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

Minutes: February 4, 2010

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Alpert. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 7, 2009, by emailing them the annual resolution adopted by the Council on December 3, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 17, 2009.

PRESENT:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch (arrived 8:10 p.m.)
Mayor Alpert

ABSENT: Councilman Metz

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

Mayor Alpert led the Pledge of Allegiance.

SWEARING IN: POLICE OFFICERS DANIEL NOVOA AND JEFF GORAL

Manager Lovell provided background information on Officer Goral.

Officer Goral’s father and brother administered the Oath of Office to Officer Goral.

Manager Lovell provided background information on Officer Novoa.

Officer Novoa’s fiance administered the Oath of Office to Officer Novoa.

Police Chief Mason introduced fellow officers in attendance at the meeting.

BREAK FOR RECEPTION FOR NEW OFFICERS

APPROVAL OF MINUTES

(1) November 24, 2009

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

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

NAYS: None

ABSTAIN: Councilwoman Price

ABSENT: Councilman Metz

Manager Lovell reported that he conducted a review concerning the confusion surrounding the start time for the meeting on January 21, 2010. He stated that Randolph fully embraces the open public meetings law and everything possible is done to include the public. The meeting on January 21 was scheduled to begin at 7:30 p.m. Notice was provided to the Daily Record however it was not printed until the day before the meeting. There was conflicting information on the web site and the posted agenda. The Manager apologized for the confusion and stated that every effort will be made in the future to provide accurate information for all meetings. The Manager also noted that the meeting on January 21 was a goal setting meeting, no goals had been placed on the board prior to 8:00 p.m., and no action was taken by the Council that evening.

(2) December 3, 2009

Councilman Napoliello 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 Napoliello
Councilman Obremski
Deputy Mayor Mitsch
Mayor Alpert

NAYS: None

ABSTAIN: Councilwoman Price

ABSENT: Councilman Metz

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that the Clerk’s Office provided her with the tape of the January 21 meeting. She acknowledged that no action was taken by the Council that evening, however she believes the public needs to hear and understand the goals of the Council.

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier noted that he is a liaison to the Morris County Cooperative Pricing Council. He stated that the MCCPC is a success, growing from four members in 1974 to 217 members currently. The MCCPC will be targeting boards of education to see if they are interested in becoming members. Councilman Algeier would also like to involve the elected officials from other towns in order to increase shared services. Councilman Algeier is going to present Governor Christie’s Chief of Staff with a packet of information he has compiled concerning the scarce resource order and how it is stifling development in the Highlands area. The Councilman will ask the Chief of Staff to review the information and pass along to Governor Christie for possible action.

Councilwoman Price reported that the Community Services Advisory Committee is reaching out to local religious and community organizations in an effort to be provided with names of seniors and residents in need of special services, such as leaf raking. Kiwanis has donated $1,000.00 to the local food pantry. Councilwoman Price asked Manager Lovell if any further action has been taken to combine the Planning Board and the Board of Adjustment.

Manager Lovell responded that no further action has been taken on that issue at this time.

Councilman Napoliello asked if the Manager has received any statistics from the local deer hunts taking place in Randolph.

The Manager responded that he has statistics from the Clyde Potts hunt. As of the end of January, 106 deer have been taken off Clyde Potts.

Manager Lovell reported that the Grecco project on Route 10 for a shopping complex began pulling permits to begin demolition and he believes construction permits will be applied for shortly.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #01-10: Repealing the Open Space Advisory Committee

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE DISSOLVING THE ADVISORY OPEN SPACE COMMITTEE AND DELETING SECTIONS 10-171, 10-172, AND 10-173 OF CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the Open Space Committee and open space acquisitions have been an unparalleled success in Randolph Township. At this time, however, there is not much property remaining in Randolph for purchase for open space. The ordinance for the Environmental Commission contains language that place certain responsibilities within the purview of that Commission that will allow them to take on the goals of the Open Space Committee. The Township will continue to scan for potential acquisitions and apply for Open Space and Green Acre grants. The Manager noted that he will be coordinating with the Resource Conservation and Development Council to deal with the management and maintenance of open space acquisitions, and he hopes to become a lead community in Morris County.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Barbara Heskins Davis, 6 Chestnut Hill Road, noted that she served as the chair for the Open Space Committee for 15 years and stated that she is proud of all the work the Committee has done. Mrs. Davis strongly urged the Council to direct the Environmental Commission to create a sub-committee to take on the responsibilities of the open space program. Mrs. Davis thanked the Council for agreeing to accept the donation of property in Randolph from the Land Conservancy.

Mayor Alpert thanked Mrs. Davis for all of her time and dedication to the Open Space Committee.

Judith Stewart, 114 Everdale Road, believes the Environmental Commission will do a good job of taking over the responsibilities of the Open Space Committee. Mrs. Stewart suggested a few members of the Open Space Committee be appointed to the Environmental Commission to ensure a smooth transition.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE DISSOLVING THE ADVISORY OPEN SPACE COMMITTEE AND DELETING SECTIONS 10-171, 10-172, AND 10-173 OF CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Deputy Mayor Mitsch stated that she is liaison to the Environmental Commission and noted that a sub-committee has already been established that will focus on open space. The Deputy Mayor noted that this ordinance does not mean that open space will not be sought or acquired in the future, it merely reflects the fact that the Open Space Committee has had such great success. Deputy Mayor Mitsch thanked Mrs. Davis for the contributions she has made to the open space program.

Councilman Napoliello noted that he spent six years on the Open Space Committee and acknowledged Mrs. Davis’s contributions to the program. The Councilman agrees with Mrs. Davis that a sub-committee exist within the Environmental Commission and is glad to hear that one has already been formed.

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 Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert

NAYS: None

ABSENT: Councilman Metz

COMBINED ACTION ITEMS

Manager Lovell explained several of the professional services agreements on the agenda.

Councilwoman Price asked that Item P be pulled from the agenda for discussion.

Councilman Algeier asked for a summary of the Memorandum of Understanding with Roxbury, which the Manager provided.

Councilman Algeier noted that he supports shared services, however his vote is contingent upon two things—improved services and economic benefit.

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

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

NAYS: None

ABSENT: Councilman Metz

** Councilman Algeier noted that Paul Ferriero has been a great source of information, knowledge, and sage advice when it comes to situations dealing with the Highlands Council. He also noted that Mr. Ferriero is saving Randolph money.

A. Refund/Adjustment Resolutions

(1) Refund Registration fee for 2009/2010 Ice Hockey Program to John Michel—$1,050.00

R-54-10

WHEREAS, John Michel registered his child for the 2009/2010 Ice Hockey Program and paid the fee of $1,050.00; and

WHEREAS, his child will not be participating in the program due to a prior religious commitment.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $950.00 be refunded to John Michel, 3 Echo Ridge Road, Randolph, NJ 07869.

(2) Release Soil Movement Cash Bond for 6 Aspen Drive Site Plan, Block 18.02, Lot 5, to Fieldfair Corp.—$20,000.00

R-55-10

WHEREAS, the Engineering Department has received a request from FIELDFAIR Corporation for the release of a soil movement $20,000.00 cash bond posted for soil removal in conjunction with the 6 Aspen Drive site plan, Block 18.02, Lot 5; and

WHEREAS, the soil movement bond consisted of a $20,000.00 cash bond which was received and deposited with the Finance Department on March 6, 2007; and

WHEREAS, the applicant was required to post this bond as part of the site plan approval for Block 18.02, Lot 5; and

WHEREAS, the Engineering Department has inspected the site and determined that all soil movement associated with the site plan has been 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 Raffaele Carchia, Township Engineering Administrator, that the soil movement bond in the amount of $20,000.00 plus accrued interest be released to FIELDFAIR Corporation, P.O. Box 1578, Livingston, NJ 07039.

(3) Refund Tree Bond for Block 199, Lot 36.08, to Doug Collinson—$1,200.00

R-56-10

WHEREAS, the Planning and Zoning Department received a tree bond posted by Doug Collinson for Block 199, Lot 36.08, in the amount of $1,200.00; 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 $1,200.00 be refunded to Doug Collinson, 183 W. Dewey Avenue, Wharton, NJ 07885.

(4) Refund Outside Tax Sale Certificate #1878 to Park Finance, LLC—$36,243.87

R-57-10

WHEREAS, Outside Tax Sale Certificate #1878 held by Park Finance, LLC, assessed to Violet Taylor, Block 121, Lot 66, 259 Washington Valley Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $21,143.87, and premium in the amount of $15,100.00.

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 $36,243.87 to Park Finance, LLC, holder of Tax Sale Certificate #1878.

B. Forwarding Route 10/Route 513 Intersection Study to NJ DOT

R-58-10

WHEREAS, the intersection of NJ State Route 10 and County Route 513 has been identified as a critical traffic concern by the Randolph Township Traffic Advisory Committee; and

WHERAS, the intersection routinely suffers from severe traffic back-ups creating driver delays and unsafe traffic movements; and

WHEREAS, the Traffic Advisory Committee established a subcommittee comprised of local volunteers and members of the Randolph Police Department; and

WHEREAS, said subcommittee undertook a thorough study identifying factors contributing to traffic back-ups and unsafe movements at the intersection; and

WHEREAS, the subcommittee has further provided a number of suggested enhancements to the intersection in hopes of improving conditions there; and

WHEREAS, the “Report on the Route 10/Route 513 Intersection” was presented to the Randolph Township Council on January 14, 2010; and

WHEREAS, members of the Township Council were impressed with the report and believe that the report should be forwarded to the New Jersey Department of Transportation for a thorough review and analysis in hopes that improvements to the intersection can be identified and scheduled for implementation.

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

A copy of the Report of the Route 10/Route 513 Intersection shall be delivered to the appropriate representative of NJ DOT.

The New Jersey Department of Transportation is called upon to undertake a thorough review and analysis of the report.

The Township Council acknowledges and thanks the Randolph Township Traffic Advisory Committee and all members of the Citizens’ Subcommittee responsible for the development of the Report of Route 10/Route 513 Intersection for their dedication and hard work to address the ongoing problems associated with the intersection.

C. Authorize Memorandum of Understanding with Roxbury for Shared Services—Health and Construction Codes

R-59-10

WHEREAS, the Township of Roxbury wishes to obtain Health Department Services from the Township of Randolph; and

WHEREAS, the Township of Randolph wishes to obtain Construction Code Services from the Township of Roxbury; and

WHEREAS, all parties agree to abide by the provisions set forth in the Services Agreement dated February 4, 2010.

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

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

D. Approval of Tonnage Grant Resolution

R-60-10

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c 102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal programs and to continue to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for the 2009 Recycling Tonnage Grant will memorialize the commitment of this municipality to recycling and to indicate the assent of the Randolph Township Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that Randolph Township hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Mark Caputo to ensure that the application is properly filed.

BE IT FURTHER RESOLVED that the monies received from the Recycling Tonnage Grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

E. Tax Reimbursement Certification

R-61-10

WHEREAS, the Recycling Enhancement Act, P.L. 2007, Chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility; and

WHEREAS, whenever a municipality operates a municipal service system for solid waste collection or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law,” the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that Randolph hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, Chapter 311, in 2009 in the amount of $27,666.09. Documentation supporting this submission is available at 502 Millbrook Avenue, Randolph, NJ 07869 and shall be maintained for no less than five years from this date.

F. Authorizing Professional Services Agreement with Nisivoccia & Company for Providing Auditing Services—Not to Exceed $43,960.00

R-62-10

WHEREAS, the Township of Randolph has a need to acquire Nisivoccia & Company, LLP, 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, Nisivoccia & Company, LLP, has indicated they will provide the Professional Auditing Services for an amount not to exceed $43,960.00; and

WHEREAS, Nisivoccia & Company, LLP, has completed and submitted a Business Entity Disclosure Certification which certifies that Nisivoccia & Company, LLP, 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 Nisivoccia & Company, LLP, 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 Nisivoccia & Company, LLP, 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: February 4, 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 2010 Budget, Auditing, Other Expense, and Water and Sewer - Auditing, Other Expense, to award a contract to Nisivoccia & Company, LLP, for Professional Auditing Services in the amount not to exceed $43,960.00.

____________________________
Michael J. Soccio
Chief Financial Officer

G. Professional Services Agreement with Veridian, Inc., for Environmental Services Such as Soil and Tank Inspection and Removal—Not to Exceed $10,000.00

R-63-10

WHEREAS, the Township of Randolph has a need to acquire Veridian, Inc., Environmental Consultants, 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, Veridian, Inc., Environmental Consultants, has indicated they will provide the Environmental Services such as Soil and Tank Inspection and Removal for an amount not to exceed $10,000.00; and

WHEREAS, Veridian, Inc., Environmental Consultants, has completed and submitted a Business Entity Disclosure Certification which certifies that Veridian, Inc., Environmental Consultants, 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 Veridian, Inc., Environmental Consultants, 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 Veridian, Inc., Environmental Consultants, 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: February 4, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Veridian, Inc. Environmental Consultants for Professional Environmental Services such as Soil and Tank Inspection and Removal in the amount not to exceed $10,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

H. Professional Services Agreement with Aurora Environmental for the Completion of Required Soil Boring and Closure Reports for NJ DEP for Municipal Projects—Not to Exceed $28,075.00

R-64-10

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

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

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

WHEREAS, Aurora Environmental, Inc., has indicated they will complete required soil boring and closure reports for NJDEP for Municipal projects for an amount not to exceed $28,075.00; and

WHEREAS, Aurora Environmental, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Aurora Environmental, Inc., has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Aurora Environmental, Inc., from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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: February 4, 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 2010 Budget, Building and Ground, Other Expense, to award a contract to Aurora Environmental, Inc., for Completion of Required Soil and Boring and Closure Reports for NJ DEP for Municipal Projects in the amount not to exceed $28,075.00.

____________________________
Michael J. Soccio
Chief Financial Officer

I. Rescinding Portion of Computer Systems and Methods for MCCPC Contract #41 and Rescheduling Re-Bid

R-65-10

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded a contract on December 3, 2009, to Computer Systems & Methods under MCCPC Contract #41 (Purchase of Communications Equipment); and

WHEREAS, due to the protest of Gold Type Business Machines regarding the award to Computer Systems & Methods for Item #56 (Panasonic), an additional review by the Township Attorney was warranted. It is the opinion of the Township Attorney to rescind Item #56 from Computer Systems & Methods’ initial contract award and be re-bid with modifications to the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Item #56 (Panasonic) in Category A (Radio Equipment) of 2010 MCCPC Contract #41 (Purchase of Communications Equipment) be rescinded from Computer Systems & Methods’ initial contract award of December 3, 2009, and Item #56 (Panasonic) be re-bid with modifications to the bid specifications.

J. Rescind Schifano Construction Award for Category D of Contract 6 and Re-Award to Tilcon NY on Behalf of MCCPC

R-66-10

WHEREAS, on December 3, 2009, Schifano Construction Corporation was awarded a portion of MCCPC Contract #6 (Road Resurfacing) for Category D (Resurfacing Preparations) for District #1, 2 & 3 MCCPC members; and

WHEREAS, Schifano Construction Corporation has contacted the MCCPC to advise that they will not be able to fulfill their contract obligations for Category D (Resurfacing Preparations) for Districts #1, 2 & 3 members for the 2010 contract period; and

WHEREAS, Tilcon New York was the only other bidder for Category D (Resurfacing Preparations) of Contract #6 (Road Resurfacing) and has agreed to take over Schifano Construction’s contract to coincide with Tilcon New York’s portion of their initial award under the identical contract.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that a portion of Schifano Construction’s initial award of December 3, 2009, for Category D (Resurfacing Preparations), Districts #1, 2 & 3 of MCCPC Contract #6 (Road Resurfacing) be rescinded and re-awarded to Tilcon New York for the 2010 contract period.

K. Professional Services Agreement with McCann Associates to Conduct Promotional Examinations for Police Sergeant

R-67-10

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

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

WHEREAS, McCann Associates has indicated they will provide promotional testing for the Randolph Township Police Department for an amount not to exceed $9,505.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 4, 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 2010 Budget, Police, Other Expense, to award a contract to McCann Associates for Conducting Promotional Testing for the Randolph Township Police Department in the amount not to exceed $9,505.00.

____________________________
Michael J. Soccio
Chief Financial Officer

L. Professional Services Agreement with Clough Harbour & Associates for Design Drawings and Bid Specifications for Overlook Avenue Water Booster Stations

R-68-10

WHEREAS, the Township of Randolph has a need to acquire Clough Harbour & Associates 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 in addition to others 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, Clough Harbour & Associates was retained in 2003 to design drawings and bid specifications for two water booster stations; and

WHEREAS, the Township has awarded the Overlook Avenue Booster Station construction project and the required three-phase power supply is not available to service the proposed booster station; and

WHEREAS, Clough Harbour & Associates has submitted a proposal for the redesign of the electrical service, pump and phase converter analysis for an amount not to exceed $13,500.00; and

WHEREAS, Clough Harbour & Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Clough Harbour & Associates 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 Clough Harbour & Associates from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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: February 4, 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 #8-03, Various Capital Improvements (Booster Stations), to award a contract to Clough Harbour & Associates for the Preparation of Design Drawing and Bid Specifications for the Water Booster Station Located on Overlook Avenue in the amount not to exceed $13,500.00.

____________________________
Michael J. Soccio
Chief Financial Officer

M. Authorizing Randolph to Join Morris County Adaptive Recreation Program (McARP) and to Contribute an Amount Not in Excess of the Fair Share Assessment

R-69-10

WHEREAS, there has been created a Morris County Adaptive Recreation Program (McArp); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost is estimated to exceed $300,000.00; and

WHEREAS, the Randolph Township costs with respect thereto will be approximately $3,259.00 to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the Council of Randolph Township that Randolph Township hereby intends to join the Morris County Adaptive Recreation Program (McArp) as described above and contribute thereto in the amount not in excess of the Fair Share Assessment for one year.

N. Authorizing Professional Services Agreement with Paul Ferriero Engineering to Provide Engineering Services—Not to Exceed $96,000.00

R-70-10

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

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

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

WHEREAS, Ferriero Engineering, Inc. has indicated they will provide the Consulting Engineering Services for $120.00 per hour in an amount not to exceed $96,000.00; and

WHEREAS, Ferriero Engineering, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that Ferriero Engineering, Inc. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Ferriero Engineering, Inc. from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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: February 4, 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 2010 Budget, Engineering, Other Expense, and Water and Sewer, Other Expense, to award a contract to Paul Ferriero Engineering, Inc., for Consulting Engineer to Provide Staff Support in the amount not to exceed $96,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

O. Authorizing Engineering Services for Open Cut and Pipe Bursting Designs for Raynor Project to Hatch Mott MacDonald, LLC—$9,900.00

R-71-10

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

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

WHEREAS, Hatch Mott MacDonald, LLC, has indicated they will provide the engineering services for open cut and pipe bursting designs for the Raynor Project for an amount not to exceed $9,900.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 4, 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 #20-97, Butterworth Sewer Interceptor, to award a contract to Hatch Mott MacDonald, LLC, for Engineering Services for Open Cut and Pipe Bursting Designs for the Raynor Project in the amount not to exceed $9,900.00.

____________________________
Michael J. Soccio
Chief Financial Officer

P. Professional Services Agreements for Legal Services:

Acted on separately.

(1) Ed Buzak—Township Attorney—$289,200.00

(2) Anthony Bucco, Jr.—Developers’ Agreements—Not to Exceed $15,000.00

(3) John L. Kraft—Bond Counsel—Not to Exceed $10,000.00

(4) Mike Cresitello—Prosecutor—Not to Exceed $25,600.00 Plus Special Sessions Not to Exceed $4,000.00

(5) Allen Iskra—Public Defender—Not to Exceed $14,270.00 Plus DWI Sessions Not to Exceed $1,080.00

(6) Andrew Blair—Deputy Public Defender—Not to Exceed $2,500.00

Q. Raffles

(1) On-Premise 50/50, Housing Partnership for Morris County, April 17, 2010, 12:00 p.m. to 4:00 p.m. at the County College of Morris, 214 Center Grove Road, Randolph

(2) On-Premise Tricky Tray, Fernbrook School PTA, May 14, 2010, 6:00 p.m. to 11:00 p.m. at Randolph High School, Millbrook Avenue, Randolph

(3) Off-Premise 50/50, Fernbrook School PTA, May 14, 2010, 6:00 p.m. to 11:00 p.m. at Randolph High School, Millbrook Avenue, Randolph

(4) Bingo, Fernbrook School PTA, May 14, 2010, 6:00 p.m. to 11:00 p.m. at Randolph High School, Millbrook Avenue, Randolph

(5) On-Premise Merchandise Raffle, Fernbrook School PTA, May 14, 2010, 6:00 p.m. to 11:00 p.m. at Randolph High School, Millbrook Avenue, Randolph

Councilwoman Price stated that, considering the current economic climate, the Council owes it to the taxpayers to take a look at what is spent for legal services and possibly put those services out to bid. The Councilwoman noted that these professional services, combined with those approved recently, add up to over $400,000.00 for legal services.

Mayor Alpert noted that the Council has been able to maintain last year’s rates with the cooperation of the individuals involved.

Councilman Algeier asked the Manager to explain which services were recently approved.

Manager Lovell responded with the following:

Fred Knapp was providing services regarding an arbitration issue which has now been resolved, resulting in no more money being spent there
David Paris was appointed as a Hearing Officer not to exceed $1,550.00
Art Thibault was appointed for a police disciplinary matter not to exceed $2,500.00
Fred Knapp was appointed to provide general legal counsel for labor for $6,000.00
Art Thibault was appointed as special counsel to the police department for $6,000.00

The Manager stated that it is beneficial to work with attorneys you are comfortable with and with attorneys who are at the top of their field. His comments regarding the current individuals proposed for professional services agreements included:

He considers Ed Buzak to be one of the best attorneys in New Jersey
Jack Kraft is one of the top bond counsels and is well regarded by his peers
There is a comfort level with Michael Cresitello, Allen Iskra, and Andrew Blair for their court responsibilities
There have been no conflict cases for Michael Cresitello, which would have resulted in delays and transfers to other jurisdictions
He respects Fred Knapp and the work he’s done concerning labor matters
Art Thibault is the Chief’s recommendation and his work has been very good on behalf of the Township
Everything this organization does is based on law—we deal with the law, we create law, we implement law, and therefore need the advice of professionals
He does not advise going to the lowest bidder for legal services—he has seen it backfire

Councilman Napoliello stated that he is comfortable with the attorneys obtained by Randolph. The Councilman noted that when he came onto the Council Randolph was spending over $600,000.00 for legal services. Randolph currently is spending much less for excellent attorneys.

Councilman Obremski clarified that most of the professional services agreements are “not to exceed” agreements.

Councilman Algeier’s comments included the following:

Mr. Iskra’s fees are paid by a trust fund paid into by defendants
Most of Mr. Bucco’s fees are paid by the developers’ trust fund
Mr. Blair has been appointed to act in the event of a conflict for Mr. Iskra, however there has not been any conflicts during the time he has been appointed
Mr. Cresitello has expertise in working on DWI cases and a Council might not want to hire an attorney who is less experienced for less money
He believes you need to look at legal representation the same way you would look at the need for an experienced doctor should you be seriously ill
The attorneys Randolph hires come with the highest recommendations
Hiring legal representation for less money could result in spending more money down the road correcting potential mistakes
The previous law firm was averaging over $600,000.00 a year in fees and that did not include all the items on this list
He is aware that Councilwoman Price voted in favor of these professional services agreements in the past and can only conclude that she has changed her vote due to this being an election year since the Councilwoman never expressed her displeasure in the past
He believes this slate of attorneys to be the best in Morris County, bar none

Councilwoman Price responded that her point is that you get what you negotiate and believes we should go back to the table to negotiate for better rates than what we are proposing paying.

Mayor Alpert responded that there is a reason that state law is clear in that professional services do not have to be bid items because cheaper is not necessarily better. He echoed that cheaper legal services may well end up being more expensive in the long run.

Deputy Mayor Mitsch thanked the attorneys for holding their fees at 2009 levels and for their sensitivity to the economic climate in which the Council must operate. The Deputy Mayor considers the depth of experience the attorneys bring to be invaluable to Randolph and she has no desire to put the Township at risk by not supporting these agreements.

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

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

NAYS: Councilwoman Price

ABSENT: Councilman Metz

P. Professional Services Agreements for Legal Services:

(1) Ed Buzak—Township Attorney—$289,200.00

R-72-10

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 Township Legal Services for an amount not to exceed $289,200.00; 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.

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: February 4, 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 2010 Budget, Legal, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to The Buzak Law Group, LLC, for Township Legal Services in the amount not to exceed $289,200.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(2) Anthony Bucco, Jr.—Developers’ Agreements—Not to Exceed $15,000.00

R-73-10

WHEREAS, the Township of Randolph has a need to acquire Anthony M. Bucco, Jr., of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC, 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, Anthony M. Bucco, Jr., of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC, has indicated they will provide the Negotiations and Preparation of Developers’ Agreements for an amount not to exceed $15,000.00; and

WHEREAS, Anthony M. Bucco, Jr., of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC, has completed and submitted a Business Entity Disclosure Certification which certifies that Anthony M. Bucco, Jr., of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC, 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 Anthony M. Bucco, Jr., of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC, from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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: February 4, 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 Various Escrow Accounts to award a contract to Anthony M. Bucco, Jr., of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC, for Negotiations and Preparation of Developers’ Agreements in the amount not to exceed $15,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(3) John L. Kraft—Bond Counsel—Not to Exceed $10,000.00

R-74-10

WHEREAS, the Township of Randolph has a need to acquire John L. Kraft of Lomurro, Davison, Eastman & Munoz, PA, 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, John L. Kraft of Lomurro, Davison, Eastman & Munoz, PA, has indicated they will provide the Bond Counsel Services for an amount not to exceed $10,000.00; and

WHEREAS, John L. Kraft of Lomurro, Davison, Eastman & Munoz, PA, has completed and submitted a Business Entity Disclosure Certification which certifies that John L. Kraft of Lomurro, Davison, Eastman & Munoz, PA, 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 John L. Kraft of Lomurro, Davison, Eastman & Munoz, PA, from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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: February 4, 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 Various Capital Ordinances to award a contract to John L. Kraft of Lomurro, Davison, Eastman & Munoz, PA, for Bond Counsel Services in the amount not to exceed $10,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(4) Mike Cresitello—Prosecutor—Not to Exceed $25,600.00 Plus Special Sessions Not to Exceed $4,000.00

R-75-10

WHEREAS, the Township of Randolph has a need to acquire Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., 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 may be extended as approved by this governing body; and

WHEREAS, Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., has indicated he will provide the services as Township Prosecutor for an amount not to exceed $25,600.00 plus special sessions at $500.00 per session plus $135.00 per hour for sessions in excess of four hours not exceeding $4,000.00; and

WHEREAS, there will be a review of services to occur on July 1, 2010, to determine if an adjustment to the retainer is warranted; and

WHEREAS, Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., has completed and submitted a Business Entity Disclosure Certification which certifies that Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., 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 Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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: February 4, 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 2010 Budget, Municipal Prosecutor, Other Expenses, to award a contract to Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, for Township Prosecutor Services in the amount not to exceed $29,600.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(5) Allen Iskra—Public Defender—Not to Exceed $14,270.00 Plus DWI Sessions Not to Exceed $1,080.00

R-76-10

WHEREAS, the Township of Randolph has a need to acquire Allan J. Iskra of Schonwald & Iskra 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, Allan J. Iskra of Schonwald & Iskra has indicated they will provide the Public Defender Services for an amount not to exceed $14,270.00 plus DWI Sessions at $270.00 per session not to exceed four sessions or $1,080.00; and

WHEREAS, Allan J. Iskra of Schonwald & Iskra has completed and submitted a Business Entity Disclosure Certification which certifies that Allan J. Iskra of Schonwald & Iskra 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 Allan J. Iskra of Schonwald & Iskra from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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: February 4, 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 Trust Fund - Public Defender, to award a contract to Allan J. Iskra of Schonwald & Iskra in the amount not to exceed $15,350.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(6) Andrew Blair—Deputy Public Defender—Not to Exceed $2,500.00

R-77-10

WHEREAS, the Township of Randolph has a need to acquire Andrew J. Blair, Esq., 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, Andrew J. Blair, Esq., has indicated he will provide the Deputy Public Defender Services for an amount not to exceed $2,500.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 4, 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 Trust Fund - Public Defender, to award a contract to Andrew J. Blair, Esq., for Deputy Public Defender in the amount not to exceed $2,500.00.

____________________________
Michael J. Soccio
Chief Financial Officer

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked how the Mayor decides when it is time to open a meeting.

Mayor Alpert responded he goes by the time on the computer.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier reported that Cherry Hill had banned billboards entirely from their community and were subsequently successfully sued by a billboard company. The Councilman noted that Randolph used good sense recently when deciding to restrict billboards to a couple of sections in town. Councilman Algeier asked Mr. Buzak and Mr. Giaimis to research bills floating around the Legislature that would impose on municipalities an obligation to allow in certain zones more uses designated as inherently beneficial uses. He believes this is something that could impact Randolph on a number of levels. The Councilman reported that he received a call from the man leasing the Mt. Freedom Golf Center inquiring about possible zoning changes and he referred him to the Township Manager. Councilman Algeier expressed concern that the new DMW building seems to be exempt from the state’s scarce resource order and asked Mr. Buzak to research whether there is anything Randolph can do to make sure that state entity is compliant with the scarce resource order.

Councilman Napoliello asked Manager Lovell if he has gotten any indication of what the COAH requirements would be if Randolph were to opt in to the Highlands.

Manager Lovell responded that no actual numbers have been issued by the Highlands.

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
b. Jersey City v. RVRSA and Member Towns

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 Obremski made a motion to move into Executive Session at 9:40 p.m. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

Councilman Obremski made a motion to come out of Executive Session at 10:45 p.m. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

ADJOURNMENT

The Mayor adjourned the meeting at 10:45 p.m.

_____________________________
Donna Marie Luciani
Township Clerk