7:00 PM EXECUTIVE SESSION: To discuss Strategy with Respect to Litigation34 Davis StreetAt 7:00pm, a Motion was made by Brown to go into Executive Session to discuss strategy with respect to litigation and to allow Cundiff, Zisk and James Pyne of Pyne Sand & Stone to remain and the Commission will return to their regular meeting when they rise from Executive Session, seconded by Van Roo.

Yacino told the Commission that on the morning of the 4th he along with Zisk and Cundiff met with James Pyne and Yacino laid out the one issue pending before the Commission could agree to the scope as presented to DEP, that being that the test holes for soils analysis were not taken at the actual site of the construction of the detention pond. The Commission needed a test done much closer. It was agreed that the two test sites were not in close proximity to the detention pond and Mr. Pyne felt that he could get a rig up and around the top and certainly get within 20-30 feet of the site in question. That being done if the results showed no change in the conditions and the design is therefore correct we could move forward. Yacino and Pyne shook hands on the agreement and Yacino asked Pyne if he would be kind enough to come to our meeting tonight and allow Yacino to go over the concerns in an executive session with him present, and inform the members that we had reached an agreement for a new test which would then avoid the court action which was pending and so notify the attorneys and the court. Yacino asked Pyne if he concurred, which he did, and then asked the members if there were any questions. Linda felt it wasn’t good enough if we didn’t have anything in writing. After discussion, a Motion was made by Dudley to accept the conceptual agreement the Commission reached with Pyne Sand and Stone to resolve the remaining issues at 34 Davis Street, seconded by Mosczynski. Vote: Yes- 5, No-1. Vote was passed. It was also agreed by consensus that Cundiff would prepare a formal letter. At 7:25pm, a Motion was made by Brown to rise from Executive Session and return to Regular Session, seconded by Van Roo.