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

Minutes: December 3, 2009

A regular meeting of the Randolph Township Council was called to order at 7:15 p.m. by Mayor Metz. 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 January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 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 January 15, 2009.

PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

ABSENT: Councilwoman Price

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

Mayor Metz led the Pledge of Allegiance.

APPROVAL OF COUNCIL MEETING MINUTES

A. Regular Meeting Minutes

(1) October 29, 2009

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

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

NAYS: None

ABSENT: Councilwoman Price

(2) November 5, 2009

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

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSTAIN:
Councilman Algeier
Councilman Obremski

ABSENT: Councilwoman Price

B. Executive Session Minutes

(1) October 29, 2009

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

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

NAYS: None

ABSENT: Councilwoman Price

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that the public has not received any Executive Session minutes in over a year and reminded the Manager and Council that they are required to release those minutes to the public.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski requested the January 14 meeting start at 7:00 p.m. in order for the Traffic Advisory Sub-Committee to present their report on the intersection of Route 10 and Dover Chester Road. The Councilman reported that the DOT Planning Committee has identified that site as a potential project.

Councilman Algeier reported that he and the Manager have prepared information for Governor-elect Christie and Lt. Governor-elect Guadagno concerning the scarce resource order and its impact on Randolph. That information will be personally delivered to Lt. Governor-elect Guadagno. The Councilman believes there will be public hearings on these issues and wants Randolph to be a part of those hearings. Councilman Algeier asked the Manager to provide an analysis of how much money and how many man-hours have been spent working on the COAH and Highlands issues over the last couple of years.

Mayor Metz thanked the School Board for their assistance in sending out an email alert notifying residents how to sign up for Randolph’s emergency alerts. Information was also provided in the Mayor’s letter printed in the current issue of the Randolph Reporter. The Mayor noted that FEMA is developing a similar system and commented that Randolph is in the forefront regarding this issue. The Mayor asked the Manager to provide a brief explanation of Randolph’s involvement in the Sustainable Jersey program.

Assistant Manager Giaimis responded that the Council passed several resolutions earlier in the year authorizing Randolph’s application to Sustainable Jersey and that Randolph is currently working through the certification process. Certification will help Randolph obtain future grants.

Manager Lovell commented that the Economic Development Committee has done a fine job this past year and has distributed minutes from their last meeting outlining their plans for 2010. The Manager noted that the agenda contains resolutions that can either be acted on by the Council tonight or act on at a meeting on December 17. Manager Lovell provided a brief summary of those resolutions.

Mayor Metz noted that those resolutions will remain on tonight’s agenda for action.

Manager Lovell stated that he will cancel the Township Council meeting scheduled for December 17 with the understanding that if an emergency arises, a meeting will be called by the Mayor at that time.

SHONGUM ROAD SEWER EXTENSION ASSESSMENTS HEARING—Confirmation of Tax Assessor’s Report and Resolution Confirming Assessments

Manager Lovell stated that this process began a number of years ago when residents petitioned the Township to undertake a sewer improvement for their section of Shongum Road and has been completed. Township staff has certified all expenditures and the Tax Assessment Commissioners compiled a final report to the Council. The project came in at $83,912.00, approximately $16,000.00 under budget. The assessment for each of the ten benefiting properties is $10,489.00, which amounts to ten annual installments of $1,048.90.

The Mayor opened the meeting to the public for a hearing on this issue. Seeing no one from the public, the public portion was closed.

Councilman Napoliello made a motion to approve the resolution. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Manager Lovell thanked Michael Guadagno and Myra Sesko for their work on the Tax Assessment Commission.

Mayor Metz echoed his thanks to the Commissioners.

Resolution Confirming Tax Assessments for Shongum Road Sewer Extension

R-370-09

WHEREAS, the Township of Randolph adopted Ordinance No. 10-09, “Authorizing Special Assessment for the Shongum Road Sewer Extension Project”; and

WHEREAS, the Assessment Board considered all information, examined the work; and

WHEREAS, the public hearing with appropriate notice as required under applicable statues was held by the Assessment Board on November 16, 2009, in accordance with N.J.S.A. 40:56-25; and

WHEREAS, the Assessment Board provided a report and voted to certify to the Mayor and Council of the Township of Randolph the report and the assessments for the benefits contained therein; and

WHEREAS, on December 3, 2009, the Mayor and Council of the Township of Randolph pursuant to N.J.S.A. 40:56-30 held a public hearing with adequate notice and desires to approve the report and confirm the assessments on the properties benefited by the project.

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

1. The report of the Board of Assessors of the Township for the Shongum Road Sewer Extension Project is hereby approved, adopted and confirmed and the assessments for the benefits derived are contained therein are hereby approved, adopted, confirmed and certified and imposed upon the properties benefited by and from the Project as stated below:

Total Cost: $83,912.00

To be Assessed to Each of the Eight (8) Properties: $10,489.00

2. The foregoing adoption and confirmation is final and conclusive and appeals may be taken therefrom pursuant to N.J.S.A. 40:56-54 et.seq.

3. The Township Clerk and Tax Collector are hereby authorized and directed to undertake all actions to impose and collect the assessments from the properties benefited from the Project as set forth in the report confirmed under this resolution.

4. Any assessments imposed under this resolution may be paid by the owner of the property benefited therefrom in 10 equal annual installments of $1,048.90 in accordance with N.J.S.A. 40:56-35.

5. All other officers and employees of the Township of Randolph are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this resolution and to impose the assessment for the benefits derived from the construction of the Project on the properties benefited therefrom, all as set forth in the report as adopted, approved and confirmed herein.

6. This Resolution shall take effect immediately.

SOIL MOVEMENT HEARING—Music Den

Manager Lovell noted that the application by the Music Den was approved by the Planning Board. In order to move forward with the project, approximately 6,200 cubic yards of soil must be removed and approximately 750 cubic yards must be imported. The permit is proposed for a 120-day time period. If the weather impacts the work, the Music Den can return to the Council and ask for an amendment. All vehicles will be restricted to Route 10. Work will be permitted between the hours of 9:00 a.m. and 5:00 p.m. or dark, whichever comes first, Monday through Fridays excluding holidays. A cash bond has been posted by the Music Den for $21,543.73.

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

Deputy Mayor Alpert made a motion to adopt the resolution. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Resolution Approving Soil Movement Permit for Music Den Project

R-371-09

WHEREAS, Tom Scognamiglio of the Music Den, (the “Applicant”) has submitted to the Township of Randolph (the “Township”) an application for a soil movement permit involving the movement of soil at Lot 13, Block 18, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on 1030 Route 10 West, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately six thousand, two hundred (6,200) cubic yards of soil will be removed from the site and seven hundred and fifty (750) cubic yards will be imported to the site; and

WHEREAS, the soil movement application was submitted in conjunction with an application before the Planning Board of the Township of Randolph (the “Board”) for preliminary and final major site plan approval and certain “C” variances related to the development of the property; and

WHEREAS, by resolution adopted by the Board on November 2, 2009, the Board approved said application for preliminary and final major site plan approval and certain “C” variances; and

WHEREAS, this Township has jurisdiction of the Applicant’s soil movement application per Section 15-47.4(C) of the Revised Ordinances of Randolph; and

WHEREAS, the Applicant provided notice to all property owners within 200 feet of the property of a public hearing to be held on December 3, 2009, by the Township Council to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on December 3, 2009, as provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines engraved; and

WHEREAS, the Township has considered the application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and uses and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph as follows:

1. The Township Council has reviewed the application and recommendations of the Board and Township Engineer and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Township Council finds that the permit may be granted without compromising the public health, safety and general welfare, if, and only if, the conditions below are met.

2. The Township Council hereby approves and grants the soil movement permit application of the Music Den, consistent with said applications submitted by the Applicant in accordance with the site plan delivered to the Township, subject to the following conditions:

(a) The import and export of soil on the property shall be limited to a 120 day time period. The applicant may request an extension from the Township Council.

(b) Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., or dark, whichever comes first, Monday through Friday, excluding public holidays.

(c) Top soil shall be retained on the site and no top soil is to be removed from the site.

(d) Ingress or egress for vehicles involved in the soil movement activity will be only on Route 10.

(e) The Applicant shall insure that the vehicles used to export/import soil shall only use Route 10 in Randolph Township.

(f) The applicant shall load and unload construction equipment and/or earthmovers on site only. The applicant shall not load or unload on any Township, County, or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer. No truck vehicles on public roads.

(g) The applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the property and local or regional traffic conditions. The applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the applicant agrees to pay for the said traffic control officer for the times required by the Chief.

(h) A cash bond in the amount of twenty-one thousand, five hundred fifty three dollars and seventeen cents ($21,543.17) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the permit approved hereunder to guarantee that the site can be properly stabilized. No Township roads are to be utilized during the transportation of soil. It is the applicant’s responsibility to contact the New Jersey Department of Transportation in regards to any permitting that may be required.

(i) The applicant shall comply with all conditions imposed by the Planning Board as stated in their resolution of November 2, 2009, as well as all ordinances including, but not limited to, Section 15-47, et. seq.

(j) The applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on November 2, 2009.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this resolution.

4. This resolution shall take effect immediately.

COMBINED ACTION ITEMS

Manager Lovell stated that in preparation of next year’s budget and the uncertainty of future state aid, he has told the staff that he is freezing all non-essential expenditures to the end of this year.

Deputy Mayor Alpert made a motion to approve the Combined Action Items. Councilwoman Mitsch seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

A. Refund/Adjustment Resolutions

(1) Refund Outside Tax Sale #1912 for 5 Rose Way to JN Properties—$694.71

R-372-09

WHEREAS, Outside Tax Sale Certificate #1921 held by JN Properties, assessed to Mary Milliner, Block 135, Lot 12, 5 Rose Way; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $694.71.

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 $694.71 to JN Properties, holder of Tax Sale Certificate #1921.

(2) Release Road Opening Cash Bond for Driveway Installation to Cathy Beckman—$500.00

R-373-09

WHEREAS, the Engineering Department has received a request from Cathy Beckman for the release of a $500.00 cash road opening bond posted for a driveway installation; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on November 5, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway installation within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Cathy Beckman, 28 Rickland Drive, Randolph, NJ 07869.

(3) Refund Various 2009 Tax Overpayments by Reason of Duplicate Tax Payments or Veteran/Senior Citizen Deduction

R-374-09

WHEREAS, the following listed property owners have overpaid their 2009 taxes by reason of duplicate tax payment or Veteran/Senior Citizen deduction; and

WHEREAS, it is recommended by the Tax Collector that these overpayments 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 following overpayments:

(4) Refund Tree Bond for Block 166, Lot 14, to Albert DeSalvatore—$3,000.00

R-375-09

WHEREAS, the Planning and Zoning Department received a tree bond posted by Albert DeSalvatore for Block 166, Lot 14, in the amount of $3,000.00; and

WHEREAS, all of the requirements have been met and completed.

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 tree bond in the amount of $3,000.00 be refunded to Albert DeSalvatore, 1103 Sussex Turnpike, Randolph, NJ 07869.

(5) Refund Overpayment for 2006 Tax Year for 828 Route 10 to Route 10 Realty Associates—$41,009.53

R-376-09

WHEREAS, Route 10 Realty Associates has been granted a reduction in assessed valuation for the tax year 2006 by the Tax Court of New Jersey on Block 42, Lot 2, known as 828 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $41,009.53; 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 $41,009.53 to Route 10 Realty Associates.

(6) Refund Overpayment for 2007 Tax Year for 828 Route 10 to Route 10 Realty Associates—$43,050.42

R-377-09

WHEREAS, Route 10 Realty Associates has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 42, Lot 2, known as 828 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $43,050.42; 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 $43,050.42 to Route 10 Realty Associates.

(7) Refund Overpayment of Water Bills for 6 Ascot Lane to Walter Taylor—$682.06

R-378-09

WHEREAS, Walter Taylor, 6 Ascot Lane, Block 9999, Lot 14, received high water bills for 2009; and

WHEREAS, Mr Tayor notified the Township this quarter regarding these reads; and

WHEREAS, the Township had the meter professionally tested on November 17, 2009; and

WHEREAS, the test results determined that the meter was registering incorrectly and the Township overbilled Mr. Taylor by $1,102.09; and

WHEREAS, this overbill resulted in an overpayment of $682.06.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $682.06 to Mr. Walter Taylor, 6 Ascot Lane, Morristown, NJ 07960.

(8) Release Road Opening Bond for Sump Pump Installation at 49 Beaver Dam Road to Robyn and Marc Coopersmith—$500.00

R-379-09

WHEREAS, the Engineering Department has received a request from Robyn Coopersmith for the release of a $500.00 cash road opening bond posted for a sump pump installation; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on August 21, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sump pump installation within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Robyn and Marc Coopersmith, 49 Beaver Dam Road, Randolph, NJ 07869.

(9) Release Road Opening Cash Bond for Water Connection at 24 Longview Avenue to Chris Ariemma—$500.00

R-380-09

WHEREAS, the Engineering Department has received a request from Chris Ariemma for the release of a $500.00 cash road opening bond posted for a water connection; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on August 7, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the water connection within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Chris Ariemma, 24 Longview Ave., Randolph, NJ 07869.

(10) Release Road Opening Cash Bond for Driveway Installation at 51 Lake Drive to David Boylan—$500.00

R-381-09

WHEREAS, the Engineering Department has received a request from David Boylan for the release of a $500.00 cash road opening bond posted for a driveway installation; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on October 13, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway installation within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to David Boylan, 51 Lake Drive, Randolph, NJ 07869.

(11) Release Road Opening Cash Bond for Water Connection at 23 Longview Avenue to Mary Ellen Nielson—$500.00

R-382-09

WHEREAS, the Engineering Department has received a request from Mary Ellen Nielson for the release of a $500.00 cash road opening bond posted for a water connection; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on August 7, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the water connection within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Mary Ellen Nielson, 23 Longview Avenue, Randolph, NJ 07869.

(12) Release Road Opening Cash Bond for Sewer Connection at 45 Lake Shore Drive South to Peter Myers—$500.00

R-383-09

WHEREAS, the Engineering Department has received a request from Peter Myers for the release of a $500.00 cash road opening bond posted for a sewer connection; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on May 15, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sewer connection within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Peter Myers, 45 Lake Shore Drive South, Randolph NJ 07869.

(13) Release Road Opening Cash Bond for Brick Paver Driveway Installation to Alexander’s Land & Tree—$500.00

R-384-09

WHEREAS, the Engineering Department has received a request from Alexander’s Land & Tree for the release of a $500.00 cash road opening bond posted for a brick paver driveway installation; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on September 8, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the brick paver driveway installation within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Alexander’s Land & Tree, 17 Dickerson Mine Road, Mine Hill, NJ 07803.

(14) Release Road Opening Cash Bond for New Apron in Sidewalk to Avellino Custom Masonry—$500.00

R-385-09

WHEREAS, the Engineering Department has received a request from Avellino Custom Masonry for the release of a $500.00 cash road opening bond posted for a new apron and three sections of sidewalk; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on October 14, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee a new apron and three sections of sidewalk within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Avellino Custom Masonry, 385 North Road, Chester, NJ 07930.

(15) Release Road Opening Cash Bond for Driveway Installation to Fran Bertrand—$500.00

R-386-09

WHEREAS, the Engineering Department has received a request from Fran Bertrand for the release of a $500.00 cash road opening bond posted for a driveway installation; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on November 3, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway installation within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Fran Bertrand, 9 Richter Street, Randolph, NJ 07869.

B. Cancellation of Unexpended Balance—Reserve for Preliminary Expenses—Water System Loops and Extensions—$184,636.25

R-387-09

WHEREAS, there remains an unexpended balance in the Reserve for Preliminary Expense—Water System Loops and Extensions in the amount of $184,636.25; 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 balance in the Reserve for Preliminary—Water System Loops and Extensions in the amount of $184,636.25 to the Capital Improvement Fund (Water).

C. Change Order to Contract with US Tank Painting for Rehabilitation of Mt. Freedom Water Tank—$2,800.00 Credit to Township Bringing Original Contract Amount From $301,000.00 to $298,200.00

R-388-09

WHEREAS, the Mayor and Council of the Township of Randolph awarded a contract to US Tank Painting for the rehabilitation of the Mt. Freedom Water Tank at a contract price of $301,000.00; and

WHEREAS, US Tank Painting has provided a credit to the Township of Randolph for work completed in conjunction with the installation of a new cathodic protection system installed at the water tank; and

WHEREAS, this credit has resulted in a $2,800.00 reduction of the original contract amount of $301,000.00 to $298,200.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contract with US Tank Painting, Inc., 900 Rike Drive, Millstone Township, NJ 08535 be so amended.

BE IT FURTHER RESOLVED that the signed copies of this resolution shall serve as the contract amendment.

D. Conformance of Randolph—Highlands Preservation Areas to the Regional Master Plan

R-389-09

WHEREAS, the Highlands Water Protection and Planning Act (“Highlands Act”), N.J.S.A. 13:20-1, et seq., finds and declares that protection of the New Jersey Highlands is an issue of state level importance because of its vital link to the future of the state’s drinking water supplies and other significant natural resources; and

WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the Highlands Water Protection and Planning Council (“Highlands Council”) to prepare and adopt a Regional Master Plan for the Highlands Region; and

WHEREAS, the Highlands Act requires that within nine to fifteen months after the effective date of the Regional Master Plan, September 8, 2008, each municipality located wholly or partially in the Preservation Area shall submit revisions to the municipal master plan, development regulations and other regulations as applicable to the development and use of land in the Preservation Area as may be necessary to conform them with the goals, requirements and provisions of the Regional Master Plan (“Plan Conformance”); and

WHEREAS, the Township of Randolph is located in the Highlands Region with lands lying within the Preservation Area, as defined by the Highlands Act; and

WHEREAS, the Highlands Council prepared and distributed to the Highlands municipalities Plan Conformance Guidelines outlining the process and procedures for petitioning the Highlands Council for Plan Conformance; and

WHEREAS, the Highlands Council’s Plan Conformance Guidelines also require that a Petition for Plan Conformance be filed with the Highlands Council no later than December 8, 2009, which includes a comprehensive package of planning and implementation documents that meet the requirements of the Highlands Act, the Regional Master Plan, and the Highlands Plan Conformance Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Randolph hereby submits this Petition for Plan Conformance to the Highlands Council for that portion of our jurisdiction lying within the Preservation Area in accordance with the Highlands Act, the Regional Master Plan, and the Highlands Plan Conformance Guidelines.

This Resolution shall take effect immediately.

E. Notice of Intention to Consider Conformance of Randolph—Highlands Planning Areas to Regional Master Plan

R-390-09

WHEREAS, the Highlands Water Protection and Planning Act (“Highlands Act”), N.J.S.A. 13:20-1, et seq., finds and declares that protection of the New Jersey Highlands is an issue of state level importance because of its vital link to the future of the state’s drinking water supplies and other significant natural resources; and

WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the Highlands Water Protection and Planning Council (“Highlands Council”) to prepare and adopt a Regional Master Plan for the Highlands Region; and

WHEREAS, Section 13:20-15.a of the Highlands Act states that for any municipality located wholly in the Planning Area or for the portion of a municipality lying within the Planning Area, the municipality may, by ordinance, petition the Highlands Council of its intention to revise its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, to conform them with the goals, requirements and provisions of the Regional Master Plan (“Plan Conformance”); and

WHEREAS, the Township of Randolph (“Randolph”) is located in the Highlands Region with lands lying within the Planning Area, as defined by Section 7 of the Highlands Act; and

WHEREAS, the Highlands Council prepared and distributed to the Highlands municipalities Plan Conformance Guidelines outlining the process and procedures for petitioning the Highlands Council for Plan Conformance which includes a comprehensive package of planning and implementation documents that meet the requirements of the Highlands Act, the Regional Master Plan and the Highlands Plan Conformance Guidelines; and

WHEREAS, Plan Conformance by the municipality is strictly voluntary for lands in the Planning Area and Randolph may at any time voluntarily revise its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, to conform them to the Regional Master Plan; and

WHEREAS, at any time during the Plan Conformance process the Township of Randolph may withdraw from the Plan Conformance process and any approvals, rejections or conditions of revised municipal master plan or development regulations recommended by the Highlands Council during the Plan Conformance process will not be binding on Randolph; and Randolph may choose not to obtain conformance with the Regional Master Plan for the lands lying within the Planning Area; and

WHEREAS, should Randolph make the determination that Randolph shall petition the Highlands Council of its intention to revise its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, to conform them with the goals, requirements and provisions of the Regional Master Plan and Plan Conformance Guidelines, Randolph shall enact an ordinance setting forth such intention, as required by the Highlands Act; and

WHEREAS, upon application of Randolph, the Highlands Council has made, or will make, grant funding and other financial and technical assistance available to Randolph for the reasonable costs associated with the revision of the master plan, development regulations or other regulations, as applicable to the development and use of land in the Planning Area, which are designed to bring those plans and regulations into conformance with the Regional Master Plan and the Highlands Council shall provide grant funds for all mandatory aspects of Plan Conformance in accordance with the Plan Conformance Grant Program, and may also provide grant funds for the discretionary aspects of Plan Conformance as determined by the Highlands Council; and

WHEREAS, should Randolph formally withdraw from the Plan Conformance process, grant funding awarded to Randolph up to the date of withdrawal that has been appropriately utilized in accordance with the Plan Conformance Grant Program and applicable grant agreement shall not be reimbursable to the Highlands Council.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Randolph hereby submits this resolution of intention to revise its master plan and development regulations for Plan Conformance to the Highlands Council for that portion of our jurisdiction lying within the Planning Area in accordance with the Highlands Act, the Regional Master Plan, and the Highlands Plan Conformance Guidelines.

This Resolution shall take effect immediately.

F. 2009 Budget Amendment—Recycling Tonnage Grant—$51,062.16

R-391-09

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 2009 Budget.

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 2009 in the sum of $51,062.16 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—Recycling Tonnage Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $51,062.16 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—Recycling Tonnage Grant

G. 2009 Budget Transfers

R-392-09

WHEREAS, there appears to be insufficient funds in the following accounts to meet the demand for the balance of the current year; viz:

Administrative and Executive, Other Expenses; Revenue Administration, Other Expenses; Building and Grounds, Other Expenses; Vehicle Maintenance, Other Expenses; Telephone, Other Expenses and LOSAP (Length of Service Awards Program).

WHEREAS, there appears to be a surplus in the following accounts over and above the demand to be necessary for the balance of the current year:

Municipal Clerk, Other Expenses; General Liability Insurance; Employee Group Health Insurance; Police, Salary and Wages; and Recreation, Salary and Wages.

WHEREAS, in accordance with the provision of N.J.S.A 40A: 4-58, part of the surplus in the amount heretofore mentioned be and the same are hereby transferred to the accounts mentioned as being insufficient to meet the current demands;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Chief Financial Officer is hereby authorized and directed to make the following transfers:

H. Cancellation of Unexpended Capital Appropriations

R-393-09

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.

I. Cancellation of 2009 Budget Appropriations—Water Purchases

R-394-09

WHEREAS, the following Current Fund 2009 Budget Appropriation balances remain unexpended:

Morris County MUA—Water Supply Services, Other Expense = $150,000.00

WHEREAS, it is necessary to formally cancel said balances so that Surplus can be credited.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the above mentioned 2009 Budget Appropriations be canceled to Surplus.

J. Authorizing Various Awards and Rejections of 2009 Winter Bids on Behalf of MCCPC

R-395-09

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) authorizes an award of twenty-eight (28) contracts and the rejection and re-bid of one (1) contract for the year 2010 noted below:

Contract #5: Paving Materials
Contract #6: Road Resurfacing
Contract #7: Drainage Pipe
Contract #8: Anti-Freeze
Contract #9: Crushed Stone, Gravel & Sand
Contract #11: Motor Oils
Contract #14: Catch Basins & Manhole Castings
Contract #16: Office Supplies
Contract #17: Water Treatment Chemicals
Contract #18: Tree Removal, Trimming & Stump Grinding Services
Contract #19: Cinder & Concrete Blocks
Contract #20-A: Sporting Goods
Contract #21: Oil & Stone Treatment
Contract #22: D.P.W. Uniforms/Work Shoes & Boots
Contract #23: Police Uniforms & Equipment
Contract #24: Bagged Cement & Poured Concrete
Contract #26: Beam Guide Rail & Safety Ends
Contract #27: Traffic Paint
Contract #28: Sign Materials
Contract #30: Office Paper Supplies
Contract #31: Calcium Chloride Bags
Contract #32: First Aid Supplies—(Rejection of Bids, Re-bid Contract)
Contract #36: Traffic Striping on Roadways
Contract #38: Preventive Maintenance/Repair of Communications Equipment (Radios)
Contract #39: Furnishing Trophies & Plaques
Contract #41: Purchase of Communications Equipment (No Installation)
Contract #49: Disposal/Recycling of Municipal Road Clean-Up Materials—(Award of Categories B & C)
Contract #52: Fire Alarms/Fire Sprinkler/Standpipe Systems, Fire Pumps (Maintenance & Repairs)
Contract #53: Fencing Materials (Purchase & Installation)

WHEREAS, bids have been advertised and received on October 20th and October 22nd, 2009, on behalf of the MCCPC in accordance with the “Local Public Contracts Law” for the contracts noted above; and

WHEREAS, the Township of Randolph has determined that the vendors on the attached recommendation sheets are the lowest responsible bidders meeting the specifications for each contract and should be awarded as noted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded as indicated for each individual contract as noted herein.

K. Authorizing Professional Services Agreement with Environmental Health Investigations, Inc. for Asbestos Survey at Tucker and Wright Properties—Not to Exceed $17,500.00

R-396-09

WHEREAS, the Township of Randolph has a need to amend a Professional Services Agreement with Environmental Health Investigations, Inc., which was awarded on November 5, 2009; and

WHEREAS, the amendment will include additional testing not anticipated; and

WHEREAS, fees for this service will not exceed $3000.00; and

WHEREAS, the original agreement was $5,000.00 and the amended contract will not exceed $8,000.00; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to others will not 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, 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 amend a contract with Environmental Health Investigations, Inc., as described herein.

L. Authorizing Township Manager to Apply for a Grant and Loan From NJ DEP for Assistance in the Acquisition and Development of Lands for Outdoor Recreation and Conservation Purposes

R-397-09

WHEREAS, the New Jersey Department of Environmental Protection Green Acres Program of New Jersey provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Randolph desires to further the public interest by obtaining a loan of $2,250,000.00 and a grant of $4,750,000.00 from the State to fund the Township’s Open Space Acquisition Program.

NOW, THEREFORE, the Township Council resolves that Township Manager John C. Lovell is hereby authorized to:

a) make application for such a loan and/or such a grant

b) provide additional application information and furnish such documents as may be required

c) act as the authorized correspondent of the above named applicant; and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program and notify the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations, and applicable statutes, and is willing to enter into an agreement with the State for the above named project.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council:

1. That the Township Manager of Randolph Township is hereby authorized to execute an agreement and any amendment thereto with the State known as the Township’s Open Space Acquisition Program; and

2. That the applicant has its matching share of the project, if a match is required, in the amount of $4,750,000.00; and

3. That in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and

4. The applicant agrees to comply with all federal, state, and local laws, rules and regulations in its performance of the project; and

5. That this resolution shall take effect immediately.

M. Authorizing Execution of Tilcon Litigation Joint Defense Agreement in Connection with Tilcon New York et al v. MCCPC

R-398-09

WHEREAS, without admitting any fact, responsibility, fault or liability in connection with the case, Tilcon New York, Inc., et al. v. Morris County Cooperative Pricing Council, et al., Docket No. MRS-L-569-09 (“The Litigation”), certain Members of the Morris County Cooperative Pricing Council (“MCCPC”) who are Defendants in The Litigation wish to devote their resources to respond efficiently to the claims of Plaintiffs in The Litigation; allocate among themselves common legal, technical, administrative and other costs incurred in connection with The Litigation; and cooperate among themselves in this effort; and

WHEREAS, the Township of Randolph (“Township”) recognizes the benefits associated with a joint defense in The Litigation, especially the cost savings that the Township and the other Members would realize through joining the Joint Defense and the far reaching implications a negative conclusion or various settlements could have on the future of this particular contract and other contracts governed by the Local Public Contracts Law; and

WHEREAS, the Township desires to enter into the Tilcon Litigation Joint Defense Agreement and authorize the expenditure of funds towards the defense of the claims by Plaintiffs in The Litigation in accordance with the terms and conditions set forth in the Joint Defense Agreement and pursuant to its percentage share as specifically set forth in Exhibit A, which is attached to the Joint Defense Agreement.

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

1. The general terms and conditions of the Tilcon Litigation Joint Defense Agreement, dated November 16, 2009, in connection with the case, Tilcon New York, Inc., et al. v. Morris County Cooperative Pricing Council, et al., Docket No. MRS-L-569-09 are hereby approved.

2. The Township hereby authorizes and approves any non-substantive modifications to the Tilcon Litigation Joint Defense Agreement as may be recommended and approved by the Township Manager and Township Attorney prior to execution.

3. The Township hereby authorizes the expenditure of funds towards the defense of the claims by Plaintiffs in The Litigation in accordance with the terms and conditions set forth in the Joint Defense Agreement and pursuant to its percentage share as specifically set forth in Exhibit A, which is attached to the Joint Defense Agreement.

4. The proper Township officials, its Attorney and Manager are hereby authorized and directed to execute said Tilcon Litigation Joint Defense Agreement and to take any and all steps necessary to effectuate the purposes of this Resolution.

5. This Resolution shall take effect immediately.

N. Amending Professional Services Contract for Legal Services with Regard to Defense of Civil Actions Against Public Employees to Thomas Benedetti for an Additional $500.00—New Total Not to Exceed $3,000.00

R-399-09

WHEREAS, the Township of Randolph has a need to amend a Professional Services Agreement with Thomas J. Benedetti of Azzolini & Benedetti, LLC, which was awarded on August 6, 2009; and,

WHEREAS, the amendment will include additional hours not anticipated; and

WHEREAS, fees for this service will not exceed $500.00; and

WHEREAS, the original agreement was $2,500.00 and the amended contract will not exceed $3,000.00; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to others will not 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, 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 amend a contract with Thomas J. Benedetti of Azzolini & Benedetti, LLC, as described herein.

O. Award of Professional Services Agreement for Legal Services Regarding Litigation with Morris County Cooperative Pricing Council to Buzak Law Group, LLC—Not to Exceed $22,000.00

R-400-09

WHEREAS, the Township of Randolph has a need to acquire The Buzak Law Group, LLC 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, The Buzak Law Group, LLC has indicated they will provide the above professional legal services for an amount not to exceed $22,000.00; and

WHEREAS, The Buzak Law Group, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that The Buzak Law Group, LLC 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 The Buzak Law Group, LLC 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 The Buzak Law Group, LLC 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.

P. Authorizing Purchase From State Contract A68312 for Purpose of In-Car Video Recording System—$65,000.00

R-401-09

WHEREAS, the Township of Randolph wishes to purchase in-car video recording systems (DIVR); and

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #A68312 for the purchase of this equipment; and

WHEREAS, the cost of this purchase from Contract #A68312 will not exceed $65,000.00 without further approval; and

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 purchase the in-car video system from New Jersey State Contract #A68312.

Q. Raffles

(1) On-Premise 50/50, Ironia Elementary School PTA, 303 Dover Chester Road, February 6, 2010, From 10:00 a.m. to 4:00 p.m.

(2) On-Premise Merchandise Raffle, Ironia Elementary School PTA, 303 Dover Chester Road, February 6, 2010, From 10:00 a.m. to 4:00 p.m.

(3) On-Premise Merchandise Raffle (Grand Prize), Ironia Elementary School PTA, 303 Dover Chester Road, February 6, 2010, From 10:00 a.m. to 4:00 p.m.

(4) On-Premise Merchandise Raffle (Super Grand Prize), Ironia Elementary School PTA, 303 Dover Chester Road, February 6, 2010, From 10:00 a.m. to 4:00 p.m.

(5) On-Premise Merchandise Raffle (Elite Grand Prize), Ironia Elementary School PTA, 303 Dover Chester Road, February 6, 2010, From 10:00 a.m. to 4:00 p.m.

(6) 50/50 Raffle, Center Grove School PTA, January 29, 2010, 8:30 p.m., Schoolhouse Road, Randolph

(7) Off-Premise Merchandise Raffle, Randolph PTA Council, March 5, 2009, From 6:00 p.m. to 12:00 Midnight, at the Skylands at Randolph, 792 Route 10 West, Randolph

DISCUSSION ITEM

(1) Set 2010 Meeting Calendar

The calendar was set as presented.

Councilman Obremski made a motion to approve the 2010 Meeting Calendar as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Resolution Establishing Township Council Meeting Dates for 2010

R-402-09

WHEREAS, N.J.S.A. 10:4-6 et seq., known as the “Open Public Meetings Act” requires that all public bodies of the State of New Jersey provide adequate notice to the public of its intended meetings.

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

1. The regular meetings of the Township Council for the Township of Randolph to discuss or act upon public business during the calendar year 2010 will be held on Thursdays on the dates listed below. Regular meetings and work session meetings are scheduled to begin at 8:00 p.m. prevailing time. The public is invited to attend work sessions, but there is no public participation except at the beginning of the meeting during the “Open to the Public” portion of the agenda. Final action may or may not be taken at all scheduled meetings which are held at the Randolph Township Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey, on the following dates:

2. Certified copies of this said Resolution shall, within seven days of its adoption, be mailed to the Randolph Reporter, the official newspaper designated by the Randolph Township Council, and to the Daily Record.

3. A certified copy of this said Resolution shall also be maintained throughout the year 2010 on the bulletin board located immediately adjacent to the Municipal Clerk’s Office in the main hallway of the Municipal Building.

4. A certified copy of this said Resolution shall be mailed to any person requesting notices of meetings of the Township Council pursuant to N.J.S.A. 10:4-19 and whoever has paid the required fee for such notice.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello congratulated Mayor Metz for a job well done in 2009.

Deputy Mayor Alpert echoed Councilman Napoliello’s comments.

Mayor Metz stated that he enjoyed his term as Mayor and noted it was an honor to serve as Randolph’s mayor in 2009.

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—Council Memo #28-09
B. Personnel Evaluations
C. Tilcon Litigation Joint Defense Agreement

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 Napoliello made a motion to move into Executive Session at 7:50 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

The Clerk noted that Councilwoman Mitsch had stepped out of the meeting room for a moment.

Deputy Mayor Alpert made a motion to return to Open Session at 9:15 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Deputy Mayor Alpert made a motion to deny the grievance filed by Officer Zenes based on Council discussion during the Executive Session. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

ADJOURNMENT

The Mayor adjourned the meeting at 9:20 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 Metz.

Present for the executive session were:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

ABSENT: Councilwoman Price

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

Tilcon Litigation Joint Defense Agreement

Do not release.

Personnel—Council Memo #28-09

Manager Lovell stated this grievance concerns Officer Zenes. Officer Zenes filed grievances through the Fraternal Order of Police. Manager Lovell stated that Officer Zenes by way of background has two issues. His first issue was an economic issue dealing with the charging of sick time. The second issue deals with discrimination. Issue one was resolved. Issue two I felt was addressed with the collective bargaining agreement. The collective bargaining agreement is quite clear.

Council determined they would deny the grievance based on discussions in Executive Session and a motion will be made when they return to Open Session.

Personnel Evaluation

The Clerk was dismissed from the remainder of the meeting.

_________________________
Donna Marie Luciani
Township Clerk