TOWNSHIP OF MOORESTOWN TOWNSHIP COUNCIL OFFICIAL ACTION MEETING

February 26, 2018

The Regular Meeting of the Moorestown Township Council was called to order by Mayor Jordan at Town Hall, Council Chamber, 111 West Second Street, Moorestown at 7:30 p.m. Attendance was as follows:

Stacey F. Jordan, Mayor Thomas J. Merchel, Township Manager/CFO Manuel Delgado, Deputy Mayor Patricia L. Hunt, Township Clerk Victoria Napolitano, Councilmember Anthony Drollas, Jr., Township Solicitor Lisa Petriello, Councilmember Michael Locatell, Councilmember (absent)

MAYOR'S STATEMENT: At 7:30 p.m., Mayor Jordan read the Open Public Meetings Act statement in full, as printed on the agenda.

"Notice of this meeting has been provided in accordance with the Open Public Meetings Act” by: 1. Posting a copy of the Annual Meeting Schedule on the bulletin board in the Municipal Complex and emailing a copy to the Courier Post, Philadelphia Inquirer and all those requesting copies on January 9, 2018. 2. Posting a copy of the agenda on the bulletin board at the Municipal Complex. 3. Filing a copy of the agenda in the office of the Township Clerk at the Municipal Complex. 4. Forwarding a copy of the agenda to the Courier Post and the Philadelphia Inquirer. 5. Forwarding a copy of the agenda to each person who has requested copies of the regular meeting schedule. All of the above posting, filing and mailing have taken place on the 23rd day of February, 2018.

WORKSHOP (INFORMAL DISCUSSION) – Workshop Not Held.

7:30 P.M. OFFICIAL ACTION

MOMENT OF SILENCE and FLAG SALUTE: At 7:35 p.m., the Official Action meeting began with a moment of silence and the flag salute. Mayor Jordan asked for all to remember those victims of the Oakland Park school shooting in Florida in their prayers.

DISCUSSION: None.

1. Reports from Members of Council

Ms. Petriello advised the Tree Planting and Preservation Committee met. The Arbor Day Celebration will be held on April 27, 2018 at 10 a.m. at the Upper Elementary School. Ms. Petriello commended the Coach Pederson celebration at the Community House on Saturday. She especially thanked Coach Pederson and Coach Chung for the giving of their time and her delight in seeing the community come together. She repeated Coach Pederson’s comment at the event that, “One man can make a difference, a team can make a miracle.” Page 2 February 26, 2018

Mr. Delgado noted what an amazing event it was on Saturday; the commended Mayor Jordan for her leadership in bringing it about. He also thanked Chief Lieber, the police department and Theresa Miller.

Ms. Napolitano advised that there will be a Sustainable Moorestown meeting on February 8, 2018 at 7 p.m. She echoed the comments previously made adding that it was wonderful to hear from the coaches about how much they love being a part of the Moorestown Community.

Mayor Jordan echoed the comments reiterating that it was an amazing event and that she had not realized how much goes into planning such an event. Mayor Jordan thanked Ms. Hunt (proclamation), the residents that came forward offering their time, skills and equipment; Chuck Ogle (stage setup), Trevor Durham (promotion planner), Theresa Miller (organizer), and Carin Lynch (Executive Director, Community House), Chief Lieber and his staff. Mayor Jordan spoke of how the whole event warmed her heart and how genuine, good-hearted and down-to-earth Coaches and Eugene Chung are. She thanked them and their families noting it is wonderful to have them as part of the Moorestown community.

Mayor Jordan advised that she attended the Eagle Scout Ceremony for John Borton; she congratulated him.

2. Scheduling Items: None

3. Upcoming Meeting(s) Municipal Complex – 111 West Second Street a. March 12, 2018 – 7:00 p.m. (Workshop) 7:30 p.m. (Official Action) (Council Chambers) b. March 26, 2018 – 7:00 p.m. (Workshop) 7:30 p.m. (Official Action) (Council Chambers)

5. Agenda Updates: None

1. Resolution No. CA 02 26 2018 Adopting Consent Agenda Resolution: Mayor Jordan asked for a motion to adopt the consent agenda resolution:

MOTIONED BY: Mr. Delgado SECONDED BY: Ms. Napolitano ROLL CALL VOTE: All in favor

RESOLUTION APPROVING CONSENT AGENDA

WHEREAS, Consent Agendas include routine items of business which are not controversial; do not require individual discussion; and are voted upon as one item by the Governing Body; and

WHEREAS, any item may be removed from the Consent Agenda by the request of any Council Member; and

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WHEREAS, if so removed, said item(s) will be treated as a separate matter(s); and

WHEREAS, the Township Council has reviewed the Consent Agenda and determined that the matters listed are matters which require official action; but do not require further deliberation or discussion.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Moorestown, County of Burlington, State of New Jersey, that it hereby:

x a. Approves the Consent Agenda as written on the agenda.

b. Approves the Consent Agenda as written with the exception of the following item(s):

______c. Requests that all matters on the Consent Agenda be handled separately.

PRESENTATIONS AND PROCLAMATIONS: Mayor Jordan advised that the following proclamations have been presented and she asked that they be marked into the record.

1. Proclamation - Citizen of the Year

PROCLAMATION

WHEREAS, Kathy Goldenberg has been named Moorestown’s “Citizen of the Year” for her dedication to the Moorestown community through her leadership and involvement in countless civic activities including but not limited to her work with the Moorestown Board of Education; and

WHEREAS, Kathy Goldenberg has given freely of her time, expertise and interpersonal skills in order to improve the quality of life in Moorestown and beyond, including leadership and volunteer services in the following community activities and events:

 Moorestown Board of Education long-standing member & Past President  Member of the Garden State Coalition of Schools  Moorestown Home & School Chair for Baker & Past President  Served in many volunteer areas and supports local charities, such as: o Moorestown Breakfast Rotary Pancake Breakfast o Moorestown Community House o The Tender - Senior Care o Moorestown Ecumenical Neighborhood Development (MEND) o MooreKids

WHEREAS, these are only a representative sample of the many accomplishments and remarkable humanitarian efforts Kathy Goldenberg, has spent years volunteering for and supporting that benefit Moorestown and the community. Page 4 February 26, 2018

NOW, THEREFORE, I, Stacey F. Jordan, Mayor of the Township of Moorestown in the County of Burlington, State of New Jersey, do hereby proclaim:

February 7, 2018 as CITIZEN OF THE YEAR DAY - HONORING Kathy Goldenberg and ask that all citizens join me in expressing sincere thanks for the outstanding service Kathy Goldenberg has so generously given to our community, and offering congratulations and best wishes to her for continued success in all of her future activities.

Given, under my hand and the Seal of the Township of Moorestown this Seventh day of February in the Year of Our Lord Two Thousand Eighteen. Stacey F. Jordan, Mayor

2. Proclamation - Cupid’s Chase 5k Day

PROCLAMATION

WHEREAS, Community Options, Inc. has been supporting people with disabilities since 1989; and

WHEREAS, Community Options, Inc. is a National Non-Profit organization that began with the belief that all persons, regardless of their level of disability, can and should live and work in their community with dignity, choice and self-determination; and

WHEREAS, Community Options, Inc. continues their mission of developing housing, employment opportunities and advocacy assistance for people with disabilities through generous community contributions; and

WHEREAS, Community Options, Inc.’s signature fundraising event “Cupid’s Chase” taking place at Moorestown’s Strawbridge Lake, benefits the local operation of 20 group homes and two-day programs serving over 48 individuals daily; and

WHEREAS, Community Options, Inc. is holding 39 races throughout 11 states this February 10th and to date have raised over $1 million; and

WHEREAS, the Township of Moorestown supports Community Options, Inc. and their commitment to ensure quality of life for disabled individuals.

NOW, THEREFORE, I, Stacey F. Jordan, Mayor of the Township of Moorestown in the County of Burlington, State of New Jersey, do hereby proclaim: Page 5 February 26, 2018

Saturday - February 10, 2018 As Cupids Chase 5k Day in Moorestown, and urge our citizens to become educated and informed about services, programs, and opportunities to support individuals with disabilities and their families.

Given, under my hand and the Seal of the Township of Moorestown this 10th day of February in the Year of Our Lord Two Thousand Eighteen. Stacey F. Jordan, Mayor

3. Proclamation - Hometown Celebration - Couch Doug Pederson

PROCLAMATION

Whereas, the attributes of a great leader include qualities such as ambition, vision, motivation, charisma, experience, understanding and empathy; and

Whereas, not only does a great leader possess these qualities, he has the ability through his management style, to motivate and instill these qualities in others; and

Whereas, these qualities are greatly demonstrated, learned and practiced in sports where players learn and develop vital life-skills such as team work, discipline, mental fortitude and work ethic; and

Whereas, a great coach knows not only how to play the game, but he knows how to create a bond amongst the team, build character in the players and hand ownership of the task to the individual players knowing that ownership will result in the team working harder and unity for a common purpose - to win the game; and

Whereas, Coach Pederson, Head Coach of LII Champions, the , and member of the Moorestown Community, exemplifies these attributes; and

Whereas, the Moorestown Township Council recognizes the importance of great leadership in a community and how sports connect and draw people from all walks of life, ethnicities and cultures together for a common purpose thereby creating a sense of community; and

Whereas, Coach Pederson led the Philadelphia Eagles in its upset over the and to its history breaking 41-33 win, in the Super Bowl; and

Whereas, on February 4, 2018, the Philadelphia Eagles brought home the Lombardi Trophy, titled in honor of the greatest coach and leader in the history of American Sports; and

Whereas, Doug Pederson exemplifies Moorestown’s values of community, teamwork, dedication and resolve; and Page 6 February 26, 2018

Whereas, Moorestown is proud to be the home of Doug Pederson, a man who has demonstrated Dilly Dilly (remarkable) leadership skills in the face of adversity; and to be an overcomer for not only his team, but the fans of the Philadelphia Eagles; and

Whereas, In the End, this victory was led and won by an “Audience of One.”

Now, Therefore, Be it Resolved, that the Township Council of the Township of Moorestown, County of Burlington, State of New Jersey, do hereby proclaim February 24, 2018 to be

Coach Doug Pederson Day and we ask the residents of the Township of Moorestown to join in this wonderful celebration.

Be It Further Resolved that this victory remind all that where there is a fervent determination and a spiritual belief, All Things Are Possible!

Given, under my hand and the seal of the Township of Moorestown this Twenty-Fourth day of February in the Year of Our Lord Two Thousand Eighteen. Stacey F. Jordan, Mayor

4. Proclamation - Eagles Coach Eugene Chung

PROCLAMATION

Whereas, the success of any athletic team is dependent upon the talent and guidance of skilled coaches; and

Whereas, a great coach knows not only how to play the game, but how to work closely and forge a lasting trust with the members of his team; and

Whereas, the Moorestown Township Council recognizes the importance of great leadership in community and how sports connect and draw people from all walks of life, ethnicities, and cultures together for a common purpose, thereby creating a sense of community; and

Whereas, Coach Chung, in his role as Assistant Offensive Line/Tight Ends/Run Game Coach, played an integral role in shaping the Philadelphia Eagles team into Super Bowl LII Champions; and

Whereas, Coach Chung is a valued member of the Moorestown community who exemplifies Moorestown’s values of teamwork, dedication, and resolve; and

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Whereas, Moorestown is proud to be the home of Eugene Chung, a man who has demonstrated strong leadership skills and coaching abilities to deliver a victory to the fans of the Philadelphia Eagles.

Now, Therefore, be it Resolved that the Township Council of the Township of Moorestown, County of Burlington, State of New Jersey, do hereby proclaim:

EUGENE CHUNG

To be an outstanding and valued citizen of Moorestown and ask the residents of Moorestown to join in the celebration and recognition of Coach Chung’s accomplishments and achievements.

Given, under my hand and the Seal of the Township of Moorestown this 24th day of February in the Year of Our Lord Two Thousand Eighteen. Stacey F. Jordan, Mayor

ORDINANCES ON SECOND READING: None.

ORDINANCES ON FIRST READING: The Township Manager read Ordinance No. 1-2018 on first reading by title.

1-2018 An Ordinance Amending Ordinance No. 734 “The Moorestown Township Salaries and Compensation Ordinance of 1973,” as Amended and Supplemented, by Providing for Salary Adjustments for Clerical and Public Works Employees Covered Under the Labor Agreement with the Communications Workers of America – Local 1036

Mayor Jordan asked for discussion or a motion to introduce the ordinance on first reading and set the public hearing date for March 12, 2018 at 7:30 p.m.

MOTIONED BY: Ms. Petriello SECONDED BY: Mr. Delgado ROLL CALL VOTE: All in favor

CONSENT AGENDA RESOLUTIONS: The Township Manager read the Consent Agenda Resolutions by title and providing explanation on 73-2018 and 74-2018.

1. 69-2018 Rejecting All Bid in Connection with the North Church Street Recreation Project with Council’s Authorization to Re-bid with a Substantial Modification to the Scope of Work 2. 70-2018 Authorizing Contract Change Order No. 1 for the 2015k NJDOT Municipal Aid Project Pleasant Valley Avenue Improvements in the Total Decreased Amount of $62,119.03 3. 71-2018 Authorizing the Cancellation of Certain Water/Sewer Charges Page 8 February 26, 2018

4. 72-2018 Authorizing the Tax Collector to Cancel and Refund 5. 73-2018 Authorizing Signing of Three-Year Labor Agreement with the Communications Workers of America – Local 1036 6. 74-2018 A Resolution Authorizing Emergency Road Repair Work Through Burlington County’s Contract No. CEG-16-0060A to Cardinal Contracting Co., LLC in the Amount of $29,620.82

Mayor Jordan opened the floor for public comment.

Monique Begg, 209 Parry Drive, asked what the significant modifications in Resolution 69- 2018 will be. Mr. Merchel explained the bids received and advised that the (responsible) bids exceeded the engineer’s estimate. He advised that modifications will be made in connection with the plantings and railing (must reduce costs by at least $20,000). He advised of the design.

Edwin Begg, 209 Parry Drive, questioned the consistent need for change order approvals on capital projects. He questioned whether there is something wrong with the system that needs to be changed. Discussion was had; comment was made with regard to the various projects he referred to along with an explanation as to why change orders were/are necessary. Council did not feel that there was anything wrong with the system; it was explained that change orders, especially with capital projects, are not unusual due to size and scope of the work, the unforeseen circumstances, recommended improvements as the work progresses, etc. Mayor Jordan noted that in addition to change orders involving increases in the contract amounts, there are change orders for decreased contract amounts (one on the agenda tonight).

There being no further comments, the floor was closed.

Mayor Jordan asked for discussion or a motion to adopt the resolutions.

Ms. Napolitano advised that her husband is a member of the CWA (not this CWA, but another) and asked the Township Attorney if she should abstain from voting in order to alleviate any appearance of impropriety. Mr. Drollas advised that, without more information, he could not provide an opinion, but that if she felt more comfortable abstaining, same is acceptable.

MOTIONED BY: Mr. Delgado SECONDED BY: Ms. Petriello ROLL CALL VOTE: All in favor, with the exception of Ms. Napolitano, who abstained on Resolution No. 73-2018.

MINUTES: None.

APPROVAL OF EXPENDITURES: Mayor Jordan asked for discussion or a motion to approve the expenditures.

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MOTIONED BY: Mr. Delgado SECONDED BY: Ms. Napolitano ROLL CALL VOTE: All in favor

MANAGER’S REPORT: Mr. Merchel advised that he, staff and professionals will be meeting to discuss “no mow zones.” Also, the Rotary would like to plant approximately 150 saplings and ten mature trees in April at Locust Park. In closing, Mr. Merchel commended Mayor Jordan on organizing the Doug Pederson event; noting she was the force behind it.

COMMENTS FROM THE PUBLIC (Items listed on the Agenda): Mayor Jordan opened the floor. There being no comment, the floor was closed.

RESIDENTS REQUESTS & PRESENTATIONS (Items not listed on the Agenda): Mayor Jordan opened the floor.

Lauren Ramano, 222 Evergreen Drive, resident and Board of Education member, expressed her appreciation to Council for its efforts in keeping the number as low as possible (least impact on the community). She asked if Council plans on meeting with the Superintendent and/or Board of Education concerning the effect of the affordable housing plan on the school system. Mr. Merchel advised that once there is an agreement, he will be reaching out to the Superintendent of Schools. Mayor Jordan assured her that Council has kept the impact on the schools in mind and she confirmed same (that they will be in touch).

Monique Begg, 209 Parry Drive, advised that she had invited two of her students (freshman) from the enrichment program to attend in order to invite Council to the program’s Empty Bowl Dinner this weekend; however, they were not present. She introduced Zoey Campbell, age 6. Ms. Campbell handed the Township Clerk the invitation for Council. Ms. Begg read the invitation aloud noting the dinner will be held in the dining hall at the Moorestown Friends School.

Michael Cautero, 3 South Shirley Avenue, sought guidance from Council concerning an abandoned property next to his house (corner of Camden Avenue and South Shirley) and how property maintenance and safety might be addressed. He asked if the Township can contact the owner. He advised that the property is registered as vacant and the taxes are paid. After a brief discussion, Mr. Cautero was advised that the Township will look into the matter and take whatever enforcement measures it can.

Ann Berk Barber, 4 South Shirley Avenue, addressed Council concerning the same neighboring property. She advised that the Township has entered the property to shut off the water in the past (burst pipes; water runoff onto her property). She expressed concern with her safety. She advised that there has been altercations at the property in the past to which the police had to respond. She advised that the property has been vacant for at least five years. Ms. Barber expressed concern with it being poorly lit, mold, overgrowth and the invasive bamboo that is spreading to her property. Mayor Jordan asked that the two provide all information to Mr. Zappasodi, Director of Community Development, who was in the audience. Mr. Delgado advised of the process concerning designating a house as “abandoned;” he felt that, from what was represented, the house could be found to be “abandoned,” pursuant to Code. Page 10 February 26, 2018

Jeffrey Hipple, 418 North Church Street, made suggestion with regard to the Township employing a housing inspector(s). A housing inspector could address concerns as they relate to affordable housing as well as the issue that was spoken about prior to his comments. Mr. Merchel advised that the Township Zoning Officer addresses property maintenance and abandoned property issues. Mayor Jordan thanked Mr. Hipple for his input.

Dennis Funaro, 14 East Second Street, applauded Council for its work in connection with the town’s affordable housing plan. He advised that he has been watching current work and he is also aware of the Township’s plan all the way back to 1977. Mr. Funaro questioned whether the Township had anyone on its team that had institutional knowledge about the history of affordable housing in Moorestown. He was advised that Jack Terry, former Township Manager and the Township’s affordable housing planner, Clarke Caton Hintz, have institutional knowledge and are with the Township today. Mr. Funaro indicated that his primary point this evening is to advise that he does not feel that the Nagle tract should be taken off the table for consideration of one-hundred percent affordable housing. He advised that the land was purchased in 1987-88 as part of the first plan back then and a settlement agreement (with Moorestown Hunt and Laurel Creek). He said had it not been for that settlement agreement the Moorestown Hunt and Laurel Creek developments would not exist. (As part of the settlement, the Nagle tract of land was given to the Township to build affordable housing in lieu of inclusionary housing within the two developments). Mr. Funaro expressed his position against applying the standard that affordable housing needs to be placed around public transit. He said when you live in suburbia, you need a car. He also spoke about the use of the trust fund for the payment of sending credits to other towns (years ago) and paying the professionals. Mr. Funaro provided further comment with regard to what he felt was ironic. Mr. Funaro suggested that a legal opinion be given on what the options are on the Nagle site. He also asked for a full accounting of the affordable housing trust fund and how the monies have been used over the years.

Monique Begg, 209 Parry Drive, introduced Lorrell Lamarche, freshman student. Ms. Lamarche invited Council to the Empty Bowl dinner this Sunday from 3-5:30 p.m. at the Moorestown Friends School Dining Hall. Ms. Begg thanked Mr. Funaro for his comments.

CLOSING COMMENTS BY COUNCIL:

Ms. Napolitano thanked the Moorestown High School Interact Club for hosting their annual Soup for the Soul lunch drive (fundraiser for the hungry in the State). She congratulated them on another job well done.

Mayor Jordan thanked Mooretown High School students for their contribution to the Doug Pederson Day celebration, noting they were outstanding.

All thanked the public for attending.

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CLOSED SESSION: At 8:33 p.m., Mayor Jordan asked for a motion to adopt Resolution No. CS 02 26 2018 Authorizing Closed Session for purposes of discussing Matters Relating to Litigation, Negotiations and the Attorney-Client Privileges.

MOTIONED BY: Mr. Delgado SECONDED BY: Ms. Napolitano VOTE: All in favor

RESOLUTION NO. TCOA CS 02 26 2018 AUTHORIZING CLOSED SESSION

WHEREAS, the Township Council of the Township of Moorestown is subject to certain requirements of the Open Public Meetings Act, N.J. S. A. 10:4-6, et seq., and

WHEREAS, the Open Public Meetings Act, N.J.S.A 10:4-12, provides that a Closed Session, not open to the public, may be held for certain specified purposes when authorized by Resolution, and

WHEREAS, it is necessary for the Township Council of the Township of Moorestown to discuss in a session not open to the public certain matters relating to the item or items authorized by N.J.S.A. 10:4-12b and designated below:

______(1) Matters Required by Law to be Confidential: Any matter which, by express provision of Federal law or State statute or rule of court shall be rendered confidential or excluded from the provisions of the Open Public Meetings Act.

______(2) Matters Where the Release of Information Would Impair the Right to Receive Funds: Any matter in which the release of information would impair a right to receive funds from the Government of the United States.

______(3) Matters Involving Individual Privacy: Any material, the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to, information relative to the individual’s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.

_____ (4) Matters Relating to Collective Bargaining Agreements: Any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement, including the negotiation of the terms and conditions thereof with employees or representatives of employees of the public body.

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______(5) Matters Relating to the Purchase, Lease of Acquisition of Real Property or the Investment of Public Funds: Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.

______(6) Matters Relating to Public Safety and Property: Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law.

___X___ (7) Matters Relating to Litigation, Negotiations and the Attorney-Client Privileges: Any pending or anticipated litigation or contract negotiation in which the public body is, or may become, a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.

______(8) Matters Relating to the Employment Relationship: Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting.

______(9) Matters Relating to Potential Imposition of a Penalty: Any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party bears responsibility.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Moorestown, County of Burlington, State of New Jersey, assembled in public session, that a Closed Session closed to the public shall be held in the Town Hall, 111 West Second Street, Moorestown, New Jersey, for the discussion of matters relating to the specific items designated above.

It is anticipated that the deliberations conducted in closed session may be disclosed to the public upon the determination of the Township Council that the public interest will no longer be served by such confidentiality.

Mayor Jordan advised that there will be no action taken when Council returns to the public session.

At 8:35 p.m., Council entered into closed session.

At 9:40 p.m., Council returned to the public meeting. Due to the sensitivity of the matters, Council had nothing to report.

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ADJOURNMENT: At 9:40 p.m., there being no further business, a motion was made to adjourn.

MOTIONED BY: Ms. Napolitano SECONDED BY: Ms. Petriello VOTE: All in favor

PATRICIA L. HUNT, RMC Township Clerk