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

Minutes: December 7, 2010

A regular meeting of the Randolph Township Council was called to order at 7:20 p.m. by Mayor Mitsch. 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.

PRESENT:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Napoliello
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski reported that Homeland Security will be holding a table top exercise early in 2011. The Councilman will report to the Council once the details have been finalized. The police department has been working with the schools and reviewing their emergency preparedness plans. The schools throughout the county have a standardized format so that there is uniformity within the schools.

Councilman Metz reported that the Economic Development Committee met recently and discussed plans for the upcoming High School Career Day.

Councilman Algeier reported that he, Councilman Obremski, and Councilman Loveys toured the deteriorating DPW facility recently with Bill Kerwick.

Mayor Mitsch reported that she and her daughter, along with Councilman and Mrs. Algeier and Councilman-Elect and Mrs. MacArthur, were at Brighton Cromwell helping to assemble the packages being put together for the troops from items collected during Operation Appreciation. The amount of items collected this year topped last year’s amount. The Mayor attended the recent Senior Holiday Dinner at the Senior Center, which she believes was a more cozy and intimate location than the high school had been in the past. Many seniors approached her voicing a similar opinion. Mayor Mitsch asked the Council to consider recognizing the high school football team for their recent championship season and suggested it take place early in 2011.

Manager Lovell reported that Ray Stromberg is considering retiring due to health issues. The Manager will be discussing the position with the firefighters and will contemplate other options that may benefit Randolph in the future. The Manager has asked Mr. Stromberg to hold off retirement until March 1, 2011. Manager Lovell met with Mendham Township officials regarding the Seeing Eye property. The Seeing Eye property is on Green Acres land and Mendham has no land to offer for a diversion, however Randolph may have land that can be offered from the Heritage 55 golf course. There was an initial agreement negotiated with Mendham for one building on approximately one acre of property. Mendham has now indicated they would like to explore opportunities beyond that because there are several buildings at that site that could be used for other purposes. The Manager has asked the Manager in Mendham to provide a map that could be presented to the Council in order for a decision to be made and that should be available early in 2011. Should the larger initiative fall through, Mendham did indicate that they would be happy to move forward with the initial agreement and the meeting was positive. Randolph and Mendham will share the cost of having an experienced consultant assist with the diversion process at Green Acres. While at the meeting, Manager Lovell discussed the concept of merging the Mendham Township and Randolph police departments. It was agreed that a meeting will take place early in 2011 for further discussions. The Manager noted that several retirements are expected in Randolph’s police force and it would be an ideal time to move forward with a merger. Manager Lovell thanked Councilman Obremski and Mayor Mitsch for attending the meeting with him and providing support.

Councilman Algeier asked if there was a negative feeling since no incoming Mendham Township council members attended the meeting.

Manager Lovell responded that he believes the new Mendham council members will be more willing to work with Randolph than the outgoing members would have been.

Councilman Algeier suggested inviting Cromwell Brighton to the January 1 meeting to present them with a proclamation as a show of gratitude and appreciation for all of the effort they put forth with Operation Appreciation. The Councilman also suggested removing the tables and installing more chairs for the Re-Organization Meeting as he expects a large crowd to attend with three new incoming council members.

MINUTES

(1) Regular Council Meeting Minutes—November 4, 2010

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

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

NAYS: None

ABSTAIN: Councilman Obremski

(2) Executive Council Meeting Minutes—October 28, 2010 (Council Approval Only)

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

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

NAYS: None

(3) Various Executive Session Meeting Minutes From September 2005 to December 2009—Released for Public

Councilman Metz made a motion to approve the Executive Session Minutes for release. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN:
Councilman Loveys
Mayor Mitsch

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #22-10: Authorizing Conveyance of 575 Millbrook Avenue to the Randolph Board of Education

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE CONVEYANCE OF BLOCK 116, LOT 33 (575 MILLBROOK AVENUE) TO THE BOARD OF EDUCATION OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that five years ago Randolph entered into an agreement with the Board of Education through which the township acquired this property and leased it to the Board. All of the costs associated with that purchase have been paid back by the Board and this ordinance will transfer the property to the Board of Education.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE CONVEYANCE OF BLOCK 116, LOT 33 (575 MILLBROOK AVENUE) TO THE BOARD OF EDUCATION OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

AYES:
Councilman Loveys
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSENT: Councilman Algeier

(2) Ordinance #23-10: Amend Salary and Wage Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 16-09 AND ORDINANCE NO. 23-08 ENTITLED ’AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that he has gone through a process of adjusting salaries to account for increases authorized by the Council and union negotiations. An audit comment is likely if the Council does not adopt this ordinance at this time.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 16-09 AND ORDINANCE NO. 23-08 ENTITLED ’AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Obremski made a motion to adopt the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

DISCUSSION

(1) Council Meeting Dates and Resolution

Manager Lovell noted that some dates originally proposed for Council meetings in 2011 conflicted with religious holidays and have been either eliminated or moved. Those changes have been reflected in the accompanying resolution.

Councilman Obremski made a motion to approve the meeting date resolution. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

R-328-10

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 2011 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 2011 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.

COMBINED ACTION ITEMS

Manager Lovell noted that Randolph has entered into a contract with Mine Hill to provide health services, which is covered by a resolution up for approval this evening. A proposal for health services has been presented to Dover for consideration. Should Dover agree with the proposal, Randolph could wind up being one of the largest health agencies in Morris County.

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

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

NAYS: None

A. Refund/Adjustment Resolutions

(1) Cancel 2010 Delinquent Taxes—Water/Sewer and 2010 Tax and Water/Sewer Overpayments of $10.00 and Under

R-329-10

WHEREAS, it is recommended by the Tax Collector that the 2010 delinquent taxes, water/sewer and tax, water/sewer overpayments of $10.00 and under are cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris that the Tax Collector is instructed to cancel the 2010 delinquent taxes, water/sewer and 2010 tax, water/sewer overpayments of $10.00 and under.

(2) Refund Tree Bond for 52 Peace Road to Kevin Seidel—$1,600.00

R-330-10

WHEREAS, the Planning and Zoning Department received a tree bond posted by Kevin Seidel for Block 56, Lot 34, in the amount of $1,600.00; 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 $1,600.00 be refunded to Kevin Seidel, 52 Peace Road, Randolph, NJ 07869.

(3) Refund Overpayment of Water Account for Woodmont Condominium Complex to Integra Management—$499.68

R-331-10

WHEREAS, Woodmont Condominium Complex c/o Integra Management Corp., Account 9999/137, overpaid their water account in the amount of $1,499.68; and

WHEREAS, Woodmont has requested a refund of their overpayment.

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 $1,499.68 to Woodmont Condominium Complex, c/o Integra Management Corp., 200 Valley Road, Suite 203, Mt. Arlington, NJ.

(4) Refund Outside Tax Sale Certificate for 255 Dover Chester Road to Phoenix Funding—$43,766.81

R-332-10

WHEREAS, Outside Tax Sale Certificate #1862 held by Phoenix Funding, assessed to Margaret Stefanick, Block 47, Lot 46, 255 Dover-Chester Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $33,766.81, and premium in the amount of $10,000.00.

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 $43,766.81 to Phoenix Funding, holder of Tax Sale Certificate #1862.

(5) Refund Overpayment for 10 Red Oak Lane to Edward and Monica Sapone—$7,048.31

R-333-10

WHEREAS, Edward and Monica Sapone have been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 199, Lot 46.13, known as 10 Red Oak Lane; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $7,048.31; 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 $7,048.31 to Edward and Monica Sapone.

(6) Refund Overpayment of 2010 Taxes for Various Properties

R-334-10

WHEREAS, the following listed property owners have overpaid their 2010 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:

(7) Authorizing Credit to Account for Fourth Quarter Taxes For Block 195, Lot 25, Dedicated to Randolph From Alan Mackerly—$1,335.93

R-335-10

WHEREAS, Block 195, Lot 25, was dedicated to Randolph Township by deed dated October 4, 2010, from Alan Mackerley; and

WHEREAS, this lot should be tax exempt for the fourth quarter in 2010.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector is authorized to credit the account of Block 195, Lot 25, for the fourth quarter taxes in the amount of $1,335.93.

(8) Refund Overpayment of 2010 Taxes for 14 Rickland Drive to ServiceLink—$2,793.07

R-336-10

WHEREAS, ServiceLink has overpaid 2010 taxes in the amount of $2,793.07 on Block 155 Lot 7, 14, Rickland Drive; 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 $2,793.07 to ServiceLink.

(9) Refund Overpayment of Taxes for 6 Poplar Court—Dharmendra and Mita Patel—$8,452.67

R-337-10

WHEREAS, Dharmendra and Mita Patel have been granted a reduction in assessed valuation for the tax year 2010 by the Tax Court of New Jersey on Block 199, Lot 46.03, known as 6 Poplar Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $8,452.67; 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 $8,452.67 to Dharmendra and Mita Patel.

(10) Refund Overpayment of Taxes for 4 Red Oak Lane—Richard and Tara Plansky—$6,557.62

R-338-10

WHEREAS, Richard and Tara Plansky have been granted a reduction in assessed valuation for the tax year 2010 by the Tax Court of New Jersey on Block 199, Lot 46.10, known as 4 Red Oak Lane; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $6,557.62; 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 $6,557.62 to Richard and Tara Plansky.

(11) Refund Overpayment of Taxes for 124 Route 10—Salem Ten Holding Company

R-339-10

WHEREAS, Salem Ten Holding Co. has been granted a reduction in assessed valuation for the tax years 2009 and 2010 by the Tax Court of New Jersey on Block 197, Lot 2, known as 124 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $5,711.23, and in the amount of $5,922.49 for the year 2010; 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 $11,633.72 to Salem Ten Holding Co.

(12) Release Planning and Zoning Escrow for Various Accounts

R-340-10

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

Henry Arita, 221/1
Kleber Cedeno, 134/16
Beauty & Wellness by Moema Migliore, 168/88
Jeffrey Founds, 130/2.01
Marcus & Carrie Krison, 86/42
Peter & Luba Levistsky, 199/62
Michael & Monika Okulus Janson, 82.02/14
Fred Valese, 86/4

WHEREAS, the projects have 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 #155866, Henry Arita, $372.25
Acct #294826, Kleber Cedeno, $824.50
Acct #294833, Beauty & Wellness by Moema Migliore, $248.50
Acct #294836, Jeffrey Founds, $730.00
Acct #294828, Marcus & Carrie Krison, $784.00
Acct #294819, Peter & Luba Levistsky, $743.50
Acct #294831, Michael & Monika Okulus Janson, $797.50
Acct #294795, Fred Valese, $797.50

(13) Release Escrow Funds for Ironia Shopping Center—$520.48

R-341-10

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

Ironia Shopping Center, Inc., 4/35

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 amount be refunded:

Acct # 28683, Ironia Shopping Center, $520.48

(14) Refund Overpayment of 2010 Taxes for 17 Devonshire Drive to Huntington Mortgage

R-342-10

WHEREAS, Huntington Mortgage has overpaid 2010 taxes in the amount of $11,253.37 on Block 93, Lot 7.08, known as 17 Devonshire Drive, assessed to Thomas and Roselin Daniel; 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 $11,253.37 to Huntington Mortgage.

(15) Cancellation of Unexpended and Dedicated Capital Improvement Authorizations

R-343-10

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.

B. Approving the Insertion of an Item of Revenue in the 2010 Budget for the 2010 Body Armor Grant—$2,400.00

R-344-10

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 2010 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 2010 in the sum of $2,400.00 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: U.S. Department of Justice—Bureau of Justice Assistance—2010 Body Armor Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $2,400.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: U.S. Department of Justice—Bureau of Justice Assistance—2010 Body Armor Grant

C. 2010 Budget Transfers

R-345-10

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

Utility—Fuel Oil; Water and Sewer—Natural Gas; Streets and Roads, Other Expense; Revenue Administration, Other Expense; Data Processing, Other Expense; Legal, Other Expense; Police, Other Expense; Vehicle Maintenance, Other Expense; Electrical Inspector, Other Expense; Building and Grounds, Other Expense; Board of Health, Other Expense.

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:

Utility, Natural Gas, Other Expense; Water and Sewer, Electricity; Administrative and Executive, Salary and Wages; Health, Salary and Wages; Police, Salary and Wages; Police Dispatch 911, Salary and Wages; Group Insurance, Other Expense; Engineering, Other Expense; Board of Adjustment, 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:

D. Reserve for Preliminary Expenses—Department of Public Works and Vehicle Maintenance Facility Design—$20,000.00

R-346-10

WHEREAS, the Township Council of the Township of Randolph hereby acknowledges the requirement of preliminary costs to determine the scope and cost of a proposed undertaking. The purpose of these preliminary costs is for the Department of Public Work Facility Design and that the amount to be charged is for the purpose for which bonds may be issued under Chapter 2 of Title 40A.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that an additional $20,000.00 is needed for the Department of Public Work Facility Design and the Finance Director is hereby authorized to set up a reserve for preliminary expenses out of the Capital Improvement Fund.

E. Emergency Appropriation—Water Purchase—$210,000.00

R-347-10

WHEREAS, an emergency has arisen with respects to water purchases, and no adequate provision was made in the 2010 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $210,000.00 and three percent of the total operations in the budget for the year 2009 is $830,641.12.

NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48,

1. An emergency appropriation be and the same is hereby made for Morris County—Water Supply Services, Other Expenses in the amount of $210,000.00

2. That said emergency appropriation shall be provided in full in the 2011 Budget.

3. That two certified copies of the resolution be filed with the Director of Local Government Services.

F. Cancellation of Federal and State Grants—Receivables and Reserves

R-348-10

WHEREAS, receivable and reserve balances exist in the Township’s Grant Fund for the following State and Federal Grants:

WHEREAS, it is recommended by the Finance Director that the above grant receivable and reserve balances be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be directed to cancel the above mentioned receivable and reserve balances.

G. 201 Budget Amendment—Over the Limit Under Arrest Year End Crackdown—$5,000.00

R-349-10

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 2010 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 2010 in the sum of $5,000.00 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Over the Limit Under Arrest 2010 Year End Statewide Crackdown

SECTION II

BE IT FURTHER RESOLVED that a like sum of $5,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Over the Limit Under Arrest 2010 Year End Statewide Crackdown

H. Authorizing Revisions to Professional Services Agreement Project Drawings for the Senior Community Center to Ben Horton Architecture & Design—Not to Exceed $2,400.00

R-350-10

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

WHEREAS, Ben Horton Architecture & Design was awarded a contract on May 7, 2009, to provide architectural services for the Senior Community Center and the designs require revisions; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition 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, Ben Horten Architecture & Design has indicated they will complete the revisions to project drawings for the Senior Community Center per the proposal dated November 22, 2010, for $1,600.00 for Item 3 and $800.00 for Item 4 for an amount not to exceed $2,400.00; 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 Ben Horten Architecture & Design 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: December 7, 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 #2-10, Renovation of the Senior Community Center and Library, to award a contract to Ben Horten Architecture & Design for Revisions to Project Drawings for the Senior Community Center in the amount not to exceed $2,400.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing Award of Item 58 (Panasonic) to WPCS for MCCPC Contract 41—Purchase of Communications Equipment

R-351-10

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) authorizes an award of Item #58 (Panasonic) in Category A of Contract #41 (Purchase of Communications Equipment) for the 2011 contract period; and

WHEREAS, Item #58 (Panasonic) was a portion of Contract #41 (Purchase of Communications Equipment) which was not included in the initial awards of Contract #41 on the Council agenda of November 30, 2010; and

WHEREAS, the Township of Randolph has determined that WPCS International, Incorporated submitted the highest discount at (22.1%) for Item #58 (Panasonic).

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that WPCS International, Incorporated be awarded Item #58 (Panasonic) in Category A of MCCPC Contract #41 (Purchase of Communications Equipment) for contract period (January 1, 2011 to December 31, 2011).

J. Professional Services Agreement—Charles Schaffer Associates—Design and Bid Specifications for Public Works and Vehicle Maintenance Facility—$80,975.00

R-352-10

WHEREAS, the Township of Randolph has a need to acquire Charles Schaffer Associates 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 will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Charles Schaffer Associates LLC has indicated they will complete the Architectural Services for the DPW Facility at Sussex Turnpike for an amount not to exceed $80,975.00; and

WHEREAS, Charles Schaffer Associates LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Charles Schaffer Associates 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 Charles Schaffer Associates 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 award a contract to Charles Schaffer Associates LLC as described herein.

BE IT FURTHER 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 Charles Schaffer Associates LLC as described herein, not earlier than December 12, 2010.

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: December 7, 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 Reserve for Preliminary Costs—DPW Facility, to award a contract to Charles Schaffer Associates LLC for the Architectural Services for the DPW Facility at Sussex Turnpike in the amount not to exceed $80,975.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. Authorize 2011 Recreational Trail Program Grant Application

R-353-10

WHEREAS, the Township of Randolph wishes to apply for a grant for the Delaware, Lackawanna & Western Rail Trail—Black River Extension made available through the National Recreational Trails Fund Act which will allow for the connection of two county trail networks.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby authorize Randolph Township’s application for the grant.

BE IT FURTHER RESOLVED that the Township Manager, John Lovell, is hereby authorized to sign the application.

L. Authorizing Purchases From MCCPC Contract 41 From Various Vendors as Needed for All Departments in Township—Not to Exceed $36,000.00

R-354-10

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #41, Purchase of Communications Equipment, from various vendors as needed for all departments in the township; and

WHEREAS, a resolution was passed on March 18, 2010, in the amount of $30,000.00 and an additional $6,000.00 is needed.

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 from Morris County Cooperative Pricing Council Contract #41 as needed for all departments in the township in an amount not to exceed $36,000.00.

M. Authorizing Purchases From NJ State Contract T0109 Using Motorola Communication and Royal Communications for Radio Communications Equipment and Accessories—$111,000.00

R-355-10

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0109 for Radio Communications Equipment and Accessories; and

WHEREAS, a resolution was passed on September 30, 2010, in the amount of $105,000.00 and an additional $6,000.00 is needed.

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 from New Jersey State Contract #T0109 using various vendors in an amount not to exceed $111,000.00.

N. Authorizing Division of Alcoholic Beverage Control—Enforcing Underage Drinking Laws—Cops in Shops—$3,500.00

R-356-10

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 2010 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 2010 in the sum of $3,500.00 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Division of Alcoholic Beverage Control—Enforcing the Underage Drinking Laws—Cops in Shops

SECTION II

BE IT FURTHER RESOLVED that a like sum of $3,500.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Division of Alcoholic Beverage Control—Enforcing the Underage Drinking Laws—Cops in Shops

O. Authorizing State of New Jersey Recycling Tonnage Grant—$43,948.67

R-357-10

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 2010 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 2010 in the sum of $43,948.67 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 $43,948.67 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

P. Authorizing Mayor to Sign Agreement with Mine Hill Township for Health Services

R-358-10

WHEREAS, the Township of Mine Hill wishes to obtain Health Officer, Senior Registered Environmental Health Specialist, Registered Environmental Health Specialist, Registered Nurse (PHN), Health Educator and Public Health Laboratory Services from the Township of Randolph.

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2011.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Town of Dover.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

Q. Supporting the Paramount Adventure Club’s 9th Annual Triathlon Competition to be Held July 10, 2011

R-359-10

WHEREAS, Mike Nusbaum, President of the Paramount Adventure Club and Race Director for the Randolph Lake Triathlon, is requesting Randolph Township’s support and cooperation for their 9th Annual Triathlon competition on Sunday, July 10, 2011, in Randolph; and

WHEREAS, this event raises money for the Lakeland Youth Track and Field League as well as several other community organizations; and

WHEREAS, the bicycle race segment will primarily be held in Randolph and will require police assistance in making the roads safe.

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 Ninth Annual Triathlon competition.

R. Raffles

1. Instant Raffle, Ironia Elementary School PTA, February 5, 2011, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (snow date February 6, 2011)

2. Elite Grand Prize Raffle, Ironia Elementary School PTA, February 5, 2011, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (snow date February 6, 2011)

3. Super Grand Prize Raffle, Ironia Elementary School PTA, February 5, 2011, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (snow date February 6, 2011)

4. Grand Prize Raffle, Ironia Elementary School PTA, February 5, 2011, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (snow date February 6, 2011)

5. Basket Raffle, Ironia Elementary School PTA, February 5, 2011, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (snow date February 6, 2011)

6. 50/50 Raffle, Ironia Elementary School PTA, February 5, 2011, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (snow date February 6, 2011)

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Loveys stated that he would be happy to recognize the Randolph High School football team for their achievements this year.

Councilman Obremski noted that the Daily Record web site features Governor Christie signing a law protecting student athletes as Randolph’s Bulldog youth football team is prominently displayed in a photograph.

Councilman Metz reported that he happily attended the recent championship football game at Giant Stadium.

Deputy Mayor Napoliello reported that he attended the recent Christmas tree lighting and noted that the event was done well and enjoyed by all, especially the little children visiting with Santa Claus. The Deputy Mayor said good-bye to Councilwoman Price and Councilman Metz and thanked them for their service on the Council.

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. Chabad v. Randolph
B. Personnel
C. Investigation and Anticipated Litigation—Attorney Client Privilege

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 go 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 Loveys
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

Councilman Algeier made a motion to return to Open Session at 8:45 p.m. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Algeier made a motion to approve the resolution pertaining to Chabad. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Mayor Mitsch

NAYS:
Councilman Obremski
Councilwoman Price
Deputy Mayor Napoliello

Chabad Resolution

R-360-10

WHEREAS, Chabad of Randolph, Inc. (“Chabad”) owns premises known as Block 166, Lot 1.01, on the Official Tax Map of the Township of Randolph (“Township”), commonly known as 48 West Hanover Avenue (“Premises”); and

WHEREAS, Rabbi Alberto Avraham Bekhor (“Rabbi Bekhor”), and his wife, Chava Bekhor, and their children occupy the above Premises for residential purposes, in accordance with a use variance granted by the Zoning Board of Adjustment to allow this residential structure in an OS/GU (Open Space/Government Use) Zone; and

WHEREAS, Rabbi Bekhor and Chabad are conducting religious service activities in the dwelling house as a Chabad house; and

WHEREAS, the Township, Chabad and Rabbi Bekhor have come to a Memorandum of Understanding concerning the scope and limitations of the religious service activities that can be conducted at the Premises; and

WHEREAS, there has been presented a certain Memorandum of Understanding, December 7, 2010, by and among the Township, Chabad and Rabbi Bekhor setting forth the rights, duties and obligations of the parties in connection with the use of the Premises for certain levels of religious service activities; and

WHEREAS, the Township desires to authorize the execution of said Memorandum of Understanding subsequent to the execution thereof by Chabad and Rabbi Bekhor.

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

1. All the terms and conditions of a certain Memorandum of Understanding, dated December 7, 2010, by and among the Township of Randolph, Chabad of Randolph, Inc. and Rabbi Alberto Avraham Bekhor are hereby approved, ratified and confirmed by the Township, provided that Shalom Club activities shall be limited to twice monthly with no limitation on the number of children to be included in the aggregate limit of 25 individuals on the premises during such Shalom Club activities.

2. The Mayor and Township Clerk are hereby authorized to execute said Memorandum of Understanding, subsequent to its execution by Chabad of Randolph, Inc. and Rabbi Alberto Avraham Bekhor and said officials, together with all other officials, employees and professionals of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

3. This Resolution shall take effect as herein provided.

Councilwoman Price made a motion to return to Executive Session at 8:50 p.m. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Obremski made a motion to return to Open Session at 10:30 p.m. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 10:30 p.m.

___________________________
Donna Marie Luciani
Township Clerk