February 28, 2006
A
Workshop Meeting of the Township Council of the Township of Roxbury was held on
February 28, 2006 at 1715 Route 46, Ledgewood, New Jersey at 7:30 p.m.
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 January
5, 2006; notice was posted on the bulletin board in the main hallway of the
Municipal Building on January 5, 2006.
ROLL
CALL (Present): Councilwoman
Kathy DeFillippo, Councilmen Fred Hall, Jim Rilee, Tim Smith, John Ciaramella
and Mayor Martin Schmidt
ALSO
PRESENT: Christopher
Raths, Township Manager; Anthony Bucco, Township Attorney and Janet Rieth,
Deputy Township Clerk
ABSENT:
Councilman Richard
Zoschak was on vacation.
REPORTS
OF COUNCIL LIAISON REPRESENTATIVES, COUNCIL COMMITTEES AND NEW BUSINESS/OLD
BUSINESS
New
Business
Proclamation—Youth Art Month, March 2006
Mayor
Schmidt read the proclamation declaring March 2006 as Youth Art Month.
Presentation—Engineering and Public Works
Michael
Kobylarz, Township Engineer/Director of Public Works and Richard Blood,
Assistant Director of Public works updated Council on the projects of the
Engineering/Public Works Departments
Capital
Improvement Projects completed in 2005
- Phases
III and IV of Eyland Avenue, from Morningside
Drive to the entrance
of Horseshoe Lake
- Reger
Road improvements,
which included widening and full road reconstruction, from Parkview Drive to the Mt. Olive border
- Canal/Main
Street in Port Morris drainage improvement project. Milling and paving
will take place in the Spring.
- Conkling
Road drainage
project. Milling and paving of Conkling
Road will take place
in the Spring.
- Mooney
Road Water Main Connection, which allowed for the loop connection of two
dead end mains.
- Evergreen
Acres Water System upgrade project is approximately 95% complete.
- The
Skyview Wastewater Treatment Plant decommissioning should be completed in
June
Miscellaneous projects that have been completed
- The
design and public bidding for sidewalk projects on Dell Avenue, Ezra Place,
Jeffrey Road, Steffanie Place
and various locations in Succasunna
- The
Senior Center
bathroom for ADA compliance
- A
preliminary version of the Township Stormwater Management Plan
- Fire
Company No. 2 Annex expansion design
- Final
design for the Community Center Access improvements
Capital Improvement Projects scheduled for 2006
§
Eyland Avenue Phase
V, which is from the Horseshoe Lake entrance to Route 10, will be completed
in the Fall of 2006 or Spring of 2007
- Mooney
Road/Route 206 to Conkling
Road
- Conkling
Road/Mooney Road to Mountain Road – Spring or Summer 2006
- Design
and/or construction of drainage improvements on Succasunna Road at Iroquois Avenue
- Planning
of Phase I Water Master Plan Improvements
- Completion
of Skyview Decommissioning Project
- Update
wastewater management plan
Miscellaneous Projects scheduled for 2006
§
The sidewalk
replacement project, which should be completed in the Spring of 2006,
§
Construction of the
Community Center Access Improvements
§
The adoption of the
Stormwater Management Plan.
Department of Public Works
Capital Improvement Projects Completed in 2005
- Road
Improvement projects on Oak Hill Drive, Sunrise Lane, Sunset Lane, Picardy
Road, Eyland Place, Railroad Avenue, Main Street (both Succasunna &
Ledgewood), Arlington Avenue, Roxbury Avenue, Manor Parkway & King’s
Parkway
- Installed
speed humps at Horseshoe Lake
- Repaired
50 catch basins
- Drainage
improvements on Mooney
Road, Meadowview Avenue and Ballentine Street
Mr.
Blood advised that there is a two year waiting list for residents for drainage
projects.
- Installed
approximately 600 Water Meter/Transmitter Units, which will decrease the
amount of time required to read water meters each quarter
- Videotaped
over 10,000 linear feet of sewer main to inspect for system leaks
- Cleaned
stabilization lagoon which removed approximately 400,000 gallons of sludge
- Righter
Road/Hillside Avenue Intersection
Capital Improvement Projects Scheduled for 2006
- Righter
Road, Eyland Avenue to Hillside Avenue
- Ezra
Place, Jeffrey Road
& Steffanie Place
- Bent
Street, Corwin Street, Little Lane Spencer Road and Makin Lane
- Canal
Street, Davis Street & Palmer Street in Port Morris
- Washington
Street & Lake Street in Port Morris if funds are available
- Drainage
improvements on Third
Street, Cynthia Drive
- Drainage
improvements at the Community Center Access/Parking Areas which will
improve the entrance prior to paving
- Dredging
Project at King Cove
- Continue
installation of water meter/transmitter units
- Install
service connections along Palmer
Street prior to
planned paving project
- Main
pump upgrades at Ajax Treatment Plant
- Update
grounds at pump stations including paving and fencing
- Develop
policy regarding replacement of grinder pumps in the Landing area
Miscellaneous projects scheduled for 2006
- Construct
parking facility at Dell Avenue
Park
- Regrade Mooney
Mountain “Pocket” Park
- Fill
abandoned mine shafts at Ledgewood Pond
- Mill,
pave and stripe parking area at the Municipal Building
- DPW
Facility, to include demolition of existing building, complete design work
and cost analysis of new facility and construction of concrete pads for
roll-off containers
Council
commended the Engineering/Public Works Department for all of the work that has
been completed in the last couple of years.
2006 Budget
Sanitation and Recycling
Council
discussed Mr. Blood’s memorandum regarding the possibility of reducing hours at
the recycling center to weekends and holidays only, which would create a
substantial savings. Mr. Blood advised that a survey was held in 2002, when
the recycling center was open seven days a week, and approximately 50% of the
week’s use fell on Saturday and Sunday. Mr. Blood further advised that he
surveyed surrounding municipalities of similar population and they are all open
six days a week, with the exception of Jefferson, which is open Wednesdays and
Saturdays. Council requested that Mr. Raths contact Wharton and Mine Hill to
discuss possible shared services with the Recycling Center and report back to Council. This will
be discussed again at a future meeting.
Mr.
Raths advised that, with the reductions that Council has already made and the
revisions to the projection in fund balance, the tax rate increase has gone
from 8.1 points to 6.5 points.
Sanitation
Mr.
Rilee questioned why there is such a large increase in salaries. Mr. Raths
explained that last year there was approximately $80,000 available in the
recycling trust and this year there is only $40,000 available, which is a
significant portion of the increase. Ms. Palmieri will check the salaries and
confirm the numbers.
Others
No
Discussion
Old Business
Procurement
Policy – Will be discussed at future meeting
Appointments
Rockaway
River Watershed Cabinet—2 Members, 1-year term
Economic
Development Committee—1 Member, 3-year term
These
appointments will be discussed at a future meeting.
PUBLIC PORTION
No
comments
MATTERS
REQUESTED/REFERRED BY COUNCIL MEMBERS, MANAGER, ATTORNEY OR CLERK.
A. Application for Raffles License
No. RA: 1276 by Home School Association of St. Therese School
B. Application
for Raffles License No. RA: 1277 by St. Therese Roman Catholic Church
C. Application
for Raffles License No. RA: 1278 by St. Therese Church
D. Letter
from St. Therese R.C. Church Carnival Committee requesting fee waiver
E. Letter from Lake Musconetcong
Regional Planning Board of February
4, 2006 regarding its 2006
Operating Budget
F. Letter from Lake Musconetcong
Regional Planning Board of February
4, 2006 regarding its 2006
Lake Management Budget
G. Letter
from S. Kooyenga requesting street closure for a block
party
Mr.
Rilee made a motion to approve Items A through G. Mr. Smith seconded the
motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith –yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes (abstain on Items A, B, C, D)
Mayor
Schmidt – yes
Motion
carried 6 – 0 with one abstention on items A, B, C & D
H. Letter from HJGA Consulting
regarding the Inclined Plane 2 East & High Ledge Mine, Ledgewood, NJ
Mr.
Raths explained that this is just approving the Township to send a notice of
intent file a grant application. This in no way commits the Township.
Mr.
Smith made a motion to send a notice of intent. Mr. Ciaramella seconded the
motion.
Roll
Call:
Mr.
Smith – yes Mr. Ciaramella – yes
Mrs.
DeFillippo – yes Mr. Hall – yes
Mr.
Rilee – yes Mayor Schmidt – yes
Motion
carried 6 - 0
APPROVAL
OF MINUTES
None
DRAFT
ORDINANCES FOR DISCUSSION
None
INTRODUCTION
OF PROPOSED ORDINANCES
10-06 An ordinance to amend and supplement
Chapter VII, Traffic, Section 7-3, Parking of the Revised General Ordinances of
the Township of Roxbury, County of Morris, State of New Jersey
Mr.
Rilee made a motion to introduce Ordinance 10-06. Mr. Smith seconded the
motion.
Mr.
Hall questioned if the Township is creating more of a problem by not
addressing parking concerns already in existence at this location. Discussion
ensued regarding the parking on the grassy area and the majority of Council
agreed that the Township should formalize a plan for additional parking.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 - 0
11-06
A bond ordinance to
authorize the acquisition of new additional or replacement equipment and
machinery and the making of various public improvements in, by and for the
Township of Roxbury, in the County of Morris, State of New Jersey, to
appropriate the sum of $1,000,000 to pay the cost thereof, to appropriate a
grant-in-aid, to make a down payment, to authorize the issuance of bonds to
finance such appropriation and to provide for the issuance of bond anticipation
notes in anticipation of the issuance of such bonds
Mr.
Rilee made a motion to introduce Ordinance 11-06. Mr. Hall seconded the
motion.
Roll
Call:
Mr.
Rilee – yes Mr. Hall – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Smith – yes Mayor Schmidt – yes
Motion
carried 6 - 0
12-06 A bond ordinance to authorize
the acquisition of new additional or replacement equipment and machinery and
the making of various water system improvements in, by and for the water
utility of the Township of Roxbury, in the County of Morris, State of New
Jersey, to appropriate the sum of $344,240 to pay the cost thereof, to make a
down payment, to authorize the issuance of bonds to finance such appropriation
and to provide for the issuance of bond anticipation notes in anticipation of
the issuance of such bonds
Mr.
Rilee made a motion to introduce Ordinance 12-06. Mr. Smith seconded the
motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall - yes Mayor Schmidt – yes
Motion
carried 6 – 0
13-06 A bond ordinance to authorize the
acquisition of new utility truck, including original apparatus and equipment
in, by and for the water utility of the Township of Roxbury, in the County of
Morris, State of New Jersey, to appropriate the sum of $43,400 to pay the cost
thereof, to make a down payment, to authorize the issuance of bonds to finance
such appropriation and to provide for the issuance of bond anticipation notes
in anticipation of the issuance of such bonds
Mr. Rilee made
a motion to introduce Ordinance 13-06. Mr. Smith seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith –yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
14-06 A bond ordinance to authorize the
acquisition of new additional or replacement equipment and machinery and new
automotive vehicles, including original apparatus and equipment in, by and for
the Township of Roxbury, in the County of Morris, State of New Jersey, to
appropriate the sum of $535,050 to pay the cost thereof, to make a down payment,
to authorize the issuance of bonds to finance such appropriation and to provide
for the issuance of bond anticipation notes in anticipation of the issuance of
such bonds
Mr.
Smith made a motion to introduce Ordinance 14-06. Mr. Rilee seconded the motion.
Roll
Call:
Mr.
Smith – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
HEARING AND ADOPTION OF ORDINANCES ON SECOND READING
5-06 An ordinance to amend Chapter
XIII, Land Development Ordinance, Article IV, Improvements and Guarantees,
Section 13-4.2, Performance Guarantee, Subsection 13-4.206 Release of
Performance Guarantees, of the Revised General Ordinances of the Township of
Roxbury, County of Morris, State of New Jersey
Mr.
Rilee made a motion to open Ordinance 5-06 to the public. Mr. Hall seconded
the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Hall –yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Smith – yes Mayor Schmidt – yes
Motion
carried 6 – 0
There
was no public comment.
Mr.
Hall made a motion to close Ordinance 5-06 to the public. Mr. Rilee seconded
the motion.
Roll
Call:
Mr.
Hall – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Smith – yes Mayor Schmidt – yes
Motion
carried 6 – 0
Mr.
Rilee made a motion to adopt Ordinance 5-06. Mr. Smith seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
6-06 An ordinance amending the Revised
General Ordinances of the Township of Roxbury
to amend Chapter XXIV entitled “Fees”
Mr.
Smith made a motion to introduce Ordinance 6-06 to the public. Mr. Hall
seconded the motion.
Roll
Call:
Mr.
Smith – yes Mr. Hall –yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Rilee – stepped down Mayor Schmidt – yes
Motion
carried 5 – 0
Mr.
Rilee stated that he is stepping down for this Ordinance due to a potential
conflict of interest as the liquor license portion affects his employer.
There
was no public comment.
Mr.
Smith made a motion to close Ordinance 6-06 to the public. Mr. Hall seconded
the motion.
Roll
Call:
Mr.
Smith - yes Mr. Hall – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Rilee –stepped down Mayor Schmidt – yes
Motion
carried 5 – 0
Mr.
Hall made a motion to adopt Ordinance 6-06. Mr. Smith seconded the motion.
Roll
Call:
Mr.
Hall – yes Mr. Smith –yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Rilee –stepped down Mayor Schmidt – yes
Motion
carried 5 – 0
7-06 Calendar Year 2006—an ordinance
to exceed the municipal budget appropriation limits and to establish a cap bank
Mr.
Smith made a motion to open Ordinance 7-06 to the public. Mr. Rilee seconded
the motion.
Roll
Call:
Mr.
Smith – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall - yes Mayor Schmidt – yes
Motion
carried 6 – 0
There
was no public comment.
Mr.
Smith made a motion to close Ordinance 7-06 to the public. Mr. Rilee seconded
the motion.
Roll
Call:
Mr.
Smith – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
Mr.
Smith made a motion to adopt Ordinance 7-07. Mr. Rilee seconded the motion.
Roll
Call:
Mr.
Smith – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
8-06 An ordinance of the Township of Roxbury providing for the appropriation of funds
for various building improvements and equipment and appropriating $136,900.00
from General Capital Improvement Fund
Mr.
Rilee made a motion to open Ordinance 8-06 to the public. Mr. Smith seconded
the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
There
was no public comment.
Mr.
Hall made a motion to close Ordinance 8-06 to the public. Mr. Rilee seconded
the motion.
Roll
Call:
Mr.
Hall – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Smith – yes Mayor Schmidt – yes
Motion
carried 6 – 0
Mr.
Smith made a motion to adopt Ordinance 8-06. Mr. Rilee seconded the motion.
Roll
Call:
Mr.
Smith – yes Mr. Rilee – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
9-06 An ordinance of the Township of
Roxbury providing for the appropriation of funds for various sewer utility
improvements and appropriating $88,000.00, from Sewer Capital Improvement Fund
Mr.
Rilee made a motion to open Ordinance 9-06 to the public. Mr. Smith seconded
the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall - yes Mayor Schmidt – yes
Motion
carried 6 – 0
There
was no public comment.
Mr.
Rilee made a motion to close Ordinance 9-06 to the public. Mr. Smith seconded
the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall – yes Mayor Schmidt – yes
Motion
carried 6 – 0
Mr.
Rilee made a motion to adopt Ordinance 9-06. Mr. Smith seconded the motion.
Roll
Call:
Mr.
Rilee – yes Mr. Smith – yes
Mr.
Ciaramella – yes Mrs. DeFillippo – yes
Mr.
Hall - yes Mayor Schmidt – yes
Motion
carried 6 – 0
DRAFT RESOLUTION FOR DISCUSSION
None
INTRODUCTION AND ADOPTION OF RESOLUTIONS
06-67 A resolution incorporating by
reference herein and approving the following numbered resolutions listed on the
workshop council meeting agenda for this date: 06-57, 06-68, 06-69, 06-70,
06-71, 06-72, 06-73, 06-75, 06-78, 06-79, 06-80, 06-81
Mr.
Rilee made a motion to adopt Resolution 06-67. Mr. Ciaramella seconded the
motion.
Roll
Call:
Mr.
Rilee – yes Mr. Ciaramella – yes
Mrs.
DeFillippo – yes Mr. Hall – yes
Mr.
Smith – yes Mayor Schmidt – yes
Motion
carried 6 – 0
06-57
A resolution requesting permission for the dedication by rider for recreation
purposes
06-68 A resolution of the Township of Roxbury, County of Morris,
State of New Jersey, supporting SCS-557 and urging that full
funding of 11 million dollars be maintained in the state budget for
municipalities that provide their own garbage collection services
06-69 A resolution authorizing the
Township to apply to the Department of Environmental Protection for the 2005
Recycling Tonnage Grant
06-70
A resolution authorizing refund of taxes for a totally disabled veteran
exemption
06-71 A resolution of the Township of Roxbury, County of Morris,
State of New Jersey, authorizing the execution of a
settlement agreement in connection with the Wright vs. Kowzun Enterprises, et
al matter and authorizing the execution of a drainage easement and agreement
between Deon Wright and Sandra Wright, Josef Zurawski and Halina Zurawski, and
the Township of Roxbury
06-72
A resolution authorizing the transfer of funds
06-73 A resolution of the Township
Council of the Township of Roxbury opposing Senate Bill S-2556, Disclosure of
Bid List
06-75
A resolution opposing bills S-319 and A-1030
06-78 A resolution authorizing the
release of a Performance Guarantee posted for right-of-way Excavation Permit
No. MAY1705B Spectrum Construction & Development Co., Inc. Block 3301, Lot
24
06-79 A resolution authorizing the
acceptance of the Maintenance Bond and Approving the release of the Performance
Guarantee and Final Payment to Fair-Con Builders Inc., Fairfield, NJ for the
bathroom improvements for ADA Compliance Senior Center
06-80
A resolution amending the membership of the Township Fire Department
06-81
A resolution authorizing payment of bills
06-74 A resolution authorizing an
agreement for extraordinary, unspecifiable services with the Morris Land
Conservancy
Mr.
Rilee made a motion to adopt Resolution 06-74. Mr. Ciaramella seconded the
motion.
Discussion
ensued regarding the agreement and the price. Council would like Item D
regarding the trails plan to be deleted and would like the agreement to remain
at $10,000. Mr. Raths will review the agreement with Morris Land Conservancy.
After discussion Mr. Rilee withdrew his motion and Mr. Ciaramella withdrew his
second.
06-76 A resolution authorizing the
purchase of hi-band satellite receiver equipment from Warner Communications Co.
Inc.
06-83 A resolution authorizing the
purchase of hi-band satellite receiver equipment from Ma Com Private Radio
Systems Inc.
Mr. Hall made
a motion to adopt Resolutions 06-76 and 06-83. Mr. Smith seconded the motion.
Mr.
Raths advised that this was approved in the 2005 Capital Budget to increase the
signal strength in Berkshire Valley. Council would like a memorandum with a
full description of the items. After discussion, Mr. Hall withdrew his motion
and Mr. Smith withdrew his second.
06-77 A resolution authorizing the Township of
Roxbury to enter into a Memorandum of Understanding with the County of Morris
for access to the Morris County Integrated Justice Information System (MCIJIS)
Mr.
Rilee made a motion to adopt Resolution 06-77. Mr. Smith seconded the motion.
The
Council supports this program, however they would like the Mr. Bucco to look
into this further and the Clerk’s Office to look at the Resolution the
Township adopted a few years ago regarding a specific change in the MCREDS
program. After discussion, Mr. Rilee withdrew his motion and Mr. Smith
withdrew his second.
COMMUNICATIONS
January 24, 2006
#1
– Interoffice Memo from Christopher Raths, dated February 26, 2006,
re: Information Update – Regarding the DPW facility, an in-depth report will be
prepared for the March 28th meeting.
#2
– Interoffice Memo from the Recreation Advisory Committee, dated February 1, 2006, re: Review of Proposed Dog Park – Mayor Schmidt will give
this information to the Committee at the next meeting.
EXECUTIVE
SESSION
06-82
A 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
Mr.
Ciaramella made a motion to adopt Resolution 06-82 for Executive Session. Mr.
Smith seconded the motion.
Roll
Call:
Mr.
Ciaramella – yes Mr. Smith - yes
Mrs.
DeFillippo – yes Mr. Hall – yes
Mr.
Rilee – yes Mayor Schmidt – yes
Motion
carried 6 - 0
At
10:05 PM Council returned to the Workshop Meeting.
Council
discussed the letter from Mr. and Mrs. Robert King regarding their request for
the Township to waive the $150.00 Zoning Board application fee. Council felt
this would set a precedent and requested that Mr. Raths have the Kings speak
with the Township Social Services Department. If the Social Services
Department cannot help them, Council agreed that they would personally donate
the $150.00, at $21.42 each, which included Mr. Bucco, Township Attorney.
Councilman Zoschak was not present. If he agrees, the amount would be $18.75
each.
ADJOURNMENT
At
10:10 PM Mr. Smith made a motion to adjourn the
Workshop Meeting. Mr. Rilee seconded the motion.
All
In Favor – yes
Submitted
By:
_________________________
BettyLou
DeCroce
Township
Clerk
MINUTES APPROVED BY COUNCIL
DATE: March 28, 2006
ROLL
CALL: Mr. Ciaramella – yes Mr. Smith – yes
Mrs. DeFillippo – yes
Mr. Zoschak – abstain
Mayor Schmidt - yes