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 6, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by 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 5, 2007, by emailing them the annual resolution adopted by the Council on January 4, 2007. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, and in the Randolph Reporter on January 11, 2007.

PRESENT:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

Also present: Township Manager John Lovell and Township Attorney Edward Buzak

Mayor Obremski led the Pledge of Allegiance.

SWEARING IN

(1) Promotion of Jeff Gomez to Sergeant

(2) Patrol Officer Corey Czerniak

Police Chief Dean Kazaba administered the Oath of Office to Jeff Gomez.

Police Chief Dean Kazaba administered the Oath of Office to Corey Czerniak.

Chief Kazaba introduced several police officers in the audience, including Lt. Mason, Lt. Smith, Lt. Donovan, Sgt. Johnson, Sgt. Naslonski, Det. Sgt. Stokoe, Sgt. Lemarble, PO Cacciabeve, PO Boyhan, PO Sommer, PO Rispoli, Det. Harzula, and Det. Donovan.

APPROVAL OF MINUTES OF NOVEMBER 1, 2007

Councilman Napoliello made a motion to approve the minutes as presented. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, commended the Council for their resolution concerning a special election to be held in February. Since the Council has the right to determine the hours and locations for such an election, she would recommend using the same polling places used for School Board elections as a way to save the township money. Mrs. Whilden expects a high absentee voter turnout due to the election being held in February.

Judith Stewart, 114 Everdale Road, noted that recently state law was changed to allow for absentee ballots to be used by any person requesting one for any reason, and she believes that point should be publicized.

Claire Keller, 1 Smallwood Circle, spoke on behalf of the Coalition to Save Randolph Mountain. She thanked the Council for their continued efforts in trying to minimize the proposed Randolph Mountain development and offered the Coalition’s support and assistance.

Carol Loikith, 111 Shady Lane, noted that she believes the new leaf collection policy to be discriminatory. She pointed to the fact that many homeowners who can not physically rake their own leaves hire landscape services to do so, however they may not be able to afford the extra expense of having those landscapers haul the leaves away. Homeowners who can rake their own leaves to the curb benefit from the township’s leaf removal service, however others who pay the same taxes but can not put their leaves to the curb are denied those same services.

A resident also noted that, as she is elderly and on a fixed income, she also believes the leaf collection policy to be discriminatory and asked that the Council reconsider the policy.

Manager Lovell stated that the leaf policy is in place in the hopes that it will bring Randolph into compliance with stringent state stormwater regulations by reducing the volume of leaves that are put to the curb in the township. If Randolph is not in compliance with the state regulations, a stiff fine could be levied against the town. However, he acknowledged that this policy does impact elderly or low and fixed income homeowners. He suggested the Council spend some time considering the matter and revisit the issue in the near future.

Judith Stewart, 114 Everdale Road, noted that the Community Services Advisory Committee offers leaf raking services for senior citizens and residents who can’t afford a landscape service. She would advise those citizens to contact Barbara Lukavich to learn more about the program and get their names on her list for next year.

Hearing no further comments, the public portion was closed.

COUNCIL AND MANAGER REPORTS

Councilwoman Price noted that the Kiwanis Club of Randolph also runs a program that will assist citizens with raking.

Councilman Napoliello stated that the Treasurer for the Municipal Alliance Committee resigned and a new Treasurer has been hired.

Mayor Obremski nominated Philip Koshy to be a student member on the Environmental Commission. Councilman Metz seconded the nomination, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

Manager Lovell reported that he made a presentation to a committee of the Highlands Council on behalf of the Township Council and Planning Board in support of the proposed Heritage 55 development, explaining the history and impact of the project. The Highlands Council withdrew its earlier rejection of the plan and presented a position that the Manager finds favorable.

SCHEDULE REFERENDUM DATE FOR BOND ORDINANCE/POOL

Mayor Obremski noted that the Council was going to go into a brief Executive Session at this point to discuss the issue and will reconvene immediately following to continue with the agenda.

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 the meeting.

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

A. Referendum for Bond Ordinance/Pool

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

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

Councilman Alpert made a motion to come out of Executive Session. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

Mayor Obremski noted that the Council will be voting on the resolution at the December 20, 2007, Council Meeting.

Councilman Algeier made a motion that February 26, 2008, be established as the date for a special election as to Ordinance #21-07. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

Authorizing a Special Election on February 26, 2008, on the Proposition of Whether Ordinance No. 21-07 Shall be Ratified

R-292-07

WHEREAS, on July 12, 2007, Ordinance No. 21-07, entitled “Bond Ordinance Providing for the Construction of a Swimming Pool In and By the Township of Randolph, in the County of Morris, New Jersey, Appropriating $5,500,000.00 Therefore and Authorizing the Issuance of $5,500,000.00 Bonds or Notes of the Township for Financing the Cost Thereof” was adopted by the Township Council; and

WHEREAS, on July 23, 2007, a Petition Protesting Against Pool Bond Ordinance (“First Petition”) was filed in the Township Clerk’s Office and, on August 13, 2007, an amended Petition Protesting Against Pool Bond Ordinance (“Second Petition”) was filed in the Township Clerk’s Office; and

WHEREAS, on August 2, 2007, the Township Clerk issued a Certification of Examination Results rejecting the First Petition (“First Certification”), and on August 23, 2007, the Township Clerk issued a Certification of Examination Results rejecting the Second Petition (“Second Certification”); and

WHEREAS, on August 24, 2007, the Committee of Petitioners filed a Verified Complaint challenging the Township Clerk’s failure to certify the First and Second Petitions; and

WHEREAS, on December 3, 2007, the Court ordered that a proposition as whether Ordinance No. 21-07 shall be ratified be submitted to the voters of the Township of Randolph; and

WHEREAS, N.J.S.A. 40:49-10 and 49:49-27 states that a proposition submitted to the voters of any municipality be voted on at the next general election held in the municipality at least thirty (30) days after the filing of the protest or protests, unless the governing body shall call for a special election; and

WHEREAS, the Governing Body desires to call for a special election and in consultation with the Morris County Clerk and consistent with discussions between the Township Council and the Court, the Governing Body desires to call for a special election to be held on February 26, 2008.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof as follows:

1. Pursuant to N.J.S.A. 40:49-10 and 40:49-27, a special election shall be held on February 26, 2008, to allow the voters of the Township of Randolph to vote on the proposition of whether Ordinance No. 21-07 should be ratified.

2. Said special election shall be conducted in accordance with the requirements of N.J.S.A. 40:49-10.

3. Pursuant to N.J.S.A. 40:49-27c, the Township Clerk shall publish notice of the election in a newspaper published in the Township of Randolph at least once and at least ten (10) days before the date of the election.

4. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals, and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

5. This Resolution shall take effect immediately.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #31-07: Amending Organizational Structure of the Office of the Manager and the Department of Engineering, Public Works and Zoning Administration

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING DIVISIONS 2 AND 11 OF ARTICLE III OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REFLECT CHANGES IN ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE MANAGER AND THE DEPARTMENT OF ENGINEERING, PUBLIC WORKS, AND ZONING ADMINISTRATION/GIS” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will restructure the organization. Public Works will be a separate entity with Bill Kerwick as Director. Engineering, Planning, Zoning and GIS will be under the office of the Town Manager. Steve Bury will be the Township Engineer. This restructuring should result in a savings of approximately $120,000.00 per year.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING DIVISIONS 2 AND 11 OF ARTICLE III OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REFLECT CHANGES IN ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE MANAGER AND THE DEPARTMENT OF ENGINEERING, PUBLIC WORKS, AND ZONING ADMINISTRATION/GIS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Deputy Mayor Mitsch made a motion to adopt the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(2) Ordinance #32-07: Amending Chapter 34, Parks and Recreation—Deer Hunting

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 34-34 OF CHAPTER 34, PARKS AND RECREATION, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell briefed the Council on the history of the deer hunt conducted by the Morris County Parks Commission and the success they have achieved in regenerating their parklands. If Randolph does not reduce the deer population that is destroying the understory in our parks, it is conceivable that the parks will either become full of invasive plant species or evolve into plains. The deer are also proven to carry disease, decimate ornamental plantings on private property, and are often factors in automobile accidents on the roads. This ordinance will allow a bow hunt to take place in James Andrews Park on weekdays during January and February of 2008. The hunt will be under the authority of the Morris County Park Police, who will be issuing permits to hunters. The trails heads have already been marked with information about the hunt.

The Mayor opened the meeting for public hearing.

Judith Stewart, 114 Everdale Road, noted that she is aware that some residents may not want a hunt to take place, however she believes the only alternative to a hunt would be to introduce predators such as wolves and cougars into the area in order to reduce the deer population. Mrs. Stewart hopes the Council supports the ordinance.

Tim Freeman, 10 Lookout Road, agrees that a hunt is necessary to control the deer population and voiced concern that the trails be well marked so that accidents be avoided. Mr. Freeman suggested perhaps roping off the trails using the yellow police tape during the hunting hours.

Manager Lovell responded that he will consider that option. However, the trails have already been posted with bright red signs alerting the public to the days and times the hunt will be taking place.

Hearing no further comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 34-34 OF CHAPTER 34, PARKS AND RECREATION, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Algeier made a motion to adopt the ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(3) Ordinance #33-07: Vacation of Beech Terrace, Richter Street Property, Block 201, Lots 22, 23, 24, and 25

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO VACATE ANY AND ALL PUBLIC RIGHTS IN AND TO BEECH TERRACE IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this vacation comes about as a result of a subdivision approved by the Planning Board. However, these modifications will not be filed until the escrow from the developer has been received.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO VACATE ANY AND ALL PUBLIC RIGHTS IN AND TO BEECH TERRACE IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Deputy Mayor Mitsch made a motion to adopt the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(4) Ordinance #34-07: Authorizing the Acceptance of a Deed of Municipal Easement Across Block 131, Lots 40 & 41, Raupp

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DEED OF MUNICIPAL EASEMENT ACROSS LOTS 40 AND 41 IN BLOCK 131 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

The Mayor opened the meeting for public hearing. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DEED OF MUNICIPAL EASEMENT ACROSS LOTS 40 AND 41 IN BLOCK 131 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Algeier made a motion to adopt the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

B. Introduction

(1) Amending Land Development Ordinance KAB Mt. Freedom Rezoning

Manager Lovell noted that this ordinance came about as a result of a petition received by the Township Council and studied by the Planning Board to rezone a parcel of land in the Mt. Freedom Village from residential to commercial and R-2.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE A PORTION OF BLOCK 224, LOT 5, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE VCR VILLAGE CENTER RESIDENTIAL DISTRICT TO THE LVC LIMITED VILLAGE COMMERCIAL DISTRICT AND TO REZONE BLOCK 224, LOTS 6 AND 7, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE VCR VILLAGE CENTER RESIDENTIAL DISTRICT TO THE R-2 RESIDENTIAL—SINGLE FAMILY DISTRICT” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 17th of January, 2008, at 8:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said Ordinance in full with the Notice of Introduction thereof in the official designated newspaper according to law.

Councilwoman Price made a motion to introduce the ordinance. Deputy Mayor Mitsch seconded the motion.

Councilman Algeier noted that this property is not conducive to residential development as it is. A commercial development that was presented to the Planning Board was very attractive and conforms with the aesthetic designs adopted in the Master Plan. The property is directly across from a commercial site.

The following roll call vote taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(2) Amending Land Development Ordinance Rezoning Block 199, Lot 9 (Randolph Mountain), From R-1 to R-2 so as to Accommodate an Affordable Housing Project in Accordance With NJ Superior Court Orders

Manager Lovell noted that the Township is under a Superior Court order to rezone this property to what it was in 1988. The Manager stated that the Coalition to Save Randolph Mountain is aware of the Township’s position in this matter and understand the court order.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, REZONING BLOCK 199, LOT 9 (RANDOLPH MOUNTAIN) FROM R-1 TO R-2 SO AS TO ACCOMMODATE AN AFFORDABLE HOUSING PROJECT WITH NJ SUPERIOR COURT ORDERS” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 17th of January, 2008, at 8:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said Ordinance in full with the Notice of Introduction thereof in the official designated newspaper according to law.

Township Attorney Buzak noted for the record that this ordinance is being adopted under protest. While it doesn’t mean the Township will appeal the court order, adopting the ordinance under protest reserves the Township’s right to appeal at some time in the future.

Councilman Metz made a motion to introduce the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(3) Amending Land Development Ordinance Confirming the R-5 Zoning for Block 199, Lot 6 (Randolph Mountain) and Rezoning as Necessary the Portion of Block 199, Lot 9 (Randolph Mountain), Appended to Lot 6 in 1988, From R-1 to R-5 in Accordance With NJ Superior Court Orders

Manager Lovell noted that this ordinance is a companion to the prior ordinance just introduced dealing with a parcel of land located between the R-5 and R-2 zone that will be rezoned R-5.

Township Attorney Buzak stated that this ordinance is not being introduced under protest but is correcting an error that was inadvertently made when the map was drawn several years ago.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, CONFIRMING THE R-5 ZONING FOR BLOCK 199, LOT 6 (RANDOLPH MOUNTAIN) AND REZONING AS NECESSARY THE PORTION OF BLOCK 199, LOT 9 (ALSO RANDOLPH MOUNTAIN) APPENDED TO LOT 6 IN 1988, FROM R-1 TO R-5 IN ACCORDANCE WITH NJ SUPERIOR COURT ORDERS” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 17th day of January, 2008, at 8:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said Ordinance in full with the Notice of Introduction thereof in the official designated newspaper according to law.

Deputy Mayor Mitsch made a motion to introduce the ordinance. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(4) Amending Land Development Ordinance—Walls and Fences

Manager Lovell noted that there have been a number of problems over past years regarding language in the ordinance governing walls and fences. This ordinance will clean up the language, clarify the height issue, and be more enforceable.

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO CHAPTER 15, LAND DEVELOPMENT ORDINANCE, ARTICLE V, SITE PLAN AND SUBDIVISION REQUIREMENTS, SECTION 15-79, SITE AMENITIES, SUBSECTION 15-79.2, WALLS AND FENCES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 17th of January, 2008, at 8:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said Ordinance in full with the Notice of Introduction thereof in the official designated newspaper according to law.

Councilman Algeier made a motion to introduce the ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

(5) Authorizing the Acquisition of a Portion of Block 146, Lots 79 and 79Q, From Raymond and Elke Rebernik

Manager Lovell noted that this property lies within the Nitti property. The Township is interested in purchasing the property so that it will not be developed in the future. The owners agreed to a purchase price of $245,000.00, with $115,976.00 coming from a Morris County Open Space Grant and $129,024.00 coming from New Jersey Green Acres.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF A PORTION OF BLOCK 146, LOTS 79 AND 79Q, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM RAYMOND AND ELKE REBERNIK FOR MUNICIPAL PURPOSES” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 20th of December, 2007, at 8:00 o’clock p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the Notice of Introduction thereof in the official designated newspaper according to law.

Councilman Napoliello made a motion to introduce the ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

COMBINED ACTION RESOLUTIONS

Manager Lovell noted that the resolution dealing with budget transfers represents 2/10 of one percent of the budget. Typically towns transfer amounts in the range of three or four percent of the budget, so this is quite an accomplishment for Randolph. The Manager also pointed to a resolution related to the pool that will only set the date for the referendum, slated for February 26, 2008. The resolution that will set the language for the referendum will be on the December 20, 2007 agenda.

Deputy Mayor Mitsch made a motion to approve the Combined Action Items as clarified by the Manager. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

1. Refunds/Adjustment Resolutions

(1) Release Escrow for Block 93, Lots 7.05 and 7.06, to Jonathan Seligson—$1,000.00

R-293-07

WHEREAS, the Planning and Zoning Department received escrow funds from Jonathan Seligson for Block 93, Lots 7.05 and 7.06, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that escrow funds in the amount of $1,000.00 be refunded to Jonathan Seligson, 16 Devonshire Drive, Randolph, NJ 07869.

(2) Release Escrow Funds for Block 134, Lot 3.02, to Morris Habitat for Humanity, Inc.—$541.00

R-294-07

WHEREAS, the Planning and Zoning Department received escrow funds from Morris Habitat for Humanity, Inc., for Block 134, Lot 3.02, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $541.00 be refunded to Morris Habitat for Humanity, Inc., 51 South Street, Morristown, NJ 07960.

(3) Release Escrow Funds for Block 120, Lot 3, for Indoor Sports Pavilion to Jeffrey Walder—$4,874.70

R-295-07

WHEREAS, the Planning and Zoning Department received escrow funds from Indoor Sports Pavilion, Jeffrey Walder, for Block 120, Lot 3, in the amount of $7,500.00 plus interest; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $4,874.70 plus interest be refunded to Jeffrey Walder, Indoor Sports Pavilion, 16 West Hanover Avenue, Randolph, NJ 07869.

(4) Release Escrow Funds for Block 54, Lot 1, to Karolyn Hagadorn—$811.00

R-296-07

WHEREAS, the Planning and Zoning Department received escrow funds from Karolyn Hagadorn for Block 54, Lot 1, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $811.00 be refunded to Karolyn Hagadorn, 6 Center Road, Randolph, NJ 07869.

(5) Release Escrow for Block 116, Lot 13.01, to N. Michael Dion—$716.50

R-297-07

WHEREAS, the Planning and Zoning Department received escrow funds from N. Michael Dion for Block 116, Lot 13.01, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $716.50 be refunded to N. Michael Dion, 1 Brandywine Court, Randolph, NJ 07869.

(6) Release Escrow Funds for Block 168, Lot 19, to Peter Kazella—$838.00

R-298-07

WHEREAS, the Planning and Zoning Department received escrow funds from Peter Kazella for Block 168, Lot 19, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are not outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED b y the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $838.00 be refunded to Peter Kazella, 20 Foxwood Lane, Randolph, NJ 07869.

(7) Release Escrow Funds for Block 93.02, Lot 5, to Murray Jukes—$770.50

R-299-07

WHEREAS, the Planning and Zoning Department received escrow funds from Murray Jukes for Block 93.02, Lot 5, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $770.50 be refunded to Murray Jukes, 11 Dolly Bridge Road, Randolph, NJ 07869.

(8) Release Escrow Funds for Block 85, Lots 4 and 5, to Nicholas Katanos—$824.50

R-300-07

WHEREAS, the Planning and Zoning Department received escrow funds from Nicholas Katanos for Block 85, Lots 4 and 5, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $824.50 be refunded to Nicholas Katsanos, 8 Farview Avenue, Randolph, NJ 07869.

(9) Release Escrow Funds for Block 4, Lot 4, to Baker Residential Limited Partnership—$2,808.00

R-301-07

WHEREAS, the Planning and Zoning Department received escrow funds from Baker Residential Limited Partnership for Block 4, Lot 4, in the amount of $5,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $2,080.00 be refunded to Baker Residential Limited Partnership, 485 Washington Avenue, Pleasantville, NY 10570.

(10) Release Road Opening Cash Bond for the Construction of a Paver Driveway, Block 159, Lot 10, to Maimon Attias—$300.00

R-302-07

WHEREAS, the Engineering Department has received a request from Maimon Attias for the release of a $300.00 cash road opening bond posted for the construction of a pavers driveway at 8 Rock Ledge Road, Block 159, Lot 10; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on October 18, 2007; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the construction of the driveway pavers within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOVLED by the Mayor and Council of the Township of Randolph that the Township of Randolph release the cash road opening bond in the amount of $300.00 to Maimon Attias, 8 Rock Ledge Road, Randolph, NJ 07869.

(11) Release Road Opening Cash Bond for the Construction of a Water Service for Block 51, Lot 13, to Nancy G. White—$300.00

R-303-07

WHEREAS, the Engineering Department has received a request from Nancy G. White for the release of a $300.00 cash road opening bond posted for the construction of water service at 23 Combs Hollow Road, Block 51, Lot 13; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on September 21, 2007; and

WHEREAS, the applicant was required to post this cash bond to guarantee the construction of the water service within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township of Randolph release the cash road opening bond in the amount of $300.00 to Nancy G. White, 23 Combs Hollow Road, Mendham, NJ 07945.

(12) Release Road Opening Cash Bond for Construction of a Water Service at Block 144, Lot 4, Richard and Elsie Romasz, 116 High Street—$300.00

R-304-07

WHEREAS, the Engineering Department received a request from Richard and Elsie Romasz for the release of a $300.00 cash road opening bond posted for the construction of water service at 116 High Street, Block 144, Lot 4; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on September 4, 2007; and

WHEREAS, the applicant was required to post this cash bond to guarantee the construction of the water service within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steven Bury, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Richard and Elsie Romasz, 116 High Street, Randolph, NJ 07869.

(13) Refund Overpayment of 2007 Taxes to Wells Fargo Home Mortgage for Block 21.02, Lot 7, to Neil and Susan Ferguson—$2,907.68

R-305-07

WHEREAS, Wells Fargo Home Mortgage has overpaid 2007 taxes in the amount of $2,907.68 on Block 21.02, Lot 7, known as 22 East Logan Road, assessed to Neil and Susan Ferguson; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,907.68 to Wells Fargo Home Mortgage.

(14) Refund Overpayment of Water Meter for Block 176, Lot 42, to Andrew Millward—$200.00

R-306-07

WHEREAS, the Engineering Department has received a request from Mr. Andrew Millward for the refund of $200.00 for overpayment of a water meter installed at 15 Mt. Pleasant Road, Block 176, Lot 42; and

WHEREAS, the overpayment consisted of a cash payment of a water connection fee in the amount of $3,710.00 which was received and deposited with the Finance Department on October 24, 2007; and

WHEREAS, the water meter size was changed during the water service connection, resulting in a smaller meter size and reducing the water meter cost from $950.00 to $750.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township of Randolph refund $200.00 for the overpayment of a water meter installed at 15 Mt. Pleasant Road to Mr. Andrew Millward, 15 Mt. Pleasant Road, Morristown, NJ 07960.

(15) Refund a Reduction for Tax Years 2006 and 2007 Due to a Reduction Assessed Valuation, 540 Route 10—$29,527.08

R-307-07

WHEREAS, 540 Randolph LLC has been granted a reduction in assessed valuation for the tax years 2006 and 2007 by the Tax Court of New Jersey on Block 79, Lot 4, known as 540 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $10,799.28 and year 2007 in the amount of $18,727.80; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $29,527.08 to 540 Randolph LLC.

(16) Release Escrow Funds for Block 225, Lot 12, to Norman Focht, % Rollin S. Neal Atty. Trust—$770.50

R-308-07

WHEREAS, the Planning and Zoning Department received escrow funds from Norman Focht for Block 225, Lot 12, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $770.50 be refunded to Norman Focht, % Rollin S. Neal, Atty., Trust Account West, 75 Essex Street, Suite 220, Hackensack, NJ 07601.

(17) Release Escrow for Block 199, Lot 160, to Thomas Spagnuolo—$772.00

R-309-07

WHEREAS, the Planning and Zoning Department received escrow funds from Thomas Spagnuolo for Block 199, Lot 160, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $772.00 be refunded to Thomas Spagnuolo, 14 Mountainside Road, Randolph, NJ 07869.

(18) Release Escrow for Block 19, Lot 1, to John Spagnuolo—$2,271.25

R-310-07

WHEREAS, the Planning and Zoning Department received escrow funds from John Spagnuolo for Block 19, Lot 1, in the amount of $7,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $2,271.25 plus interest be refunded to John Spagnuolo, 30 Canfield Avenue, Randolph, NJ 07869.

(19) Refund Overpayment of Taxes for 2007 Due to Duplicate Tax Payments or Veteran/Senior Citizen Discounts for Various Properties

R-311-07

WHEREAS, the following listed property owners have overpaid their 2007 taxes by reason of duplicate tax payment or Veteran/Senior Citizen deduction; and

WHEREAS, it is recommended by the Tax Collector that these overpayments be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the following overpayments:

BLOCKLOTNAMEAMOUNTREASON
634Pleickhardt, Ellen$52.93Dup Pymt
  123 Park Avenue  
18.011.09Carco Dvp. Corp.$810.00Dup Pymt
  16 Aspen Drive  
2119.10Samsel, Robert/Cathy$250.00Veteran
  9 Nottingham Way  
21.0924.02Knable, John/Linda$2,993.57Dup Pymt
  25 East Logan Road  
2795Sevola, Charles/Melissa$3,194.38Dup Pymt
  6 Roberts Road  
317Hammaren, Evelyn$20.00Dup Pymt
  173 Park Avenue  
33.019Gaudioso, Guy/Lori Ann$3,535.38Dup Pymt
  4 Village Court  
33.0111Federman, Evan/Linda$180.00Dup Pymt
  20 Marjaleen Drive  
421Canfield Mews Assoc. LLC$4,266.60Dup Pymt
  184 Canfield Avenue  
4468Fitzpatrick, Kevin/Kristen$71.89Dup Pymt
  14 Sweetwood Drive  
4731.01Grover, Janet/George$90.00Dup Pymt
  1 Edgewood Terrace  
4732.03Romberger, Bradford$1,939.26Dup Pymt
  75 Calais Road  
4732.12Griffith, Rita$31.70Dup Pymt
  14 Edgewood Terrace  
5352Froysti, Oskar/Synnove$250.00Sen Cit
  410 Quaker Church Road  
633Marmora, Harry/Ginny$19.59Dup Pymt
  21 Dogwood Trail  
657Turner, Kevin/Mary$99.96Dup Pymt
  52 Randolph Avenue  
7117Battaglia, Michael/Camille$1,746.12Dup Pymt
  36 High Avenue  
9730.05Pelosi, Paul/Maryann$2,979.99Dup Pymt
  31 Valley Road  
10310Ortiz, M./Betancur, J.$114.21Dup Pymt
  7 Carellen Place  
10324Milelli, Anna$64.00Dup Pymt
  8 Nuko Terrace  
10811LaMarco, A/Denison, K.$95.11Dup Pymt
  12 Dalrymple Street  
1111Bank of America$45.00Dup Pymt
  137 Center Grove Road  
1152Billeci, Carmen/Sonia$2,995.66Dup Pymt
  317 Millbrook Avenue  
11515Ting, Lu/Ping$2,224.38Dup Pymt
  2 Huntington Drive  
11571Riley, W/Hasenecz, G.$190.63Dup Pymt
  191 Center Grove Road  
11725Randel, William/Barbara$29.70Dup Pymt
  27 Crestwood Drive  
11914.09QPhillips, Todd/Madeline$12.74Dup Pymt
  94A Everdale Road  
11991.18Garstein, Jeffrey/Sharon$250.00Dup Pymt
  18 Kensington Drive  
119110.46Cirillo, Sharon$120.45Dup Pymt
  93 Woodmont Drive  
13118Reid, Valarie$32.34Dup Pymt
  105 Millbrook Avenue  
13515Esposito, Grace$1,383.17Dup Pymt
  82 Quaker Church Road  
13716Bolan, Frederick$250.00Sen Cit
  316 Route 10  
1391Evenson, Gary/Patricia$120.54Dup Pymt
  28 Warren Road  
14018Ayaz, Orhan/Gulseren$27.61Dup Pymt
  1 Lilac Place  
14114Scharwath, John$1,342.76Dup Pymt
  377 South Morris Street  
14132Goldberg, K/Sermon A.$1,663.33Dup Pymt
  38 Sandra Lane  
1457Moreno, Denise$1,466.65Dup Pymt
  107 High Street  
14675Wilson, Jason$77.82Dup Pymt
  18 Pierson Hill Road  
1507Record, Ronald/Mary Grace$2,929.52Dup Pymt
  51 Beaver Dam Road  
153.014Santoro, Michael/Lynn$85.09Dup Pymt
  68 Radtke Road  
15529Brown, Daniel/Stacey$2,440.88Dup Pymt
  43 Forrest Road  
1664.1Zieger, Chet/Takami$2,991.31Dup Pymt
  12 Block Court  
16845Weiss, Jay Eric$100.00Dup Pymt
  9 Elaine Court  
16875Watson, Dennis/Ellen$250.00Veteran
  4 Arrow Place  
17319Andrade, Elias/Elvira$1,206.27Dup Pymt
  1062 Sussex Turnpike  
1842.09Fanning, Muriel$1,647.06Dup Pymt
  209 Boulder Ridge Drive  
1844.15Guu, Yunchieh/Wen$81.48Dup Pymt
  415 Boulder Ridge Drive  
1845.11Amin, Roshan$35.90Dup Pymt
  511 Boulder Ridge Drive  
1843.01Maietta, Traci$87.14Dup Pymt
  601 Wendover Court  
199.026Ravin, Richard/Elzbieta$197.79Dup Pymt
  15 Rustic Ridge Road  
20116Bogie, A/Ketch, K$596.72Dup Pymt
  8 Everdale Road  
20128.14Braun, Michael/Carol$593.88Dup Pymt
  39 Arnold Drive  
20137.14DeGrim, Frank/Florence$13.91Dup Pymt
  28 Heather Lane  
2021.00Ross, David$67.38Dup Pymt
  32 Openaki Road  
2053Sprung, Deborah$125.35Dup Pymt
  3 Timber Lane  
208.0114Novick, Steven/Susan$3,178.09Dup Pymt
  33 Tammy Hill Trail  
208.021Patel, Hinesh/Rita$2,761.01Dup Pymt
  10 Old Chimney Road  
21010Thomas, Matthew/Lauren$214.52Dup Pymt
  24 Lake Shore Drive S.  
2135Santander, Luis/Rosa$1,895.39Dup Pymt
  10 Tammy Hill Trail  
21560Zager, Scott/Stephanie$255.78Dup Pymt
  4 Tulip Lane  
22482Toner, Deborah/Leslie$1,695.27Dup Pymt
  17 Brookside Road  
22667Mino, William/Frances$1,587.77Dup Pymt
  5 Morey Lane  

(20) Refund Outside Tax Sale Certificate #1866 for 109 High Street—Lien Times, LLC, for Sangillo/Herrmann—$11,045.34

R-312-07

WHEREAS, Outside Tax Sale Certificate #1866 held by Lien Times, LLC, assessed to Sangillo/Herrmann, Block 145, Lot 8, 109 High Street; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $9,945.34, and premium in the amount of $1,100.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $11,045.34 to Lien Times, LLC, holder of Tax Sale Certificate #1866.

(21) Release of Tree Bond to S&H Country Builders for 48 West Hanover Avenue, Block 166, Lot 1.01—$2,800.00

R-313-07

WHEREAS, the Engineering Department has received a request from S&H Country Builders for the release of $2,800.00 tree replacement bond posted for replacement trees to be planted at a new home constructed at 48 West Hanover Avenue, Block 166, Lot 1.01; and

WHEREAS, the cash bond was received and deposited with the Finance Department on June 28, 2005, to ensure the replacement of fourteen trees to be replaced at 48 West Hanover Avenue, Block 161, Lot 1.01; and

WHEREAS, the Engineering Department has inspected the property and found that all fourteen replacement trees have been planted.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash bond in the amount of $2,800.00 be refunded to S&H Country Builders, P.O. Box 345, Mt. Freedom, NJ 07970.

(22) Release Road Opening Cash Bond for 1 Overbrook Road to Carole Cashill—$300.00

R-314-07

WHEREAS, the Engineering Department has received a request from Carole Cashill for the release of a $300.00 cash road opening bond posted for the construction of a drain to the catch basin at 1 Overbrook Road, Block 159, Lot 2; and

WHEREAS, the road opening cash bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on April 30, 2007; and

WHEREAS, the applicant was required to post this cash bond to guarantee the construction of the drain within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash road opening bond in the amount of $300.00 be refunded to Carole Cashill, 1 Overbrook Road, Randolph, NJ 07869.

(23) Release Road Opening Cash Bond for 2A Stonehill Road, Block 21.09, Lot 25, to Perrone Corp.—$300.00

R-315-07

WHEREAS, the Engineering Department has received a request from Perrone Corp. for the release of a $300.00 cash road opening bond posted for the construction of a separate driveway at the entrance at 2A Stonehill Road, Block 21.09, Lot 25; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on May 9, 2007; and

WHEREAS, the applicant was required to post this cash bond to guarantee the construction of the separate driveway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash road opening bond in the amount of $300.00 be refunded to Perrone Corp., 605 Main Street, Belleville, NJ 07109.

(24) Release Road Opening Cash Bond for Block 108, Lot 7, to Lino Loiacono for 89 Quaker Avenue

R-316-07

WHEREAS, the Engineering Department has received a request from Lino Loiacono for the release of a $300.00 cash road opening bond posted for the construction of a driveway at 89 Quaker Avenue, Block 108, Lot 7; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on September 7, 2007; and

WHEREAS, the applicant was required to post this cash bond to guarantee the construction of a driveway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash road opening bond in the amount of $300.00 be refunded to Lino Loiacono, 89 Quaker Avenue, Randolph, NJ 07869.

(25) Release of Escrow for Block 33, Lot 37, to John and Gayle Ardizzone—$2,000.00

R-317-07

WHEREAS, Randolph Township received escrow funds for the right-of-way (cul-de-sac) vacation at 19 Marjaleen Drive from John and Gayle Ardizzone for Block 33, Lot 37, 19 Marjaleen Drive, in the amount of $2,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash bond in the amount of $2,000.00 be refunded to John and Gayle Ardizzone, 19 Marjaleen Drive, Randolph, NJ 07869.

(26) Release Escrow for Block 49, Lots 1.01 and 1.02, to SJC Builders—$115.00

R-318-07

WHEREAS, the Planning and Zoning Department received escrow funds from SJC Builders for Block 49, Lots 1.01 and 1.02, in the amount of $115.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow in the amount of $115.00 be refunded to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

(27) Release Maintenance Guarantee for Block 21, Lots 32 and 32.01—Rolling Hill Subdivision to Valley National Bank—$31,321.46

R-319-07

WHEREAS, the Engineering Department has received a request from the Rolling Hill Company for the release of the maintenance guarantee for the public improvements constructed in conjunction with the Rolling Hill subdivision; and

WHEREAS, the maintenance guarantee consisted of a Letter of Credit No. 3332 issued by Valley National Bank in the amount of $31,321.46; and

WHEREAS, the developer was required to post this maintenance guarantee for a period of two years following the date of completion of public improvements; and

WHEREAS, the two year maintenance period has expired and the public improvements have been inspected and found to be satisfactory.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the maintenance guarantee consisting of Letter of Credit No. 3332 in the amount of $31,321.46 be released to National Valley Bank, Attn: Ron Niewiadowski, 924 Broadway, 4th Floor, New York, NY 10013.

B. Assignment of New Contractor MCCPC Contract #46 (Emergency Generators/Preventive Maintenance & Repairs)

R-320-07

WHEREAS, on June 29, 2006, the Randolph Township Council awarded a contract on behalf of the Morris County Cooperative Pricing Council to Power Tech Services, Incorporated of Hamilton, New Jersey for Contract #46 (Emergency Generators/Preventive Maintenance & Repairs) for a three (3) year contract period (July 1, 2006, to June 30, 2009); and

WHEREAS, notice has been received that Power Tech Services of Hamilton, New Jersey, has been taken over by another company (Performance Plus LHA, LLC) of Southampton, New Jersey; and

WHEREAS, Performance Plus LHA, LLC has agreed to take over the MCCPC Contract #46 (Emergency Generators/Preventive Maintenance) for the duration of the contract period expiring June 30, 2009, and provide the necessary performance bond in the amount of $5,000.00 and Certificate of Insurance.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorizes the re-assignment of the new company (Performance Plus LHA, LLC) of Southampton, New Jersey for MCCPC Contract #46 (Emergency Generators/Preventive Maintenance & Repairs) until the expiration of the contract period (June 30, 2009).

C. MCCPC Resolution Rescinding Items #5A, B, C & E From Steelfab Under Contract #15-D (2008 Model Dump Bodies) and Re-Awarding To Cliffside Body Crop and Seely Equipment

R-321-07

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded Items #5A, B, C & E to Steelfab on October 18, 2007, under Contract #15-D (2008 Model Dump Bodies); and

WHEREAS, the award of Items #5A, B, C & E were incorrectly awarded to Steelfab as they were not the true low bidder in compliance with the bid specifications; and

WHEREAS, it is in the MCCPC’s interest to rescind a portion of Steelfab’s initial contract award for Items #5A, B, C & E under Contract #15-D (2008 Model Dump Bodies) and re-award to the following companies who were the actual low bidders meeting the specifications:

Cliffside Body Corporation: Items #5A, B & C
Seely Equipment & Supply Company: Item #5E

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Items #5A, B, C & E of Contract #15-D (2008 Model Dump Bodies) be rescinded from Steelfab’s initial contract award and re-awarded to Cliffside Body Corporation for Items #5A, B & C and Seely Equipment & Supply Company for Item #5E.

D. Authorize Deer Hunt with Morris County Park Commission on Hidden Valley Parklands—January 1 to February 15

R-322-07

WHEREAS, the high local deer population has caused increased deer-vehicle collisions, damage to ornamental plantings and gardens, damage to agricultural crops, and the destruction of natural forest ecosystems; and

WHEREAS, high deer populations can be a conduit for a variety of diseases including, but not limited to, parasitic worms, tick borne diseases, and chronic wasting disease; and

WHEREAS, the State of New Jersey, Department of Environmental Protection, Division of Fish and Wildlife, recognizes hunting as a proven effective and economical technique to control deer populations and encourages municipalities to open lands to sport or controlled hunting where possible; and

WHEREAS, the Morris County Park Commission will be conducting a bow hunt for deer in the James Andrews County Park beginning January 1, 2008, and ending February 15, 2008; and

WHEREAS, Hidden Valley Park is adjacent to James Andrews County Park.

NOW, THEREFORE, BE IT RESOLVED by the Township Council if the Township of Randolph on December 6, 2007, as follows:

1. Bow hunting for deer may take place on Hidden Valley Park lands from January 1, 2008, to February 15, 2008.

2. The hunt is restricted to hunters who have received permits from the Morris County Park Police to hunt on James Andrews County Park during the same time period.

3. Hunting shall not be permitted on Saturdays, Sundays, or holidays recognized by the State of New Jersey.

4. Hunters shall comply with all state and county park regulations concerning the discharge of bows.

5. The trail gate to Hidden Valley Park and James Andrews County Park shall be posted with signs warning trail users of the deer hunt.

E. 2007 Budget Transfers From Accounts With a Surplus to Accounts With a Deficit

R-323-07

WHEREAS, there appears to be insufficient funds in the following accounts to meet the demand for the balance of the current year; viz:

Mayor and Council, S&W; Computerized Data Processing, O.E.; Engineering, S&W; Planning, S&W; Fire, S&W; Fire Hydrant, O.E.; Street and Roads, S&W; Electricity, O.E.; Planning, O.E.; Municipal Clerk, S&W; Tax Assessing, S&W; Uniform Construction, S&W; Building and Grounds, S&W; Animal Control, S&W; Municipal Alliance, S&W; Municipal Court, S&W; Water and Sewer—Electricity

WHEREAS, there appears to be a surplus in the following accounts over and above the demand to be necessary for the balance of the current year:

General Liability Insurance; Police, S&W; Board of Adjustment, O.E.; Police Dispatch/911, S&W; Water and Sewer, O.E.

WHEREAS, in accordance with the provision of N.J.S.A. 40A:4-58, part of the surplus in the amount heretofore mentioned be and the same are hereby transferred to the accounts mentioned as being insufficient to meet the current demands.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Chief Financial Officer be and is hereby authorized and directed to make the following transfers:

FROMAMOUNTTOAMOUNT
General Liability Insur.$21,200.00Mayor and Council, S&W$2,500.00
Police, Salary & Wages$30,000.00Comp. Data Proc., O.E.$4,000.00
  Engineering, S&W$2,000.00
  Planning, S&W$1,000.00
  Fire, S&W$1,500.00
  Fire Hydrant, O.E.$1,200.00
  Streets & Road, S&W$3,000.00
  Electricity, O.E.$36,000.00
Bd. of Adj., O.E.$1,000.00Planning, O.E.$1,000.00
Police Disp., S&W$13,000.00Munic. Clerk, S&W$3,500.00
  Tax Assessing, S&W$1,500.00
  Uniform Constr., S&W$1,000.00
  Bldg. & Grds., S&W$3,000.00
  Animal Control, S&W$1,000.00
  Munic. Alliance, S&W$1,000.00
  Munic. Court, S&W$2,000.00
Water & Sewer, O.E.$12,000.00Water & Sewer, Elect.$12,000.00
Total$65,200.00Total$65,200.00

F. 2007 Budget Amendment—Tobacco Age of Sale Grant—$960.00

R-324-07

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2007 Budget.

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION I

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sun of $960.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services— Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Tobacco Age-Of-Sale Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $960.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded From “CAPS”
Public and Private Programs Off-Set by Revenues: State of New Jersey—Tobacco Age-Of-Sale Grant

G. Forfeiture of State Pension for Persons Convicted of Public Corruption Crimes (Letter of Support—Gary Algeier)

R-325-07

WHEREAS, the United States Attorney Christopher Christie has indicted 124 New Jersey public officials for corruption over the past six years; and

WHEREAS, this record of indictments and associated convictions demeans and diminishes the many public officials who dedicate their lives and energy to serving the citizens of New Jersey with honesty and integrity; and

WHEREAS, the State Legislature voted, and the Governor signed into law, an amendment to the pension system that would enable convicted public officials to receive a state pension based upon years of service prior to when a crime of corruption was committed; and

WHEREAS, we, as public officials in Morris County, are outraged, not only by the crimes of public officials, but by this tepid revision to the state pension system enacted as a reform measure.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, in Morris County, that our state legislative delegation is requested to immediately introduce legislation that will preclude any and all public officials and employees from receiving any state funded pensions if they are convicted of a crime of corruption associated with their office or government employment.

H. Authorizing a Lien Upon 6 Orchard Drive for Costs Expended by Randolph to Remove Overgrown Weeds and Grass—$160.00

R-326-07

WHEREAS, Section 39-8 of the Revised Ordinances of the Township of Randolph requires the landscaping of all premises be properly maintained and kept from being overgrown; and

WHEREAS, on August 5, 2005, June 5, 2006, and April 16, 2007, the Health Department of the Township of Randolph (“Township”) received complaints regarding overgrown weeds and grass on the property located at 6 Orchard Drive, Randolph, New Jersey (“Property”); and

WHEREAS, on August 12, 2005, and June 6, 2006, Notices of Violation advising that the condition of the Property violated Section 39-8 of the Revised Ordinances of the Township of Randolph and that the violation must be corrected were affixed to the Property and mailed to the Property owner; and

WHEREAS, on April 16, 2007, employees of the Health Department inspected the Property and discovered overgrown weeds and grass on the Property; and

WHEREAS, on July 26, 2006, and June 16, 2007, summonses were issued to the Property owner for violating Section 39-8 of the Revised Ordinances of the Township of Randolph; and

WHEREAS, Section 39-12 of the Revised Ordinances of the Township of Randolph states that if Township funds are used to abate any nuisance, such costs shall be assessed against the premises as a lien in the same manner as real estate taxes if ordered by the court; and

WHEREAS, on May 16, 2007, the Property owner failed to appear in Randolph Municipal Court and the Honorable Ira Cohen, J.M.C., issued a Bench Warrant for the Property owner’s arrest and ordered a lien against the Property for the costs expended by the Township to abate the conditions on the Property; and

WHEREAS, on July 19, 2007, Recchia Landscaping provided the Health Department with a quote of $80.00 per occasion for removing the overgrown weeds and grass from the Property; and

WHEREAS, on August 7, 2007, and September 16, 2007, Recchia Landscaping removed the overgrown weeds and grass from the Property and charged the Township a total of $160.00 for those services; and

WHEREAS, pursuant to N.J.S.A. 40:48-2.14, an officer of a municipality shall certify the costs of removing overgrown weeds and grass to the governing body of a municipality, which shall examine the certification, and if found correct shall cause the cost to be charged against said dwellings or lands, which shall become a lien upon said dwellings and lands and shall become and form part of the taxes next to be assessed and levied upon such dwellings or lands; and

WHEREAS, the Director of Health and Code Enforcement provided the Township Council of the Township of Randolph with a Certification of Costs of Removing Overgrown Grass and Weeds dated November 29, 2007, which attached the quote of $80.00 per occasion received from Recchia Landscaping.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof as follows:

1. The Township finds that $160.00 was expended to remove overgrown weeds and grass from 6 Orchard Drive, Randolph, New Jersey, and that the cost of $160.00 for the removal of the overgrown weeds and grass was reasonable.

2. Pursuant to Section 39-12 of the Revised Ordinances of the Township of Randolph and N.J.S.A. 40:48-2.14, $160.00 shall be charged against the Property and shall become a lien upon the Property and shall become and form part of the taxes next to be assessed and levied upon the Property.

3. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

4. A copy of this Resolution shall be submitted to Honorable Ira Cohen, J.M.C., upon adoption.

5. This Resolution shall take effect immediately.

I. Authorizing a Lien Upon 27 Lake Drive for Costs Expended by Randolph to Remove Overgrown Weeds and Grass—$383.00

R-327-07

WHEREAS, Section 39-8 of the Revised Ordinances of the Township of Randolph requires the landscaping of all premises be properly maintained and kept from being overgrown; and

WHEREAS, on May 14, 2007, May 23, 2007, and May 29, 2007, the Health Department of the Township of Randolph (“Township”) received complaints regarding overgrown weeds and grass on the property located at 27 Lake Drive, Randolph, New Jersey (“Property”); and

WHEREAS, on May 14, 2007, May 23, 2007, and May 29, 2007, employees of the Health Department inspected the Property and discovered overgrown weeds and grass on the Property; and

WHEREAS, on May 29, 2007, a Notice of Violation advising that the condition of the Property violated Section 39-8 of the Revised Ordinances of the Township of Randolph and that the violation must be corrected were affixed to the Property and mailed to the Property owner; and

WHEREAS, on June 6, 2007, a summons was issued to the Property owner for violating Section 39-8 of the Revised Ordinances of the Township of Randolph; and

WHEREAS, Section 39-12 of the Revised Ordinances of the Township of Randolph states that if Township funds are used to abate any nuisance, such costs shall be assessed against the premises as a lien in the same manner as real estate taxes if ordered by the court; and

WHEREAS, on July 19, 2007, Recchia Landscaping provided the Health Department with a quote of $60.00 per occasion for removing the overgrown weeds and grass from the Property; and

WHEREAS, on August 1, 2007, the Property owner appeared in Randolph Municipal Court and was found guilty of violating Section 39-8 of the Revised Ordinances of the Township of Randolph; and

WHEREAS, the Honorable Ira Cohen, J.M.C., fined the Property owner $263.00 and ordered a lien against the Property for the amount of the fine and the costs expended by the Township to abate the conditions on the Property; and

WHEREAS, on August 7, 2007, and September 15, 2007, Recchia Landscaping removed the overgrown weeds and grass from the Property and charged the Township $120.00 for those services; and

WHEREAS, pursuant to N.J.S.A. 40:48-2.14, an officer of a municipality shall certify the costs of removing overgrown weeds and grass to the governing body of a municipality, which shall examine the certification, and if found correct shall cause the cost to be charged against said dwellings or lands, which shall become a lien upon said dwellings and lands and shall become and form part of the taxes next to be assessed and levied upon such dwellings or lands; and

WHEREAS, the Director of Health and Code Enforcement provided the Township Council of the Township of Randolph with a Certification of Costs of Removing Overgrown Grass and Weeds dated November 29, 2007, which attached the quote of $60.00 per occasion received from Recchia Landscaping.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof as follows:

1. The Township finds that $120.00 was expended to remove overgrown weeds and grass from 27 Lake Drive, Randolph, New Jersey, and that the cost of $120.00 for the removal of the overgrown weeds and grass was reasonable.

2. The Township confirms that a fine imposed by the Honorable Ira Cohen, J.M.C., in the amount of $263.00 is to be made a lien upon the Property.

3. Pursuant to Section 39-12 of the Revised Ordinances of the Township of Randolph and N.J.S.A. 40:48-2.14, $383.00 shall be charged against the Property and shall become a lien upon the Property and shall become and form part of the taxes next to be assessed and levied upon the Property.

4. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

5. A copy of this Resolution shall be submitted to Honorable Ira Cohen, J.M.C., upon adoption.

6. This Resolution shall take effect immediately.

J. Authorizing a Special Election on February 26, 2008, on the Proposition of Whether Ordinance No. 21-07 Shall be Ratified

Acted on separately.

K. Raffles

(1) Tricky Tray, Nixon Elementary School PTA, Skylands at Randolph, Route 10 West, Randolph, NJ, May 2, 2008 From 8:00 p.m. to 10:00 p.m.

(2) On-Premise 50/50, Nixon Elementary School PTA, Skylands at Randolph, Route 10 West, Randolph, NJ, May 2, 2008, From 8:00 p.m. to 10:00 p.m.

(3) 50/50 and Merchandise Raffle, St. Joseph Catholic School, Meadow Wood Manor, April 5, 2008, From 6:45 p.m. to 11:30 p.m.

SET 2008 TOWNSHIP COUNCIL MEETING CALENDAR

Manager Lovell suggested changing the January 22, 2008 date to January 15, 2008. He also noted that the July 3 meeting will be moved to July 1, 2008.

Councilman Algeier suggested starting the meeting following the Volunteer Recognition Reception in December at 7:30 p.m. instead of 8:00 p.m. and advertising it as such.

Councilman Metz made a motion to approve the calendar for 2008 with the amendments suggested by the Manager and Councilman Algeier. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

BUTTERWORTH SEWER DESIGN PROPOSALS AND REVIEW

Manager Lovell summarized the process by which the engineering firms were interviewed and the bids they had submitted. He noted that all the bids were similar in total but were constructed differently, most notably the amount of inspections projected. The Manager discussed is comfort level and experience with three of the engineering firms. It is his opinion that Hatch Mott McDonald would be the firm to select since the project will be constructed in Morris Township, they are already the engineering firm for Morris Township, they bring a great deal of expertise to the project, and they have placed the most inspection hours into their bid. There is also a possibility of saving $30,000.00 since the agreement with Morris Township requires Randolph to reimburse them for overseeing the engineers we have working on the project, and Hatch Mott McDonald is, again, the engineering firm for Morris Township. The Manager urged the Council to consider this issue and come to a decision as to which engineering firm they would like to use for this project since Randolph is obligated to get this project designed.

Councilman Algeier expressed concern that whichever firm is awarded the project should guarantee that a pipe bursting expert be on site during the procedure.

Deputy Mayor Mitsch noted that she was a part of the interview process for the engineering firms. She feels that Hatch Mott McDonald, if chosen as the engineering firm for this project, would be as anxious as Randolph to see the project run as smoothly and successfully as possible.

HIGHLANDS REGIONAL MASTER PLAN—TOWNSHIP

Manager Lovell stated that he is still very concerned with the maps being used by the Highlands and they are very hard to interpret as to the impact on Randolph, especially in terms of future COAH obligations. The Highlands Executive Director has encouraged Randolph to create a local committee to review the Highlands map and send them recommendations with regard to the map. The Manager plans to have Darren Carney and Steve Bury on a committee to study the maps, and he asked for council involvement as well.

Councilman Napoliello and Councilman Metz volunteered to participate in the committee.

Councilman Algeier suggested representation from the Economic Development Committee as well.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that Darren Carney made a very good presentation in front of the Planning Board regarding a subdivision to provide for open space.

Adam Zyto, 18 Alpine Drive, asked if the Council has decided whether or not to appeal the judge’s decision to put the pool bond ordinance to a vote.

Township Attorney Buzak responded that the issue was discussed in closed session and there has been no formal vote on that issue.

Mr. Zyto expressed concern with the amount of time the Township Attorney has spent working on this issue with the Township Clerk. He asked if the actions of the Township Attorney were based on sole discussions with the Clerk or if he had received any direction, either individually or directly, from any Council member.

Mayor Obremski responded that he did not direct the Township Attorney in this matter.

Mr. Zyto noted for the record that the only response to his question was from the Mayor.

Deputy Mayor Mitsch responded that she did not direct the Township Attorney in this matter.

Councilman Algeier responded that it is his understanding that directions to the attorney were furnished by the statute in the State of New Jersey, which states that a Township Attorney shall provide a defense if the Clerk is sued. As such, the Council can not provide direction to the Attorney since the statute provides for the defense.

Mr. Zyto stated that he believes the amount of hours spent on this issue by the attorney and the strength with which he defended the Clerk were excessive and he will be returning to the Council with questions as to how all of this transpired.

Deputy Mayor Mitsch commented that just because a judge makes a decision in one way, it does not mean an attorney’s decision was wrong.

Seeing no one else from the public, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted that one of the combined action items dealt with public corruption and pensions. That resolution came from him and the idea for it was borne from a seminar he attended while at the League of Municipalities Convention. Many public officials are greatly concerned by corruption of certain officials and feel the statute dealing with pensions and public corruption is weak. It is his hope that this will receive support from Senator Bucco and Assemblyman Merkt, as well as other municipalities in the state.

Councilman Alpert suspects that this resolution will help to serve as a deterrent to more corruption from public officials.

EXECUTIVE SESSION

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 the 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.

Deputy Mayor Mitsch made a motion to move into Executive Session. Councilwoman Price seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

ABSENT: Councilman Napoliello

Deputy Mayor Mitsch made a motion to come out of Executive Session. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

ADJOURNMENT

The Mayor adjourned the meeting at ______ .

Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Mayor Obremski.

Present for the executive session were:

Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski
Township Manager Lovell
Township Attorney Edward Buzak

Pool Referendum

Township Attorney Buzak provided a summary of the procedure for the special election for the pool referendum, points of which included:

  • The judge found that the petitions satisfied the statutory criteria under both the Home Rule Act and the Faulkner Act
  • The judge ruled that the Clerk should certify the petitions
  • Failure of the judge to establish under which law he was operating creates issues since both have different procedures in terms of moving forward
  • The Petitioners requesting that the election be held on the same day as the Presidential Primary
  • Discussions between Township Attorney, Manager, Clerk, and the County Clerk on the logistics of holding the election and establishing February 26, 2008, as the date for the special election
  • The decision that the Council should adopt a resolution setting the date of the special election
  • The possibility of the Clerk filing an appeal to the judge’s decision
  • Recommendation by the Township Attorney to not appeal and move forward with the special election

The Township Attorney asked for a consensus among the council members as to not filing an appeal and moving forward with the special election.

Councilman Algeier asked whether the wording of the question is based upon the language of the petition or if the council sets the wording.

Mr. Buzak responded that the wording is set in the resolution and is based on the statute.

Councilman Algeier asked if it was possible to adopt the date for the special election at this meeting and then hold the question in order to work on the language.

Councilman Algeier asked if there will be an interpretive statement included with the question.

Mr. Buzak responded that he will check into a provision for allowing an interpretive statement.

The Council established that the date for the special election as February 26, 2008.

Personnel

The Council concluded the Manger’s and Clerk’s review.

Donna Marie Luciani
Township Clerk