All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: April 6, 2010

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Alpert. 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 Randolph Reporter and the Morris County Daily Record on December 7, 2009, by emailing them the annual resolution adopted by the Council on December 3, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 17, 2009. The Notice of Time Change for tonight’s meeting was provided to the Randolph Reporter and the Morris County Daily Record on March 12, 2010, through email. The time change for this meeting date was advertised in the Randolph Reporter and Morris County Daily Record on March 18, 2010.

PRESENT:
Councilman Algeier
Councilman Metz
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch (arrived 7:25 p.m.)
Mayor Alpert

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

Mayor Alpert led the Pledge of Allegiance.

PRESENTATION—Board of Education

Lovell introduced Greg Marks, President of the Board of Education, and thanked him for his years of service.

Mr. Marks’s comments included the following:

• The budget formulation is a very public process
• Work began prior to the beginning of the fiscal year
• This year is very difficult
• They are faced with revenues insufficient to meet the expected needs of the district
• State aid was cut by $3.7 million
• The budget was adopted after a series of public hearings

Ms. Stifelman’s comments included the following:

• The presentation has changed several times since first meeting on February 20 when it was assumed they would be receiving flat state aid
• They were caught off guard with amount of the tax cut because the state had indicated all along that they would be considering efficiencies and adequacies
• Randolph has benefited over the years because we are an extremely efficient school district
• Randolph does not spend as much per pupil as many other comparable districts
• Governor Christie made a decision to cut state aid consistently across all school districts by eliminating 5 percent out of the general fund
• Randolph had a very short time to react and come up with a plan
• The Board made presentations throughout the community and one thing she hears over and over is to cut administration
• They have cut significantly from the administrative level in the last few years—so much so that they are the lowest in Morris County and they received a letter from state saying they are not adequately spending on administration in the district
• In last 5 years they have been faced with a gap between expenses and revenue
• They have cut 10 percent of full time positions in the district including administrators and teachers over the last 5 years
• With flat state aid they were faced with a full cap 4 percent budget and $2.27 million dollar deficit
• They had planned to reduce 25 positions and programs and services throughout the district to make up the gap
• When hit with reduction in state aid, $3.7 million was added to $2.27 million at a 4 percent cap
• The plan now to close the gap is to reduce the budget as originally intended by $2.27 million by: eliminating 25 administrators, staff and teachers including director of personnel at central office, all elementary guidance counselors, stripping all elementary of administrators except for principals, no teachers to teach enrichment program, no teachers at elementary level to teach world language even though it is state mandated (it will be done through computer technology), getting rid of cycle courses and teachers at middle school, eliminate sections at high school through scheduling efficiencies, eliminating nurses between high school and middle school
• They have implemented a lot of long and short term cost savings measures
• They have conducted an energy audit that will have savings this year and going forward
• They will outsource food services
• They are implementing fees for all extracurricular activities
• They will delay many facilities’ projects
• Additional steps need to be taken to address the additional $3.7 million
• They are taking an aggressive approach by eliminating $1.6 million out of budget which effectively eliminates all salary increases in the budget
• The biggest union contract is open, the REA, and they hope to negotiate the value of that salary increase with the REA union
• They are reducing salaries by 1.5 percent per state legislation passed two weeks ago which will offset benefits costs
• $1.5 million will be added to tax levy as a waiver so the total tax levy will be an increase of 6.5 percent or $341.00 for the average home assessed at $338,000.00
• Tax levy will be 85 percent of revenue
• State aid will be 14 percent
• The Board is working very closely with PTAs and school organizations to get this information out in a positive way to help budget pass
• If the budget fails, it will come to the Township Council and the Board will have to work within the confines of the Council’s decisions
• The budget is at the point where anything else that comes out will impact the quality of the school district
• Legislation is pending that will decrease the tax levy to 2.5 percent
• The budget is at a low surplus level right now
• They are in a very difficult situation because of unknown situations and things they can’t control
• The Board is working very hard on short and long term projects to try to reduce expenses—85 % is made up of labor
• The budget can be found online

Councilman Algeier asked if the Board expects to have an answer regarding the salary freeze by the time the vote is taken on the budget.

Mrs. Stifelman responded she does not expect an answer from the REA before April 20.

Mayor Alpert thanked the members of the Board in attendance for their time and presentation.

EXECUTIVE SESSION

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

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

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

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

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

a. Personnel

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

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

Councilman Algeier made a motion to move into Executive Session at 7:30 p.m. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Algeier made a motion to return to Open Session at 7:45 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

PROCLAMATION—Alcohol Awareness Month

Mayor Alpert read the following proclamation into the record:

WHEREAS, adults who provide alcohol to those below the legal drinking age of 21 are placing those youth at risk for health, safety, and legal problems; and

WHEREAS, alcohol use by young people is dangerous, not only because of the risks associated with acute impairment, but also because of the threat to their long-term development and well-being; and

WHEREAS, it is illegal to give or allow your teen’s friends to drink alcohol in your home, even with their parents’ permission; and

WHEREAS, Randolph Township has joined The Community Trials Intervention (CTI) Coalition which has been mobilized to reduce underage drinking by youth; and

WHEREAS, The Community Trials Intervention (CTI) Coalition promotes healthy choices among youth and adults; and

WHEREAS, adults have the authority and responsibility to our youth to provide them with alternative opportunities by creating alcohol free activities; and

WHEREAS, The Community Trials Intervention (CTI) Coalition can influence public policy and legislation affecting youth, adults and families; and

WHEREAS, The Community Trials Intervention (CTI) Coalition connects all elements of society in the struggle against underage drinking; and

WHEREAS, the Township of Randolph encourages residents to take the necessary steps to discourage the illegal and unhealthy practice, including the reporting of underage drinking by calling the “Randolph ACTion Hotline”; and

WHEREAS, the Township of Randolph not only discourages the use of alcohol by those below the legal age of consumption, but also exhorts all residents of Randolph Township to refuse to provide alcoholic beverages to those underage youth, and will continue to take the necessary steps to discourage this illegal and unhealthy activity upon youth.

NOW, THEREFORE, BE IT RESOLVED that I, Jay Alpert, Mayor of the Township of Randolph, in the County of Morris, New Jersey, ask that all the residents of the community join me in supporting the Community Trials Intervention (CTI) Coalition and Randolph Township as it works to reduce underage drinking.

BE IT FURTHER RESOLVED that April is recognized as Alcohol Awareness Month.

The Proclamation was accepted by Nancie Ludwig, a member of the Municipal Alliance Committee.

OPEN TO PUBLIC

Geoffrey Price, 13 Mariner Drive, distributed a copy of the Kiwanis Club’s proposal for the Freedom Festival scheduled for July 3, 2010, to the Council and asked the Council for a commitment to provide funds to cover security and transportation.

Manager Lovell responded that the Council meeting on April 15 will be dedicated to budget issues to prepare for possible introduction in May. He will be providing the Council with additional budget documents before the meeting. Funding the celebration of public events will be one of many budget issues discussed at that meeting.

Lauren Marks, 6 Floral Drive, asked if the Board of Education was considering eliminating the kindergarten program for the 2010-2011 school year. Mrs. Marks reported that several street signs are missing in her area.

Mayor Alpert responded that questions regarding the Board of Education budget should be addressed directly to the Board of Education.

Manager Lovell responded that many signs were lost as a result of the weather this past winter and that they will be replaced.

Julie Hooper, 71 Everdale Road, urged the Council to consider salary freezes or pay cuts as opposed to imposing employee layoffs.

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier reported that the Planning Board received a letter from the Kushner Corporation stating their reasons for why their portion of the sewer project has stalled and indicating that pipe bursting is no longer an option per DEP regulations.

Manager Lovell responded that the rejection of pipe bursting came from the US Environmental Protection Agency. Randolph has gone through a re-design of their section of the project and the Manager is waiting for a determination as to whether the Kushner portion of the project is doable without pipe bursting. Manager Lovell noted that he does not believe there to be an appeals process to the pipe bursting decision by the EPA.

Councilman Algeier asked if the whole project will have to be re-designed.

Manager Lovell responded that re-designing the entire project is a possibility. No meeting has taken place with the Kushner Corporation yet to determine how the pipe bursting ban impacts their ability to do their portion of the project. The Manager will be in a better position to advise the Council once that meeting has taken place.

Councilman Algeier reported that the Planning Board discussed an inconsistency in the Land Development Ordinance dealing with whether or not driveways must be 30 feet wide. The Councilman asked the Manager to meet with Mr. Carney and Mr. Carchia to clarify the ordinance. Councilman Algeier cited an editorial in the Star Ledger featuring Mayor Alpert and the discussion of shared services with Mendham and he suggested posting it on the Randolph Township website.

Councilwoman Price referred to Mrs. Hooper’s comment regarding salary freezes and cuts versus employee layoffs. The Councilwoman has heard similar comments from others in the community regarding this issue. Councilwoman Price noted that she has proposed salary freezes or cuts as well as revisiting professional services agreements for additional savings. Councilwoman Price offered to forego the remainder of her salary for the year as a show of good faith and encouraged others on the Council to follow her lead.

Deputy Mayor Mitsch attended a Morris County Municipal Summit. There was discussion on whether or not the Morris County Pricing Cooperative could be utilized to look at solar panel purchases where they make sense. The Deputy Mayor asked the Manager to place this item on a future agenda for further discussion.

Manager Lovell responded that he will place that item on a future agenda and will likely have candidates in mind for that type of improvement.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #2-10: Appropriating $3,400,000.00 for Expansion and Renovations of the Senior/Community Center, Library Renovations, and Site Plan Improvements

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR THE RENOVATION OF THE SENIOR COMMUNITY CENTER AND LIBRARY IN AN BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $3,400,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,230,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is a significant project for Randolph. Both buildings are in need of repair and the Manager summarized what the proposed renovations and repairs will include. Bids are likely to be very competitive at this time and the Manager believes this is a good time to move forward with this project. Investing in the township’s infrastructure is crucial to maintain its integrity for decades to come.

Mayor Alpert opened the meeting for a public hearing.

Nancie Ludwig, 14 Lookout Road, asked how much square footage will be gained for the Recreation Department, if the Recreation Department still be located within the Senior building, and what changes will occur inside of the building.

Manager Lovell referred to the drawings of the proposed project and summarized the changes and enhancements to both the Senior Community Center and Library.

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

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR THE RENOVATION OF THE SENIOR COMMUNITY CENTER AND LIBRARY IN AN BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $3,400,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,230,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 adopt the ordinance. Councilman Obremski seconded the motion.

Councilman Algeier stated his reasons for supporting for the ordinance. He believes maintenance on these buildings has been deferred long enough and that it is time to address the issues there.

The following roll call vote was taken:

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

NAYS: None

(2) Ordinance #3-10: Calendar Year 2010 Ordinance to Exceed the Municipal Budget Appropriations Limits and To Establish a Cap Bank

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2010—ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance will address the appropriations cap and will allow Randolph to bank this year’s cap and create flexibility in next year’s budget should the need arise.

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

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2010—ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” 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 Price noted that there is some discussion for a 2.5 percent levy cap next year and asked if there were any indications that the appropriations cap would be impacted.

Manager Lovell responded that there have not been any discussions on changing the appropriations cap.

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

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

NAYS: None

B. Introduction

(1) Special Assessment Ordinance Appropriating $345,000.00 for the Extension of the Emery Avenue Sewer Main to Serve Mac Spar Drive Properties (100 Percent Special Assessment)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE MAC SPAR DRIVE SEWER LINE EXTENSION IN THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE SUM OF $345,000.00 AND DIRECTING THE SPECIAL ASSESSMENT OF THE COST THEREOF” 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 May, 2010, 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 or by summary with the Notice of Introduction thereof in the official designated newspaper according to law.

Manager Lovell stated that the residents approached the Township requesting sewer extensions. A petition was signed by two-thirds of the property owners impacted that indicates their support of the special assessment they will receive as a result of this project. The residents have been notified that the ordinance is being introduced tonight and they will also be invited to the public hearing when the ordinance is scheduled for final adoption.

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

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

NAYS: None

(2) Authorizing Land Acquisition of Block 195, Lot 25—232 South Salem Street (2009 Morris County Open Space Grant)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF BLOCK 195, LOT 25 (232 SOUTH SALEM STREET) LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM ALAN C. MACKERLEY FOR MUNICIPAL PUBLIC PURPOSES” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 6th of May, 2010, 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 or by summary with the Notice of Introduction thereof in the official designated newspaper according to law.

Manager Lovell stated that this ordinance is for an open space acquisition for $350,000.00 for the Mackerly property. The Morris County Open Space Fund will provide $200,000.00 and the balance of $150,000.00 will be funded by Randolph’s Open Space Fund. This property is critical to the EA Porter redevelopment project.

Councilman Obremski noted that he is a member of the County Open Space Committee and abstained when this issue came to a vote at that committee meeting.

Ms. Gallo advised him to abstain when voting tonight.

Councilwoman Price asked if there was a timeframe for the Habitat for Humanity project at the EA Porter site.

Manager Lovell responded that he anticipates being in construction within two years.

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

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

NAYS: None

ABSTAIN: Councilman Obremski

COMBINED ACTION ITEMS

Deputy Mayor Mitsch requested Item A1 be pulled for separate action.

Manager Lovell amended language for the resolution dealing with the Randolph Education Foundation’s 5K Run authorizing the closing of Millbrook Avenue from Lawrence Road to Schoolhouse Road for the duration of the race.

Councilman Napoliello made a motion to approve the Combined Action Items with the exception of Item A1. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refund/Adjustment Resolutions

(1) Release Escrow Funds to Bardess Group—$815.00; Michael and Trina Mitsch—$932.50; and DelVecchio—$3,122.00

Acted on separately

(2) Refund Outside Tax Sale Certificate #1909 for 29 Mountainside Drive to Frank Nitti—$10,835.00

R-118-10

WHEREAS, Outside Tax Sale Certificate #1909 held by Township of Randolph, assessed to Frank Nitti, Block 142, Lot 14.Q, 29 Mountainside Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $10,835.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $10,835.00 to Township of Randolph, holder of Tax Sale Certificate #1909.

(3) Refund Outside Tax Sale Certificate #1922 for 146 South Salem Street Assessed to Luis and Diana Crespo to Richard Leonardis—$1,017.77

R-119-10

WHEREAS, Outside Tax Sale Certificate #1922 held by Richard Leonardis, assessed to Luis and Diana Crespo, Block 186 , Lot 1, 146 S. Salem Street; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,017.77.

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 $1,017.77 to Richard Leonardis, holder of Tax Sale Certificate #1922.

(4) Refund Overpayment of 2010 Taxes for 3 Forest Glen Way to Wells Fargo Real Estate Tax Service—$3,112.11

R-120-10

WHEREAS, Wells Fargo Real Estate Tax Services, LLC has overpaid 2010 taxes in the amount of $3,112.11 on Block 166, Lot 15.17, known as 3 Forest Glen Way, assessed to Scott and Laura Hamilton; 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 $3,112.11 to Wells Fargo Real Estate Tax Service.

(5) Refund Overpayment Due to Reduction in Assessed Valuation for Tax Year 2007 for 246 South Salem Street to Verizon Communications—$2,260.86

R-121-10

WHEREAS, Verizon Communications has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 195, Lot 23, known as 246 S. Salem Street; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $2,260.86; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,260.86 to Verizon Communications.

(6) Refund Overpayment Due to Reduction in Assessed Valuation for Tax Year 2008 for 246 South Salem Street to Verizon Communications—$3,191.06

R-122-10

WHEREAS, Verizon Communications has been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 195, Lot 23, known as 246 S. Salem Street; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $3,191.06; 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 $3,191.06 to Verizon Communications.

B. Cancellation of Outstanding Checks in the Municipal Court General and Bail Accounts for Various Amounts

R-123-10

WHEREAS, the following checks are currently outstanding and stale dated in the Municipal Court general and bail accounts; and

WHEREAS, it is recommended by the Court Administrator that said outstanding checks be turned over to the Township Treasurer.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Court Administrator be instructed to turn over the above list of checks to the Township Treasurer.

C. Bond Anticipation Notes—Certification of Determination and Award

R-124-10

I, Michael Soccio, Chief Financial Officer of the Township of Randolph, in the County of Morris, New Jersey (hereinafter referred to as the “Issuer”), hereby certify as follows:

1. I hereby determine to issue the Bond Anticipation Note hereinafter described by virtue of the authority conferred upon me by the bond ordinances of the Issuer referred to in the attached chart by reference to number, date of adoption and amount of bonds or notes authorized, such notes to be issued in the amounts indicated in the chart.

TOTAL PRINCIPAL AMOUNT: $3,190,000.00
NUMBERED: 2010-1
DENOMINATION: $3,190,000.00
DATE: March 30, 2010
MATURITY DATE: March 30, 2011
INTEREST RATE PER ANNUM: 1.50% Payable at Maturity
NET INTEREST COST: .7210%
PLACE OF PAYMENT: Township of Randolph, New Jersey

2. Pursuant to the authority so conferred upon me, I have awarded and sold the Note to Beneficial Bank, Burlington, New Jersey, at a price of $3,214,850.10.

3. No bonds of the Issuer have heretofore been issued pursuant to the bond ordinances referred to in the attached chart.

4. The date of the first note or other obligation issued in anticipation of the issuance of the bonds that the Note is issued in anticipation of, whether or not now outstanding, is as stated in the attached chart.

5. No grants have been received, no pay downs have been made, and no cancellations have been enacted that would reduce the debt authorization below the amount of notes outstanding under the bond ordinances described in the attached chart, except as indicated in the attached chart.

6. No notes or other obligations in anticipation of the issuance of bonds have heretofore been issued pursuant to the bond ordinances referred to in the attached chart and now remain outstanding and unpaid.

D. Release Maintenance Bond to Roseland Contractors—$5,044.73

R-125-10

WHEREAS, the Engineering Department has received a request from Roseland Contractors LLC, formerly FMR Associates, for the release of a maintenance bond in the amount of $5,044.73 plus accrued interest for site improvements; and

WHEREAS, the maintenance bond consisted of $5,044.73 which was received and deposited with the Finance Department on January 16, 1991; and

WHEREAS, the applicant was required to post the maintenance bond to guarantee the completion of the site improvements; and

WHEREAS, the Engineering Department has inspected the site improvements for the Randolph Commerce Center and found them 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 Raffaele Carchia, Township Administrator, that the maintenance bond in the amount of $5,044.73 plus accrued interest be refunded to Roseland Contractors, 223 Canoe Brook Road, Short Hills, New Jersey 07078.

E. Approving Professional Services Agreements With EcolSciences for Underground Storage Tanks Removal for 42 Bennett Avenue—Not to Exceed $42,370.00

R-126-10

WHEREAS, the Township of Randolph has a need to acquire EcolSciences, Inc. as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, EcolSciences, Inc. has indicated they will perform the Underground Storage Tank Removal for Block 195, Lot 10, 42 Bennett Avenue, according to their proposal for an amount not to exceed $42,370.00; and

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

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with EcolSciences, Inc. as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 15, 2010

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 Housing Trust Fund to award a contract to EcolSciences, Inc. for Underground Storage Tank Removal for Block 195, Lot 10, 42 Bennett Avenue, in the amount not to exceed $42,370.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Approving Amendments to Professional Services Agreement with EcolSciences for Projected Cost Associated With Required Meetings With NJ DEP and Processing Grant Applications for the Development Of 42 Bennett Avenue—Bringing New Contract to an Amount Not to Exceed $32,500.00

R-127-10

WHEREAS, it is necessary to amend the Professional Services Agreement awarded by Randolph Township to EcolSciences, Inc., on March 17, 2009; and

WHEREAS, the amendment will include additional funds for projected costs associated with required meetings with the New Jersey Department of Environmental Protection and processing grant applications for the development of this site; and

WHEREAS, the fee for this amendment will not exceed $17,500.00; and

WHEREAS, the original contract was $15,000.00 and the amended contract will not exceed $32,500.00.

NOW, THEREFORE, IN CONSIDERATION OF the mutual covenants herein contained, the parties agree that the contract be amended by $17,500.00, bringing the total contract to an amount not to exceed $32,500.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 2010

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 Housing Trust Fund to amend the contract with EcolSciences, Inc. for the costs associated with the required meetings with the NJ DEP and processing grant applications for the development of 42 Bennett Avenue in the amount not to exceed $17,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Approving Professional Services Agreement with Pavia Kriegman For WebMaster Services for the MCCPC—Not to Exceed $3,000.00

R-128-10

WHEREAS, the Township of Randolph has a need to acquire Pavia Kriegman/Paviaweb.com as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Pavia Kriegman/Paviaweb.com has indicated they will provide the Webmaster Services for the Morris County Cooperative Pricing Council for $250.00 per month not to exceed $3,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Pavia Kriegman/Paviaweb.com as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 2010

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 2010 Budget, Data Processing, Other Expenses, and Water and Sewer, Other Expenses (Data Processing), to award a contract with Pavia Kriegman/Paviaweb.com for Webmaster Services for the Morris County Cooperative Pricing Council Website in the amount not to exceed $3,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Approving Professional Services Agreement with Pavia Kriegman For Randolph Township WebMaster Services—Not to Exceed $5,700.00

R-129-10

WHEREAS, the Township of Randolph has a need to acquire Pavia Kriegman/Paviaweb.com as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Pavia Kriegman/Paviaweb.com has indicated they will provide the Webmaster Services for Randolph Township for $475.00 per month not to exceed $5,700.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Pavia Kriegman/Paviaweb.com as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 2010

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 2010 Budget, Data Processing, Other Expenses, and Water and Sewer, Other Expenses (Data Processing), to award a contract with Pavia Kriegman/Paviaweb.com for Webmaster Services for the Randolph Township Website in the amount not to exceed $5,700.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing Award of Contract for Carrell Road Improvements to Vollers Excavating and Construction—$329,602.60

R-130-10

WHEREAS, the Township wishes to award a contract for Carrell Road Improvements; and

WHEREAS, ten bid packets were mailed and nine bids were received on March 17, 2010; and

WHEREAS, Vollers Excavating & Construction, Inc., North Branch, New Jersey, was the lowest bidder and meets all the specifications; and

WHEREAS, the original bid was $347,206.60 listing the unit price for Item #6 as $59.12 at 3,600 tons extended to $230,436.00; and

WHEREAS, the true extension for that item should be $212,832.00 making the new contract total $329,602.60; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Vollers Excavating & Construction, Inc., North Branch, New Jersey, to be used as needed.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 2010

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 Ordinance #13-09, Various Capital Improvements (Carrell Road), and that funds will be available in the 2010 Budget Streets and Roads, Other Expenses, to award a contract with Vollers Excavating and Construction for the Carrell Road Improvements in the amount not to exceed $329,602.60.

_____________________________
Michael J. Soccio
Chief Financial Officer

J. Authorizing Road Closing in Support of the Randolph Education Foundation’s 5k Run on June 12, 2010

R-131-10

WHEREAS, the Randolph Education Foundation is requesting Randolph Township’s support and cooperation for their 5k run on Saturday, June 12, 2010, in Randolph; and

WHEREAS, the mission of the foundation is to provide funding for innovative programs that enhance the preparation of Randolph students for the world of tomorrow; and

WHEREAS, all proceeds from the race will go directly to the foundation; and

WHEREAS, various road closings will be required and, therefore, the Randolph Education Foundation is coordinating with the Randolph Police Department and the Morris County Board of Chosen Freeholders, authorizing the closing of Millbrook Avenue from Lawrence Road to School House Road for the duration of the race.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council lends its support for the Randolph Education Foundation’s 5k Run.

K. Raffles

(1) Special Permit for Social Affair, Randolph Chemical Engine Company #2, May 8, 2010, from 6:00 p.m. to 9:00 p.m., at 340 Route 10 West, Randolph

(2) Social Affair Permit, St. Andrew Greek Orthodox Church, Ethnic Festival, May 14, 2010, from 11:00 a.m. to Midnight, May 15, 2010, from Noon to Midnight, and May 16, 2010, From Noon to 8:00 p.m. at St. Andrew Greek Orthodox Church, 1447 Sussex Turnpike, Randolph

(3) Petition to Extend Licensed Premises, J.T. McQ’s, May 22, 2010, from 10:00 a.m. to Midnight, for St. Baldrick’s Foundation Function, 540 Route 10 West, Randolph

Councilman Algeier made a motion to approve Item 9A. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Deputy Mayor Mitsch

(1) Release Escrow Funds to Bardess Group—$815.00; Michael and Trina Mitsch—$932.50; and DelVecchio—$3,122.00

R-132-10

WHEREAS, the Planning and Zoning Department received escrow funds from:

Bardess Group, Block 51, Lot 9.21
Michael & Trina Mitsch, Block 115, Lot 79
Rudy DelVecchio, Block 5, Lot 5

and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds for the following amounts be refunded:

Acct # 294782, Bardess, Group, $815.00
Acct # 294823, Mitsch, $932.50
Acct # 294816, DelVecchio, $3,122.00

DISCUSSION ITEMS

(1) 2010 Budget

Manager Lovell suggested beginning the April 15 meeting at 7:00 p.m. and dedicate the full evening to the budget.

OPEN TO PUBLIC

Nancie Ludwig, 9 Lookout Road, stated that she believes it to be inappropriate for the Council to link the Star Ledger editorial mentioned by Councilman Algeier to the Randolph website.

Maria Martorana, 1 Wilkeshire Boulevard and a member of the Board of Education, noted that the polls will be open from 2:00 p.m. to 9:00 p.m. on April 20 for residents to vote on the school budget and board members. Mrs. Martorana urged the Council to restore funding for the Freedom Festival parade and fireworks.

Geoffrey Price, 13 Mariner Drive, reiterated his desire to get direction from the Council regarding funding for security and transportation for the Freedom Festival parade.

Mayor Alpert responded that the Council will be meeting in April 15 to finalize issues relating to the budget and can not make any commitments prior to that meeting.

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

COUNCIL COMMENTS

Councilman Napoliello made a motion to approve the contract with the teamsters that was discussed in Executive Session. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Price stated that if the Council members would forego their Council salaries, other items on the budget could be restored.

Councilman Napoliello stated that he will be absent for the April 15 meeting but will provide a phone number to the Township Manager to reach him if the need arises. Since the Councilman will not be present for the recognition for Steve O’Mara, he wanted to have the record reflect his belief that probably no one else in Randolph knows more about open space than Mr. O’Mara and that he has been invaluable to Randolph in the quest to purchase open space. Councilman Napoliello congratulation Mr. Soccio, Mr. Lovell, the staff, and Council for the AAA bond rating achieved by Randolph.

ADJOURNMENT

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

_____________________________
Donna Marie Luciani
Township Clerk