502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: December 19, 2006

A regular meeting of the Randolph Township Council was called to order at 8:30 p.m. by Deputy Mayor Obremski. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on January 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

PRESENT:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier (arrived at 9:00)

Also present: Township Manager John Lovell

Deputy Mayor Obremski led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, wished the Council a happy Chanukah and said she is glad to live in a country where people are allowed to celebrate religious freedoms.

GET A SPECIAL WORKSESSION DATE IN JANUARY TO DISCUSS: MT. FREEDOM MASTER PLAN RECOMMENDATIONS, SUSSEX TURNPIKE IMPROVEMENTS, AND HIGHLANDS PLAN

Manager Lovell stated that this issue will be carried. He will email the Council a couple of suggested dates, and based on their response will set a date and advertise it.

COMBINED ACTION ITEMS

Councilman Napoliello made a motion to approve the Combined Action items. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski

NAYS: None

ABSENT: Mayor Algeier

A. Social Affair Permit—Crime Stoppers of Morris County

B. Professional Services Agreement with Michael Cresitello, Esq., to Provide Municipal Legal Services with Regard to Board of Construction Appeals

R _____

WHEREAS, the Township of Randolph has a need for a contract to provide legal services with regard to Board of Construction Appeals as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A20.4 or 20.5; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition, in addition to existing contracts, will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., has completed and submitted a Business Entity Disclosure Certification which certified that DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., has not made any reportable contributions to a political or candidate committee in the Township of Randolph, in the previous one year, and that the contract will prohibit Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., from making any reportable contributions through the term of the contract; and

WHEREAS, the cost for these services is $135.00 per hour not to exceed $4,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., as described herein.

BE IT FURTHER RESOLVED that that Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 19, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2006 Budget, Legal, Other Expense, to award a contract to Michael Cresitello, Esq., to provide legal services with regards to Board of Construction Appeals in the amount not to exceed $4,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that people in town feel the pool should be voted on by referendum. She doesn’t believe a referendum would pass because residents don’t believe that the pool will be self-sustaining and would need assurances. As one way to grant assurances, she suggested selling shares in the pool where a lien can be placed against a resident’s property if the fees are not paid. She also expressed concern that the pool be available to everyone since it is on public property, perhaps during limited hours for recreational use.

EXECUTIVE SESSION—PERSONNEL

WHEREAS Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, and State of New Jersey, as follows:

1. The public shall be excluded from the following portion of this meeting.

2. The general nature of the subject matter to be discussed is as follows:

a. Personnel

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Councilman Napoliello made a motion to go into Executive Session. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski

NAYS: Councilman Manning

ABSENT: Mayor Algeier

RECONVENE

Mayor Algeier thanked the Council for a very diligent job and very creative approach to the Manager review. He personally thanked Councilmen Huston and Manning for their continued dedication and devotion to the town in light of their impending retirement at the end of the year.

ADJOURNMENT

The Mayor adjourned the meeting at 10:20 p.m.

Donna Marie Luciani
Township Clerk