Meeting Agendas & Minutes

Regular Council Meeting Minutes 08/19/10

Minutes of the Conference Meeting of the Borough Council held August 19, 2010, at 7:30 p.m. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey.

Mayor Druetzler called the meeting to order and read the following notice:

I HEREBY ANNOUNCE AND STATE THAT ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY VIRTUE OF A RESOLUTION SCHEDULING THE TIME, DATE, AND PLACE OF MEETINGS OF THE BOROUGH COUNCIL OF THE BOROUGH OF MORRIS PLAINS FOR THE YEAR 2010; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 8TH 2010, AND WAS PUBLISHED IN THE MORRIS NEWSBEE AND IN THE DAILY RECORD AND BY THE FORWARDING OF SUCH RESOLUTION TO ALL PERSONS ON THE REQUEST LIST; BY THE POSTING OF SUCH RESOLUTION ON THE BULLETIN BOARD IN THE BOROUGH HALL; ALL OF THE ABOVE ACTIONS BEING IN ACCORDANCE WITH N.J.S.A. 10:4-6, ET SEQ.

 

Present on Roll Call: Mayor Frank J. Druetzler

Council President Jason C. Karr

Councilmembers: George J. Coogan

Laurie J. Fu

Suzanne B. McCluskey

Roman Zabihach

 

Absent: Joseph Cecala, Jr.

 

Also Present: Gail Fraser, Borough Attorney

 

 

DISCUSSION ITEMS

 

Mayor Druetzler advised that Councilmember Cecala has been designated as the Governing Body’s representative at the Mayors Healthy Cook-Off in Lincoln Park on Saturday, September 25th 2010.

 

Mayor Druetzler received an inquiry as to the interest level of receiving two restored railroad cars to place at the Freight Station. After polling Councilmembers, everyone agreed to obtain more information and discuss it further at a later date.

 

Mayor Druetzler provided a report on behalf of Councilmember Cecala. Items reported include: Fire department drills are taking place on Route 202; the e-ticket reporting appears to be viable by next September; Patrolman Lou Damiano will be retiring at the end of September; alarms will be monitored by County dispatch; and, at the September 8th JIF meeting it is anticipated we will receive $50,000 for the Police Department accreditation program.

 

Mayor Druetzler advised that there is an Ordinance on the Agenda to change the junior firefighter’s age requirement from 16 to 14 years of age.

 

Mayor and Council discussed the changes to the power lines proposed by the National Park Service. Mayor Druetzler advised that a meeting was held here with other Mayors and representatives from other towns to discuss the proposed alternate routes with PSE&G representatives. The proposed changes would go through 11 towns in Morris County, including Morris Plains, who were not affected previously. Councilmember Zabihach added that an Environmental Impact Statement will be prepared. The Mayors and town representatives will be meeting again.

 

Mayor and Council discussed items on the consent calendar and agenda. Attorney Fraser stated that Ordinance 10-2010 is scheduled for introduction this evening and is one of DEP’s stormwater requirements pertaining to fertilizer requirements. Attorney Fraser advised that she is working on a Land Development Ordinance to reclassify the R6 zone. She discussed the changes in great detail, and incorporated comments and recommendations made by other professionals and the Governing Body.

 

Mayor Druetzler discussed correspondence received regarding Shared Services and the Board of Education. The scope of the services was discussed. Dennis Mack, Superintendant, stated that the schools are busy with interior improvements in order to be ready for the school season to start. Landscaping will be performed once school re-opens.

 

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EXECUTIVE SESSION

Moved by Councilmember Coogan:

 

BE IT RESOLVED THAT Resolution No. 2010-87 entitled, "Executive Session" be adopted.

 

Seconded by Councilmember McCluskey. So ordered.

 

Councilmember Zabihach moved to adjourn the meeting at 8:27 p.m.

 

Seconded by Councilmember Coogan. So moved.

 

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Frank J. Druetzler, Mayor

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June R. Uhrin, Borough Clerk

Minutes of the Regular Meeting of the Borough Council held on August 19, 2010, at 8:38 p.m. in the Council Chambers, Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey.

 

Pledge of Allegiance and Prayer.

 

Mayor Druetzler called the meeting to order and read the following notice:

I HEREBY ANNOUNCE AND STATE THAT ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY VIRTUE OF A RESOLUTION SCHEDULING THE TIME, DATE, AND PLACE OF MEETINGS OF THE BOROUGH COUNCIL OF THE BOROUGH OF MORRIS PLAINS FOR THE YEAR 2010; WHICH RESOLUTION WAS ADOPTED BY THE BOROUGH COUNCIL ON JANUARY 8TH 2010, AND WAS PUBLISHED IN THE MORRIS NEWSBEE AND IN THE DAILY RECORD AND BY THE FORWARDING OF SUCH RESOLUTION TO ALL PERSONS ON THE REQUEST LIST; BY THE POSTING OF SUCH RESOLUTION ON THE BULLETIN BOARD IN THE BOROUGH HALL; ALL OF THE ABOVE ACTIONS BEING IN ACCORDANCE WITH N.J.S.A. 10:4-6, ET SEQ.

 

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Present on Roll Call: Mayor Frank J. Druetzler

Council President Jason C. Karr

Councilmembers: George J. Coogan

Laurie J. Fu

Suzanne B. McCluskey

Roman Zabihach

Absent: Joseph Cecala, Jr.

 

Also Present: Gail Fraser, Borough Attorney

Leon C. Hall, Borough Engineer

 

 

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APPROVAL OF MINUTES

 

Councilmember Karr moved:

 

BE IT RESOLVED that the minutes of the Executive, Conference & Regular Meeting of July 15, 2010 be approved.

Seconded by Councilmember Fu. So ordered.

 

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APPROVAL OF CONSENT CALENDAR

 

Councilmember Karr moved:

 

BE IT RESOLVED by the Mayor and Council of the Borough of Morris Plains, that the attached reports be accepted and that said reports be kept on file in the Clerk’s Office:

REPORTS

Borough Clerk, July 2010

Dog & Cat License, July 2010

Police Department, July 2010

Fire Prevention, July 2010

St. Hubert’s Giralda, July 2010

Building Inspector, July 2010

Tax Collector, July 2010

Municipal Court, July 2010

Treasurer, June & July 2010

Tipping Fees, June & July 2010

BE IT FURTHER RESOLVED

 

THAT Resolution No. 2010-88 entitled, "TRUSTWORTHY TAXI & LIMO, TAXI DIRVER LICENSE NO. TD1-2010," be adopted as attached.

 

THAT Resolution No. 2010-89 entitled, "TRUSTWORTHY TAXI & LIMO, LIMOUSINE OWNER LICENSE NO. L03-2010," be adopted as attached.

 

THAT
Resolution No. 2010-90 entitled,
"TRUSTWORTHY TAXI & LIMO, LIMOUSINE DRIVER LICENSE NO. LD2-2010," be adopted as attached.

 

THAT Resolution No. 2010-91 entitled, "APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE SUN VALLEY WAY PROJECT, BOROUGH OF MORRIS PLAINS, MORRIS COUNTY.

 

THAT Resolution No. 2010-92 entitled, "APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE WATNONG DRIVE AND SUN VALLEY WAY PROJECT, BOROUGH OF MORRIS PLAINS, MORRIS COUNTY.

 

THAT Resolution No. 2010-93 entitled, "APPROVING SETTLEMENT ON APPEAL FROM ASSESSMENT, BOROUGH OF MORRIS PLAINS adv. CHRISTOPHER HUNNINGHAKE, BLOCK 182, LOT 20 – 34 MALAPARDIS ROAD, DOCKET NO: 013608-2009," be adopted as attached

 

THAT Resolution No. 2010-94 entitled, "APPROVING SETTLEMENT ON APPEAL FROM ASSESSMENT, BOROUGH OF MORRIS PLAINS adv. XIAOLU YIN AND XUECHANG YU, BLOCK 72.01, LOT 11.01 – 46 OVERLOOK TRAIL, DOCKET NO: 014654-2009," be adopted as attached

 

THAT Resolution No. 2010-95 entitled, "BOROUGH OF MORRIS PLAINS, MORRIS COUNTY BUS STOP LOCATIONS," be adopted as attached.

 

THAT Resolution No. 2010-96 entitled, "RESOLUTION FOR RENEWAL OF MEMBERSHIP IN THE MORRIS COUNTY MUNICIPAL JOINT INSURANCE FUND," be adopted as attached.

 

THAT Resolution No. 2010-97 entitled, "MORRIS PLAINS FIRE ASSOCIATION #1, RAFFLE LICENSE NO. 222-10," be adopted as attached.

 

THAT Resolution No. 2010-98 entitled, "MORRIS PLAINS FIRE ASSOCIATION #1, RAFFLE LICENSE NO. 223-10," be adopted as attached.

 

THAT having polled the Council on July 23rd 2010, the Morris Minute Men were granted permission to serve alcoholic beverages at the Annual Picnic held Saturday, August 7th 2010, from 1:00 PM to 4:00 P.M. at Community Park.

 

THAT having polled the Council on July 23rd 2010, that Dudley North was granted permission to serve alcoholic beverages at a Family Birthday Party held Saturday, August 14th 2010, from 2:00 PM to 6:00 P.M. at Community Park.

 

THAT the residents of Hillside Court East be granted permission to hold a Block Party on Saturday, September 11th 2010, from 2:00 P.M. to 12:00 Midnight, that permission to serve alcoholic beverages be granted; and that the Road Department provide the necessary barricades

THAT the residents of Winding Way be granted permission to hold a Block Party on Saturday, September 11th 2010, from 3:30 P.M. to 9:30 P.M., that permission to serve alcoholic beverages be granted; and that the Road Department provide the necessary barricadesTHAT the residents of Overlook Trail be granted permission to hold a Block Party on Saturday, September 18th 2010, from 4:00 P.M. to 12:00 Midnight, that permission to serve alcoholic beverages be granted; and that the Road Department provide the necessary barricades.

THAT the Borough Council authorize the release and return of the one year maintenance, Maintenance Bond No. 39BCSFE8224M, Hawthorne Avenue, to A.J.M. Contractors, Inc, in the amount of $9,480.28, per the Borough Engineer’s correspondence dated July 16th 2010

 

THAT the Borough Council authorize the release and return of the one year maintenance, Maintenance Bond No. 39BCFSFE8223M, Academy Road, Foxwood Drive, Simons Park parking Lot, Old Wood Road, Sun Valley Way and Littleton Road, to A.J.M. Contractors, Inc, in the amount of $20,505.94, per the Borough Engineer’s correspondence dated July 16th 2010THAT Vincent Tavaglione, Patrolman, be granted Family Leave effective August 30th 2010.

THAT the Mayor be and he hereby is authorized to execute the NJDOT Change Order Number -1, Central Avenue, per the Borough Engineer’s correspondence dated July 30th 2010.THAT the Borough Council authorize the release and return of $300.00, cash bond to George Olson, 28 Malapardis Road, per the Borough Engineer’s correspondence dated August 5th 2010.

 

THAT the Borough Council authorize the release and return of $124.50, escrow to George Olson, 28 Malapardis Road, per the Borough Engineer’s correspondence dated August 5th 2010.
THAT the Borough Council approve the membership application of Will Beston, 29 Kennedy Road, Morris Township, NJ, as a member of the Morris Plains Junior Fire Auxiliary.

 

THAT the Borough Council approve the membership application of Kurt Sittmann, 1 Thompson Way, as a member of the Morris Plains Junior Fire Auxiliary.

 

THAT the Borough Council approve the membership application of Robert S. Mazza, 27 Maple Avenue, Morris Plains, NJ, as a member of the Morris Plains Fire Department.

 

THAT D. Alan Johnson be promoted to Master Operator, granted the appropriate hourly increase, effective August 1st 2010.

 

THAT
Ryan Toye be promoted to Senior Truck Driver, granted the appropriate hourly increase, effective August 1st 2010.

 

THAT the attached be hired for the 2010 Fall/Winter Recreation Programs at the date and salary stated.

 

THAT the Mayor be and he hereby is authorized to execute the Municipal Alliance’s Morris County Board of Chosen Freeholders Application for 2011 DEDR Funding and Letter of Agreement.

 

THAT having received quotes for a Backstop and its installation at Borough School field from the following:

 

GM Fence $ 6,066.00

Security Fence Company $13,500.00

Academy Fence Company, Inc. $11,170.00

 

THAT a purchase order be issued to GM Fence, East Hanover, NJ in the amount of $6,066.00.

 

THAT the Borough School 8th Grade Class of 2011 be granted permission to hold a Car Show, Saturday, September 25th 2010, with a raindate of Sunday, September 26th 2010, from 12:00 P.M. to 4:00 P.M. at Community Park.

 

THAT the residents of Coursen Way, Mountain Way, Tower Hill Road, Holiday Drive and Stony Brook Drive be granted permission to hold a Block Party on Saturday, September 18th 2010, from 1:00 P.M. to Dark and that permission to serve alcoholic beverages be granted; and that the Road Department provide the necessary barricades.

 

THAT the Borough Council approve the membership application of Teddy Rawding, 33 Hawthorne Avenue, as a member of the Morris Plains Junior Fire Auxiliary.

 

THAT having received quotes for repairs to the 2004 Ford Explorer from the following:

 

Denville Bear & Body Services, Inc. $ 893.00

J&R Auto Body $ 1,237.00

Prestige auto Body & Restorations, LLC $ 1,363.00

 

THAT a purchase order be issued to Denville Bear & Body Services, Inc., Denville, NJ in the amount of $893.00.THAT the Morris Plains Block Dance Committee in conjunction with the Borough of Morris Plains be granted permission to hold a Block Dance at the Speedwell Avenue extension on Saturday, September 4th 2010, from 6:15 P.M. to 9:30 P.M., with a rain date of Sunday, September 5th 2010, and that permission be granted to serve alcoholic beverages and that barricades be provided.

Seconded by Councilmember McCluskey.

 

Yeas: Councilmembers Karr, Coogan, Fu, McCluskey & Zabihach

Nays: None

Absent: Councilmember Cecala

Abstain: None

 

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GREETINGS OF PUBLIC AND INVITATION FOR DISCUSSION

 

Mayor Druetzler opened the meeting to the public.

 

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Seeing no one, Mayor Druetzler closed the public portion of the meeting.

 

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REPORTS OF COMMITTEES AND/OR DEPARTMENT HEADS

 

Finance

Councilmember Karr reported that the new tax bills were sent out at the beginning of the month.

 

Public Safety

 

Chief Scott Thompson reported on police department activities.

 

Public Works

Councilmember Coogan stated that the report from the Superintendent of the Department of Public Works has been distributed. Councilmember Coogan referenced fence work at the baseball field behind the school, shed repair at the Recycling Center, and dam and parking lot repairs at Watnong Park.

 

Borough Engineer Leon Hall reported on the Speedwell Avenue project.

 

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Public Buildings & Grounds

 

Councilmember McCluskey stated that the last Summer Concert of the season is this Sunday at Roberts Garden.

 

Councilmember McCluskey advised that there was an adult "Splash Party" at the pool last Friday night.

 

Councilmember McCluskey stated that the Community Center has been closed this week due to vacations, but has been open for scheduled events.

 

Councilmember McCluskey stated the Summer Theatre Group performed "Babes in Arms" on July 29th and July 30th 2010 was very successful.

 

Councilmember McCluskey advised that the Farmers Market continues. A Youth Arts & Crafts Fair was held recently and there were five participants.

 

Councilmember McCluskey reported that there are some old favorites returning to the fall recreation schedule, as well as some new programs, including bridge, line dancing and exercise classes.

 

 

Public Welfare, Sanitation & Sewers

 

Councilmember Fu stated that the Municipal Alliance met last week and the main discussion topic was the grant application for $10,868, which is the same amount as last year. They are still looking for chair/co-chair volunteer(s) and are seeking new members. The Minutemen were able to get funding from the pharmacy, Municipal Alliance and Rotary for their program to help seniors. There was a nice article on Melissa Gibson who runs the Kids Helping Kids program.

 

Councilmember Fu reported that the Board of Health met last week and Wellness Day will be on October 16th 2010. The PSA exam will not be eliminated from the program this year.

 

Councilmember Fu advised that the Teen Center will meet at the end of August to discuss their next event.

 

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Ordinance & Public Utilities

 

Councilmember Zabihach advised that the Planning Board met last Monday, and approved two applications at the Kohl’s Shopping Center; Verizon Wireless and Just A Buck. The next meeting will be held September 13th 2010.

 

Councilmember Zabihach reported that notices were sent out by PSE&G relative to the National Park Service proposals on alternative routes for power lines. More information is available at www.parkplanning.nps.gov.

 

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PRESENTATION OF COMMUNICATION, PETITIONS, ETC.

 

Mayor Druetzler opened the meeting to the public. Hearing no one, Mayor Druetzler closed the public portion.

 

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ORDINANCES OF FIRST READING

 

Councilmember Zabihach introduced the following ordinance and read the same by title and moved that it be passed on first reading.

 

ORDINANCE NO. 10-2010

 

AN ORDINANCE PROVIDING FOR THE AMENDMENT AND SUPPLEMENTATION OF CHAPTER 18C, "MUNICIPAL STORMWATER MANAGEMENT AND STORM SEWER SYSTEMS," OF THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972" WITH THE ADDITION OF A NEW ARTICLE 6, ENTITLED "OUTDOOR APPLICATION OF FERTILIZER."

 

Councilmember Karr seconded the motion.

Mayor Druetzler advised that this is a State mandated ordinance required under the DEP stormwater regulations.

Yeas: Councilmembers Karr, Fu, McCluskey & Zabihach

Nays: None

Absent: Councilmember Cecala

Abstain: Councilmember Coogan

 

Thereupon Councilmember Zabihach offered the following resolution:

WHEREAS, the above ordinance was introduced and read by title at this meeting on August 19, 2010 and passed on first reading.

 

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on September 2, 2010 at 8:30 P.M. prevailing time in the Municipal Building in the said Borough, this Council will further consider for second reading and final passage of said ordinance.

 

AND BE IT FURTHER RESOLVED that the Clerk of this Borough be and she is hereby, directed to publish the proper notice therefor, including the ordinance, post the ordinance on the Bulletin Board in the municipal building and make copies available to members of the general public.

Councilmember McCluskey seconded the resolution. Councilmember Coogan abstained. Ayes: Councilmembers Karr, Fu, McCluskey & Zabihach

 

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Councilmember Zabihach introduced the following ordinance and read the same by title and moved that it be passed on first reading.

 

ORDINANCE NO. 11-2010

 

AN ORDINANCE PROVIDING FOR THE PARTIAL AMENDMENT, SUPPLEMENTATION AND REVISION OF CHAPTER 10, "FIRE DEPARTMENT," OF THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972" WITH THE REVISION OF THE MINIMUM AGE FOR ELIGIBILITY FOR MEMBERSHIP SET FORTH IN SECTION 10-28 OF ARTICLE 7, "JUNIOR FIREMEN’S AUXILIARY."

 

Councilmember Coogan seconded the motion.

Mayor Druetzler advised that this Ordinance lowers the age requirement from 16 to 14 years of age to join the Junior Firemen’s Auxiliary.

Yeas: Councilmembers Karr, Coogan, Fu, McCluskey & Zabihach

Nays: None

Absent: Councilmember Cecala

Abstain: None

 

Thereupon Councilmember Zabihach offered the following resolution:

WHEREAS, the above ordinance was introduced and read by title at this meeting on August 19, 2010 and passed on first reading.

 

NOW, THEREFORE, BE IT RESOLVED at a meeting to be held on September 2, 2010 at 8:30 P.M. prevailing time in the Municipal Building in the said Borough, this Council will further consider for second reading and final passage of said ordinance.

 

AND BE IT FURTHER RESOLVED that the Clerk of this Borough be and she is hereby, directed to publish the proper notice therefor, including the ordinance, post the ordinance on the Bulletin Board in the municipal building and make copies available to members of the general public.

Councilmember Karr seconded the resolution. All in favor.

 

ORDINANCES ON SECOND READING

Councilmember Zabihach read by title the ordinance entitled:

 

ORDINANCE NO. 9-2010

 

AN ORDINANCE PROVIDING FOR THE PARTIAL AMENDMENT AND SUPPLEMENTATION OF SECTION (C) PROHIBITING OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLES, TRAILERS, SEMITRAILERS AND POLE TRAILERS AS SET FORTH IN SECTION 22-11 "PARKING PROHIBITED AT CERTAIN TIMES" TO EXCEPT CERTAIN VEHICLES AND STREETS FROM THE PROHIBITION AND TO AMEND THE TIME LIMITS SET FORTH IN SECTION 22-35, "PARKING VEHICLES OF ONE TON OR MORE DURING CERTAIN HOURS" AS SET FORTH IN CHAPTER 22, "TRAFFIC AND PARKING," OF THE "REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972."

 

which ordinance was introduced and passed on first reading at a meeting held on July 15, 2010.

The Clerk read the following notice:?

Notice is hereby given that the following ordinance was submitted in writing at a regular meeting of the Mayor and Borough Council of the Borough of Morris Plains, in the County of Morris and State of New Jersey held on July 15, 2010, introduced and read by title and passed on first reading, and that the said Governing Body will further consider the same for second reading and final passage thereof at a regular meeting beginning at 8:30 P.M., on August 19, 2010 at the Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey, in said Borough at which time and place a public hearing will be held thereon by the Governing Body and all parties in interest and citizens and all persons shall have an opportunity to be heard concerning said ordinance.

 

Councilmember Zabihach read the following notice and ordinance by title and stated that the Notice and Ordinance had been published as required by law that the ordinance had been posted on the bulletin board in the Municipal Building and that copies had been made available to members of the general public.

 

Mayor Druetzler announced that the meeting was open for a public hearing on the ordinance and stated that any taxpayer of the Borough of Morris Plains and all parties and persons in interest and citizens may be heard.?

Seeing no one, Mayor Druetzler closed the Public Hearing.

 

Thereupon Councilmember Zabihach offered the following Resolution and moved its adoption:

RESOLVED, That the above ordinance as read by title on Second Reading, at this meeting, be adopted and finally passed.

 

Councilmember Karr seconded the motion.

 

Mayor Druetzler ordered the Clerk to call the roll on the passage thereof and the vote was as follows:

 

Yeas: Councilmembers Karr, Coogan, Fu, McCluskey & Zabihach

Nays: None

Absent: Councilmember Cecala

Abstain: None

Mayor Druetzler declared the ordinance adopted and finally passed, approved the same and ordered the Clerk to publish the proper notice thereof in the newspaper and to record the ordinance in the proper place.

 

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RESOLUTIONS

 

None.

 

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UNFINISHED BUSINESS

None.

 

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NEW BUSINESS

 

None.

 

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VOUCHERS

 

Councilmember Karr moved:

 

BE IT RESOLVED that the following vouchers for August 2010 be approved.

 

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Frank J. Druetzler, Mayor

 

Seconded by Councilmember Zabihach.

 

Yeas: Councilmembers Karr, Coogan, Fu, McCluskey & Zabihach

Nays: None

Absent: Councilmember Cecala

Abstain: None

 

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Councilmember McCluskey moved to adjourn the meeting at 9:31 p.m.

 

Seconded by Councilmember Coogan. So moved.

 

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Frank J. Druetzler, Mayor

 

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June R. Uhrin, Borough Clerk