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June 23, 2009

 

A Regular Meeting of the Township Council of the Township of Roxbury was held on June 23, 2009 at 1715 Route 46, Ledgewood, New Jersey at 7:30 PM.

 

PLEDGE OF ALLEGIANCE

 

OPEN PUBLIC MEETING STATEMENT

Adequate notice of this meeting of the Township Council of the Township of Roxbury was given as required by the Open Public Meetings Act as follows:  Notice was faxed to the Daily Record, the Newark Star Ledger and the Roxbury Register on December 17, 2008; notice was posted on the bulletin board in the main hallway of the Municipal Building on December 17, 2008.

 

ROLL CALL (Present):  Councilmen Fred Hall, Jim Rilee, Martin Schmidt, Tim Smith, Richard Zoschak and Mayor DeFillippo.

 

ALSO PRESENT:  Christopher Raths, Township Manager; Anthony Bucco, Esq. Township Attorney, BettyLou DeCroce, Township Clerk.

 

Absent:  Councilman Gary Behrens

 

 

Mayor DeFillippo read the following Proclamations:

 

A.  ?Ovarian Cancer Awareness Month?

 

B.  ?United States Coast Guard Auxiliary 70th Anniversary?

 

 

APPROVAL OF MINUTES

March 17, 2009 Budget Meeting

March 24, 2009 Executive Session

March 24, 2009 Regular Meeting - HOLD

April 14, 2009 Executive Session

April 28, 2009 Executive Session

May 4, 2009 Executive Session

May 4, 2009 Special Meeting

May 12, 2009 Regular Meeting

May 12, 2009 Executive Session

May 13, 2009 Special Meeting   

May 26, 2009 Executive Session

 

Mr. Schmidt made a motion to approve all of the minutes except for the March 24, 2009 Regular Meeting.  Mr. Zoschak seconded the motion.

 

Mr. Hall would like the March 24, 2009, Regular Meeting minutes held for discussion.

 

Roll Call:          Mr. Schmidt ? Yes

Mr. Zoschak - Yes

                        Mr. Hall ? Yes

            Mr. Rilee ? Yes, with the following exceptions:

        Abstain on May12, 2009-Regular Meeting

        Abstain on May12, 2009-Executive Session

        Abstain on May 13, 2009-Special Meeting

                        Mr. Smith ? Yes, Abstain on April 14, 2009-Executive Session

Mayor DeFillippo ? Yes

 

Motion carried 6 to 0, with one abstention on April 14, 2009-Executive Session; one abstention on May 12, 2009-Regular Meeting; one abstention on May 12, 2009-Executive Meeting; and one abstention on May 13, 2009-Special Meeting.

 

PUBLIC PORTION     

Dennis Wine

4 Holly Drive, Succasunna

Mr. Wine asked how many contractors bid on the DPW facility project.  Mr. Raths stated that there were seventeen bidders.

 

Mr. Wine asked if the Council had any updates regarding the situation with the M&E railroad tracks at Horseshoe Lake.  Mayor DeFillippo stated that there have been conversations between the Township and the Freeholders and that they are looking at several alternatives, but that the availability of funding is an issue.  Mayor DeFillippo stated that Freeholder Director Gene Feyl spoke to her last week and suggested that, after the County takes over the rail line, they may offer to sell the remainder of the right-of-way to Roxbury for fair-market value.  Mayor DeFillippo stated that this is the same property that the County is purchasing for one dollar and receiving six million dollars of Stimulus money to rehabilitate and reactivate.  Mayor DeFillippo stated that Freeholder Director Feyl?s response was vague when asked what fair market value would be for the piece of property they might be willing to sell.  She stated that the conversation ended when she asked who would be paying for the improvements.  Mayor DeFillippo stated that further discussion would take place during Executive Session.

 

Ernest Gefert

Kings Highway, Landing

Mr. Gefert discussed the McNear Excavating site and the dust from the operations of the soil movement and the blasting that is affecting his quality of life.  Mr. Gefert stated that it is a detriment to his property.  Mr. Raths stated that a Developers Agreement has existed for the past twenty-five years.  Mr. Raths also stated that the Township is looking into Mr. Gefert?s claim that there is a new law requiring permits to be obtained from a Commission on Mining Safety.

 

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska asked about the internal auditing process regarding the bills that we pay for the summer Recreation trips versus the fees that are charged.  Mr. Raths assured Mr. Kluska that the Township?s fees are offset by the costs.  The Township only pays after the fees are collected and that accountants perform annual audits, as well.

 

REPORTS OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD BUSINESS

A.  New Business

None

 

B.  Old Business

1.  Procurement Policy ? Township Attorney is working on this.

                         

MATTERS REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK

Mr. Schmidt stated that they had their first Community Garden meeting this week, which was a success.

 

Mr. Zoschak stated that the Lake Hopatcong Commission had a meeting on June 15th and the lake is at a great level.  They are working on the 319 Grant for King Cove to retro fit the catch basin in the lake. Senator Bucco and Assemblyman Chiusano are supporting legislation, which changes the makeup of the lake commission.  The legislation eliminates the DCA and DEP representatives on the Commission.  Mr. Zoschak is going to find out additional information because he has concern with the DEP representative being taken off the Commission.  The control of the damn is going to be taken away from the DEP and placed with the Lake Hopatcong Commission.  When the water level is high at the damn the Commission is available to make a decision immediately unlike the current situation involving the state.  Also, two weed harvester machines should be in the water by the first week of July.

Mr. Zoschak questioned the paving status on Shippenport Road.  Mr. Raths stated that the bids are out and a contract should be awarded by July 14th for the resurfacing. 

Mr. Zoschak stated that the Water Committee met last week.  There were questions about customers owing money and he stated that it would need to be discussed by Council in the near future.

 

Mr. Zoschak questioned the current status of the road vacation on McCain Street in Kenvil.  Mr. Bucco is working on it.

 

Mr. Zoschak stated that there are several ordinances that are outstanding and wondered when they were going to be ready.  Mr. Bucco stated that he has most of them completed and will finalize the remaining ones and forward them to council for review and introduction.

 

Mr. Zoschak stated that the high school graduation last night was great.

 

Mr. Smith stated that Economic Development meets this week.  The Open Space Committee met and the Swim & Sports Club acquisition is moving along.  Also, the Dufford property purchase is on this evening?s agenda.  Mr. Smith discussed the Port Morris property, which the Morris Canal Society is purchasing.  Mr. Smith questioned the McNear property status.  Mr. Bucco stated that the LOI is still out and they are waiting for it from the DEP.  The contract is being finalized in the meantime.  Mr. Smith stated that a new Open Space map is being put together right now.

 

Mr. Smith stated that Water and Sewer Committee met and rates are probably going to be increased because of the lack of development and the anticipated revenue from those developments has not come in.

 

Mr. Smith stated that the beach blast is going to be at Horseshoe Lake this Thursday evening for the public.

 

Mr. Rilee asked for an update on the improvements by the state on Hillside Avenue and Rt. #10.   Mr. Raths will provide.

 

Mr. Rilee stated that the DPW meeting was held this week and the bad economy sometimes helps us.  Discussion will take place on this later in the meeting.

 

Mr. Hall thanked Mr. Bucco for completing the turf contract with the Board of Education.  The Agreement is with the Board of Education now.

 

Mr. Raths stated that there are grant monies to apply for Fire Stations.  The Federal Government has come out with $2,000,000.00 in grant monies.  The township has preliminary work done for the Shippenport Road annex.  Mr. Raths further stated that an application would be filed.

 

Mr. Raths stated that there is going to be a hearing for the state rail expansion, which includes Kenvil this Thursday and the Township Engineer, will be attending the meeting.

 

Mayor DeFillippo stated that there were several articles in the newspaper about the rail line at Horseshoe Lake.  Mayor DeFillippo further stated that grant monies are hard to come by and yet the Morris County Freeholders have offered to help us with securing grants for improvements required because of the rail line being reactivated.  The Mayor further stated that because of the lack of funding the township should have concerns with being able to secure grant monies and that is why there needs to be a commitment by the Freeholders to financially support any improvements that are required at Horseshoe Lake.

 

Mayor DeFillippo commented that there were a large amount of residents walking Horseshoe Lake today and it was a good time for her to tape a story on the rail line with the Cable Company to be aired sometime in mid July.

Mayor DeFillippo stated that the Economic Development Committee has several great speakers for their seminar in September.  She will report more in the future.

 

Mayor DeFillippo stated that the NJ Environmental Federation contacted her and would like to be at a meeting to discuss the environmental laws.  Council felt that she should be invited to the Environmental Commission for discussion.

 

Mayor DeFillippo handed out a newspaper article about a train wreck provided by a resident that took place in the past here in Roxbury.

 

DRAFT ORDINANCES FOR DISCUSSION

None

 

INTRODUCTION OF PROPOSED ORDINANCES

12-09               AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY, KNOWN AS BLOCK 1802, LOT 1.02 LOCATED ALONG RIGHTER ROAD, IN THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, AND STATE OF NEW JERSEY

 

Mr. Smith made a motion to introduce Ordinance 12-09.  Mr. Schmidt seconded the motion.

 

Roll Call:                      Mr. Smith ? Yes           Mr. Schmidt ? Yes

                                    Mr. Hall ? Yes             Mr. Rilee ? Yes

                                    Mr. Zoschak ? Yes      Mayor DeFillippo ? Yes

 

Motion Carried 6 to 0.

 

Mr. Smith stated this is the western edge of Horseshoe Lake ? Dufford property to accommodate more fields for the township.

 

Mr. Hall stated that this was a targeted piece of property by the Recreation Committee and felt that the acquisition could allow more fields and its part of the Roxbury Township Recreation Master Plan

 

HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

None

 

DRAFT RESOLUTION FOR DISCUSSION

None

 

INTRODUCTION AND ADOPTION OF RESOLUTIONS

09-200             A RESOLUTION INCORPORATING BY REFERENCE HEREIN AND APPROVING THE FOLLOWING NUMBERED RESOLUTIONS LISTED ON THE WORKSHOP COUNCIL MEETING AGENDA FOR THIS DATE:  09-157, 09-201, 09-202, 09-203, 09-204, 09-205, 09-206, 09-207, 09-208, 09-209, 09-210, 09-211, 09-212, 09-213, 09-214, 09-215, 09-216, 09-217, 09-218, 09-219, 09-220, 09-221, 09-222, 09-222, 09-223, 09-224, 09-225, 09-227, 09-228

 

Mr. Schmidt made a motion to adopt Resolution 09-200.  Mr. Zoschak seconded the motion.

 

Roll Call:          Mr. Schmidt ? Yes

Mr. Zoschak ? Yes

                        Mr. Hall ? Yes, abstain on check no.09157

Mr. Rilee ? Yes, abstain on resolutions 09-217, 09-218, 09-219, 09-225, and 09-228

                        Mr. Smith ? Yes

Mayor DeFillippo ? Yes

 

Motion Carried 6 to 0, with 6 abstentions

 

 

09-157             A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY SUPPORTING THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF ROUTE 206 & MOUNTAIN ROAD/OLD LEDGEWOOD ROAD 

Mr. Rilee questioned the DOT list on pgs. 8, 9 & 10.  Mr. Raths stated that all the concerns the Council had were answered.

 

09-201             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-08-08-113, 505 MAIN STREET, LANDING; BLOCK 10301, LOT 2.03

 

09-202             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-07-08-090, 503 MAIN STREET, LANDING; BLOCK 10301, LOT 2.02

                       

09-203             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-05-09-061, 5 CHURCHILL DRIVE, SUCCASUNNA; BLOCK 1202, LOT 7

 

09-204             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-04-09-033, 8 MELISSA LANE, SUCCASUNNA; BLOCK 4802, LOT 3

 

09-205             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-06-09-066, 17 APPLETREE LANE, LANDING; BLOCK 11903, LOT 17

 

09-206             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-04-09-045, 22 MT. VIEW RD., SUCCASUNNA; BLOCK 4801, LOT 44

 

09-207             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO.RO-04-09-047, 24 MT. VIEW RD., SUCCASUNNA; BLOCK 4801, LOT 43

 

09-208             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. RO-04-09-046, 26 MT. VIEW RD., SUCCASUNNA; BLOCK 4801, LOT 42

 

09-209             A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE POSTED FOR RIGHT-OF-WAY EXCAVATION PERMIT NO. JUNE1807, 183 MAIN STREET, LEDGEWOOD; BLOCK 6501, LOT 6.02

 

09-210             A RESOLUTION AMENDING RESOLUTION NO.08-185 THAT AUTHORIZED A SANITARY SEWER ALLOCATION TO NICHOLAS STAVRAKIS AND MICHAEL COOPER FOR THE PROPERTY LOCATED AT 8 EYLAND AVENUE, SUCCASUNNA; BLOCK 1901, LOT 20

 

 

09-211             RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO STERUER AND SONS CONSTRUCTION, LLC FOR THE REPLACEMENT OF THE ROOFS AND DAMAGED SHEETROCK AT WELL HOUSES #3 AND #5 FOR THE WATER UTILITY

 

09-212             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO ACCURATE WASTE REMOVAL SERVICES, INC. FOR SLUDGE WASTE HAULING SERVICES

Mr. Hall stated that a reduction of 7% is good.

 

09-213             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO KENVIL WELDERY FOR IMPROVEMENTS AND MODIFICATIONS TO THE MAIN PUMP AND MOTOR ASSEMBLY AT THE AJAX WASTEWATER TREATMENT PLANT

 

09-214             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR SLABJACKING REPAIRS TO VARIOUS SIDEWALKS IN THE TOWNSHIP TO CRC, CONCRETE RAISING OF SOUTH JERSEY, INC.

Mr. Schmidt asked how many square feet would be completed?  Mr. Blood stated that approximately 6,000 Sq Ft will be completed and that the slabjacking allows the Township to exceed the amount that would otherwise get completed by replacing the slabs.

 

09-215             A RESOLUTION REJECTING THE SOLE BID RECEIVED FOR 10-YARD SEWER JET AND VACUUM MANHOLE CLEANER

 

09-216             A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO FINNE BUILDING AND INVESTMENT INC. FOR THE CONSTRUCTION OF A PUBLIC WORKS FACILITY

Mr. Smith felt the bid is a great success and is excited that the project will finally be started.  Mr. Hall concurred with Mr. Smith and thanked everyone involved.  Mr. Rilee also thanked everyone and stated that this was a monumental job to put together and the bid process worked out perfectly.  Mr. Schmidt asked that a rendering of the new building be placed at all of our public buildings so the residents are aware of the project.  Mr. Raths stated that he would have that done.

 

09-217             A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-009-003 FOR GMRI, INC., T/A RED LOBSTER AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

09-218             A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-017-009 FOR ROSSPARK ENTERPRISES, INC. AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

09-219             A RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-025-006 FOR MELMAR LLC, TRADING AS RUMORS AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

09-220             A RESOLUTION DESIGNATING SKYLANDS COMMUNITY BANK (PARENT COMPANY, FULTON FINANCIAL) THE OFFICIAL TAX RECEIVING AGENCY OF THE TOWNSHIP OF ROXBURY

Mayor DeFillippo stated that this would be a relief to our residents to be able to pay online.  Further, she asked Mr. Raths to make sure that there is proper advertising and public relations on this issue.  Mr. Raths stated that in October a full-blown campaign would take place advising the public, which will include a billboard advertisement.

 

09-221             A RESOLUTION AUTHORIZING THE REFUND OF TAXES

 

09-222             A RESOLUTION AUTHORIZING THE REFUND OF WATER UTILITY OVERPAYMENT

 

09-223             A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

 

09-224             RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE

#1436-33-016-            005 FOR DANIELLE?S PUB, INC., T/A DANIELLE?S AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

09-225             RESOLUTION GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-011-003 FOR LANDING OPERATING COMPANY AND CABARET, T/A LANDING OPERATING AND CABARET AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

RESOLUTIONS 09-227 AND 09-228 WERE ADDED ONTO THE AGENDA FOR APPROVAL:

 

09-227             RESOLUTION TO JOIN NEW JERSEY SUSTAINABLE ENERGY JOINT MEETING

 

09-228             COUNTY OF MORRIS, STATE OF NEW JERSEY, GRANTING RENEWAL OF LIQUOR LICENSE #1436-33-001-003 FOR SHE-KEV, INC., TRADING AS SMILES II, AND DIRECTING LICENSING OFFICER TO DELIVER SAME

 

 

At this time Mayor DeFillippo invited comments from the DPW Department on the new DPW facility that is going to be built on Pine Street.

 

Mr. Blood, DPW Director; Mr. Kobylarz, Township Engineer; Jim McGrath,

Road Supervisor; Martin Lucabech, Road Department; Paul Labell, Road

Department were present to comment.

 

Mr. Blood gave an overview of the bid process for the DPW facility.  Seventeen

bids were submitted and 13 were below 2.5 million.  There was a $500,000

spread between the bids.  The wash bay system will be utilized by other

municipalities to offset costs.  Mr. Blood went over the layout of the new

facility.  He further commented that the Kingtown Diesel site, with regard

to the wash bay, would not work out because it is an automated system, which would not clean the entire truck, as the township would need.

 

Council members commented and complimented everyone on the job done to make this possible.  Mr. Schmidt stated that he would like to recommend naming the facility after PFC Donald Brown who served his country and lost his life defending it. 

PFC Brown was a resident of Roxbury Township.

 

Mayor DeFillippo stated that we would address this issue in the near future.

 

Mr. McGrath thanked the Council for the building because it will make their job easier and allow them to operate in a professional manner.

 

PERSONNEL CHANGES

Memo dated June 18, 2009 from Judy Riley

 

COMMUNICATIONS

June 12, 2009

#4  Correspondence from Robin R. Alston-Santiago, Distribution Specialist, JCP&L, to Mayor, dated June 10, 2009, re:  information on providing the installation of temporary decorative lighting.  Mr. Raths stated that this has been forward to Mr. Blood for review.

 

#5  Correspondence from Armand Perez, Acting Region Supervisor Bureau of Coastal and Land Use Compliance and Enforcement, NJDEP, to Jeff Seger, Director of Mining Operations, County Concrete Corp., dated May 29, 2009, re: Notice of Violation.  Mr. Rilee asked if this was a violation.  Mr. Bucco is looking into it.

 

June 19, 2009

#2  Correspondence from Eileen Swan, Executive Director, Highlands Council, to Russell Stern, Director of Planning, dated June 8, 2009, re: Draft Highlands Master Plan Element Comments (also, copy of letter of response from Highlands Council to Somerset County) Council discussed Eileen Swan?s answers to Mr. Stern?s letter.  Mr. Raths stated that he is going to have Mr. Stern come in to the next meeting.  Mr. Bucco stated that he would like Russ Stern to contact NJDEP directly and Ms. Swan as well as the County to get some of the information in writing because; Ms. Swan is contradicting what she stated at the meeting here with the Council. 

 

#3  Correspondence from Douglas J. Bacher, Managing Director, Acacia Financial Group, Inc. to Christopher Raths, Township Manager, dated June 9, 2009, re: follow-up letter regarding recent meeting with Mr. Raths and Lisa Spring.  Mayor DeFillippo asked if we are pursuing this.  Mr. Raths stated that we are.

 

#9 Correspondence from Kevin Kratina, Chief, Bureau of Underground Storage Tanks, NJDEP, to residents Anthony & Maria Sanguino, dated June 8, 2009, re:  results of indoor residential air sampling analyses in the vicinity of the Bain?s Automotive/Mobil Quick Mart site.  Mayor DeFillippo asked if we had discussed this previously.  Mr. Raths stated that this is a follow-up letter.

 

PUBLIC PORTION

Robert Kluska

274 Emmans Road, Flanders

Mr. Kluska was concerned that we would be taking business away from local small businesses with the truck wash, but, based on Mr. Blood?s explanation is satisfied that it will not.  Mr. Kluska asked what the Township intends to do with the old DPW building on Main Street and asked if would be sold.  Mr. Rilee stated that currently the property is a part of the Township?s COAH plan and we cannot do anything until we get our third round approvals from the state.  If we can get the approval that property then may be freed up for other means.

 

Mr. Kluska asked if the regular meeting agendas would continue to have two public portions.  Council members stated that the meetings have been changed to all regular meetings with two public portions since January 2009.

 

EXECUTIVE SESSION

09-226             RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF ROXBURY, IN THE COUNTY OF MORRIS, NEW JERSEY AUTHORIZING CONFERENCE OF THE TOWNSHIP COUNCIL WITH THE PUBLIC EXCLUDED

 

At 9:35 PM, Mr. Rilee made a motion to adopt Resolution 09-226 for Executive Session.  Mr. Smith seconded the motion.

 

Roll Call:          All In Favor ? Yes

 

Motion Carried 6 to 0.

 

At 11:25 PM, the Council exited Executive Session and returned to Open Session.

 

 

ADJOURNMENT

At 11:25 PM, Mr. Schmidt made a motion to adjourn the meeting.  Mr. Zoschak seconded the motion.

 

Roll Call:          All In Favor ? Yes

 

Motion Carried 6 to 0.

 

Submitted By:

 

 

 

________________________

BettyLou DeCroce

Township Clerk

MINUTES APPROVED BY COUNCIL

DATE:                        July 14, 2009

ROLL CALL:            Mr. Schmidt ? yes        Mr. Rilee ?yes

                                    Mr. Behrens ? abstain   Mr. Hall ? yes

                                    Mr. Zoschak ? yes       Mayor DeFillippo - yes