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: March 2, 2006

A regular meeting of the Randolph Township Council was called to order at 7:30 p.m. by Mayor Algeier. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on January 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

PRESENT:
Councilman Huston
Councilman Manning (arrived 8:45)
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

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

Mayor Algeier led the Pledge of Allegiance.

BOARD OF EDUCATION BUDGET PRESENTATION

The Board of Education presented an overview of their tentative budget proposal for the 2006-2007 school year covering the following topics:

  • Key investments made this year by Randolph public schools
  • SAT and standardized testing scores for 2004 and 2005
  • Student achievements
  • Comparative costs per pupil for Morris County K-12 districts
  • 2006 - 2007 budget parameters
  • Values considered for 2006-2007 budget development process
  • Expenditure priorities
  • Program improvements
  • Individual elementary school data
  • Why costs are going up
  • Summary of 2006 - 2007 budget reductions
  • Comparison of general fund revenue
  • Funding and spending comparison from 2001 to 2007
  • Proposed district budget general fund for fiscal year 2006-2007
  • Budget impact on property taxes
  • Summary
  • Board of Education Board goals

COUNCIL AND MANAGER REPORTS

Councilman Manning reported that he received complimentary calls from residents for the inspectors and Manager’s Office, however he received complaints about the Zoning Officer and the Planning Office.

Deputy Mayor Obremski nominated Steve Healey as a member of the Parks Committee.

Hearing no further nominations, the following roll call vote was taken:

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

NAYS: None
ABSENT: Councilman Huston

Deputy Mayor Obremski nominated Jerry Olivo as a member of the Economic Development Committee.

Hearing no further nominations, the following roll call vote was taken:

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

NAYS: None

Manager Lovell reported that he is waiting to hear about the numbers for state aid with regard to the 2006 budget. He requested a discussion for Executive Session regarding potential staff reductions. The next budget meeting will be scheduled for March 23.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, commented that the Zoning Officer and Planning Official have always conducted themselves politely and professionally while in her presence. She also strongly encouraged the Council to support the proposed school budget.

ORDINANCES

A. Second Reading and Public Hearing

(1) 1-06 - Agreement to Purchase Mishkin Property - Oil Tank Remediation

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ADDENDUM TO AN AGREEMENT FOR CONVEYANCE OF REAL ESTATE DATED MAY 4, 2005 (MISHKIN PROPERTY)” be read by title on second reading and a hearing held thereon.

Manager Lovell commented that this is an amendment to the agreement for the purchase of the Mishkin property and specifies the clean up of ground contamination from a leak of an underground oil storage tank.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ADDENDUM TO AN AGREEMENT FOR CONVEYANCE OF REAL ESTATE DATED MAY 4, 2005 (MISHKIN PROPERTY)” 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.

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

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

NAYS: None

(2) 2-06 - Authorizing the Acquisition of Certain Real Property, Block 199, Lot 1, and Block 27, Lot 6 (King Land Co. Property)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 199, LOT 1, AND BLOCK 27, LOT 6, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (KING LAND CO. PROPERTY)” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that the King Land tract comprises 44 acres located off of Mountainside and is significant from an environmental perspective in order to provide protection to the Mill Brook, a C1 stream that runs though the community. The majority of the funding for this purchase is coming from Morris County Open Space and Green Acre funding, with the balance of the funding, $100,000.00 or less, coming from the Township Open Space Fund.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 199, LOT 1, AND BLOCK 27, LOT 6, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (KING LAND CO. PROPERTY)” 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 Huston made a motion to approve the ordinance. Councilman Manning seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(3) 3-06 Amending Section 10-172(a), (b) and (c) of the Revised Ordinances of Randolph to Modify the Composition of the Advisory Open Space Committee

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO AMEND SECTIONS 10-172 (a), (b) and (c) 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 stated that this ordinance will stagger the terms of the membership for the Open Space Committee.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO AMEND SECTIONS 10-172 (a), (b) and (c) 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 Napoliello made a motion to approve the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Township Attorney Buzak recommended that a motion be made for the three ordinances above to be opened to public comment.

Deputy Mayor Obremski moved the ordinances be opened to the public for comment. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Mayor Algeier opened the meeting to the public for comment on Ordinances 1-06, 2-06, and 3-06. Hearing no comment from the public, the public portion was closed.

B. Introduction

(1) Authorize CAP Banking for Budget Appropriations

There was some discussion among the Council and Manager regarding the history of the CAP and why it is important to the budget and Randolph Township to introduce the following ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK” 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 6th of April, 2006, 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 Obremski made a motion to introduce the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Huston

(2) Amending Fee Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A - FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 6th of April, 2006, 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.

Manager Lovell stated that this ordinance deals primarily with recreation fees, specifically tennis badges and skate park fees. It also contains some issues relating to the Health Department, including septic applications, lead testing and immunizations.

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

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilman Manning requested Item B be pulled and Councilwoman Mitsch requested Item E be pulled for further discussion.

Councilwoman Mitsch made a motion to approve the Combined Action Resolutions with the exception of Items B and E. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of Taxes for 2004 and 2005 for 675 Route 10 to Planet Randolph - $20,020.73

R _____

WHEREAS, Planet Randolph has been granted a reduction in assessed valuation for the tax years 2004 and 2005 by the Tax Court of New Jersey on Block 81, Lot 6, known as 675 Route #10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2004 in the amount of $9,801.42 and $10,219.31 for the year 2005; 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 $20,020.73 to Planet Randolph.

(2) Refund 2006 Taxes Paid in Error for 11 Combes Hollow Road to Wells Fargo Home Mortgage - $1,920.66

R _____

WHEREAS, Wells Fargo Home Mortgage has paid 2006 taxes in error to the Township of Randolph in the amount of $1,920.66. The payment belongs to 11 Combes Hollow Road in the Township of Mendham; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $1,920.66 to Wells Fargo Home Mortgage.

(3) Refund Outside Tax Sale Certificate for 6 Harvey Terrace to Lien Times - $48,458.96

R _____

WHEREAS, Outside Tax Sale Certificate #1780 held by Lien Times, assessed to Gail Fatum, Block 101, Lot 27, 6 Harvey Terrace; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $48,458.96.

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 $48,458.96 to Lien Times, holder of Tax Sale Certificate #1780.

(4) Refund Outside Tax Sale Certificate for 9 Boyd Lane to Elliot Loeb - Keogh Plan - $10,279.55

R _____

WHEREAS, Outside Tax Sale Certificate #1849 held by Elliot Loeb - Keogh Plan, assessed to Glen Centi, Block 133, Lot 6, 9 Boyd Lane; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $10,279.55.

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 $10,279.55 to Elliot Loeb - Keogh Plan, holder of Tax Sale Certificate #1849.

(5) Refund Outside Tax Sale Certificate for 13 Boyd Lane to James C. Holder - $1,250.05

R _____

WHEREAS, Outside Tax Sale Certificate #1850 held by James C. Holder, assessed to Glenn Centi, Block 133, Lot 6.01, 13 Boyd Lane; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,250.05.

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 $1,250.05 to James C. Holder, holder of Tax Sale Certificate #1850.

(6) Release Remaining Escrow to Randolph Congregation of Jehovah’s Witnesses, c/o Jim Clark, for Block 45, Lot 22.1 - $655.00

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from Randolph Congregation of Jehovah’s Witnesses, c/o Jim Clark, from Block 45, Lot 22.1; and

WHEREAS, the project has been completed and closed out.

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 $655.00 plus interest earned by refunded to Randolph Congregation of Jehovah’s Witnesses, c/o Jim Clark, 19 Cora Lane, Chester, NJ 07930.

(7) Refund Remainder of a Road Opening Cash Bond for 69 Schoolhouse Road to Aquatek Environmental - $300.00

R _____

WHEREAS, on November 3, 2004, Engineering received and deposited with the Finance Department a check in the amount of $400.00 covering a road opening cash bond for the purpose of environmental DEP sampling at 69 Schoolhouse Road, Block 117, Lot 1; and

WHEREAS, the work was actually conducted on Lawrence Road for this corner lot and 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 Aquatek Environmental, 6 Regent Street, Suite 511, Livingston, NJ 07039-1604.

(8) Release Escrow Funds for Block 196, Lot 6, to Staples, Inc. - $269.67

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from Staples, Inc., for Block 196, Lot 6; and

WHEREAS, the project has been completed and it is appropriate to release the escrow funds that remain in this account.

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 $269.67 be refunded to Staples, Inc., 500 Staples Drive, Framingham, MA 01702.

(9) Release Escrow Funds for Block 110, Lot 5, to Jose Cantara - $797.50

R _____

WHEREAS, the Planning and Zoning Department received escrow funds from Jose Cantara for Block 110, Lot 5; and

WHEREAS, the project has been completed and it is appropriate to release the escrow funds that remain in this account.

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 $797.50 be refunded to Jose Cantara, 20 Charles Street, Randolph, NJ 07869.

B. 2006 Professional Services Agreements

(1) Township Attorney - Ed Buzak - $264,000.00

(2) Prosecutor - Mike Cresitello - $25,000.00

(3) Tax Appeals - Richard DeAngelis - $24,000.00

(4) Auditor - Nisivoccia & Co - $41,830.00

Acted on separately.

C. 2006 Professional Services Agreements

(1) Developer Agreements - Anthony Bucco, Jr. - $135.00 Per Hour Not to Exceed $10,000.00

R _____

WHEREAS, there exists a need for various professional services to be rendered to the Township of Randolph; and

WHEREAS, funds are subject to budget approval; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5, et seq.) requires that the resolution authorizing the award of contracts for “professional services” without competitive bidding and the contract itself must be made available for public inspection.

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

1. The Township of Randolph hereby authorizes the execution of agreements with the following professionals for the year beginning January 1, 2006:

a) Anthony Bucco, Jr., Esq., as Developers Agreements

2. These contracts are awarded without competitive bidding as “professional services” in accordance with N.J.S.A. 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.

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

CERTIFICATION FOR AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in Legal Escrows to award a contract to Anthony Bucco, Jr., Esq., of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, P.C. for preparation of developer’s agreements and review of all performance guarantees for all subdivisions and site plans for Randolph Township during 2006 at a rate of $135.00 per hour.

_______________________
Michael J. Soccio
Chief Financial Officer

(2) Bond Counsel - John Kraft - Not to Exceed $10,000.00

R _____

WHEREAS, there exists a need for various professional services to be rendered to the Township of Randolph; and

WHEREAS, funds are subject to budget approval; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5, et seq.) requires that the resolution authorizing the award of contracts for “professional services” without competitive bidding and the contract itself must be made available for public inspection.

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

1. The Township of Randolph hereby authorizes the execution of agreements with the following professionals for the year beginning January 1, 2006:

a) John Kraft - Bond Counsel

2. These contracts are awarded without competitive bidding as “professional services” in accordance with N.J.S.A. 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.

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

CERTIFICATION FOR AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in Various Capital Ordinances to award a contract to John Kraft, Esq., LLC, as Bond Counsel in accordance with his agreement.

_______________________
Michael J. Soccio
Chief Financial Officer

D. Professional Services Agreement with Jaman Engineering for Professional Surveying Service - Open Space - $30,000.00

R _____

WHEREAS, there exists a need to enter into a professional services agreement with Jaman Engineering Associates to provide professional surveying services in connection with Open Space Acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional surveying services will not exceed thirty thousand dollars ($30,000.00); 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 authoring the award for Professional Services without competitive bid and the contract itself must be available for public inspection; and

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

WHEREAS, Jaman Engineering Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Jaman Engineering Associates 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 Jaman Engineering Associates from making any reportable contributions through the term of the contract.

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 Jaman Engineering Associates.

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

3. The Business Entity Disclosure Certification and the Determination of Value Certification shall be placed on file with this Resolution.

CERTIFICATION FOR AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Jaman Engineering for Land Surveying Services in the amount not to exceed $30,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

E. 2005 Budget Appropriation Reserve Transfer - $96,700.00

R _____

Acted on separately.

F. ICMA - Vantagecare Retirement Health Savings (RHS) Program

R _____

WHEREAS, the Township of Randolph has employees rendering valuable services; and

WHEREAS, the establishment of a retiree health savings plan for such employees serves the interest of the Employer by enabling it to provide reasonable security regarding such employees’ health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and

WHEREAS, the Township of Randolph has determined that the establishment of the retiree health savings plan (the “Plan”) serves the above objectives.

NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the Plan in the form of the ICMA Retirement Corporations VantageCare Retirement Health Savings Program.

BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefits of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The Employer has executed the Declaration of Trust of the Township of Randolph Integral Part Trust in the form of the model trust made available by the ICMA Retirement Corporation.

BE IT FURTHER RESOLVED that the Township Manager shall be the coordinator and contract for the Plan and shall receive necessary reports, notices, etc.

G. Raffles

(1) Application for a Raffle License, Randolph High School (Class of 2007), Off-Premise Merchandise Raffle, May 25, 2006, Randolph High School, 511 Millbrook Avenue, Randolph

(2) Application for a Raffle License, Randolph High School PTSA, Off-Premise Merchandise Raffle, March 30, 2006, Meadow Wood Manor, Route 10, Randolph

(3) Application for a Raffle License, Nixon School, Roxbury, On-Premise 50/50 and Tricky Tray, March 31, 2006, Skylands, Route 10, Randolph

E. 2005 Budget Appropriation Reserve Transfer - $96,700.00

R _____

Manager Lovell explained that money is being transferred from the 2005 budget reserves to cover overages that have taken place, which is not an unusual occurrence.

Councilwoman Mitsch made a motion to approve Item E. Councilman Manning seconded the motion, and the following roll call vote was taken:

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

NAYS: None

WHEREAS, various 2005 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 2005 Budget Appropriation Reserve in the last two months of 2005; and

WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts, incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, that the transfers in the amount of $96,700.00 are made between the 2005 Budget Appropriation Reserves.

From Amount To Amount
Social Security, O.E. $25,000 Recycling $66,000
Legal, O.E. $8,000    
Planning, O.E. $23,000    
Bd. Of Adj., O.E. $6,000    
Police, S & W $4,000    
Recreation, S & W $1,500 Parks $7,000
Parks, S & W $5,500    
Adm. & Exec., S & W $5,400 Assessing, S & W $300
    Bd. of Adj., S & W $100
    Snow, S & W $5,000
Water & Sewer, O.E. $18,300 Electricity, O.E. $1,300
    Water Purchase, O.E. $17,000
TOTAL $96,700 TOTAL $96,700

B. 2006 Professional Services Agreements

(1) Township Attorney - Ed Buzak - $264,000.00

(2) Prosecutor - Mike Cresitello - $25,000.00

(3) Tax Appeals - Richard DeAngelis - $24,000.00

(4) Auditor - Nisivoccia & Co - $41,830.00

R _____

WHEREAS, there exists a need for various professional services to be rendered to the Township of Randolph; and

WHEREAS, funds are subject to budget approval; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5, et. seq) requires that the resolution authorizing the award of contracts for “professional services” without competitive bidding and the contract itself must be made available for public inspection.

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

1. The Township of Randolph hereby authorizes the execution of agreements with the following professionals for the year beginning January 1, 2006:

a) Edward J. Buzak, Esq., as Township Attorney
b) Mike Cresitello, Esq., as Township Prosecutor
c) Richard DeAngelis, Esq., as Tax Appeal Counsel
d) Nisivoccia & Company as Township Auditor

2. These contracts are awarded without competitive bidding as “professional services” in accordance with N.J.S.A. 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.

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

CERTIFICATION FOR AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2006 Budget, Legal Other Expense, to award a contract to Edward J. Buzak, Esq., as Township Attorney in the amount not to exceed $264,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

CERTIFICATION FOR AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2006 Budget, Prosecutor - Other Expense, to award a contract to Michael Cresitello, Esq., of the Law Offices of DeFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C. as Township Prosecutor in the amount not to exceed $25,000.00

_______________________
Michael J. Soccio
Chief Financial Officer

CERTIFICATION FOR AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2006 Budget, Legal - Other Expense, to award a contract to Richard P. DeAngelis, Jr., of Stryker Tamms & Dill, LLP, as Special Counsel for real property tax appeal litigation in the amount not to exceed $24,000.00

_______________________
Michael J. Soccio
Chief Financial Officer

CERTIFICATION FOR AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2006 Budget, Audit - Other Expense, to award a contract to William Schroeder of Nisivoccia and Company as Township Auditors in the amount not to exceed $41,830.00

_______________________
Michael J. Soccio
Chief Financial Officer

Councilman Manning made a motion to approve Item B. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilman Manning (Items B1 and B4 only)
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSTAIN: Councilman Manning (Items B2 and B3 only)

COUNCIL COMMENTS

Councilman Napoliello asked for follow up to a recommendation he had made in the past to establish a Cultural Committee. Manager Lovell responded that he has spoken to John Van Brunt but would prefer to discuss it with Councilman Napoliello privately.

Councilman Huston asked what the purpose is for the First Responder Medication Form.

Manager Lovell responded that, should the Township ever face an emergency situation where a major distribution of medications should become necessary, all employees are expected to make themselves available to assist in that operation. It is his hope that Council members would also make themselves available. This list will ensure that the medications needed by employees and their families will be stockpiled and made available to them quickly so that those assisting in the emergency can get right to work assisting the residents of the Township.

OPEN TO PUBLIC

Hearing no comments, the public portion was closed.

EXECUTIVE

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

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

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

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

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

a. Personnel

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

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

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

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

NAYS: Councilman Manning

Deputy Mayor Obremski made a motion to come out of Executive Session. Councilwoman Mitsch seconded the motion. A voice vote in favor was unanimous.

ADJOURNMENT

Mayor Algeier adjourned the meeting at 10:05 p.m.

Donna Marie Luciani
Acting Township Clerk