502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: July 2, 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 (arrived 8:20 p.m.)
Councilman Napoliello
Councilman Obremski
Councilwoman Price (arrived 8:10 p.m.)
Deputy Mayor Alpert
Mayor Metz

ABSENT: Councilwoman Mitsch

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

Mayor Metz led the Pledge of Allegiance.

PRESENTATION: 2008 Municipal Audit—William Schroeder

Mr. Schroeder reported that, as has been the case for the last 20 years that he has been involved in Randolph’s audit, Randolph received a very positive report and is in excellent financial condition. His comments included:

  • Only comment is for fixed assets, which has been placed in the budget for 2009
  • Internal structure is strong, functioning adequately
  • Most positive report a town can get

OPEN TO PUBLIC

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

DISCUSSION ITEMS

(1) Highlands Council—Water Use and Conservation Management Plans

Manager Lovell reported that the Highlands Council is going to undertake a study dealing with water conservation and has asked for towns to volunteer to be a part of that study process. The Highlands claims that there will be no financial liability to the town. Randolph would have to designate one lead liaison to the Highlands Council and they would reimburse us for that individual’s hours up to $5,000.00. The Manager noted his concern that the Highlands should be studying older urban areas that show higher water loss than areas like Randolph. Also, the Manager would not want to be involved in this study should the Council ultimately decide to not opt in to the Highlands. Conversely, Randolph could gain information that could be beneficial at some point in the future. The Manager asked the Council for guidance on how to proceed with this issue.

After discussion, the Council ultimately decided to not participate in the Highlands study.

(2) Indoor Sports Pavilion—Return of Application Fee

Mayor Metz recused himself from the discussion.

Manager Lovell referred to Council Letter 17-09, a letter from Jeff Walder, owner of the Indoor Sports Pavilion, and an internal memorandum from Darren Carney. The Manager provided a summary of events, including:

  • Mr. Walder came to Town Hall with an application to expand his facility by 23,000 square feet
  • He has since withdrawn his application and is seeking a return of his application fee
  • The current ordinance allows for a refund of 50 percent of the application fee
  • Application fees are based on the size of the proposed project
  • Mr. Walder posted escrow with the town to cover the cost of consultants and professionals
  • The application fee covers costs for internal staff reviews and internal staff work on the application
  • Mr. Walder’s application was withdrawn following an internal Technical Review Committee meeting and subsequent comments by that committee

Mr. Walder provided comments, including the following:

  • Before an application is finally approved by the Zoning Board of Adjustment, it must first be reviewed by the Technical Review Committee
  • Before the application is reviewed by the Technical Review Committee, the applicant must pay fees up front which includes the application fee, the escrow, and a modest additional fee in his case
  • His fees totaled approximately $26,000.00, including $9,500.00 in escrow fees
  • His application was time sensitive due to the nature of his business where summer would have been the optimal time to build
  • Mr. Carney explained to Mr. Walder that if he were to pull his application, he would have the opportunity for a refund, however Mr. Walder didn’t realize that it was for only 50 percent of his application fees
  • The Technical Review Committee reviewed his application and came back with some rather significant comments making it unlikely to be able to complete the project in the time frame necessary
  • Mr. Walder decided to put the project on hold for possible resubmission in November where there would be time to implement the Technical Review Committee’s suggestions
  • Mr. Walder has no problem with the escrow fees charged as a way to charge against real costs
  • His application wasn’t in the pipeline for very long and doesn’t sense that the town had to do that much to warrant holding 50 percent of the fee for work done on the application
  • Mr. Walder feels that charges to someone drawing an application should be reflective of real costs and any balance of that application should be returned to the applicant after an accounting of the township’s expenses
  • It is Mr. Walder’s understanding that the ordinance calling for a return of 50 percent of the application fee was adopted before the implementation of escrow fees, which would then make more sense to him to hold more money, however now escrow fees are charged making the application fee less vital

Councilman Napoliello indicated that this matter should have been heard at the Council meeting in June, however they did not have a quorum when two members recused themselves. The Councilman thanked Mr. Walder for his patience in getting his case heard.

Manager Lovell noted that the Township can not charge their costs to the escrow. The application fee is there to cover staff costs. The Manager noted that most of the staff costs are incurred at the beginning of an application process to be sure the application is complete and in researching the property. The Manager is proposing an ordinance that would provide the staff with the latitude to refund up to 90 percent of an application fee. Council would receive a recommendation for refunds.

Mr. Buzak reiterated that the application fee covers more than personnel. There are costs built in that cover overhead so that the general taxpayer is not bearing the costs for an applicant to submit an application.

The Manager recommended the Council introduce the proposed ordinance dealing with a 90 percent application fee refund later in the meeting.

COUNCIL AND MANAGER REPORTS

Councilwoman Price stated that the Freedom Festival begins tonight and the parade will be held on Friday at 12:00 noon. Council members are asked to be at the Mt. Fern Methodist Church at 10:30 for interviews with Cablevision.

Mayor Metz reported that he, Councilman Napoliello, Councilman Algeier, and Manager Lovell attended the County Freeholders meeting regarding the Roxbury railroad line. Roxbury had some minor concerns that the County addressed and it appears the project will move forward. The Mayor noted that Mr. Walder participated in Senior Career Day for the high school students and the Indoor Sports Pavilion received positive feedback from the school.

Manager Lovell reported that he has placed the open space referendum question that had been prepared in 2008 into their folders for review and comment. The issue will be discussed at the August meeting and he would like the Council to make a determination that evening whether or not they plan to move forward with a referendum question for the November ballot.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #17-09—Storm Water Ordinance Amendment

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-95.3, APPLICABILITY, OF ARTICLE VIII, STORMWATER CONTROL ORDINANCE, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that this ordinance was recommended by the Engineering staff and has received Planning Board approval. It will broaden the interpretation of stormwater review to include applications other than site plans provided by the private sector. Previously several entities have been exempt from this process and will now be captured.

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 15-95.3, APPLICABILITY, OF ARTICLE VIII, STORMWATER CONTROL ORDINANCE, OF THE LAND DEVELOPMENT ORDINANCE 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.

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

AYES:
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS:
Councilman Algeier
Councilman Napoliello

ABSENT: Councilwoman Mitsch

B. Introduction

(1) Amending Fee Schedule to Increase Sewer Connection Fees

Manager Lovell stated that the Township is required to review its sewer fees. Fees are calculated based on a formula that was created state-wide for sewer connection fees. This ordinance will raise the sewer connection fee from $7,700.00 to $7,950.00.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A—FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO INCREASE THE SEWER CONNECTION FEE” 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 6th of August, 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 Obremski made a motion to introduce 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 Alpert
Mayor Metz

NAYS: None

ABSENT: Councilwoman Mitsch

(2) Amending Article IX, Fertilizers, of Chapter 24—Health and Sanitation

Manager Lovell noted that the Township adopted an ordinance several years ago that required landscapers licensed by the Health Department to limit the application of fertilizers heavy in phosphorus. New Jersey has indicated that towns must now regulate homeowners in the application of fertilizers. Randolph is a licensed stormwater community and that licensing requires the adoption of this ordinance. It is the Manager’s opinion that if the state wanted a low-phosphorus fertilizer law state-wide they should have created their own law instead of making individual towns responsible for it. He will use public information programs, the web site, and the newsletter to get the information to the residents.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ARTICLE IX, FERTILIZERS, OF CHAPTER 24, HEALTH AND SANITATION, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” 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 6th of August, 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 Algeier asked if this was the ordinance that had to be in place by September 1 or the town would risk a fine.

Manager Lovell responded that it is.

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

AYES:
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS:
Councilman Algeier
Councilman Napoliello

ABSENT: Councilwoman Mitsch

Councilman Algeier noted that he is not against environmental protection but rather his vote reflects his opposition to the state’s heavy-handed conduct towards the municipalities.

Councilman Napoliello noted that his vote reflected his belief that the state should have made a law instead of forcing municipalities to do so.

(3) Amending Land Development Chapter—Return of Application Fees for Withdrawal Applications

Manager Lovell noted that this ordinance comes from concerns that arose from the request for the return of an application fee. The current ordinance restricts a refund to a maximum of 50 percent. The Manager is recommending that the staff be provided the flexibility to refund up to 90 percent of the application fee. The Manager noted for the record that Mr. Walder suggested it should not be limited to 90 percent but based upon actual expenditures. The Manager does plan to provide an accounting for monies spent on projects so that the Council can see that information at the time of the refund. Manager Lovell noted that if the Council wished to amend the document in any way they should do it at this time for advertising purposes.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.11, REFUND OF FEES, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” 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 6th of August, 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 Algeier asked if this ordinance would impact Mr. Walder.

Mr. Buzak responded that this ordinance will affect Mr. Walder’s refund. It is the Township Attorney’s opinion that those Council members who had a conflict with regard to the particular applicant are not conflicted out from voting on the ordinance because the ordinance is a general ordinance and will cover all applications. Once his application comes to the Council for consideration of a refund, those Council members can recuse themselves at that time.

Mayor Metz noted that he believes it will be a good idea to start to track internal costs if Randolph moves forward in shared services with Roxbury and Mendham.

Council indicated their approval for refunds up to the 90 percent level.

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

(4) Amending Chapter 31—Traffic and Vehicles—Addition of Stop Sign at Mohawk Place and Cushing Court

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-52 OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF AN INTERSECTION TO BE DESIGNATED AS A STOP INTERSECTION” 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 6th of August, 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 Algeier noted that he read an article that stated the Township Engineer must certify that the traffic sign complies with statutes governing the placement of such signs. While he believes this ordinance should be introduced tonight, before adoption he would like the Engineer to review the issue and offer his opinion. Should the placement of the sign not comply with the statutes, the Councilman suggested a cross-walk may alleviate safety issues at that intersection.

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

COMBINED ACTION ITEMS

Manager Lovell highlighted several items, including:

  • He appreciated the comments of Mr. Schroeder regarding the town’s audit and noted those comments reflect the excellent job Michael Soccio does on behalf of the town
  • The Manager complimented Mr. Buzak for his work on the Memorandum of Understanding with Habitat for Humanity and noted that they will be signing the revised MOU this evening
  • The Manager thanked Councilman Algeier for his comments and suggestions for the MOU with Habitat for Humanity and noted that several were worked into the final draft
  • The Mayor will be asked to sign a release for the Combes Fill South Landfill litigation and there is no fiscal liability to the township
  • Randolph will once again be providing health services and animal control to Rockaway Borough
  • Randolph will be entering into an inter-local government services agreement with the Board of Education for computer network support services

Mr. Buzak stated that the resolution regarding the Combes Fill South Landfill needs to be revised slightly and asked that it be pulled from the consent agenda and adopted separately. It should be adopted with the notation that the Council authorizes any revisions as determined by the Township Attorney and the Township Manager.

Deputy Mayor Alpert noted the information pertaining to the resolution for military leave was not accessible for review.

Manager Lovell responded that he will pull that item and put it on August’s agenda.

Mayor Metz referred to the computer network support agreement with the Board of Education and asked if they should be used on an as-needed basis rather than every other week. He suggested time be tracked so as to have a better idea for next year’s agreement.

Assistant Manager Giaimis responded that he believes the nature of the network services requires maintenance every other week. The agreement is formal, however the relationship is informal and if someone is not needed for maintenance at a particular time, he feels he can make changes as necessary.

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

A. Refund/Adjustment Resolutions

(1) Refund Overpayment of 2009 Taxes for 7 Butternut Road to Matthew and Julie Green—$2,925.64

R-204-09

WHEREAS, Matthew and Julie Green have overpaid 2009 taxes in the amount of $2,925.64 on Block 207, Lot 4, 7 Butternut Road; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,925.64 to Matthew and Julie Green.

(2) Refund Overpayment of 2009 Taxes for 154 Park Avenue to Wells Fargo Home Mortgage—$1,676.90

R-205-09

WHEREAS, Wells Fargo Home Mortgage has overpaid 2009 taxes in the amount of 1,676.90 on Block 27, Lot 85, known as 154 Park Avenue, assessed to Miller/Violio; 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 $1,676.90 to Wells Fargo Home Mortgage.

(3) Refund Overpayment of 2009 Taxes for 6 Red Oak Lane to Alternative Abstract, LLC—$6,871.12

R-206-09

WHEREAS, Alternative Abstract, LLC, has overpaid 2009 taxes in the amount of $6,871.12 on Block 199, Lot 46.11, known as 6 Red Oak Lane, assessed to Yiming Zhang and Yuan Zeng; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $6,871.12 to Alternative Abstract, LLC.

(4) Release Cash Performance Guarantee for Sewer Improvements at Sunrise Assisted Living to Sunrise Development—$9,213.60

R-207-09

WHEREAS, the Engineering Department has received a request from Sunrise Assisted Living for the release of the cash performance guarantee posted for the sanitary sewer improvements constructed in conjunction with the Sunrise Assisted Living located on Block 73, Lot 16; and

WHEREAS, the performance guarantee consisted of a cash bond in the required amount of $82,922.40 which was received and deposited with the Finance Department in December 2004.

WHEREAS, the developer was required to post a cash performance guarantee in the amount of $9,213.60; and

WHEREAS, the Engineering Department has inspected and found that the sanitary sewer improvements have been satisfactorily 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 Ralph Carchia, Engineering Administrator, that the cash performance guarantee in the amount of $9,213.60 plus accrued interest be refunded to Sunrise Development, Inc., 771 East Lancaster Street, Villanova, Pennsylvania 19055.

(5) Release Cash Performance Guarantee for On-Site Water System Improvements at Sunrise Assisted Living to Sunrise Development—$16,988.40

R-208-09

WHEREAS, the Engineering Department has received a request from Sunrise Assisted Living for the release of the cash performance guarantee posted for the on-site water system improvements constructed in conjunction with the Sunrise Assisted Living located on Block 73, Lot 16; and

WHEREAS, the performance guarantee consisted of a cash bond in the required amount of $152,895.60 which was received and deposited with the Finance Department in December 2004.

WHEREAS, the developer was required to post a cash performance guarantee in the amount of $16,988.40; and

WHEREAS, the Engineering Department has inspected and found that the on-site water system improvements have been satisfactorily 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 Ralph Carchia, Engineering Administrator, that the cash performance guarantee in the amount of $16,988.40 plus accrued interest be refunded to Sunrise Development, Inc., 771 East Lancaster Street, Villanova, Pennsylvania 19055.

(6) Release Performance Bond for Public Improvements at Heritage Village XIV—$90,626.60 Plus Accrued Interest

R-209-09

WHEREAS, the Engineering Department has received a request from SJC Builders for the release of a performance bond posted for the public improvements at Heritage Village XIV; and

WHEREAS, the performance guarantee consisted of a check in the amount of $181,483.50, which was received and deposited with the Finance Department on February 7, 2001, and reduced to $111,662.10; and

WHEREAS, the maintenance guarantee consisting of $21,035.44 was retained; and

WHEREAS, the applicant was required to post this performance guarantee for public improvements; and

WHEREAS, the Engineering Department has inspected the public improvements.

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 Ralph Carchia, Engineering Administrator, that the performance guarantee in the amount of $111,662.00 plus accrued interest less the $21,035.44 be refunded to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

(7) Release of Performance Bond for Improvements on Richter Street to Gordon Crawford—$22,500.00

R-210-09

WHEREAS, the Engineering Department has received a request from Gordon Crawford for the release of a $22,500.00 performance bond posted for roadway improvements on Richter Street; and

WHEREAS, the performance bond consisted of a $22,500.00 cash bond which was received and deposited with the Finance Department on April 1, 2008; and

WHEREAS, the applicant was required to post this cash bond for road improvements on Richter Street within the Township; and

WHEREAS, the subdivision was sold and the new developer has posted a new performance bond.

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 performance bond in the amount of $22,500.00 be refunded to Gordon Crawford, 76 Skyline Drive, Morristown, NJ 07960.

(8) Release of Road Opening Cash Bond for Two Curb Cuts and Pavement Repair to Grant Homes—$500.00

R-211-09

WHEREAS, the Engineering Department has received a request from Grant Homes for the release of a $500.00 cash road opening bond posted for two curb cuts and pavement repair; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 29, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the curb cuts and pavement repair 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Grant Homes, 7 Buddy Lane, Morristown, NJ 07960.

(9) Release Road Opening Cash Bond for Tree Planting at 6 Nina Place to Tom Szyiotko—$300.00

R-212-09

WHEREAS, the Engineering Department has received a request from Tom Szypiotko for the release of a $300.00 cash road opening bond posted for tree planting; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on April 25, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the tree planting 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Tom Szypiotko, 6 Nina Place, Randolph, NJ 07869.

(10) Release Remaining Escrow Funds for Block 221, Lot 58, to Anthony Albanese—$770.50

R-213-09

WHEREAS, the Planning and Zoning Department received escrow funds from Anthony Albanese, Block 221, Lot 58; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds for following amount be refunded: #294802, Anthony Albanese, $770.50

(11) Refund Outside Tax Sale Certificate #1856 for 1421 Sussex Turnpike to Pellegrino/Dickman

R-214-09

WHEREAS, Outside Tax Sale Certificate #1856 held by Home Equity Savers, LLC, assessed to Pellegrino/Dickman, Block 46, Lot 4, 1421 Sussex Turnpike; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $19,167.33 and premium in the amount of $1,500.00.

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 $20,667.33 to Home Equity Savers, LLC, holder of Tax Sale Certificate #1856.

(12) Refund 2009 Fall Artworks Program Registration for Two Children to Rachel DiFusco—$360.00

R-215-09

WHEREAS, Rachel DiFusco registered her children for the 2009 Fall Artworks Program and paid the fee of $360.00; and

WHEREAS, the children (Madeline and Sophia) will not be attending the program due to the parent signing up her two children incorrectly online.

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 $360.00 be refunded to Rachel DiFusco, 18 Quail Run, Randolph, NJ 07869.

(13) Refund 2009 Advanced Performers Workshop Due to Class Being Cancelled to Kelly Steindler—$525.00

R-216-09

WHEREAS, Kelly Steindler registered her child for the 2009 Advanced Performers Workshop and paid the fee of $525.00; and

WHEREAS, the child will not be attending the program due to the class being cancelled.

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 $525.00 be refunded to Kelly Steindler, 19 Olde York Road, Randolph, NJ 07869.

(14) Release of Road Opening Cash Bond for a Water Service Connection to DSK Properties, Stanley Kleinschmidt—$300.00

R-217-09

WHEREAS, the Engineering Department has received a request from Stanley Kleinschmidt for the release of a $300.00 cash road opening bond posted for a water service connection; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on November 1, 2007; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to DSK Properties, c/o Stanley Kleinschmidt, 22 Oakwood Avenue, Mine Hill, NJ 07803.

(15) Release of Performance Bond for Crosswalk and Signals at Heritage USA—SJC—$6,000.00

R-218-09

WHEREAS, the Engineering Department has received a request from SJC Builders for the release of performance bond posted for the crosswalk and signals at Heritage USA; and

WHEREAS, the performance guarantee consisted of a check in the amount of $6,000.00, which was received and deposited with the Finance Department on March 19, 2009; and

WHEREAS, the applicant was required to post this performance guarantee for the installation of a crosswalk and signals; and

WHEREAS, the Engineering Department has inspected crosswalk and signals and found them to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the performance guarantee in the amount of $6,000.00 plus accrued interest be released to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

B. Accepting 2008 Municipal Audit

R-219-09

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts, and financial transactions; and

WHEREAS, the Annual Report of Audit for the year 2008 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6 and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

C. Authorizing Shared Services Agreement with Roxbury Township for Purchase and Use of Water Meter Reading Equipment

R-220-09

WHEREAS, Randolph Township and Roxbury Township wish to enter into an agreement for the shared purchase and use of water meter reading equipment; and

WHEREAS, both parties agree to all the terms and conditions of said agreement.

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

D. Authorizing Addition to Personnel Manual/Employee Handbook—Military Leave

Acted upon separately.

E. Authorizing Resolution and MOU With Morris Habitat for Humanity and Approving Eventual Transfer of 42 Bennett Avenue for the Development of Affordable Housing in Accordance With Same

R-221-09

WHEREAS, Morris Habitat for Humanity (“Habitat”) is a not-for-profit corporation of the State of New Jersey which provides community based programs to assist very low, low, and/or moderate income persons with home ownership; and

WHEREAS, Habitat is duly qualified pursuant to N.J.S.A. 52:27D-325 and N.J.S.A. 40A:12-21(j) to accept donations of municipal property for the purposes of constructing housing for very low, low, and/or moderate income persons; and

WHEREAS, the Township heretofore applied for substantive certification to the Council on Affordable Housing (“COAH”) for the Township’s second round plan to meet its obligation of providing its Fair Share of Housing for low and moderate income persons pursuant to the Fair Housing Act and Administrative Regulation adopted pursuant thereof; and

WHEREAS, the Township has applied for third round substantive certification from COAH; and

WHEREAS, Habitat is an organization which constructs and sells the type of housing which satisfy certain COAH obligations; and

WHEREAS, the Township is currently the owner of certain property, commonly known as the E.A. Porter Property, formally identified as Block 195, Lot 10, on the Official Tax Map of the Township, commonly known as 42 Bennett Avenue (the “Property”) which is available for development for housing purposes in partial satisfaction of the Township’s COAH obligation; and

WHEREAS, the Township is desirous of donating said property to Habitat for purposes of partially satisfying the Township’s COAH obligations; and

WHEREAS, N.J.S.A. 52:27D-311(a)(5) provides for the donation of municipally owned land for purposes of providing low and moderate income housing as a compliance mechanism available to a municipality to satisfy its obligation; and

WHEREAS, Habitat is desirous of accepting a donation of said Township owned property for the purpose of constructing approximately twenty-five (25) for sale units for twenty-five (25) households that qualify as very low, low, and/or moderate income families as set forth hereinafter (“Affordable Housing Units”) in accordance with the provisions of the New Jersey Fair Housing Act as administered by COAH (“Project”); and

WHEREAS, the Township desires to contribute additional funds from its Affordable Housing Trust Fund to assist in the development of the Project as set forth herein; and

WHEREAS, the Township and Habitat have negotiated a Memorandum of Understanding, dated July 2, 2009, to accomplish these objectives, which Memorandum of Understanding further sets forth the principal terms and conditions of a Contract of Conveyance and Development of the Property; and

WHEREAS, the Township desires to authorize the execution of said Memorandum of Understanding with Habitat.

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

1. The terms and conditions of a certain Memorandum of Understanding, dated July 2, 2009, by and between the Township of Randolph and Morris Habitat for Humanity, be and the same are hereby approved, ratified, and confirmed by the Township.

2. The Mayor and Township Clerk are hereby authorized and directed to execute said Memorandum of Understanding subsequent to the execution thereof by Morris Habitat for Humanity and said officers, along with all other officers, professionals, and employees of the Township are hereby authorized and directed to take any and all actions necessary to effectuate the purpose of this resolution.

3. This resolution shall take effect immediately.

F. Contract With Morris County MUA to Accept Co-Mingled Recycling

R-222-09

WHEREAS, the Township of Randolph wishes to join with the Morris County Municipal Utilities Authority in their contract with FCR, Inc., for the purpose of complying with recycling mandates.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that authorization has been given.

G. Authorizing Purchase of Panasonic Tough Books From Gold Type Business Machines Using MCCPC Contract #41 for Police Patrol Vehicles—Not to Exceed $40,000.00

R-223-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #41 for Purchases of Communications Equipment; and

WHEREAS, the Police Department wishes to utilize this contract to purchase five Panasonic Tough Books from Gold Type Business Machines to replace the current terminals in their patrol vehicles; and

WHEREAS, these purchases will not exceed $40,000.00 and funds are available for this purchase.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Morris County Cooperative Pricing Council Contract #41 for an amount not to exceed $40,000.00.

H. Supporting the Over the Limit Under Arrest 2009 Statewide Crackdown

R-224-09

WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and

WHEREAS, 26 percent of motor vehicle fatalities in New Jersey are alcohol-related; and

WHEREAS, an enforcement crackdown is planned to combat impaired driving; and

WHEREAS, the end of the summer season is traditionally a time of social gatherings which often include alcohol; and

WHEREAS, the State of New Jersey Division of Highway Traffic Safety has asked law enforcement agencies throughout the state to participate in the Over the Limit Under Arrest 2009 Statewide Crackdown; and

WHEREAS, the project will involve increased impaired driving enforcement from August 21 through September 7, 2009; and

WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways.

NOW, THEREFORE, BE IT RESOLVED that Randolph Township declares its support for the Over the Limit Under Arrest 2009 Statewide Crackdown from August 21 through September 7, 2009, and pledges to increase awareness of the dangers of drinking and driving.

I. Authorize Mayor to Execute Settlement Agreement and Release United States of America v. Beckman Coulter et al (Combs Fill South Landfill Litigation)

Acted on separately.

J. Authorize Agreement for Randolph to Provide Professional Public Health Services to Rockaway Borough for 2009—$145,611.00

R-225-09

WHEREAS, the Borough of Rockaway wishes to obtain health services of a technical and professional nature 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 Borough of Rockaway.

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

K. Authorize Agreement for Randolph to Provide Animal Control Services to Rockaway Borough for 2009—$9,880.00

R-226-09

WHEREAS, the Borough of Rockaway 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 Borough of Rockaway.

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

L. Authorizing Rejection of All Bids for Network Support Services

R-227-09

WHEREAS, the Township received bids for Network Computer Support Services on June 17, 2009; and

WHEREAS, twenty-six bid packets were mailed and twelve bids were received; and

WHEREAS, the Township has decided to reject all bids pursuant to N.J.S.A. 40A:11-13.2(c) as the Township is abandoning the project for the performance of the services by a private contractor as set forth in the bid specifications; and

WHEREAS, the Township will instead enter into an inter-local services agreement with the Randolph Township Board of Education who will provide Network Computer Support Services.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township rejects all bids for Network Computer Support Services.

M. Authorizing Execution of Agreement With Randolph Township School District for the Purpose of Sharing Network Support Services

R-228-09

WHEREAS, a need exists for the Township of Randolph (“Township”) to acquire computer network support services; and

WHEREAS, the Randolph Township School District (“District”) provides such services and has offered to provide them to the Township for a fee; and

WHEREAS, the District and the Township desire to enter into an agreement whereby the District provides computer network support services to the Township for a fee as set forth in the attached agreement; and

WHEREAS, the agreement is authorized by N.J.S.A. 40A:65-1 et seq.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that the Mayor and Township Clerk are hereby authorized and directed to execute an Inter-Local Agreement with the Randolph Township School District, a copy of which is attached hereto as Exhibit A.

N. Raffles

(1) 50/50 Raffle, Center Grove School PTA, September 11, 2009, 4:00 p.m. to 7:00 p.m., School House Road, Randolph

Mr. Buzak advised the resolution be approved with the caveat that authorization to execute is granted subject to any amendments as recommended by the Township Counsel and approved by the Township Manager.

Councilwoman Price made a motion to approve Item I with the caveat that authorization to execute is granted subject to any amendments as recommended by the Township Counsel and approved by the Township Manager. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

I. Authorize Mayor to Execute Settlement Agreement and Release United States of America v. Beckman Coulter et al. (Combes Fill South Landfill Litigation)

R-229-09

WHEREAS, the Randolph Township Council wishes to authorize the Mayor to execute a Settlement Agreement and Release United States of America v. Beckman Coulter, Inc., et al (Combes Fill South Landfill Litigation).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that authorization has been given for Mayor Edward Metz to execute the Settlement Agreement.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, asked if the Combes Fill Landfill was gone.

Mr. Buzak responded that it’s gone for now but he never says never with regard to contaminated sites.

Mrs. Whilden asked if the health and animal control services to Rockaway was confined to the Borough.

Manager Lovell responded that it was.

Mrs. Whilden asked if the agreement was for comprehensive public health services, encompassing the Board of Health, the Health Officer, and the nursing staff.

Manager Lovell responded that Rockaway Borough has their own Board of Health. This agreement is for staff service functions. Our Health Officer attends Board of Health meetings in Rockaway Borough.

Mrs. Whilden asked if Randolph still employs two nurses.

Manager Lovell responded that Randolph employs one full time nurse and one part time nurse.

Mrs. Whilden expressed her concern that Randolph may be spreading itself too thin.

Manager Lovell responded that he doesn’t believe Randolph is spreading itself too thin. This agreement has existed as it is for many years and has worked well in the past.

Judith Stewart, 114 Everdale Road, stated that she was under the impression Randolph had a third nurse.

Manager Lovell responded that there is a third nurse who puts in very limited hours.

Mrs. Stewart stated that she believes the health department does a fine job. Mrs. Stewart attended the Library’s first outdoor presentation of the summer season, a performance by Rio Clemente. She encouraged the Council to attend these presentations. While at the performance, she was approached by someone expressing surprise that smoking was allowed at the event. Mrs. Stewart reiterated her desire to see a smoking ban at public events. Mrs. Stewart will be attending the parade and thanked the Council for their support of the Freedom Festival although she believes they could have been more generous in their monetary support.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier commented on an article he read about a town in Ocean County installing wind turbines and suggested Randolph begin the process of investigating wind turbines given the often windy conditions at various parks in town.

Councilman Obremski provided the following insight on wind turbines:

  • Ocean Gate was one of the first municipalities to install a wind turbine
  • It is a very small town
  • There is a copy of their draft ordinance on their web site and one on the New Jersey Clean Energy web site that other municipalities can refer to
  • The county program mentioned for solar power includes wind as an option so there could be financing available
  • Renewable projects can not generate more power than the facility itself

Councilman Napoliello invited those in the audience to attend the parade on Friday and fireworks on Saturday.

Manager Lovell provided the information on military leave requested by Deputy Mayor Alpert. He read the following into the record:

When a full time employee (either permanent or temporary) who is a member of the reserve component of any United States Armed Forces or the National Guard of any state including the Naval Militia and Air National Guard is required to engage in field training or called for active duty, the employee will be granted a military leave of absence for the duration of the service and granted the following benefits:

  • The employee will receive full pay for the first ninety (90) days. Thereafter, the employee shall be paid the difference between military salary and the employee’s regular salary.
  • The paid leave will not be counted against any available time off including, but not limited to, vacation, sick, or personal time.
  • Should an employee have any bank time remaining on the books at the time of their leave, it may be used upon their return from active duty. Bank time will not accrue during their leave.
  • The employee may request to be paid for any unused vacation time or comp time prior to his/her leave.
  • The employee shall be credited their vacation and sick time as of January 1 in accordance with the vacation and sick time policy.
  • The employee’s Health, Dental, and Group Life Insurance coverage will continue during the period of leave.
  • The employee’s pay will end within two weeks from his/her release from Active Duty.
  • The employee, while on Active Duty, shall accrue privileges and seniority. The employee must return to work within the following time limits: for service less than thirty-one (31) calendar days, the employee must return to work on the beginning of the first regularly scheduled work day or eight (8) hours after the end of military duty, with reasonable allowances for commuting; for service of thirty- one (31) to one hundred eighty (180) calendar days, the employee must submit an application for reinstatement within fourteen (14) calendar days after completing military duty; for service greater than one hundred eighty (180) calendar days, the employee must submit an application for reinstatement within ninety (90) calendar days after completing military duty.

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

AYES:
Councilman Algeier (noting that the policy will go into effect but may be changed in the future after a review of medical benefits by the Township Manager)
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT: Councilwoman Mitsch

C. Authorizing Addition to Personnel Manual/Employee Handbook—Military Leave

R-230-09

WHEREAS, the Township of Randolph wishes to update the section of the Personnel Manual/Employee Handbook which deals with Military Leave for its employees.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the revised policy to the Employee Manual is accepted and approved.

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—Special Counsel for the Police Department

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 9:35 p.m. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

Councilman Napoliello made a motion to come out of Executive Session at 9:55 p.m. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

ADJOURNMENT

The Mayor adjourned the meeting at 9:55 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
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

ABSENT: Councilwoman Mitsch

Personnel—Special Counsel for the Police Department

Manager Lovell stated that Chief Mason would like to have special legal counsel to assist him in the process of updating the Rules and Regulations and Policies and Procedures for the police department. It’s a very substantial document and requires someone with expertise. The Chief is recommending an attorney for this project. There are also disciplinary cases and it would be preferable for the same person to provide advice and assistance in disciplinary matters. To date, Mr. Buzak and Mr. Knapp have been dealing with these issues. If Randolph chooses to go with a special attorney, it would impact Mr. Knapp in some way. Mr. Lovell believes Mr. Knapp to be a good labor attorney and appreciates his assistance with contract negotiations, mediations, and arbitrations. However this is a different area of expertise and Randolph needs an attorney who knows this field inside and out. His concern is that the attorney is requesting $165.00 per hour. Currently the various attorneys who work for the town receive between $130.00 per hour to $150.00 per hour, with a slightly higher rate for court appearances. Before Chief Mason tries to negotiation a salary with this attorney, he would like advice from Council on a salary with which they would be comfortable.

Councilman Algeier noted his discomfort based on what the other attorneys are paid. He also believed Chief Mason’s original submission contained a “not to exceed” amount.

Manager Lovell responded that there is a budget number of $14,000.00 as a “not to exceed” amount. The Chief will be re-writing the policies, not the attorney, so therefore it should not come in at $14,000.00 unless there are disciplinary issues that arise.

Councilman Algeier asked Mr. Buzak for his feedback on a split fee for regular and court pay.

Mr. Buzak noted that regarding disciplinary proceedings, for the most part they are held before a hearing officer and are not as formal as court proceedings, therefore he wouldn’t suggest going above the regular hourly rate for that. However, if a case goes to court, he could understand raising the rate.

Councilman Algeier asked how Randolph rates compare to other municipalities.

Mr. Buzak responded that Randolph’s rates may be slightly lower, but not significantly lower.

Councilman Algeier suggested offering $140.00 per hour for regular time and $155.00 for court appearances. He also suggesting raising Mr. Knapp’s rates to $140.00 per hour.

Deputy Mayor Alpert noted that times have changed in police departments and the way disputes are handled and often grievances are now filed. In New Jersey, if the Rules and Regulations and Policies and Procedures are not updated every ten years, they are considered null and void. Randolph has not updated theirs for about nine years. The Council has charged Chief Mason with updating this document and he must be provided the tools to do so in order to refocus the police department. Police discipline has become almost a specialty and the unions have strong attorneys.

Manager Lovell suggested offering $145.00 per hour.

_________________________
Donna Marie Luciani
Township Clerk