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: September 21, 2006

A regular meeting of the Randolph Township Council was called to order at 8:10 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 (arrived 8:20 p.m.)
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

ABSENT:
Councilman Manning
Councilwoman Mitsch

Also present: Assistant Manager Tom Russo and Township Attorney Edward Buzak

Mayor Algeier led the Pledge of Allegiance.

COUNCIL AND MANAGER REPORTS

Councilwoman Price reported that the Economic Development Committee will hold their annual Awards Banquet on October 26 at 6:00 p.m.

Deputy Mayor Obremski noted that three high school students representing STAND attended a Parks Committee Meeting and asked for permission to hang ribbons from the fence at Freedom Park to bring awareness to their cause. After deliberation and discussion, the Parks Committee denied their request so as not to create a precedent. He noted that the Traffic Committee is finalizing plans for October, which is Traffic Safety Month and their program “Slow Down Randolph.” There will be information on this in the local newspaper and on the town web site.

Deputy Mayor Obremski nominated Jen Huston as a Student Member on the Parks Committee. A voice vote in favor was unanimous.

Mayor Algeier reported that he attended the Kiwanis 35th Anniversary Celebration and Kids Day America, two very worthy efforts. The Preparedness Month push for homeland security is going well with lots of pamphlets and information getting out to the public.

Councilman Napoliello stated that representatives from the Open Space Committee, along with the Assistant Manager and himself, met with the Morris County Committee to look at the Rebernik and Powers properties.

Assistant Manager Russo reported that he and Manager Lovell attended a shared services meeting at the County where the Assistant Manager gave a brief presentation on the co-op, as well as shared the suggestion of an e-bay-type forum where member towns can post, via a web site, possible equipment swaps. It was well received by the towns attending the meeting. He believes there will be a push from the county to implement a county-wide animal shelter, expansion of health services and programs, DPW equipment and services, technology, and purchasing.

The Assistant Manager reported that Randolph received payment from Green Acres for the Nitti acquisition in the amount of $593,272.20. Randolph is participating in the annual Municipal Public Information Contest and has entered the web site, the annual report, and the last three newsletters for consideration. Standard and Poor’s has increased Randolph’s rating to AA+.

Mayor Algeier asked the Assistant Manager to relay the Council’s appreciation to the staff for their cooperation with the Council and the work they’ve done to bring about the increased rating.

Assistant Manager Russo reported that the Open Space tour is Saturday for the Powers and Rebernik properties. There will be a presentation at the end of October. The Planning Board approved the sub-division for Center Road.

Mayor Algeier noted that Manager Lovell had invited the members of the Center Road Association to attend the Planning Board meeting, however no one from the Center Road Association attended. The only comment was from a resident who knew the Association opposed the sale of the property but thought that the town was doing the right thing.

OPEN TO PUBLIC

Dan Lynn, Rolling Ridge Road, asked when the report on the town swimming pool would be available to the public.

ORDINANCES

A. Introduction

(1) Appropriating $50,000.00 for Brundage Theater Improvement

John Van Brunt, Director of Parks, Recreation and Community Services, provided a summary of the finances of the theater, how the bid process was done and a contractor chosen.

Mayor Algeier asked Mr. Van Brunt to convey to the theater group the Council’s appreciation for the work they are doing.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR IMPROVEMENTS TO THE BRUNDAGE PLAYHOUSE APPROPRIATING $50,000.00 FROM THE RECREATION DEDICATED TRUST FUND” 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 5th of October, 2006, at 8:00 in the evening, 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 Napoliello made a motion to introduce the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

In answer to Mr. Lynn’s question regarding the pool survey, Mr. Van Brunt reported that the survey will probably be available in late October or early November.

COMBINED ACTION RESOLUTIONS

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

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

A. Refund/Adjustment Resolutions

(1) Refund Tree Replacement Bond to SJC Builders for 6 Blue Bird Court—$600.00

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WHEREAS, on April 7, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $1,200.00 covering a Tree Replacement Bond for 6 Blue Bird Court, Block 112, Lot 17.10; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced three trees.

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 $600.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(2) Refund Tree Replacement Bond to SJC Builders for 5 Fairway—$1,400.00

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WHEREAS, on April 7, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $1,400.00 covering a Tree Replacement Bond for 5 Fairway, Block 48, Lot 1.04; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced all trees.

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 $1,400.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(3) Refund Tree Replacement Bond to SJC Builders for 9 Dolly Bridge Road—$2,000.00

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WHEREAS, on April 7, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $4,000.00 covering a Tree Replacement Bond for 9 Dolly Bridge Road, Block 93.02, Lot 4; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced ten trees.

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 $2,000.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(4) Refund Tree Replacement Bond to SJC Builders for 4 Julianne—$1,800.00

R _____

WHEREAS, on April 7, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $2,000.00 covering a Tree Replacement Bond for 4 Julianne, Block 93, Lot 42.04; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced nine trees.

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 $1,800.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(5) Refund Tree Replacement Bond to SJC Builders for 2 Quail Run—$1,400.00

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WHEREAS, on May 19, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $1,400.00 covering a Tree Replacement Bond for 2 Quail Run, Block 47.02, Lot 1.01; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced all trees.

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 $1,400.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(6) Refund Tree Replacement Bond to SJC Builders for 60 Quail Run—$1,400.00

R _____

WHEREAS, on July 22, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $4,800.00 covering a Tree Replacement Bond for 60 Quail Run, Block 47.02, Lot 1.07; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced all trees.

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 $3,400.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(7) Refund Tree Replacement Bond to Robert Hodge for 5 Fawn Hill Court—$600.00

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WHEREAS, on September 18, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $800.00 covering a Tree Replacement Bond for 5 Fawn Hill Court, Block 81.04, Lot 16; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced three trees.

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 $600.00 be refunded to Robert Hodge, 5 Fawn Hill Court, Randolph, NJ 07869.

(8) Refund Tree Replacement Bond to SJC Builders for 10 Julianne—$2,751.35 (With Interest Accrued)

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WHEREAS, on September 18, 2003, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $12,800.00 covering a Tree Replacement Bond for 10 Julianne, Block 93, Lot 42.07; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced thirteen trees.

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 $2,751.35 (with interest accrued) be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(9) Refund Tree Replacement Bond to Ausza Covalesky for 27 Zander Lane—$400.00

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WHEREAS, on January 2, 2004, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $2,800.00 covering a Tree Replacement Bond for 27 Zander Lane, Block 146, Lot 24; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced two trees.

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 $400.00 be refunded to Ausza Covalesky, 27 Zander Lane, Randolph, NJ 07869.

(10) Refund Tree Replacement Bond to SJC Builders for 8 Quail Run—$400.00

R _____

WHEREAS, on March 3, 2004, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $1,000.00 covering a Tree Replacement Bond for 8 Quail Run, Block 47.02, Lot 21.01; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced two trees.

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 $400.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(11) Refund Tree Replacement Bond to SJC Builders for 11 Julianne—$1,463.55 (With Interest Accrued)

R _____

WHEREAS, on June 17, 2004, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $9,600.00 covering a Tree Replacement Bond for 11 Julianne, Block 93.02, Lot 7; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced seven trees.

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 $1,463.55 (with interest accrued) be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(12) Refund Tree Replacement Bond to SJC Builders for 14 Julianne—$263.55 (With Interest Accrued)

R _____

WHEREAS, on June 17, 2004, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $9,600.00 covering a Tree Replacement Bond for 14 Julianne, Block 93, Lot 42.09; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced one tree.

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 $263.55 (with interest accrued) be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(13) Refund Tree Replacement Bond to SJC Builders for 11 Dolly Bridge—$142.73 (With Interest Accrued)

R _____

WHEREAS, on June 17, 2004, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $9,600.00 covering a Tree Replacement Bond for 11 Dolly Bridge, Block 93.02, Lot 5; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced one tree.

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 $142.73 (with interest accrued) be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(14) Refund Tree Replacement Bond to SJC Builders for 9 Julianne—$1,400.00

R _____

WHEREAS, on July 22, 2004, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $1,400.00 covering a Tree Replacement Bond for 9 Julianne Way, Block 93.02, Lot 6; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced all trees.

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 $1,400.00 be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

(15) Refund Tree Replacement Bond to Peter Dorizas for 9 Stratford Drive—$400.00

R _____

WHEREAS, on April 5, 2006, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $400.00 covering a Tree Replacement Bond for 9 Stratford Drive, Block 81.02, Lot 8; and

WHEREAS, the allotted time for replacement has expired and the applicant has replaced all trees.

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 $400.00 be refunded to Peter Dorizas, 9 Stratford Drive, Randolph, NJ 07869.

B. Express Concern Over the Budget Process—“Christmas Tree” Items

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WHEREAS, the State of New Jersey faced an unprecedented fiscal crisis in the spring of 2006 due to years of irresponsible budget practices; and

WHEREAS, in response to this predicament, the state reduced spending on a number of public services, in turn forcing municipalities, state colleges and common citizens to either make up the losses or do without; and

WHEREAS, the New Jersey FY2007 budget raised the sales tax from six to seven percent and extended the tax to include additional goods and services, which will cost the average New Jersey family an additional $600.00 per year; and

WHEREAS, in the final hours of crafting a new state budget, a handful of state senators and assembly members added nearly $350 million in “Christmas Tree gifts” for their respective legislative districts; and

WHEREAS, in recent weeks it has become increasingly clear that powerful legislators have abused their fiscal powers to an extent never seen before in this state; and

WHEREAS, these same legislators point their fingers at local governments to demand reform, while they themselves continue to conduct business as “usual” in Trenton in the midst of fiscal crisis.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, in the County of Morris, New Jersey, that the wasteful spending practices of legislators should be exposed to the full light of public scrutiny.

BE IT FURTHER RESOLVED that the Township Council calls upon Governor Jon S. Corzine to identify and freeze the $350 million in questionable appropriations. Further, Governor Jon S. Corzine should remand all Christmas Tree appropriations back to the respective finance committees of both legislative houses for further public consideration and hearings. Finally, it is recommended that Governor Jon S. Corzine refuse to release said Christmas Tree appropriations except in those cases where both houses of the legislature can demonstrate clear evidence of the inherent benefit of same for tax payers of this state.

BE IT FINALLY RESOLVED that copies of the resolution shall be forwarded to Governor Jon Corzine, Randolph’s legislative delegation, all Morris County Municipalities, and the editorial boards of area newspapers.

C. Release of Performance Guarantee for Public Improvements—Rustic Woods Associates—Block 199, Lots 1.01 Through 33—$31,481.16

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WHEREAS, the Township Engineer has received a request from Rustic Woods Associates for the release of the performance guarantee for the public improvements at Block 199, Lots 1.01 through 33, Rustic Woods; and

WHEREAS, the performance guarantee consisted of a cash bond in the amount of $31,481.16 which was received and deposited with the Finance Department in June of 1995 and was filed with the Township Clerk’s Office.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the original cash bond of the performance guarantee in the amount of $31,481.16, plus accrued interest, be released as recommended by the Township Engineer to Rustic Woods Associates, 18 Columbia Turnpike, Florham Park, NJ 07932.

D. Authorize Rescission of a Portion of MCCPC Contract #47 From SLC Meter East Due to Loss of Contract with Their Supplier

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WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a portion of Contract #47 (Water Meters, Data Recorders & Radio Frequency MIU’s) on June 29, 2006, to SLC Meter East of West Berlin, New Jersey, for the following items:

Category A: Water Meters MIU’s—Item #1—First Point TDS-2, Standard, @ $155.00/each

Category C: Data Recorders—Item #1—First Point TDS-2 with Booster Board, @ $175.00/each

WHEREAS, SLC Meter East has notified the MCCPC tha their supplier for the above equipment (First Point) has cancelled their reseller’s contract with their company, resulting in their inability to sell their product to the membership; and

WHEREAS, it is in the public interest to rescind a portion of SLC Meter East’s contract.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a portion of SLC Meter East’s contract for Item #1 of Category A and Item #1 of Category C of Contract #47 (Water Meters, Data Records & Radio Frequency MIU’s) be rescinded due to the loss of contract with their supplier.

E. Agreement Authorizing Receipt and Storage Mass Prophylaxis Dispensing Supplies—Morris County Office of Health Management

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WHEREAS, Randolph Township’s Health Department wishes to enter into an Agreement with the County of Morris, Office of Health Management, allowing Randolph to accept delivery of and store a Mass Prophylaxis Dispensing Site Supply Kit and a Mass Prophylaxis Dispensing Site Sign Kit; and

WHEREAS, both parties agree to abide by all the terms and conditions of said agreement, entitled Local Core Capacity Infrastructure for Bioterrorism Preparedness—Receipt of Mass Prophylaxis Dispensing Supplies.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that Acting Health Officer Mark Caputo be authorized to sign this agreement.

F. Defense and Indemnification of Municipal Police Officers and Police Departments Serving on State and County Law Enforcement Task Forces

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WHEREAS, from time to time, the Prosecutor of the County of Morris, who is the Chief Law Enforcement Officer of the County, calls upon municipalities to provide additional manpower in order to properly conduct what is commonly referred to as Task Force investigations; and

WHEREAS, the Township has become painfully aware that under existing law, although the Prosecutor is clearly carrying out a State function when seeking support from local law enforcement agencies, the State does not provide either a defense or indemnification to municipal police officers, assigned to a County Task Force, if a municipal police officer is named as a defendant in litigation as a result of those activities; and

WHEREAS, the Township believes that the State’s position is inappropriate for a number of reasons, specifically, that a municipality should not be called upon to subsidize the State in carrying out State functions and that when a municipality or an employee of the municipality’s law enforcement agency is sued, the State should provide a defense and indemnification, rather than forcing the cost of the defense and indemnification upon the municipality; and

WHEREAS, the law appears to be an anomaly in that if a State employee is part of a Task Force, the State will provide a defense and indemnification, however, if a municipal police officer is part of the same Task Force carrying out a State function, the State will not provide a defense or indemnification; and

WHEREAS, the Township feels that from a public policy standpoint, this is totally inappropriate, especially based upon the fact that law enforcement is very much a regional undertaking in which municipal, county, and/or state officers must coordinate their activities in order to be successful; and

WHEREAS, the Township believes that this matter needs to be addressed by the Legislature by way of an amendment to NJSA 59:10A-1 so that it includes the obligation of the State to provide a defense and indemnification for Municipal and County employees involved in law enforcement.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Legislators representing the Township of Randolph seek an amendment to NJSA 59:10A-1 so that the statute, which requires the State to provide a defense and indemnification to State employees, include Municipal and County employees involved in law enforcement activities on behalf of the State.

BE IT FINALLY RESOLVED that copies of this resolution be provided to Randolph Township’s state legislative delegation and members of the Board of Chosen Freeholders on Morris County.

G. Raffles

(1) Social Affair Permit—Randolph Chemical Engine Co. #2—Golf Outing Dinner—October 5, 2006—3:00 p.m. to 9:00 p.m.

(2) Social Affair Permit—St. Andrew Greek Orthodox Church—Community Center, Sussex Turnpike, September 23, 2006—5:00 p.m. to 9:00 p.m.

(3) Application for Off-Premise Raffle, Randolph Rotary Club, on December 5, 2006, at 8:00 p.m. at the Randolph Diner

EXTRA SPECIAL SURPRISE EVENT

Mayor Algeier celebrated his birthday with a cake for the Council.

COUNCIL COMMENTS

Councilman Napoliello noted that Joe and Doris Dolan asked him to invite the Council to attend a Fish & Chips Dinner on October 7 from 5:00 to 7:00 p.m.

OPEN TO PUBLIC

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

EXECUTIVE

Township Attorney Buzak stated that he just got a package of information on the Gary Grey matter from the attorney and he’s also been in contact with the investigator from the Morris County MUA who has some interesting information. No report tonight.

ADJOURNMENT

The Mayor adjourned the meeting at 8:50 p.m.

Donna Marie Luciani
Township Clerk