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: November 1, 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.

RECOGNITIION OF TOWNSHIP EMPLOYEES WITH MILITARY SERVICE IN IRAQ AND AFGHANISTAN

James Cacciabeve, Michael Gomez, William Harzula, Brett Sommer

Mayor Obremski noted that several years ago Councilman Algeier began a tradition of presenting township flags to men and women serving in the armed forces. At the suggestion of Councilman Metz, four Randolph police officers who have served in the military will be honored and presented with flags, a proclamation from the Town Council, and individual citations from Congressman Frelinghuysen.

Mayor Obremski read a letter written in honor of the occasion by the Post Commander of the local VFW into the record.

Heroes:

I’m sorry that I can not attend tonight’s special recognition and honoring of your service to our nation. As Post Commander of our Randolph Memorial Post #7333 Veterans of Foreign Wars, I, too, want to thank you for your military service. Our nation is safer because of the sacrifices you and your fellow veterans have paid to fight this war on terrorism. Our commitment is to support our military and to let them know that they are admired and loved. We thank you for the job you did and the job you now have taken on to serve and protect our local community.

Please accept my thanks and praise on behalf of all the veterans of the VFW and ... welcome home.

If you can come to our Veterans’ Day ceremony at the post on November 11 at 11:00 a.m., we would like to welcome you home then. Of course, I might sign you up, too.

Sincerely,
Jack Sassaman, Post Commander
Randolph Memorial Post #7333
Veterans of Foreign Wars

Mayor Obremski read the following proclamation into the record:

WHEREAS, James Cacciabeve, Michael Gomez, William Harzula, and Brett Sommer have served with honor, distinction, and heroism in the Armed Forces of the United States; and

WHEREAS, all of them have served their country in the theaters of war in Afghanistan and/or Iraq, willingly enduring the hardships and dangers of what said service entails; and

WHEREAS, the people of both Iraq and Afghanistan live in societies with freedoms today that are beyond anything previously known in their history; and

WHEREAS, these freedoms are the direct result of sacrifices made by our men and women in the service of the United States of America; and

WHEREAS, James, Michael, William, and Brett currently serve as valuable members of the Randolph Township Police Department; and

WHEREAS, Randolph is proud that these veterans are in the service of the community and its citizens.

NOW, THEREFORE, BE IT RESOLVED that Michael Obremski, Mayor of the Township of Randolph, along with all members of the Township Council and all citizens of Randolph, recognize James Cacciabeve, Michael Gomez, William Harzula, and Brett Sommer for their service, we thank them for their dedication to democracy and freedom, we thank them for their service to this community, and we honor them for their love of our country.

Mayor Obremski read the following citations from Congressman Frelinghuysen into the record.

Private James Craig Cacciabeve is hereby congratulated on being honored by the Randolph Township Mayor and Council for his service to our country with the United States Army, and as an infantryman for four years and three months. He is commended for having served in Afghanistan and in Iraq, and recognized on being the recipient of numerous medals and badges. His commitment to courage and devotion to duty enhances the finest traditions of the United States Army and the Randolph Township Police Department. Thank you for your service to our county.

SPC Brett Edward Sommer is hereby congratulated on being honored by the Randolph Township Mayor and Council for his service to our country with the United States Army as an infantryman for four years and four months. He is commended for having served two tours in Iraq and recognized on being the recipient of numerous medals and badges. His commitment to courage and devotion to duty enhances the finest traditions of the United States Army and the Randolph Township Police Department. Thank you for your service to our country.

SSG William John Harzula is hereby congratulated on being honored by the Randolph Township Mayor and Council for his service to our country with the United States Army as an infantryman for four years. He is commended for having served in three major offenses in Afghanistan and recognized on being the recipient of the Bronze Star with “V” device. His commitment to courage and devotion to duty enhances the finest traditions of the Unites States Army and the Randolph Township Police Department. Thank you for your service to our country.

SPC Michael John Gomez is hereby congratulated on being honored by the Randolph Township Mayor and Council for his service to our country with the United States Army as Calvery Scout for four years. He is commended for having served in North Korea and Iraq, and recognized as being the recipient of numerous medals and badges. His commitment to courage and devotion to duty enhances the finest traditions of the United States Army and the Randolph Township Police Department. Thank you for your service to our country.

APPROVAL OF MINUTES:

(1) Regular Minutes: September 20, 2007; October 18, 2007

(2) Executive Session Minutes: March 29, 2007, April 26, 2007, May 31, 2007, June 7, 2007

The Executive Session minutes for March 29, 2007, and April 26, 2007, were pulled for later discussion in Executive Session.

Councilman Napoliello made a motion to approve the Regular Minutes of September 20, 2007, and October 18, 2007, and the Executive Session Minutes of May 31, 2007, and June 7, 2007, as presented. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz (abstain on October 18, 2007)
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

OPEN TO PUBLIC

Joseph Briganti, 59 Everdale Road, stated that he had applied to the Morris County Park Police for a permit for the deer hunt at James Andrews Park and was told the quota had already been filled. He asked how this was possible since the ordinance allowing the hunt had not yet been adopted.

Manager Lovell responded that the Morris County Park Commission opened James Andrews County Park for the hunt and that Randolph is not able to govern the hunt on county land. Randolph is simply adding Hidden Valley Park to the hunt. Hunters need to register with the County Park Commission and they issue a limited number of permits. The Manager will contact the county and ask that Mr. Briganti, as well as several other residents of Randolph who have asked for permits, to be included in this year’s hunt.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price noted that the Economic Development Committee presented awards to Caldwell Banker, John Herold Jewelers, Christina’s Dessert Works, and Forte’s Pizzaria at their annual banquet.

Deputy Mayor Mitsch reported that the Community Services Advisory Committee is working to reorganize transportation for seniors and that Barbara Lukavich will be talking to Sunrise Assisted Living regarding this issue. A suggestion was made by Mrs. Stewart to look into whether taxi companies would be willing to donate rides to seniors. The Deputy Mayor also reported that Erica Metz, the student member for the Community Services Advisory Committee, has offered to make posters for upcoming senior citizen events in the hopes that will better publicize these events.

Councilman Algeier reported that the Environmental Commission is eagerly awaiting news from the county about the potential purchase of the Tucker Avenue property.

Councilman Alpert attended the township’s presentation to the County Open Space Committee and noted that the Assistant Township Manager made an excellent presentation regarding Tucker Avenue.

Councilman Metz reminded the Council that Traffic Safety Month concluded in October. He believes it was a successful program and expressed gratitude to John Herold Jewelers and State Farm Insurance Company for their generous donations to the program.

Manager Lovell reported that he met with the New Jersey DEP and the Morris County MUA, as well as several other towns served by the MUA, in Mt. Arlington where the moratorium on the water supply was discussed. He believes there is a very real water problem. He would like to invite the Morris County MUA to a future council meeting to discuss a project they are developing concerning an underground reservoir. The Manager asked the Council to read his Council Letter to them regarding the water moratorium and let him know if it should be posted on the web site. The Manager will be attending a Freeholders meeting on November 7 where he hopes to receive good news regarding the proposed Tucker Avenue project.

The Manager noted that Councilwoman Price would not be available to attend the interview process for potential engineers for the Butterworth Interceptor project. Councilman Algeier, Deputy Mayor Mitsch, and Manager Lovell will hold the interview process on November 8 and 6:30 p.m.

Manager Lovell reminded the council that the Fire House Inspection Dinner will be held on November 10. There will be a tour beginning at the Ironia Fire House at 3:00 p.m., a general inspection at 4:30 p.m., and the reception will follow.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #30-07: Repealing Ordinance 22-73, Landlord Security Funds Escrow

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REPEALING ORDINANCE NOS. 22-73 AND 36-74 OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, AND AUTHORIZING THE REFUND OF SECURITY FUNDS COLLECTED AND HELD IN ESCROW BY THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance repeals legislation that has been on the books since the early 1970s that has been under-utilized and is of little value today.

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 REPEALING ORDINANCE NOS. 22-73 AND 36-74 OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, AND AUTHORIZING THE REFUND OF SECURITY FUNDS COLLECTED AND HELD IN ESCROW BY THE TOWNSHIP OF RANDOLPH” 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

B. Introduction

(1) Amending Organizational Structure of the Office of the Manager and the Department of Engineering, Public Works and Zoning Administration

Manager Lovell summarized the re-organization that will take place with this ordinance and noted that it will result in a six-figure cost savings to the township.

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 THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE MANAGER AND THE DEPARTMENT OF ENGINEERING, PUBLIC WORKS, AND ZONING ADMINISTRATION/GIS” 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 6th of December, 2007, 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 congratulated the Manager for his work on this ordinance.

Councilman Alpert made a motion to introduce 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

(2) Amending Chapter 34, Parks and Recreation—Deer Hunting

Manager Lovell noted that allowing the hunt in order to thin out the deer herd is vital to the health of Randolph’s parks and wooded areas. Morris County has enjoyed success with this program in re-establishing the understory in county parks, and it is hoped this hunt will do the same for Randolph. The Manager summarized the ordinance, including various recommendations from the Parks Committee and Police Department that have been included in the ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 34-34 OF CHAPTER 34, PARKS AND RECREATION, 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 the 6th of December, 2007, 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 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

(3) 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 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 6th of December, 2007, 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. 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

(4) Authorizing the Acceptance of a Deed for Across Block 131, Lots 40 and 41—Raupp

Manager Lovell noted that this ordinance, as proposed by the Planning Board, will provide a municipal easement for access across two lots.

BE IT RESOLVED that an Ordinance entitled “AN 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 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 6th of December, 2007, 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
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

ABSTAIN: Councilman Napoliello

(5) Amending Chapter 15, Land Development Ordinance—Walls and Fences

Manager Lovell stated that this ordinance came about as a result of difficulties interpreting the present ordinance.

As the council was unable to access their computers for information on this ordinance, the Township Clerk was asked to read the following information provided by Darren Carney, Planning and Zoning Administrator, into the record:

“The intent of the revision to the ordinance was to clean up typos and inconsistencies with the current ordinance. The existing ordinance is below:

D. No fence shall exceed a height of four feet as measured from the lowest elevation of the finished grade to the top of the retaining wall. In the case of corner lots, such restrictions shall apply to both street frontages. No fence shall exceed six feet in height in side or rear yards. At the discretion of the Planning Board or Zoning Board of Adjustment, a fence or wall exceeding a six foot height shall be permitted if screening is enhanced by the deviation.

The first sentence talks about a fence and a wall interchangeably. The second sentence is unclear as to whether it pertains to walls or fences because of the first sentence. The third sentence only puts a restriction on fences but does not mention walls.

The new ordinance cleans up the fence/wall language, clarifies the height issue and regulates retaining walls separately under an existing retaining wall ordinance. The language relating to the exceptions to build fences/walls higher than six feet in height is in the current ordinance. This exception can only be granted by the land use boards. The testimony/proofs to be provided to grant an exception would be those usually required for a C1 or C2 variance. In addition, the sections below of the L.D.O. should be utilized as guidance:

A. Walls and fences shall be erected where required for privacy, screening, separation, security or to serve other necessary and reasonable functions.

B. Design and materials shall be functional, they shall compliment the character of the size and type of building, and they shall be suited to the nature of the project and the proposed site architecture.

C. No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic and safety.”

The Council agreed to carry the introduction of this ordinance to November 29, 2007.

COMBINED ACTION RESOLUTIONS

Councilman Metz 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
Councilman Alpert
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Obremski

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Cancel 2007 Delinquent Taxes, Water/Sewer, and 2007 Tax, Water/Sewer Overpayments of $10.00 and Under

R-277-07

WHEREAS, it is recommended by the Tax Collector that the 2007 delinquent taxes, water/sewer, and tax, water/sewer overpayments of $10.00 and under be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel the 2007 delinquent taxes, water/sewer, and 2007 tax, water/sewer overpayments of $10.00 and under.

(2) Authorizing Tax Collector to Credit the Account for Third Quarter Taxes on Block 199, Lot 46.17, Which Was Deeded To Randolph Township by K. Hovnanian—$1,239.06

R-278-07

WHEREAS, Block 199, Lot 46.17, was dedicated to Randolph Township by deed dated July 26, 2007, from K. Hovnanian; and

WHEREAS, this lot should be tax exempt for the fourth quarter in 2007.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 199, Lot 46.17, for the fourth quarter taxes in the amount of $1,239.06.

(3) Refund Registration for Artworks Studio (Minus $25.00 Processing Fee) to Susan Arnold—$155.00

R-279-07

WHEREAS, Susan Arnold registered her child for Artworks Studio and paid the fee of $180.00; and

WHEREAS, her child will not be attending the program due to other obligations that will interfere with the child taking the class.

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 $155.00 (less the Township processing fee of $25.00) be refunded to Susan Arnold, 9 Jodilee Lane, Randolph, NJ 07869.

B. Award Contract for the Purchase of Mobil Data Collector—Neptune MRX920 or Equivalent—Rio Supply—$30,000.00

R-280-07

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a Mobile Data Collector—Neptune MRX920 or Equivalent; and

WHEREAS, bids were received on October 18, 2007, in accordance with the Local Public Contracts Law; and

WHEREAS, Rio Supply Inc., dba SLC Meter East, Sicklerville, New Jersey, was the sole bidder meeting all the specifications at a total contract price of $30,000.00.

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 Rio Supply Inc., dba SLC Meter East, Sicklerville, New Jersey, at a total contract price of $30,000.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 1, 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, Water and Sewer, Other Expense, to award a contract to Rio Supply, Inc., dba SLC Meter East, for the purchase of a Mobile Data Collector—Neptune MRX920 or Equivalent, in the amount not to exceed $30,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. 2007 Budget Amendment—State of New Jersey Recreational Trail Program Grant—$25,000.00

R-281-07

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; and,

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

SECTION 1

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 sum of $25,000.00 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—DEP—National and Historic Resources—Recreational Trail Program Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $25,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—DEP—National and Historic Resources—Recreational Trail Program Grant

D. Various Capital Improvement Authorizations Cancelled

R-282-07

WHEREAS, the attached list of certain General Capital Improvement Authorization balances remain dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel these balances.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director is instructed to cancel the unexpended and dedicated balances of the attached list of Capital Improvement Authorizations.

E. Release of Maintenance Guarantee for Off-Site Water System Cash Bond for Block 21, Lots 32 and 32.01, to Rolling Hill Company—$5,929.00

R-283-07

WHEREAS, the Engineering Department has received a request from the Rolling Hill Company for the release of the maintenance guarantee for the offsite water system constructed in conjunction with the Rolling Hills subdivision, Block 21, Lots 32 and 32.01; and

WHEREAS, the maintenance guarantee consisted of a cash bond in the amount of $2,964.50 which was received and deposited with the Finance Department on May 7, 2002, and a Letter of Credit No. 2908 in the amount of $2,964.50, which was filed with the Township Clerk’s office; and

WHEREAS, the Developer was required to post this maintenance guarantee in the amount of $5,929.00 for a period of two years following the date of final topping of the roadways.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township of Randolph release the cash maintenance bond in the amount of $2,964.50 and Letter of Credit No. 2908 in the amount of $2,964.50 to the Rolling Hill Company, 466 Southern Boulevard, Adams Building, Chatham, NJ 07928.

F. Release of Maintenance Guarantee for On-Site Water System Cash Bond for Block 21, Lots 32 and 32.01, to Rolling Hill Company—$6,545.00

R-284-07

WHEREAS, the Engineering Department has received a request from the Rolling Hill Company for the release of the maintenance guarantee for the onsite water system constructed in conjunction with the Rolling Hills subdivision, Block 21, Lots 32 and 32.01; and

WHEREAS, the maintenance guarantee consisted of a cash bond in the amount of $3,272.50 which was received and deposited with the Finance Department on May 7, 2002, and a Letter of Credit No. 2907 in the amount of $3,272.50 which was filed with the Township Clerk’s office; and

WHEREAS, the Developer was required to post this maintenance guarantee in the amount of $6,545.00 for a period of two years following the date of final topping of the roadways.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township of Randolph release the cash maintenance bond in the amount of $3,272.50 and Letter of Credit No. 2907 in the amount of $3,272.50 to The Rolling Hill Company, 466 Southern Boulevard, Adams Building, Chatham, NJ 07928.

G. Authorizing Tax Collector to Credit the Account for Fourth Quarter Taxes on Block 199, Lot 46.17, Deeded to Randolph Township by K. Hovnanian—$1,239.06

R-285-07

WHEREAS, Block 199, Lot 46.17, was dedicated to Randolph Township by deed dated July 26, 2007, from K. Hovnanian; and

WHEREAS, this lot should be tax exempt for the fourth quarter in 2007.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 199, Lot 46.17, for the fourth quarter taxes in the amount of $1,239.06.

H. Authorizing Tax Collector to Credit the Account for Fourth Quarter Taxes on Block 21, Lot 32.08, Dedicated to Randolph Township by Ordinance From Rolling Hill Company—$434.62

R-286-07

WHEREAS, Block 21, Lot 32.08, was dedicated to Randolph Township by Ordinance No. 27-07, September 18, 2007, from Rolling Hill Company; and

WHEREAS, this lot should be tax exempt for the fourth quarter in 2007.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 21, Lot 32.08, for the fourth quarter taxes in the amount of $434.62.

I. Donation of Emergency Light Bar to Stanhope Fire Company #1

R-287-07

WHEREAS, Randolph Township has an emergency light bar which is unused and being stored at the Department of Public Works; and

WHEREAS, Stanhope Fire Company #1 is in need of an emergency light bar for their Fire Chief’s vehicle; and

WHEREAS, Ray Stromberg recommends that we donate our emergency light bar to Stanhope Fire Company #1.

NOW THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that Randolph Township donate their unused emergency light bar to Stanhope Fire Company #1;

J. Raffles

(1) Off-Premise Merchandise Raffle, Randolph Engine Co. #5, 118 West Hanover Avenue, Randolph, NJ, January 2, 2008, 7:30 p.m.

(2) On-Premise Basket Raffle, Ironia PTA, Ironia Elementary School, 303 Dover Chester Road, Randolph, NJ, January 16, 2008, 10:00 a.m. - 3:45 p.m.

(3) On-Premise 50/50 Raffle, Ironia PTA, Ironia Elementary School, 303 Dover Chester Road, Randolph, NJ, January 16, 2008, 10:00 a.m. - 3:45 p.m.

(4) Off-Premise Merchandise Raffle, Ironia PTA, Ironia Elementary School, 303 Dover Chester Road, Randolph, NJ, January 16, 2008, 3:45 p.m.

(5) Off-Premise Raffle, Greek Orthodox Community Center of Randolph, Randolph, NJ, December 16, 2007, 12:30 p.m.

(6) On-Premise Casino Night, The Rose House, December 1, 2007, 7:00 p.m. - 12:00 Midnight, Skylands at Randolph, Route 10 West, Randolph

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier expressed that, in light of the quota for hunters at James Andrews Park being filled already, the Manager may want to suggest to the county that they consider allowing residents priority if local hunts take place in the future. He noted that the county is very concerned with public safety and is looking for experienced hunters. The Councilman also noted that a request has been received for a stop sign on Guy Street and will refer that matter to the Traffic Advisory Committee. Councilman Algeier proposed formal council discussion to adopt a policy regarding shared services and shared purchases. Such a policy in place would let residents know that the council is serious about looking at ways to save taxpayer money through shared services.

Councilman Napoliello noted that he has experienced complications with the lap top computer system and asked the Manager to look into the matter to make necessary repairs.

Manager Lovell stated that shared services with the county regarding animal sheltering is once again being discussed. The Manager has named Norma Jacobs and Mark Caputo to be a part of that county committee. He has also asked the architect working on the redesign of the local animal shelter to continue with the conceptual design, however he has placed the project on hold at this time.

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. Randolph Mountain
B. Property Acquisition
C. Executive Session Minutes of March 29, 2007
D. Executive Session Minutes of April 26, 2007

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. 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

Councilman Alpert made a motion to move 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 9:35 p.m.

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 J. Buzak

Property Acquisition

Manager Lovell reported that he expects the news on the proposed Tucker Avenue project to be positive in regards to Randolph’s grant request. He has had discussions with the owner, who is apparently willing to sell the property, however he has a partner who has been somewhat difficult to deal with. Randolph’s appraisal for the property came in at $1.1 million. The property owner’s appraisal came in at $1.5 million. Since there is a desire to move quickly on this project, the Manager asked for authorization to begin negotiations at $1.3 million.

Councilman Algeier suggested authorizing negotiations to begin at $1.35 million. He also suggested reminding the property owner of possible tax advantages for selling the property.

The Council gave the Manager approval to begin negotiations for the purchase of the Tucker Avenue property.

Randolph Mountain

Do not release.

Executive Minutes—March 29, 2007

Councilman Algeier noted that the minutes were not accurate as they pertain to the Council’s discussion of the Manager’s evaluation. The Council decided to perform a mid-year review, not an evaluation, consisting of where the Manager was in regard to goal achievement, etc.

The Township Clerk will amend the minutes as suggested.

Executive Minutes—April 26, 2007

Councilman Algeier noted that the minutes were not accurate as they pertain to the personnel issue. The council was named in a Notice of Claim. Councilman Algeier also noted that the minutes should reflect that the Township Manager was serving a member of the police department with departmental charges.

Councilman Algeier noted that, in the discussion regarding open space, it should be noted in the minutes that he suggested the Tucker Avenue property as a potential acquisition for 2007 and recommended the use of that parcel in our county open space application.

The Township Clerk will amend the minutes as suggested.

Donna Marie Luciani
Township Clerk