmarks Committee met via Zoom. There was a discussion on how to protect recyclable cardboard from rain and ways to use social media to educate the public about the state's plastic bag ban. She reported that the 211 Committee's 2019 idea of outreaching to local organizations to advertise NJ 211's free service had resumed. A letter providing information on the service was created to be sent to religious organizations in the community.

She shared that she registered the time capsule with the International Time Capsule Society. She attended the Menorah Lighting event and the Randolph Area Chamber of Commerce Luncheon. She thanked Mayor Forstenhausler for managing the difficulties of 2021, and for keeping her informed.

Councilman Loveys referred to Combined Action Item R-306-21 - Authorizing the Award of a Contract to Jersey Professional Management for Recruitment Services for a New Township Manager. He informed the council that he would be communicating with Jersey Professional Management to let them know that they plan to quickly start the process. He will keep the council informed as the recruitment process progresses.

Mayor Forstenhausler thanked everyone for their kind words. He thanked Manager Mountain for summarizing the past year and thanked the council for their support. He shared that he attended many of the events that were previously mentioned, in addition to the Employee Appreciation Breakfast. He thanked Manager Mountain, Clerk Luciani, and their staff for assisting with the marriage programs.

J. 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. Affordable Housing Litigation
b. Shongum Lake/DEP Loan Agreement
c. Manager's Evaluation

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

4. At the conclusion of the Executive Session, the Council may or may not reconvene in public session for the purpose of taking formal action on matters discussed in closed session or any other matters, according to law.

Councilman Tkacs made a motion to move into Executive Session at 6:10 p.m. Deputy Mayor Potter seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey (left at 7:20 p.m.)
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Potter
Mayor Forstenhausler

NAYS: None

ABSENT: Councilwoman Veech

Deputy Mayor Potter made a motion to close the Executive Session at 8:39 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Potter
Mayor Forstenhausler

NAYS: None

ABSENT:
Councilwoman Veech
Councilwoman Carey

L. ADJOURNMENT

Councilman Nisivoccia made a motion to adjourn the meeting at 8:40 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Potter
Mayor Forstenhausler

NAYS: None

ABSENT:
Councilwoman Veech
Councilwoman Carey