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TOWNSHIP OF MAHWAH
COMBINED WORK SESSION MEETING AND
PUBLIC SESSION MEETING MINUTES
THURSDAY, AUGUST 10, 2006

The meeting was called to order at 8:02PM by Council President DiGiulio who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 5, 2006 and July 21, 2006 stating this meeting would be held on Thursday, August 10, 2006 in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

Notice of this meeting is posted on the Municipal Bulletin Board. The minutes of this meeting shall be available in the Municipal Clerk’s Office.

Salute to the Flag.

Present: Councilmembers Alderisio, DaPuzzo, DiGiulio, Hermansen, Kidd and Roth
Absent: Councilmember Larson

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerard Spiesbach, Township Utility Engineer’s Associate Justin Mahon and Municipal Clerk Kathrine Coletta.

CONTINUATION OF PUBLIC HEARING; VERIZON
The Township Attorney reported a request was made from the legal counsel from Verizon to carry the Public Hearing for one month.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
DiGiulio attended the wetdown at Fire Company #4.

TOWNSHIP COUNCIL: COMMENTS, COMMUNICATIONS and REPORTS OF SUBCOMMITTEES
DiGiulio reported the March of the W3R will come through the Township on August 25, 2006 at 9:30AM. Place shall be announced in the newspaper. On August 26, 2006, the Havemeyer House will be open from 1 to 5PM with memorabilia on display. Also, from September 9 through December 16, 2006, the Mahwah Museum will have a historic display. Hours of the display are 1 to 5PM.

Alderisio questioned if the Township’s contract with Cablevision will be effected by the recent legislation enacted. The Township Attorney answered he does not believe any impact with occur.

REPORTS OF MAYOR and BUSINESS ADMINISTRATOR
The Business Administrator announced the Curb and Sidewalk Program work will be starting shortly.



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August 10, 2006
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PUBLIC PORTION
On a motion by Alderisio, seconded by Hermansen, the meeting was opened to the public at 8:12PM. All in favor. Motion carried.

Mrs. Dawn DiLeone of 11 Aspen Court asked for an update on the fire siren issue. She understood the fire sirens would not sound between the hours of 11PM and 7AM. Mayor Martel answered the person who programs the equipment is not available until the beginning of next week. The actual start date of limiting the fire sirens will be delayed. The Mayor also informed Mrs. DiLeone that a review of the pagers will be undertaken. And the location of the repeaters for the pagers will be reviewed. Thereafter, the Mayor shall review the report and make determination. Anticipate report being received within 3 to 4 weeks.

Mr. Bronislaw Idasiak of 115 Reich Avenue complained about a company spraying chemicals on brush in the area of Brook Street. He complained the chemicals were so strong they made his wife choke. Mr. Idasiak contacted the Township Board of Health who referred him to the Department of Environmental Protection. The Department of Environmental Protection referred Mr. Idasiak back to the Township Board of Health. Mr. Idasiak is concerned that the Township is being poisoned. The Business Administrator interjected he has spoken with the Board of Health. The Contractor who was at the site is licensed and was doing work for Rockland Electric. The Mayor has asked the Board of Health to contact the company and find out exactly what chemicals were used. Mayor shall contact Mr. Idasiak.

Mr. Idasiak also complained about the Department of Public Works employees vehicles with offensive exhaust funds. He complained the vehicles are left running for extended periods of time.

Mrs. Rosemary Bergman of 193 Mahwah Road is a volunteer on Saddle River Rescue. She stated their pagers work sometimes and not others. She asked for an update on what is happening with the fire siren issue in the Township. The Mayor answered the Township’s pagers work most of the time. The Fire Department has a concern if the pagers are the sole means of notification to the firefighters problems may occur. An in-depth survey will be conducted. Based upon the survey, it will be determined if the pagers are a good means for notification. The sirens will not be done away with totally. Consideration is being given to curtailing the use of the fire sirens from 11PM to 7AM.

Mrs. Bergman complained on the corners of the Malcolm Road and Maysenger Road one can hardly see the stop signs due to the overgrowth of foliage. Mayor Martel shall take care of.

Mr. Emilios Kokkinos of 92 Eastview Avenue complained about the siren sirens going off at all hours of the night waking him up.

Mr. Peter Cassotis of 107 South Mahwah Road asked if the firefighters are indemnified if they fail to response to a paged call. The Township Attorney answered the volunteers are covered under Title 59.

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August 10, 2006
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Mr. Cassotis spoke of the high school last year taking away the area which the Mahwah Sports Boosters stored their athletic equipment. Mr. Cassoitis complained there is not a suitable location for the equipment to be stored. Mayor Martel answered Raia Self Storage had donated a unit. He was approached by the Recreation Committee for additional space but was told it was not critical immediately.

Mr. Raymond Meizys of 127 Church Street pointed out there are 22 towns in Bergen County who do not use fire sirens at all.

Mr. Albert Kidd of 851 Darlington Avenue suggested the Township acknowledge the 103rd birthday of Township resident John Gera.

Mr. Kidd complained that last Thursday at 9:30PM the lights to Commodore Perry Field were on and no one was using the field. He also complained about same at Continental Soldiers Field.

Mr. Kidd questioned why the Township is getting involved in the acquisition of the Darlington School House. DiGiulio answered the County had an opportunity to acquire the property. The County approached the Township to be part of the acquisition. DiGiulio reinerated that the Township will not be paying any funds on this acquisition.

On a motion by Roth, seconded by Alderisio, the meeting was closed to the public at 8:47PM. All in favor. Motion carried.

WORK SESSION
SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims was asked to contact Administration prior to the Public Meeting.

ENGINEERING (Boswell-McClave)
1a. Wyckoff Avenue and Forest Road Intersection Improvements; Project Update
The Township Engineer’s Associate reported remedial work has been completed. The stripping
of the area has been completed. The area of Franklin Street outside the project area water is
ponding. The Township Engineer reported the County will be addressing this issue within 2
weeks at no cost to the Township.

1b. Written Status Report
MA-333: Corporate Drive and Route 17 Intersection - The Township Engineer’s Associate
reported warning signs have been installed. He spoke to the Department of Transportation,
Bureau of Civil Engineering and they are reviewing the radius of the turn. They anticipate
the review taking another 3 months. Mayor Martel was unhappy hearing that it will take the
DOT another 3 months to make a determination. He asked for the Township Engineer’s
Associate to contact the DOT to expedite this matter. The Township Engineer interjected he
shall request a meeting be held here at the Township
with the DOT to discuss this issue.

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August 10, 2006
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DiGiulio questioned if the DOT has a Maintenance Program. She complained about the
overgrowth of the shrubs and brush in the area of the train trestles. The Township Engineer shall
have this item discuss with the DOT at the meeting.

Alderisio asked if the Township is partnering with the DOT on the Corporate Drive and Route 17
Intersection Project and whether there will be any cost to the Township. The Township
Engineer’s Associate answered it is possible the Township will be asked to pay for
easement costs and the DOT will pay the construction costs.

DaPuzzo pointed out the Planning Board has been discussing the Home Depot entrance and exit.
The signage is not helping. The Township Engineer shall discuss this item at the meeting with
the DOT.

MA-478: Hilltop Road and Airmont Avenue Intersection - The County has not submitted the
documents to the State. It is anticipated this shall be done within one month. Thereafter, it shall
take the State one month to review the documents. Construction is most likely going to start in
Spring of 2007.

Ramapo River: the Township Engineer’s Associate spoke with the Army Corps
representative. The NJDEP has signed the Design Agreement. They are waiting for New York
to sign their Design Agreement. It is expected to be received in a few days.

Ridge Road Paving: The Township Engineer’s Associate reported the contractor will be at the
site on next Thursday in the evening to mill the road. On Friday, the milling will continue and
the paving will start 2 hours thereafter. The Township will be notifying residents in the area.

The Curb Program will begin on Monday. The paving of the Roads in the 2006 Road
Improvement Program will tentatively start on the week of August 21st or 28th. No firm date has
yet been established.

MA-336: Mahwah Honda Drainage - Roth questioned if the Agreement with the Planning Board
is being checked to ensure it is consistent with what has been coordinated. The Township
Engineer’s Associate assured Roth this is being done.

MA-898: Police Department, Fire Company #1 and Winters Building Parking Lot
Improvements - Roth questioned if the meeting has occurred and if so the results of the meeting.
The Township Engineer’s Associate answered the meeting was held on August 8, 2006. Minor
changes were requested by the Fire Department. He met with the representatives of the
museum and they are in general consensus with the plan.

DiGiulio pointed out the museum will be open starting September. She asked when the work
will be starting. The Township Engineer’s Associate answered work is not anticipated to start
until Spring of 2007. DiGiulio asked if there will be an area for parking. The Business

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August 10, 2006
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Administrator assured DiGiulio there will be a parking area.

DiGiulio questioned the speed limit sign and blinking lights by Young World Day School. The
Township Engineer’s Associate answered we are waiting to receive approval from the State.
The Township Engineer interjected this item will also be discussed at the meeting with the DOT.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Proposal; 2006 Water and Sewer Capital Improvements
Roth requested a breakdown of the basic costs and the optional services. The Township Utility Engineer answered no optional services are anticipated. Roth asked for an estimate.

Roth asked how old the SCADA computer is. The Township Utility Engineer’s Associate answered 5 years old. Roth asked why we need a new console. The Township Utility Engineer answered the present console is more susceptible to being damaged.

Roth asked on the Ridge Road Value Pressure Control Replacement what is wrong with the present one. The Township Utility Engineer answered the present one is 25 to 30 years and in need of replacement. The Township Utility Engineer explained the new valve will be a pressure reducing valve.

Roth questioned of the cost of this project how much of the money is in the current Budget. The Business Administrator answered money is in the 2006 Capital Budget.

Hermansen questioned of Page 2 of the letter Section 2.1 the last four bulleted items, are funds available. The Township Utility Engineer answered it is intended for these items to be bid out as optional.

Hermansen asked if there is not enough money to do the four items will their still be a benefit. The Township Utility Engineer’s Associate answered the wells will still be operable. The Township Utility Engineer answered these items are not critical for the stations to function.

Roth requested additional information on the breakdown of the costs. The Township Utility Engineer shall provide information in the form of a memorandum.

Item shall be carried to the Combined Work Session/Public Meeting of August 24, 2006.

2b. Written Progress Report
Test Well 18A; The Township Utility Engineer reported approval is anticipated next week.

Hydrologic Analysis: The Township Utility Engineer explained the information has been received and is in the process of being populated.


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August 10, 2006
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Corrosion Control: Alderisio questioned what chemicals are used and what safeguards are used. The Township Utility Engineer answered orthophosphate is used. It is fed in small doses. The Township Utility Engineer’s Associate answered that if the equipment malfunctions, in health terms there is a low risk.

Hermansen asked when the old station well would be used. The Township Utility Engineer answered the well is not used often by the Department of Public Works. He shall check with the Water Department on the frequency of the use.

Hermansen questioned why the well is not shut down if it is used infrequently. The Township Utility Engineer answered this action was recommended in the Wells Facility Report.

Kidd questioned as a result of the runoff from Route 17 and I-287 could the Township get additional water allocations. The Township Utility Engineer answered this request shall be included when the Allocation Permit Paperwork is prepared.

LEGAL
3a. International Property Maintenance Ordinance Revision; Discussion
Township Attorney recommended item be reviewed by the Ordinance Review Committee. Item shall be carried until comments are received.

ADMINISTRATION
4a. Mulberry Drive and Juniper Way Traffic Regulations Report; Discussion
The Business Administrator updated Council:
1. Left Turn Onto Brook Street: The Police Department contacted the County Engineer who spoke to the DOT. Between the Police Department, DOT and County Engineer, the matter is expected to be resolved shortly.

2. McIntosh Drive: the Business Administrator is working with the Police Department. Recommendation will be made to install speed humps. Additional information shall be forthcoming in 2 weeks.

3. Mulberry Drive: The Business Administrator received a telephone call from the President of Darlington Ridge. Darlington Ridge does not object to the removal of the chicane of the two Do Not Enter signs. Darlington Ridge has requested a letter form the Township saying the chicane and Do Not Enter signs can be removed. The Township Attorney shall write the letter.

The Business Administrator advised Council the costs to remove the chicane and the signs has not been addressed.

Kidd referred to the report received on the number of tickets issued in the area. He suggested a Police Officer be placed at the location or an old police car to deter those speeding. He also suggested the speed limit be enforced on that street. The Business Administrator explained the

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August 10, 2006
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direction of the Police Department if done by the Police Chief. It is the Police Chief’s judgment to allocate the staff.

4b. Authorization to Award Bids
1. MTB-06-20: Auto Parts
2. MTB-06-21: Police Department Ford Explorer or Equal Purchase with Trade In
Individual Resolutions shall be voted on in the Public Meeting.

4c. Rejection of Bid #MTB-06-18: Police Building Renovations and Authorization To
Re-Bid
Roth questioned the benefit of rebidding. The Business Administrator explained that one year ago to do the renovations would have cost $1.8 million in construction costs. The cost of construction materials has increased. The Business Administrator does not feel any further alternates can be removed. The Business Administrator went on to further say if bids are again solicited and exceed the cost allocated the Township can then negotiate with the lowest bidder.

Kidd does not feel the renovations are necessary. He feels only the required work should be completed.

Resolution shall be voted on in the Public Meeting.

4d. Antenna Lease Revision; Discussion
1. Sprint/Nextel
2. Cingular
The Business Administrator requested carrying to the August 24, 2006 Combined Work Session/Public Meeting.

4e. Phase 5 Sewer Project; Ordinance #1553 – Memorandum
The Business Administrator explained at the Public Hearing in the Public Meeting it shall be necessary to amend the Ordinance.

TOWNSHIP COUNCIL and MUNICIPAL CLERK
5a. September 11th; Discussion
Council concurred a ceremony shall be held on Sunday, September 10, 2006 at 6:00PM. Details shall be discussed at the August 24, 2006 Combined Work Session/Public Meeting.

5b. Raffle Application
1. Mahwah High School Thunderbird Sports Booster Club (On Premise, 50/50)
2. Township of Mahwah DARE Alliance Committee Inc. (Off Premise)
The above Raffle Applications were tentatively approved. Final approval shall be voted on at the Public Meeting.



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August 10, 2006
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PUBLIC SESSION
APPROVAL OF BILLS AND CLAIMS
On a motion by DaPuzzo, seconded by Roth, the Bills and Claims, previously signed, totaling $4,499,680.87, were approved. Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES:
On a motion by Roth, seconded by DiGiulio, the Public Meeting Minutes of June 8, 2006 and June 22, 2006 were approved. Roll call vote: Alderisio, yes; Roth, yes; DiGiulio, yes.

On a motion by Roth, seconded by DaPuzzo, the Reorganization Meeting Minutes of July 6, 2006 were approved. Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes.

On a motion by Roth, seconded by DaPuzzo, the Combined Work Session/Public Session of July 13, 2006 and July 27, 2006 were approved. Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes.

PUBLIC PORTION
On a motion by DaPuzzo, seconded by Roth, the meeting was opened to the public at 10:47PM. All in favor. Motion carried.

Kidd feels it is unconstitutional for the public to be required to state their name and address.

Mr. Alex Michelini of 597 Lilac Lane thanked Mr. Campion for his report on Mulberry Drive and Juniper Way. Mr. Michelini pointed out one issue remains to be resolved – the investigation of the police activity in the area. Mr. Michelini feels tickets were issued to residents that should not have been issued. Mr. Michelini shall provide the Business Administrator with the information. Mr. Michelini urged the Council to issue refunds to those who were wrongly issued traffic summonses.

Mr. Albert Kidd of 851 Darlington Avenue questioned why the speed limit on Macintosh Drive is 25 miles per hour.

Mr. Walter Derrig of 144 Miller Road feels bothered by the Council being threatened by residents on the fire sirens.

Ms. Monica Ullrich of Mulberry Drive suggested the speed limit on Mulberry Drive be reduced to 15 miles per hour if the road is opened.

Mrs. Rosemary Bergman of 193 Mahwah Road complained about speeding on Mahwah Road. Mrs. Bergman further asked who was to inform the residents that the Police and Fire Academy

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August 10, 2006
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was open as a cooling center for the recent two days when the temperatures were extremely high. She feels it was a waste of time that the building was opened and no one showed up. Mrs. Bergman again questioned who informs the residents. DiGiulio as answered an advertisement was in The Record. This was all coordinated through the County.

On a motion by Roth, seconded by Hermansen, the meeting was closed to the public at 11:09PM. All in favor. Motion carried.

ORDINANCES – PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24 OF THE TOWNSHIP MUNICIPAL CODE ENTITLED “ZONING” TO PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL HOUSING LIAISON TO ADMINISTER THE TOWNSHIP’S AFFORDABLE HOUSING PROGRAM AND TO ENFORCE REGULATIONS PROMULAGATED PURSUANT TO THE FAIR HOUSING ACT

On a motion by DaPuzzo, seconded by Roth, the meeting was opened to the public. All in favor. Motion carried.

On a motion by Roth, seconded by Hermansen, the meeting was closed to the public. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Hermansen, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1551

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE ESTABLISHING A COMMUNITY CABLE TELEVISION COMMITTEE IN THE TOWNSHIP OF MAHWAH.

On a motion by DaPuzzo, seconded by Roth, the meeting was opened to the public. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Roth, the meeting was closed to the public. All in favor. Motion carried.

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August 10, 2006
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On a motion by Roth, seconded by Hermansen, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1552

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes.

* * *
The title of an Ordinance was read as follows:
BOND ORDINANCE AMENDING BOND ORDINANCE #1507 OF THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY FINALLY ADOPTED ON JUNE 23, 2005 IN ITS ENTIRETY.

On a motion by DaPuzzo, seconded by Roth, the meeting was opened to the public. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue questioned if there are any exemptions. The Business Administrator answered by existing Ordinance there are exemptions.

On a motion by DaPuzzo, seconded by Alderisio, the meeting was closed to the public. All in favor. Motion carried.

The Township Attorney determined that as the Ordinance has been amended to include language which was omitted, it will be necessary to readvertise the Ordinance.

On a motion by DaPuzzo, seconded by Roth, the Ordinance is hereby amended and the Municipal Clerk is hereby authorized to readvertise the Ordinance. Public Hearing shall be held on September 14, 2006. Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE OF THE TOWNSHIP OF MAHWAH AUTHORIZING THE SALE OF LOT 121 IN BLOCK 126, LOCATED ON AIRMONT AVENUE, PURSUANT TO THE LOCAL LANDS AND BUILDINGS LAW.

On a motion by DaPuzzo, seconded by Hermansen, the meeting was opened to the public. All in favor. Motion carried.



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August 10, 2006
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On a motion by DaPuzzo, seconded by Roth, the meeting was closed to the public. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Roth, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1554

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes.

CONSENT AGENDA
Resolution #060-06A was removed from the Agenda and will be discussed at the August 24, 2006 Combined Work Session/Public Meeting.

Resolutions #061-06A through #063-06A were voted on individually and are attached to and made part of these Meeting Minutes.

Approval of Raffle Applications
Mahwah High School Thunderbird Sports Boosters Club
On a motion by Roth, seconded by DiGiulio, the Raffle Application for the Mahwah High School Thunderbird Sports Boosters Club was approved. Roll call vote: Alderisio, yes; DaPuzzo, recused; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGulio, yes.

Township of Mahwah DARE Alliance Committee Inc.
Kidd questioned several items on the Application which the Municipal Clerk shall obtain answers.

On a motion by Roth, seconded by Hermansen, the Raffle Application for the Township of Mahwah DARE Alliance Committee Inc. was approved. Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, no; Larson, absent; Roth, yes; DiGiulio, yes.

DiGiulio asked any Councilmember who is unable to attend the Special Work Session Meeting on August 22, 2006 to let the Municipal Clerk know.

On a motion by Hermansen, seconded by Roth, the meeting was adjourned at 11:28PM. All in favor. Motion carried.

Respectfully submitted,





Kathrine G. Coletta, RMC/CMC
Municipal Clerk





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