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

Minutes: February 5, 2009

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Metz. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009.

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

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

PLEDGE OF ALLEGIANCE—Led by Boy Scouts of America Troop 109

PRESENTATION BY BOY SCOUTS OF AMERICA—Troop 109

The Boy Scouts recited the Scouting Law and the Scouting Oath.

James Giordano, Senior Patrol Leader of Boy Scout Troop 109 in Randolph, presented an update of the scouting community to the Township Council. His comments included:

2008 was proud year for scouts in Randolph.
13 young men earned the Eagle Scout Award. National Statistics indicate that four percent of scouts become an Eagle. In the Patriots’ Path Council, over ten percent have attained the rank of Eagle
Scouts have earned 351 merit badges and 250 rank badges.
Trips taken during the past year include the Kittatiny Reservation, Scuba Diving at Elite Divers, Allamuchy Camporee, Sabattis Adventure Camp in New York State, Pennsylvania fishing trip, No Be Bosco Reservation camping.
Scouts gave over 100 hours of community service with projects such as Scouting for Food, Adopt-a-Trail Cleanup, trail markings at Hedden Park, Randolph Museum fundraiser, several community Eagle Scout projects, Mt. Fern Church cleanup.
Cub Scout membership totals 252 in four packs.
Boy Scout membership totals 122 in four troops.
Venturing Crew membership totals 20 in two crews.
Seven of the eight units earned the Quality Unit Award from the National BSA Council for outstanding programs.

PROCLAMATION—BOY SCOUTS OF AMERICA

Mayor Metz read the following proclamation into the record:

WHEREAS, the success of scouting for Cub Scouts, Boy Scouts, Explorers, and Venturing depends on our community organizations; and

WHEREAS, there are 505 churches and synagogues, schools and parent-teacher associations, service and fraternal clubs, and other community organizations that have been chartered in our area by the Boy Scouts of America to use the scouting program; and

WHEREAS, the volunteer leaders selected by these chartered organizations are performing an outstanding service for 18,871 boys and young men and women; and

WHEREAS, the Patriots’ Path Council of the Boy Scouts of America and its corps of dedicated volunteer leaders are providing necessary support to the leaders in the 6,236 Cub Scout Packs, Boy Scout Troops, Explorer Posts, and Venture Crews.

NOW, THEREFORE, BE IT RESOLVED that I, Edward A. Metz, Mayor of Randolph Township, County of Morris, New Jersey, on behalf of the Town Council, proclaim the week of February 2-9, 2009, as Scouting Anniversary Week and urge our citizens to join with me in expressing appreciation to the community organizations and their volunteer Scouting leaders for bringing this value-based program to our young people.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked about the Powers property being acquired as open space.

Manager Lovell responded that the Powers tract contains two potentially buildable lots in the middle of the Mill Brook Valley Park.

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier attended a Municipal Alliance Committee meeting where much was accomplished. He requested the Council consider authorizing a parallel study concerning the Highlands issue. Currently the studies focus on a land use study, and the Councilman believes it would be beneficial to include a study on the possible economic impacts of choosing whether or not to opt in to Highlands. Additionally, Councilman Algeier would like to invite a representative from a town that lies in the preservation area to a future Council meeting to discuss what the impact has been to their town. In comments directed to the Boy Scouts in attendance, the Councilman noted that he was a Boy Scout when he was young and considers it to be one of the most formative experiences of his life and wished them all luck in the future.

Mayor Metz noted that April 22 has been set as Senior Career Day for the High School. All of the businesses in town have received letters asking for their interest in participating in High School Senior Career Day as well as a request to provide any information they would like posted on the Township web site as a way to inform residents of their existence and of the products they have to offer. There will be a meeting with the Board of Education on February 20 where the Mayor is hoping to expand discussions on shared services. To date, over 600 families have signed up to the weekly email alert system.

Manager Lovell reported that Verizon has indicated that Randolph will be fully wired for service in 2009. All of the overhead wire is currently in place, and remaining work on the underground wiring will be completed shortly. Some town home and apartment complexes may not be able to receive Verizon service due to pre-existing contracts with Cablevision. Competition between Verizon and Cablevision is starting to have a positive impact on pricing.

Councilman Algeier noted that when Verizon was petitioning the state to grant them a state-wide franchise, Cablevision was lobbying various municipalities, such as Randolph, to oppose Verizon’s application. Randolph considered their request but rejected it because the Council favored competition and the benefits that competition offered Randolph residents. The Councilman believes the Council was correct in their decision.

ORDINANCES

A. Introduction

(1) Position of Court Administrator/Defined Contribution Retirement Program

Manager Lovell stated that the State of New Jersey initially indicated that Court Administrators should be a part of the Defined Contribution Retirement Program, but has since reversed that decision. This ordinance removes the title of Court Administrator from that program and puts them back in the pension system.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 2-138 AND 2-139 OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO INDICATE THAT THE POSITION OF COURT ADMINISTRATOR IS NOT ELIGIBLE FOR AND REQUIRED TO PARTICIPATE IN AND IS EXEMPT FROM PARTICIPATION IN THE DEFINED CONTRIBUTION RETIREMENT PROGRAM” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 5th of March, 2009, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

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

NAYS: None

(2) Amend Inspection Fees of the Land Development Ordinance

Manager Lovell stated that this ordinance amends the Inspection Fee Ordinance to bring inspection fees for subdivisions in line with site plan reviews.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.2, INSPECTION FEES, OF ARTICLE VII, ADMINISTRATION, ENFORCEMENT AND FEES, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO INCREASE THE INSPECTION FEE ON SITE PLANS” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

B. Second Reading

(1) Ordinance #1-09: Capital Ordinance Appropriating $50,000.00—Municipal Building Improvements Including Courtroom Security

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE IMPROVEMENTS TO THE RANDOLPH TOWNSHIP MUNICIPAL BUILDING INCLUDING UPGRADES TO THE MUNICIPAL COURT SECURITY, APPROPRIATING $50,000.00 FROM CAPITAL FUND BALANCE” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the State of New Jersey has mandated several security enhancements for courtrooms across the state. This ordinance will allow those improvements to be made to bring Randolph’s courtroom into compliance.

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

Judith Stewart, 114 Everdale Road, asked for a specific list of what improvements are being mandated.

Manager Lovell outlined the following proposed improvements:

Chairs are tied together
Emergency escape door going directly to judge’s chambers
Doorways to be changed to be handicapped accessible
Placement of a metal detector in the foyer
Addition of a security gate in the hallway to be used when court is in session
Alarm placed on door at south entrance
Placement of two service windows in main foyer with handicapped accessibility
Possibility of making entire dais bulletproof

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE IMPROVEMENTS TO THE RANDOLPH TOWNSHIP MUNICIPAL BUILDING INCLUDING UPGRADES TO THE MUNICIPAL COURT SECURITY, APPROPRIATING $50,000.00 FROM CAPITAL FUND BALANCE” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

(2) Ordinance #2-09: Amend Land Development Ordinance—Lot Grading Permits and Fee Schedule

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH BY THE ADDITION OF SECTION 15-52, LOT GRADING PERMITS, AND AMENDING AND SUPPLEMENTING APPENDIX A - FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the Planning Board reviewed the proposed ordinance and has recommended additional language be placed in the ordinance to better define what constitutes grading and soil disturbance. The Manager recommended the Council vote down the proposed ordinance. The staff would then draft a new ordinance incorporating the recommendations of the Planning Board and begin the process of introduction and adoption.

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

Judith Stewart, 114 Everdale Road, recommended adopting the proposed ordinance and then go through the process of amending it.

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

Councilman Obremski asked about the time frame from introduction to second reading and adoption of an ordinance.

Manager Lovell responded that the ordinance could be re-drafted for introduction in ten days with adoption in mid-March. The ordinance would take effect in late March.

Councilman Algeier presented other concerns and comments, including:

The size of the property, particularly small properties, that had to present plans for grading or disturbance
Does a small property owner have to pay a $50.00 fee if the decision is made that no further site plan is needed
He would like to hear specific information on complaints from neighboring properties
He would like a sunset clause included in the ordinance to require the Engineering Department to report on how it has benefited the community

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

AYES: Deputy Mayor Alpert

NAYS:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski (expressing reservations that a delay in re-introduction and adoption could present problems for small property owners)
Councilwoman Price
Mayor Metz

Manager Lovell stated that he will provide a copy of the list of complaints compiled over the years to give the Council a better sense of the problem.

(3) Ordinance #3-09: Amend Land Development Ordinance—Identify Structures Permitted in All Yards and On Side and Rear Yards That Are Exempt From Minimum Yard Dimensions

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-41, ACCESSORY BUILDINGS OR STRUCTURES, OF ARTICLE IV, SUPPLEMENTARY ZONING, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO IDENTIFY THE STRUCTURES PERMITTED IN ALL YARDS AND IN SIDE AND REAR YARDS THAT ARE EXEMPT FROM MINIMUM YARD DIMENSIONS” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the Planning Board views this ordinance favorably. The ordinance clarifies which structures are permitted or exempt from minimum setbacks.

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 SECTION 15-41, ACCESSORY BUILDINGS OR STRUCTURES, OF ARTICLE IV, SUPPLEMENTARY ZONING, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO IDENTIFY THE STRUCTURES PERMITTED IN ALL YARDS AND IN SIDE AND REAR YARDS THAT ARE EXEMPT FROM MINIMUM YARD DIMENSIONS” 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
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

(4) Ordinance #4-09: Authorizing the Acquisition of Property From John Thomas Powers—Open Space Acquisition

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF A PORTION OF BLOCK 115, LOT 80, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM JOHN THOMAS POWERS FOR MUNICIPAL PUBLIC PURPOSES” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the acquisition of this property is the last parcel to be purchased for the Mill Brook Valley Park. Money received from a Morris County Open Space Grant and Green Acre dollars will be used to offset the cost of the acquisition.

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 ACQUISITION OF A PORTION OF BLOCK 115, LOT 80, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM JOHN THOMAS POWERS FOR MUNICIPAL PUBLIC PURPOSES” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilman Algeier expressed concern regarding the resolution authorizing the purchase of auto parts under a state contract and suggested the MCCPC also look at other sources for auto parts besides the state contract. It appears that the owners and executives of Advance Auto, the company named on the state contract, are friends of Governor Corzine. Regarding the resolution authorizing a contract for appraisal services, Councilman Algeier recommended Randolph utilize more than one appraisal firm.

Councilman Obremski asked if there was a penalty for the fuel storage tank non-compliance.

Manager Lovell responded that there was a penalty and summarized the events surrounding the remediation of the fuel storage tanks, including:

The Council had authorized the installation of new tanks at the DPW and the removal of tanks behind Town Hall
A contract was awarded to the state vendor for these services
The vendor contacted the DEP regarding questions on permitting
Construction was scheduled to begin
DEP inspectors arrived at the site the day before construction was to begin and found that one of the tanks did not have proper floats, which is in violation of statutes
An initial fine of $10,000.00 was assessed
DEP indicated they would settle for $5,000.00
The Manager contacted the state and, after several discussions, felt he had no alternative but to contact Senator Bucco for assistance
While in the process of arranging a meeting with Senator Bucco, the state contacted the Manager and indicated they would settle the matter for $1,500.00

The Manager expressed frustration that the inspection was done by the state just hours before the onset of an expensive remediation of the fuel tanks.

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

AYES:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert (recused from Item A1)
Mayor Metz

NAYS: None

A. Refunds/Adjustment Resolutions

(1) Refund Overpayment of Taxes for Block 166, Lot 1.01, to Chabad of Randolph—$15,038.62

R-41-09

WHEREAS, Chabad of Randolph has been granted to be a tax exempt property for the tax year 2006 by the Tax Court & Superior Court of New Jersey on Block 166, Lot 1.01, known as 48 W. Hanover Ave.; and

WHEREAS, an overpayment exists as a result of the exemption for the year 2006 in the amount of $15,038.62; 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 $15,038.62 to Chabad of Randolph.

(2) Refund Overpayment of Taxes for Block 73, Lot 65, for 3 Emery Avenue to Emery Avenue Associates—$7,896.84

R-42-09

WHEREAS, Emery Ave. Assoc. has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 73, Lot 65, known as 3 Emery Ave.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $7,896.84; 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 $7,896.84 to Emery Ave. Assoc.

(3) Refund Overpayment of Taxes for block 73, Lot 65, for 3 Emery Avenue to Emery Avenue Associates—$8,170.81

R-43-09

WHEREAS, Emery Ave. Assoc. has been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 73, Lot 65, known as 3 Emery Ave.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $8,170.81; 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 $8,170.81 to Emery Ave. Assoc.

(4) Refund Outside Tax Sale Certificate #1884 for 55 Windsor Avenue to Excellent Future Investment, LLC—$1,294.01

R-44-09

WHEREAS, Outside Tax Sale Certificate #1884 held by Excellent Future Investment LLC, assessed to Federal Home Loan Mtg Corp., Block 77, Lot 24, 55 Windsor Ave.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,294.01.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $1,294.01 to Excellent Future Investment LLC , holder of Tax Sale Certificate #1884.

(5) Refund Outside Tax Sale at 324 Center Grove Road to Lien Times—$35,357.17

R-45-09

WHEREAS, Outside Tax Sale Certificate #1876 held by Lien Times, L.L.C., assessed to Erickson/Carmona, Block 81.06, Lot 16, 324 Center Grove Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $17,257.17, and premium in the amount of $18,100.00.

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 $35,357.17 to Lien Times, L.L.C., holder of Tax Sale Certificate #1876.

(6) Release Road Opening Bond for Installation of Water Service at 26 Shongum Road to Joe Liquore—$500.00

R-46-09

WHEREAS, the Engineering Department has received a request from Joe Liquore for the release of a $500.00 cash road opening bond posted for the installation of a water service; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on November 13, 2008; and

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

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Joe Liquore, 26 Shongum Road, Randolph, NJ 07869

(7) Release Road Opening Cash Bond for Installation of Driveway to Pave King, Inc.—$500.00

R-47-09

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

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 15, 2008; and

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

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

(8) Authorizing Tax Collector to Credit Account for J. Sefcik at Block 45, Lot 3, Due to Veteran’s Exemption

R-48-09

WHEREAS, Block 45, Lot 3, is assessed to Janice Sefcik at 38 Morris Turnpike in the 2008 Tax List for a total of $201,000.00; and

WHEREAS, the property owner is a widow of a veteran, resulting in a veteran’s exemption of $250.00 for 2008; and

WHEREAS, the property deduction was removed in error and corrected in 2009, resulting in an over bill of $250.00 for 2008.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 45, Lot 3, in the amount of $250.00 to adjust for the veteran’s exemption.

(9) Release Escrow Funds for 8 Frank Place to Mark Eschelbacher—$743.50

R-49-09

WHEREAS, the Planning and Zoning Department received escrow funds from Mark Eschelbacher for Block 201, Lot 25, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $743.50 be refunded to Mark Eschelbacher, 8 Frank Place, Randolph, NJ 07869.

(10) Release Escrow Funds for 6 Alcor Road to Lydia Everitt—$743.50

R-50-09

WHEREAS, the Planning and Zoning Department received escrow funds from Lydia Everitt for Block 26, Lot 9, in the amount of $1,000.00; and

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

(11) Release Escrow Funds for Block 223, Lot 6, to William Clark—$784.00

R-51-09

WHEREAS, the Planning and Zoning Department received escrow funds from William Clark for Block 223, Lot 6, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $784.00 be refunded to William Clark, 17 Bonnell Lane, Randolph, NJ 07869.

(12) Release Escrow Funds for 1 Hillcrest Drive to William Dunne—$770.50

R-52-09

WHEREAS, the Planning and Zoning Department received escrow funds from William Dunne for Block 205, Lot 1, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $770.50 be refunded to William Dunne, 1 Hillcrest Drive, Randolph, NJ 07869.

(13) Release Escrow Funds for Block 142, Lot 15, Stanley Hurst—$770.50

R-53-09

WHEREAS, the Planning and Zoning Department received escrow funds from Stanley Hurst for Block 142, Lot 15, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $770.50 be refunded to Stanly Hurst, 15 Mountainside Dr., Randolph, NJ.

(14) Release Escrow Funds for Block 83, Lot 15, Mark Roskam—$784.00

R-54-09

WHEREAS, the Planning and Zoning Department received escrow funds from Mark Roskam for Block 83, Lot 15, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $784.00 be refunded to Mark Roskam, 16 Longview Ave., Randolph, NJ 07869.

(15) Release Escrow Funds for Block 137, Lot 11.01, Ben Horten—$325.00

R-55-09

WHEREAS, the Planning and Zoning Department received escrow funds from Ben Horten for Block 137, Lot 11.01, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $325.00 be refunded to Ben Horten, 312 Route 10, Randolph, NJ 07869.

B. Authorizing Rescission of a Portion of MCCPC Contract 20 (Sporting Goods) From Metuchen Center Due to Inability to Provide Items 13 and 14

R-56-09

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, entered into a contract on December 18, 2008, with Metuchen Center, Inc. for numerous items under MCCPC Contract #20-A (Sporting Goods) within contract period January 1, 2009 - December 31, 2009; and

WHEREAS, Metuchen Center has notified the MCCPC that they are unable to provide a portion of the contract for Items #13a and b, #14a and b of Category G (Sports Clothing) and requesting the rescission of these items due to their expectations that the larger quantity in the bid proposal was going to be purchased at one time at the “low” bid price rather than orders of smaller quantities by the MCCPC membership; and

WHEREAS, under these circumstances, it is in the MCCPC’s interest to rescind this portion of Metuchen Center’s initial contract award.

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 Metuchen Center’s initial contract award for Items #13a and b, #14a and b in Category G (Sports Clothing) of Contract #20-A (Sporting Goods) be rescinded as noted.

C. Authorizing Award to Pinnacle Wireless for Item 12 of the MCCPC Contract 41 (Purchase of Communications Equipment)

R-57-09

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council (MCCPC), authorizes an award of a portion of Contract #41 (Purchase of Communications Equipment) for line item #12 (Orbacom) in Category E (Radio Base-Station Control Equipment) of Contract #41 (Purchase of Communications Equipment); and

WHEREAS, the bid was advertised and received on October 23, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, Pinnacle Wireless was the only bidder for line item #12 (Orbacom) in Category E (Radio Base-Station Control Equipment) of Contract #41 (Purchase of Communications Equipment) where the manufacturer (Orbacom) has since been acquired by another manufacturer with the name change of (Positron); and

WHEREAS, it is the MCCPC’s interest to award line item #12 to Pinnacle Wireless for the new manufacturer (Positron) which replaces the Orbacom brand.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that line item #12 (Orbacom) which is now (Positron) due to the manufacturer acquisition in Category E (Radio Base-Station Control Equipment) of MCCPC Contract #41 (Purchase of Communications Equipment) be awarded to Pinnacle Wireless for the 2009 contract period.

D. Approve Change Order: Quaker Church Road Sidewalks for Additional Sidewalks—$11.600—Diamond Construction

R-58-09

WHEREAS, the Mayor and Council of the Township of Randolph awarded a contract to Diamond Construction for the construction of 900 square yards of concrete sidewalk on Quaker Church Road at a contract price of $63,900.00; and

WHEREAS, The Township of Randolph requested the construction of an additional 228 square yards of sidewalk from the intersection of Quaker Church Road extending north on Center Grove Road at an additional cost of $11,660.00; and

WHEREAS, the Township of Randolph has received an $80,000.00 grant from the Morris County Community Development Program, that will reimburse the Township for the total project cost of $75,560.00.

CERTIFICATION OF AVAILABILTY OF FUNDS

Dated: February 5, 2009

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 Grant Fund - Reserve Community Development Block Grant - Quaker Church Sidewalk Improvements, to amend the contract with Diamond Construction in the amount not to exceed $11,660.00.

________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Auto Parks to be Purchased from the State Contract M0065 the US Communities Government Purchasing Alliance—Not to Exceed $26,000.00

R-59-09

WHEREAS, the Township of Randolph will utilize New Jersey State Contract #M0065 under the US Communities Government Purchasing Alliance for Automotive Parts from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $26,000.00.

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 #M0065 using various vendors as needed for all departments in the Township.

F. Authorizing Purchases From NJ State Contract M0483 From WSCA Computer Contract—$85,000.00

R-60-09

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #M0483 for WSCA Computer Contract from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $85,000.00.

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 #M0483 using various vendors as needed for all departments in the Township.

G. Authorizing Purchases From MCCPC Contract 1 for Motor Gasoline From Allied Oil Company—$160,000.00

R-61-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #1 Motor Gasoline from Allied Oil Company as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $160,000.00.

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 #1 as needed for all departments in the Township.

H. Authorizing Purchases From MCCPC Contract 3 for Rock Salt and Liquid Calcium Chloride From Various Vendors—$225,000.00

R-62-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #3, Rock Salt and Liquid Calcium Chloride, from various vendors as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $225,000.00.

I. Authorizing Purchases From MCCPC Contract 12 for Diesel Fuel From Vendor as Needed—$350,000.00

R-63-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #12 Diesel Fuel from vendor as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $350,000.00; and

J. Authorizing Purchases From MCCPC Contract 14 for Catch Basins and Manhole Castings From Various Vendors—$50,000.00

R-64-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #14 Catch Basins and Manhole Castings from various vendors as needed for the Department of Public Works; and

WHEREAS, these purchases will not exceed $50,000.00; and

K. Authorizing Purchases From MCCPC Contract 16 (Office Supplies) From Vendor as Needed—$50,000.00

R-65-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #16 Office Supplies from vendor as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $50,000.00; and

L. Authorizing Purchases From MCCPC Contract 20A and 20B Sporting Goods and Equipment as Needed—$140,000.00

R-66-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #20A and #20B Sporting Goods and Equipment from various vendors as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $140,000.00; and

M. Authorizing Purchases From MCCPC Contract 42 for Landscaping Materials as Needed—$32,000.00

R-67-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #42 Landscaping Materials from various vendors as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $32,000.00.

N. Authorizing Purchases From MCCPC Contract 47 for Water Meters/Data Recorders and Radio Frequency Meter Interface Units From Various Vendors—$60,000.00

R-68-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #47 Water Meters/Data Recorders & Radio Frequency Meter Interface Units from various vendors as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $60,000.00; and

O. Authorizing Purchases From NJ State Contract T0123 for Automotive Tires Using Various Vendors as Needed—$33,000.00

R-69-09

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0123 for Automotive Tires from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $33,000.00.

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 #T0123 using various vendors as needed for all departments in the Township.

P. Authorizing Purchases From NJ State Contract T216A for Wireless Devices and Services From Sprint/Nextel From Various Vendors—$35,000.00

R-70-09

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T216A for Wireless Devices & Services from Sprint/Nextel; and

WHEREAS, these purchases are made for monthly services and equipment on an as-needed basis; and

WHEREAS, these purchases will not exceed $35,000.00.

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 #T216A using various vendors as needed for all departments in the Township.

Q. Authorizing Purchases From NJ State Contract T2085 for Automotive Parts for Heavy Duty Trucks and Buses Over 11,500 Pounds From Various Vendors—$50,000.00

R-71-09

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T2085 for Automotive Parts for Heavy Duty Trucks and Buses over 11,500 lbs. from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $50,000.00.

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 #T2085 using various vendors as needed for all departments in the Township.

R. Authorizing Award of a Professional Services Agreement to Michael V. Cresitello, Jr., for the Purpose of Providing Services as Township Prosecutor—Not to Exceed $26,500.00, Plus Special Sessions at $500.00 Per Session Plus $135.00 Per Hour for Sessions in Excess of Four Hours Not to Exceed $4,000.00

R-72-09

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 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, 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, 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.

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 Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., 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 AVAILABILTY OF FUNDS

Dated: February 5, 2009

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 2009 Budget, Municipal Prosecutor, to award a contract with Michael V. Cresitello, Jr., of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, in the amount not to exceed $29,600.00.

________________________
Michael J. Soccio
Chief Financial Officer

S. Authorizing Award of a Professional Services Agreement to Richard P. DeAngelis, Jr., for the Purpose of Providing Special Counsel for Tax Appeal Litigation—Not to Exceed $27,000.00 Plus $600.00 Per Day For Trials

R-73-09

WHEREAS, the Township of Randolph has a need to acquire Richard P. DeAngelis, Jr., of McKirdy & Riskin, 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 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, Richard P. DeAngelis, Jr., of McKirdy & Riskin, PA, has indicated they will provide the Special Counsel for Real Property Tax Appeal Litigation for an amount not to exceed $27,000.00 plus $600.00 per day for trials; and

WHEREAS, Richard P. DeAngelis, Jr., of McKirdy & Riskin, PA, has completed and submitted a Business Entity Disclosure Certification which certifies that Richard P. DeAngelis, Jr., of McKirdy & Riskin, 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 Richard P. DeAngelis, Jr., of McKirdy & Riskin, PA, 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 Richard P. DeAngelis, Jr., of McKirdy & Riskin, PA, 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 AVAILABILTY OF FUNDS

Dated: February 5, 2009

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 2009 Budget, Legal, Other Expense, to award a contract to Richard P. DeAngelis, Jr., of McKirdy & Riskin, PA, as Special Counsel for Real Property Tax Appeal Litigation in the amount not to exceed $27,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

T. Authorizing Award of a Professional Services Agreement to Appraisal Consultants Corp. for the Purpose of Providing Professional Appraisal Services in Defense of Tax Appeals—Not to Exceed $28,000.00

R-74-09

WHEREAS, the Township of Randolph has a need to acquire Appraisal Consultants Corp., 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, Appraisal Consultants Corp., has indicated they will provide the Professional Appraisal Services in defense of tax appeals for an amount not to exceed $28,000.00; and

WHEREAS, Appraisal Consultants Corp., has completed and submitted a Business Entity Disclosure Certification which certifies that Appraisal Consultants Corp. 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 Appraisal Consultants Corp. 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 AVAILABILTY OF FUNDS

Dated: February 5, 2009

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 2009 Budget, Tax Assessor, Other Expense, to award a contract to Appraisal Consultants Corp. to provide Professional Appraisal Services in Defense of Tax Appeals in the amount not to exceed $28,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

U. Authorize NJDEP Underground Storage Tank Non-Compliance Settlement for 2008

R-75-09

WHEREAS, Randolph Township owns and operates a fuel system (facility) located at 1354 Sussex Turnpike, Randolph; and

WHEREAS, on September 16, 2008, representatives of the NJ DEP inspected the site to determine compliance with the Underground Storage of Hazardous Substances Act; and

WHEREAS, representatives of Randolph Township respectfully disagreed and challenged the findings due to at the time of the inspection, the fuel system was being upgraded; and

WHEREAS, the New Jersey Department of Environmental Protection has prepared a Settlement Agreement in order to resolve penalty liability accrued by Randolph Township for violations of the New Jersey Underground Storage of Hazardous Substances Act.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that Mayor Edward A. Metz be authorized to sign the aforementioned agreement.

V. Authorizing Mayor to Sign Animal Control Services Agreement

R-76-09

WHEREAS, the Town of Dover wishes to obtain Animal Control Services from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2009.

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.

CDBG—PUBLIC HEARING FOR 40 SCHOOLHOUSE ROAD

Manager Lovell stated that the property at 40 Schoolhouse Road is applying for a grant under the Community Development Block Grant Program and that Randolph is required to present it publicly for hearing.

The meeting was opened for public hearing.

Judith Stewart, 114 Everdale Road, asked if the organization applying for the grant is a non-profit organization.

Manager Lovell responded that it is a non-profit organization.

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

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

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

NAYS: None

DISCUSSION ITEM

(1) Economic Impact Study/Highlands Conformance

This item was covered by Councilman Algeier during the Council and Manager Report period at the beginning of the meeting.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello asked that a Personnel item be placed on Executive Session.

Councilman Obremski nominated Jeffrey Gibbs as a member of the Open Space Committee and Frank Echinique to the Traffic Advisory Committee to fill unexpired terms. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Manager Lovell stated that he will be ready to begin discussions on the budget at the February 21 meeting. From the initial information provided by Mr. Soccio, it appears that Randolph may not be in as difficult a position as originally thought. The Manager will present the budget information at the February 21 meeting.

Mayor Metz commented that the financing rate is currently below one percent and that it may be an opportune time to consider borrowing money if Randolph is in a bind.

Manager Lovell responded that Randolph does not seem to be in a bind this year because the Council has acted wisely in the past.

EXECUTIVE SESSION

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

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

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

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

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

a. Personnel

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

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

Councilman Napoliello made a motion to move into Executive Session at 9:30 p.m. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Obremski

Councilman Obremski made a motion to move out of Executive Session at 9:40 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

The Mayor adjourned the meeting at 9:40 p.m.

_________________________________
Donna Marie Luciani
Township Clerk

E X E C U T I V E S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Mayor Metz.

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

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

Personnel

The Council asked Manager Lovell to conduct a review of Township Clerk Donna Luciani.

_________________________
Donna Marie Luciani
Township Clerk