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: February 15, 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 (arrived 8:40 p.m.)
Mayor Obremski

ABSENT: None

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

Mayor Obremski led the Pledge of Allegiance.

APPROVAL OF MINUTES

(A) Regular Meetings—January 1, 2007; January 4, 2007; January 18, 2007; January 25, 2007

(B) Executive Sessions—January 18, 2007; January 25, 2007

Councilman Metz made a motion to approve the minutes as presented. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Mitsch

COUNCIL AND MANAGER REPORTS

Councilwoman Price reported that she provided an update of the Council’s special session on February 10, 2007, to the Economic Development Committee. Goals established by the EDC for 2007 were to begin work on a business plan and make recommendations to the Council and to survey businesses on how the Council can better partner with them to help promote their business. The EDC has asked the Council to provide administrative support in compiling and maintaining a business directory data base for businesses in town. The EDC would also like to try to run a “Shop Randolph” campaign, and possibly linking with the web site and the Chamber of Commerce.

Councilman Napoliello reported that he attended a Recreation Committee Meeting where the artificial turf field was the topic of discussion. The turf field has been a huge success and is in full use. The Recreation Committee also approved a new program called Little Styx, a lacrosse program teaching basic skills to kindergarten and first grade students.

Councilman Metz reported that he attended a presentation from the Traffic Advisory Committee to the high school about implementing new teen driving and teen safety programs. The consensus was that parents, students, the schools, police officers, and municipal court judges all need to work together on this issue. A possible plan would be to require junior drivers and their parents to attend a teen driving/teen safety program before issuing the junior a parking permit at the high school.

Councilman Alpert noted that the Open Space Committee met and focused on redirecting their goals for 2007. One of the main goals is to identify properties and contact owners about interest in participating in the open space program.

Mayor Obremski reported that the first meeting of the Mayor’s Health and Wellness Committee met and had a better than expected turn out. Starting May 1 and continuing on the first Sundays of each month, there will be a Randolph Stroll, Roll or Run program which will be run in conjunction with Marty’s Reliable Cycle and the YMCA. The Mayor will be attending a meeting with State Farm Insurance to inquire about available grants and programs aimed at teen driving safety. Mayor Obremski also reported that he has agreed to partner with the YMCA on their Healthy Kids Day on April 14.

Manager Lovell reported that he will be meeting with the county planning staff in conjunction with representatives from Mine Hill to try to resolve the differences in the cross-acceptance plan.

OPEN TO PUBLIC

There were no comments from the public.

DISCUSSION

A. Set Meeting Dates for 2007 Budget Review

The date for the budget review was set for Thursday, February 22, 2007, beginning at 6:30 p.m. and continuing on to the regular Council worksession at 8:00 p.m.

B. Imposition of Additional Fines for Overcrowding

Manager Lovell reported that Councilman Algeier forwarded to him a new state law dealing with overcrowding fines. The Manager asked Mark Caputo, the Health Officer, to review and state law and prepare a memorandum on his findings.

Mr. Caputo summarized his findings as follows:

  • Changing our current housing rules to a less restrictive code
  • Additional element to proving an offense has occurred
  • Landlords can skirt liability by issuing a Notice to Cease to the tenant
  • Enforcement of bill is not applicable to seasonal rental properties
  • Possible creation of a re-location fund for tenants

It is Mr. Caputo’s recommendation that Randolph not adopt the bill, continue operating with the current ordinance, and look for ways to tighten the current ordinance.

Councilman Algeier expressed concern with the appropriateness of forcing a landlord to prove innocence as opposed to the township proving guilt in an overcrowding issue. The Councilman asked Mr. Caputo to provide a document citing specific cases that have come through his office and how they were handled in order to get a more accurate idea of the problems that exist in Randolph.

C. Highlands Council—February 21 Meeting

Manager Lovell asked for Council volunteers to attend this meeting with him. He plans to put forth the concept that Randolph has gone through the cross-acceptance process with Morris County, that a great deal of time and energy was invested in developing the proposed state map, and that Randolph considers that document to be far more accurate than the Highlands map.

Councilman Metz and Councilman Napoliello will attend the meeting with Manager Lovell.

D. Policy Governing Legal Representation When Punitive Damages Are Sought

Manager Lovell summarized the issue that brought this item to his attention. He would like to draft an ordinance dealing with defending employees against punitive damages suits in the future. The Manager suggested either compiling a list of available attorneys noting the rates they charge from which the employee can select representation, or else set an hourly rate and the employee can retain an attorney of their own choosing.

Councilman Algeier agreed with the idea of providing a list of approved counsel. In this way, the Manager and Council would be able to determine an attorney’s qualifications for each case as well as keep track of expenses since a Professional Services Agreement would be imposed.

COMBINED ACTION RESOLUTIONS

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

AYES:
Councilman Algeier (abstained on Item F)
Councilman Alpert (abstained on Item F)
Councilman Metz (abstained on Item F)
Councilman Napoliello (abstained on Item F)
Councilwoman Price (abstained on Item F)
Deputy Mayor Mitsch (abstained on Item F)
Mayor Obremksi (abstained on Item F)

NAYS: None

ABSENT: None

Councilman Algeier noted that he was abstaining from voting on the resolution for Item F, Supporting Renewal of the Garden State Preservation Trust, because he believes this new trust is more of an approach to feed money into communities that should be taking care of their own infrastructure, as Randolph already does. He also noted that the Environmental Commission did not recommend this resolution be approved.

Councilman Alpert, Councilman Metz, Councilman Napoliello, Councilwoman Price, Deputy Mayor Mitsch, and Mayor Obremski all voiced agreement with Councilman Algeier on Item F.

A. Refunds/Adjustments Resolutions

(1) Credit Account Due to Property Being Over-Assessed at Block 44, Lot 13.01—$9,106.94

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WHEREAS, Block 44, Lot 13.01, Qualifier X, known as Church Alive, Inc., was assessed in the 2006 Tax List for a total of $996,800.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $675,000.00 from $996,800.00 for 2006 and the judgment was not received until after the close of the 2006 book, which resulted in an overpayment of $9,106.94.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 44, Lot 13.01, Qualifier X, in the amount of $9,106.94 to adjust for the over assessment of $321,800.00.

(2) Refund Road Opening Cash Bond for Block 7.02, Lot 38, to James Loveys—$300.00

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WHEREAS, on October 31, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of connecting to the water line for 6 Fieldcrest Court, Block 7.02, Lot 38; and

WHEREAS, the road opening has been repaired, inspected and found 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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to James B. Loveys of 6 Fieldcrest Court, Mendham, New Jersey 07945.

(3) Refund Road Opening Cash Bond for Block 15.02, Lot 110, to Timothy McQuaid—$250.00

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WHEREAS, on December 22, 2002, Engineering received and deposited with the Finance Department a check in the amount of $250.00 covering a road opening cash bond for the purpose of connecting to the water line for 19 Quaker Avenue, Block 15.02, Lot 110; and

WHEREAS, the road opening has been repaired, inspected, and found 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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $250.00 be refunded to Timothy McQuaid of 19 Quaker Avenue, Randolph, NJ 07869.

(4) Refund Registration Fee for Artworks Studio Art Class Due to Cancellation Because of Lack of Enrollment—$175.00

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WHEREAS, Robin Sharp registered her child for the Artworks Art Class and paid the fee of $175.00; and

WHEREAS, her daughter will not be attending the art class due to the cancellation of the class from lack of enrollment.

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 John Van Brunt, Director of Parks, Recreation and Community Services, that $175.00 be refunded to Robin Sharp, 8 Sandy Lane, Randolph, NJ 07869.

(5) Refund Unused Funds for Covering 1 1/2 Inch Upgrade Wet Tap and 1 1/2 Inch Water Meter Upgrade—Block 51, Lot 20, to Doug Collinson—$375.00

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WHEREAS, Block 51, Lot 20, 96 South Road, Doug Collinson has paid a fee for connection to the Township of Randolph water system and is entitled to a $375.00 refund because the service was downgraded to a 1 inch meter; and

WHEREAS, after review of documentation with respect to the matter, the Township desires to refund the $375.00 to Doug Collinson, 96 South Road, Randolph, NJ.

NOW, THEREFORE, BE IT RESOLVED by the Township of Randolph, Morris County, New Jersey, as follows:

1. The Township authorizes and directs that the refund be issued to Mr. Doug Collinson.

2. The proper officers of the Township and its Financial Director are authorized and directed to effectuate the purposes of this resolution.

3. This resolution shall take effect immediately.

B. Authorizing an Award of Contract for Printing Services for the Township of Randolph (February 1, 2007 - January 31, 2008)

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WHEREAS, the Township of Randolph wishes to award a contract for Printing services for a contract period of one (1) year (February 1, 2007 - January 31, 2008); and

WHEREAS, bids have been advertised and received on January 30, 2007, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Ridgewood Press, Ridgewood, New Jersey, was low bidder for Item 1, J & E Business Services LLC, Morris Plains, New Jersey, was low bidder for items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 20, 21; Hawk Graphics, Randolph, New Jersey, was low bidder for items 19 and 22; and GraphiColor Corp., Vineland, New Jersey, was low bidder for items 14, 15, 16, 17, and 18; and

NOW, THEREFORE BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above for printing services for the Township of Randolph for the contract term February 1, 2007 to January 31, 2008.

C. Authorizing the Award of January 30, 2007, Re-bid of MCCPC Contract #14 (Catch Basins and Manhole Castings)

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WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council wishes to award a contract for Categories A, B and C under Contract #14 (Catch Basins & Manhole Castings) which was re-bid on January 30, 2007; and

WHEREAS, bids have been advertised and received on January 30, 2007, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the two (2) bidders noted below submitted the overall low bid per category and are recommended for the award of contract as indicated.

CATEGORY A: CURB CATCH BASINS
Award category to Campbell Foundry Company.

CATEGORY B: SINGLE & DOUBLE FRAME GRATES
Award category to Brent Material Company

CATEGORY C: MANHOLES
Award category to Campbell Foundry Company

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council has determined that Campbell Foundry Company and Brent Material Company are the lowest responsible bidders per category as noted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Campbell Foundry Company for Categories A and C and Brent Material Company for Category B.

D. Professional Services Agreement with Michael Cresitello, Esq., of the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C. to Provide Legal Counsel as Prosecutor for 2007—Not to Exceed $25,000.00

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WHEREAS, the Township of Randolph has a need for a contract to retain legal counsel for a Prosecutor as a non-fair and open contract pursuant to the provisions of NJSA 19:44A-20.4 or 20.5; and

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

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

WHEREAS, Michael Cresitello, Esq., and the Law Offices of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., have completed and submitted a Business Entity Disclosure Certification which certifies that the Law Offices of 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 said law offices from making any reportable contributions through the term of the contract; and

WHEREAS, the cost for these services is $25,000.00 and funds are available subject to budget approval; and

WHEREAS, contract is awarded without competitive bidding as “professional services” in accordance with NJSA 40A:11-5(1)(a) of the Local Public Contracts Law because said services are performed by a person authorized by law to practice a recognized profession; and

WHEREAS, notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

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

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2007

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 will be available in the 2007 Budget—Municipal Prosecutor, Other Expense, to award a contract to Michael Cresitello, Esq., of the Law Firm of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., as Municipal Prosecutor in the amount not to exceed $25,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Professional Services Agreement with ARH Associates for the Purpose of Updating Tax Maps—$3,000.00

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WHEREAS, there exists a need to enter into a professional services agreement with ARH Associates for the purpose of updating tax maps; and

WHEREAS, the cost for such updating of tax maps will not exceed three thousand dollars ($3,000.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with ARH Associates.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2007

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 2007 Budget—Tax Assessing, Other Expense, to award a contract to ARH Associates for the purpose of updating tax maps in the amount not to exceed $3,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Supporting Renewal of the Garden State Preservation Trust

Defeated

G. Supporting the Lake Hopatcong Commission Need for State Funding

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WHEREAS, Lake Hopatcong plays an integral part in the lives and well-being, economically and environmentally, of the State of New Jersey; and

WHEREAS, Lake Hopatcong is a source of potable drinking water for thousands of New Jersey residents in the event of a drought; and

WHEREAS, Lake Hopatcong generates tourism and recreation dollars for the State of New Jersey; and

WHEREAS, the Lake Hopatcong Commission was created to help protect and improve the water quality of Lake Hopatcong for which there is a severe lack of funding; and

WHEREAS, the Township Council recognizes that the lack of funding is a potential disaster for Lake Hopatcong and its surrounding towns.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, New Jersey, that the Council fully supports temporary and permanent funding to ensure that the Commission remains a viable entity into the future.

H. Amending a Professional Services Agreement with Robert Michaels for Professional Planning Services to Evaluate and Prepare an Ordinance Amendment Addressing Cell Towers—$1,200.00

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WHEREAS, there exists a need to amend the Professional Services Agreement with Robert Michaels & Associates for professional planning services to evaluate and prepare an ordinance amendment addressing cell towers; and

WHEREAS, the cost for such amendment will not exceed $1,200.00; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for Professional Services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that change order #1, not to exceed $1,200.00, be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2007

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 2007 Budget—Planning, Other Expense, to amend a contract to Robert Michaels & Associates for professional planning services to evaluate and prepare an ordinance amendment addressing cell towers in the amount not to exceed $1,200.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Professional Services Agreement with Richard DeAngelis, Jr., Esq., for the Purposes of Providing Counsel for Real Property Tax Appeal Litigation—Not to Exceed $25,000.00

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WHEREAS, the Township of Randolph has a need for a contract to retain Special Counsel for real property tax appeal litigation as a non-fair and open contract pursuant to the provisions of NJSA 19:44A-20.4 or 20.5; and

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

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

WHEREAS, Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP, have completed and submitted a Business Entity Disclosure Certification which certifies that the Law Offices of Stryker, Tamms & Dill, LLP, have 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 said law offices from making any reportable contributions through the term of the contract; and

WHEREAS, the cost for these services are $25,000.00 and funds are available subject to budget approval; and

WHEREAS, contract is awarded without competitive bidding as “professional services” in accordance with NJSA 40A:11-5(1)(a) of the Local Public Contracts Law because said services are performed by a person authorized by law to practice a recognized profession; and

WHEREAS, notice of this resolution shall be printed once in the official newspaper of the Township of Randolph;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP., as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2007

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 2007 Budget—Legal, Other Expense, to award a contract to Richard P. DeAngelis, Jr., Esq., and the Law Firm of Stryker, Tamms & Dill, LLP, to provide Special Counsel for real property tax appeal litigation in the amount not to exceed $25,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

J. Rescind a Three Year Contract for Uniform Rental and Cleaning Service

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WHEREAS, Randolph Township entered into a three-year agreement with Trinity Textile on February 10, 2005, who then merged with SDRT Laundry Service in June of 2006; and

WHEREAS, SDRT Laundry Service does not desire to complete the contract and Randolph Township does not agree to sublet; and

WHEREAS, Randolph Township wishes to rescind the contract and re-award.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be rescinded as stated above.

K. Approving Application for 2006 Recycling Tonnage Grant Request

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WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal programs and to continue to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and to indicate the assent of the Randolph Township Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that Randolph Township hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Mark Caputo to ensure that the application is properly filed.

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

L. Release of Performance Guarantee—Water Facilities for Heritage Village XVII—Block 53, Lot 56—Matthew Court

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WHEREAS, the Township Engineer has received a request from SJC Builders for the release of the performance guarantee for water improvements and acceptance of the maintenance guarantee for the Heritage XVII Subdivision located on Block 53, Lot 56 (Matthew Court); and

WHEREAS, the performance guarantee consisted of a letter of credit, No. 999001125, issued by the Skylands Community Bank in the amount of $37,719.00, which was filed with the Township Clerk’s office along with a cash performance bond in the amount of $4,191.00, which was received and deposited with the Finance Department on December 11, 2003; and

WHEREAS, the Developer must post a maintenance guarantee in the amount of $3,492.50 for a period of two years.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township release the letter of credit, No. 999001125 in the amount of $37,719.00 to Skylands Community Bank and release the cash performance bond in the amount of $4,191.00, less the required 5% cash portion of the maintenance guarantee in the amount of $3,492.50, for a total of $698.50, plus accrued interest to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

M. Release of Performance Guarantee—Sewer Facilities for Heritage Village XVII—Block 53, Lot 56—Matthew Court

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WHEREAS, the Township Engineer has received a request from SJC Builders for the release of the performance guarantee for sewer improvements and acceptance of the maintenance guarantee for the Heritage XVII Subdivision located on Block 53, Lot 56 (Matthew Court); and

WHEREAS, the performance guarantee consisted of a letter of credit, No. 999001126, issued by the Skylands Community Bank in the amount of $63,795.60, which was filed with the Township Clerk’s office along with a cash performance bond in the amount of $7,088.40, which was received and deposited with the Finance Department on December 12, 2003; and

WHEREAS, the Developer must post a maintenance guarantee in the amount of $5,907.00 for a period of two years.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township release the letter of credit, No. 999001126 in the amount of $63,795.60 to Skylands Community Bank and release the cash performance bond in the amount of $7,088.40, less the required 5% cash portion of the maintenance guarantee in the amount of $5,907.00, for a total of $1,181,40, plus accrued interest to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

N. Raffles

(1) On-Premise Merchandise Raffle, Fernbrook School PTA, May 11, 2007, 6:00 p.m. to 11:00 p.m., Randolph High School, Millbrook Avenue, Randolph, NJ

(2) On-Premise Tricky Tray, Fernbrook School PTA, May 11, 2007, 6:00 p.m. to 11:00 p.m., Randolph High School, Millbrook Avenue, Randolph, NJ

(3) Bingo, Fernbrook School PTA, May 11, 2007, 6:00 p.m. to 11:00 p.m., Randolph High School, Millbrook Avenue, Randolph, NJ

(4) Off-Premise 50/50, Fernbrook School PTA, May 11, 2007, 6:00 p.m. to 11:00 p.m., Randolph High School, Millbrook Avenue, Randolph, NJ

(5) On-Premise 50/50, Mt. Olive High School Parent’s Club, March 6, 2007, 6:00 p.m. to 10:00 p.m. at Skylands at Randolph, Route 10, Randolph, NJ

(6) Off-Premise 50/50, Randolph Township Women’s Club, June 28 - July 31, 2007, at the County College of Morris (Freedom Festival), Center Grove Road, Randolph, NJ

(7) Off-Premise Car Raffle, July 1, 2007, 1:00 p.m., St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph, NJ

COUNCIL COMMENTS

Councilman Algeier noted that he attended the children’s theater production at the Brundage Playhouse. He believes the cast did a tremendous job and that the renovations at the Playhouse are wonderful.

Councilman Alpert congratulated the DPW crew for a fine job clearing the streets after the recent snow and ice storm.

Councilwoman Price also thought the streets were taken care of very well.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked if the meeting on the budget review will it be open to the public.

Manager Lovell responded that it would be.

Mrs. Stewart also commented that the new editor of the Randolph Reporter was in attendance as well as several journalism students.

Jim McConnell, 45 Carrell Road, noted that his grandson was in the cast of the play at Brundage Playhouse. He also expressed dismay regarding the Highlands Council and feels that they haven’t achieved what they had set out to do.

Councilman Napoliello noted that the Council was most likely in agreement with Mr. McConnell’s sentiments.

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. Tax Appeals

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 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

ABSENT: None

Councilman Alpert made a motion to return to Open Session. 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

ABSENT: None

ADJOURNMENT

Mayor Obremski adjourned the meeting at 9:12 p.m.

Donna Marie Luciani
Township Clerk