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

Minutes: March 4, 2010

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

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

ABSENT: Councilman Metz

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

The Boy Scouts led the Pledge of Allegiance and the Scouting Pledge.

PRESENTATION

Scout Steven Wagner provided a current summary of scouting in Randolph.

Mayor Alpert presented Eagle Scout Awards to Patrick Daniel Horn and Eric Timothy Uy Bitler.

The following Proclamation was read into the minutes honoring Scouting Anniversary Week:

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 organizations, 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 Patriot’s 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.

THEREFORE, BE IT RESOLVED that I, Jay Alpert, Mayor of Randolph Township, County of Morris, New Jersey, on behalf of the Town Council proclaim the week of February 2-9, 2010, 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 values-based program to our young people.

APPROVAL OF REGULAR COUNCIL MEETING MINUTES

(1) January 1, 2010

Approval of the January 1, 2010, minutes was carried to a future agenda at Councilwoman Price’s request.

(2) January 14, 2010 and January 21, 2010

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

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

NAYS: Councilwoman Price

ABSENT: Councilman Metz

(3) January 28, 2010

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

AYES:
Councilman Napoliello
Deputy Mayor Mitsch
Mayor Alpert

NAYS: Councilwoman Price

ABSTAIN:
Councilman Algeier
Councilman Obremski

ABSENT: Councilman Metz

(4) February 4, 2010

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

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

ABSENT: Councilman Metz

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she likes to see the Boy Scouts in attendance and that she thinks the Boy Scouts is a fine organization. Mrs. Stewart reminded the Council that they must release minutes from Executive Sessions to the public. Mrs. Stewart stated that she would like to see a ban on smoking in public parks and provided the Council with a brochure entitled “Communities Against Tobacco.”

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price noted that a recent article in the Daily Record reported that combined court services in Dover has been running very smoothly since addressing the issues of case load and scheduling.

Manager Lovell stated that there will be a budget meeting on Saturday, March 6, at 8:30 a.m. At that same time, the Morris Trails Partnership will be leading a six-mile hike on the Randolph trails.

ORDINANCES

A. Introduction

(1) Bond Ordinance Appropriating $3,350,000.00 for Expansion and Renovation of the Senior/Community Center, Library Renovations and Site Plan Improvements

Manager Lovell provided background historical information on the site and summarized the proposed improvements to both buildings covered by this bond ordinance. The Manager believes bidding for this project will be very strong due to the sluggish economy. One critical factor of this renovation will be the complete excavation and removal of the debris buried on the site.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR THE RENOVATION OF THE SENIOR COMMUNITY CENTER AND LIBRARY IN AND BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $3,350,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,180,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 April, 2010, 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 there have been problems at that site in the past with sink holes. The Councilman asked if additional money was included in the bond ordinance to cover unexpected additional costs, if the existing flat roofs on the buildings would be replaced with flat roofs, and whether there has been any water damage in the walls from the deteriorating brick face.

Manager Lovell responded that extra dollars have been built in to the bond ordinance. The Library will still have a flat roof, however the Community Center building will have a combination flat roof and pitched roof. Although there does not appear to be significant water damage to the walls, there is significant ceiling damage.

Councilman Algeier stressed that it is important to do the job correctly the first time, and he therefore suggested an additional $50,000.00 be placed in the bond ordinance to cover unexpected expenses. The Councilman reiterated his desire that the additional money be spent, if necessary, only on the Library and Community Center project. Councilman Obremski seconded the motion.

Deputy Mayor Mitsch asked if there is a timeline for the completion of the project.

Manager Lovell responded that he believes the project will take about one year to complete.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

(2) Calendar Year 2010 Ordinance to Exceed the Municipal Budget Appropriations Limits and to Establish a Cap Bank

Manager Lovell reported that Randolph is about $2 million below the appropriations cap. However, he supports banking the cap from year to year to create flexibility in future budget preparation.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2010 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

ABSENT: Councilman Metz

COMBINED ACTION RESOLUTIONS

Councilwoman Price asked that Items D4, D7, F, and G be pulled for further discussion.

Councilman Algeier asked the Manager to explain Item H to the Council.

Manager Lovell responded that police arbitration has been in place for contract negotiations for approximately thirty years in New Jersey. Typically, during contract negotiations, management and police are often unable to come to an agreement. Negotiations move to arbitration, however arbitration does not reflect the economy, the cap law or levy cap law, increases in pension, or increases in health insurance costs. The League of Municipalities is promoting this law that would require the arbitrator to place greater weight on some of those issues, and it would attempt to limit awards to the cap in place in New Jersey. The Manager noted that no other union with the exception of fire and police, have this benefit and that their salaries and benefits are growing at a rate far in excess of any other employee group in the municipal sector. Manager Lovell asked the Council to support the resolution.

Councilman Algeier noted that municipalities are struggling with budgets and personnel costs. Mandatory arbitration on police contracts is a big part of the problem. The Councilman believes that this resolution is a good first step in bringing balance to the issue.

Deputy Mayor Mitsch made a motion to approve the Combined Action Items with the exception of Items D4, D7, F and G. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

A. Refund/Adjustment Resolutions

(1) Refund Application Fee to Diana Krannich for Nature’s Creations, Inc.—$3,494.97

R-78-10

WHEREAS, the Planning and Zoning Department received an application fee from Diana Krannich in the amount of $3,883.30 for Application #25-09 (Natures Creations, Inc.); and

WHEREAS, the project has been withdrawn by the applicant prior to a public hearing; and

WHEREAS, it is the opinion of staff that the cost to the Township for review and processing of the application did not exceed 10 percent of the application fee.

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 $3,494.97 of the application fee be refunded to Diana Krannich, 10 Prides Crossing, Flanders, NJ 07836.

(2) Release Road Opening Bond for 152 Mountainside Drive to J.B. Builders—$300.00

R-79-10

WHEREAS, the Engineering Department has received a request from J.B. Builders for the release of a $300.00 cash road opening bond for the construction of a water/sewer service at 152 Mountainside Drive; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond which was received and deposited with the Finance Department on March 4, 2008; and

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

WHEAEAS, the Engineering Department has inspected work within the Township right-of-way 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, Township Administrator, that the cash road opening bond in the amount of $300.00 be refunded to J. B. Builders, 152 Mountainside Drive, Randolph, NJ.

(3) Cancellation of Various Tree Bonds to Tree Bank Account

R-80-10

WHEREAS, in accordance with Land Development Ordinance 15-48.7.H.1, tree bonds shall be forfeited to the Tree Bank Fund if trees are not replaced within two years of posting of the bond; and

WHEREAS, the following bond accounts established in 2007 have not replaced trees:

DATE RECEIVED	ACCOUNT NAME	AMOUNT
May 30, 2007	Frank Brenner	$400.00
July 5, 2007	High Grade Beverage	$3,200.00
October 24, 2007	Frankfar LTD	$3,600.00

WHEREAS, it is recommended by the Planning and Zoning Administrator that the above tree bond accounts be transferred to the Township’s Tree Bank Fund.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to transfer the above tree bond accounts to the Township’s Tree Bank Fund.

(4) Refund Outside Tax Sale Certificate #1865 for Block 131, Lot 62, to US Bank—Cust/SASS

R-81-10

WHEREAS, Outside Tax Sale Certificate #1865 held by US Bank-Cust/SASS, assessed to Ronald and Terry Springer, Block 131, Lot 62, 4 Grimal Court; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $40,165.63, and premium in the amount of $1,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $41,165.63 to US Bank-Cust/SASS, holder of Tax Sale Certificate #1865.

(5) Release Escrow Funds for Block 73, Lot 56, to Walter Steinel—$1,207.00

R-82-10

WHEREAS, the Planning and Zoning Department received escrow funds from Walter Steinel, Block 73, Lot 56; 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 the following amount be refunded:

Acct #294817
Name: Walter Steinel
Amt. $1,207.00

B. Awarding Contract for Supplying Waterworks Specialties to HD Supply Waterworks, Ltd.

R-83-10

WHEREAS, the Township of Randolph wishes to award a contract for Supplying Waterworks Specialties on an as-needed basis for the Water and Sewer Department; and

WHEREAS, bids have been advertised and received in accordance with the Local Public Contracts Law on January 14, 2010; and

WHEREAS, three bids were received from the Lee Company, Atlantic Plumbing Supply Company, and HD Supply Waterworks, Ltd.; and

WHEREAS, the Lee Company specified their prices are for one year only and Atlantic Plumbing did not include their Acknowledgement of Revisions and Notices so neither can be considered; and

WHEREAS, the contract will be awarded to HD Supply Waterworks, Ltd. for all items bid. Any items specified “No Bid” will need to be quoted.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded for the Supplying of Water Works Specialties to the HD Supply Waterworks as attached for a contract term of February 1, 2010, to January 31, 2012.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Water and Sewer, Other Expenses, to award a contract to HD Supply Waterworks, Ltd., for Supplying Waterworks Specialties in accordance with the contract on file in the Township Manager’s Office.

____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Extension of the Uniform Rental Contract With American Wear Uniforms for an Additional Twelve-Month Period—Not to Exceed $10,773.88

R-84-10

WHEREAS, a contract was awarded on February 4, 2009, for Uniform Rental at a total contract price of $10,773.88; and

WHEREAS, the original contract period is from February 21, 2009, to February 20, 2010; and

WHEREAS, NJSA 40A:11-15 states that any contract for services may include provisions for a one-year extension and shall be awarded by resolution of the governing body upon finding by the governing body that the services are being performed in an effective and efficient manner; and

WHEREAS, the proposal provided by American Wear Uniforms includes a provision for the extension of this contract for one year and the contract refers to the specifications on file; and

WHEREAS, the total contract price will remain $10,773.88 and funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Uniform Rental contract be extended for an additional twelve-month period at a total of $10,773.88.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budgets listed below to extend the contract to American Wear Uniforms for the Uniform Rental in the amount not to exceed $10,773.88.

____________________________
Michael J. Soccio
Chief Financial Officer

D. Awarding Professional Services Agreements for:

(1) Clough Harbour & Associates for Professional Surveying/Engineering Services for Open Space—Not to Exceed $5,000.00

R-85-10

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

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

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

WHEREAS, Clough Harbour & Associates has indicated they will provide the Professional Surveying/Engineering Services for Open Space for an amount not to exceed $5,000.00; and

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

WHEREAS, funds are available for this purpose.

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 Clough Harbour & Associates as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Clough Harbour & Associates for Professional Surveying/Engineering Services for Open Space in the amount not to exceed $5,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(2) EcolSciences, Inc. for Environmental Engineering Services for Open Space—Not to Exceed $15,000.00

R-86-10

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

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

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

WHEREAS, EcolSciences, Inc. has indicated they will provide the Environmental Engineering Services for Open Space for an amount not to exceed $15,000.00; and

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

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to EcolSciences, Inc., for Professional Environmental Engineering for Open Space in the amount not to exceed $15,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(3) Jaman Engineering for Professional Surveying/Engineering Services for Open Space—Not to Exceed $10,000.00

R-87-10

WHEREAS, the Township of Randolph has a need to acquire Jaman Engineering 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, Jaman Engineering has indicated they will provide the Professional Surveying/Engineering Services for Open Space for an amount not to exceed $10,000.00; and

WHEREAS, Jaman Engineering has completed and submitted a Business Entity Disclosure Certification which certifies that Jaman Engineering 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 Jaman Engineering from making any reportable contributions through the term of the contract, and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Jaman Engineering for Professional Surveying/ Engineering for Open Space in the amount not to exceed $15,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(4) Richard P. DeAngelis of McKirdy & Riskin, PA, for Special Counsel for Property Tax Appeal Litigation—Not to Exceed $27,000.00 Plus $600.00 Per Day for Trials

Acted on separately.

(5) Morris Plains Animal Clinic to Provide Professional Veterinary Services—Not to Exceed $12,000.00

R-88-10

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

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

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

WHEREAS, Animal Clinic of Morris Plains, LLC, has indicated they will provide the Professional Veterinary Services for an amount not to exceed $12,000.00; and

WHEREAS, Animal Clinic of Morris Plains, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Animal Clinic of Morris Plains, LLC, has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Animal Clinic of Morris Plains, LLC, from making any reportable contributions through the term of the contract, and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the Dog Trust Fund to award a contract to the Animal Clinic of Morris Plains, LLC, for Professional Veterinary Services in the amount not to exceed $12,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(6) Robert Michaels to Perform the Initial COAH Analysis

R-89-10

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

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition 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, Robert Michaels & Associates was retained in 2008 to perform the Initial COAH Analysis for $7,900.00 with two amendments totaling $10,000 for a total to-date contract of $17,900.00; and

WHEREAS, Robert Michaels & Associates has indicated they will continue the analysis for an amount not to exceed $7,500.00; and

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

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the Housing Trust Fund to amend the contract with Robert Michaels & Associates for Performing the Initial COAH Analysis in the amount not to exceed $7,500.00.

____________________________
Michael J. Soccio
Chief Financial Officer

(7) Larry Cohen of Courter, Kobert & Cohen for Conflict Counsel for Tax Appeals—Not to Exceed $5,000.00

Acted on separately.

E. Resolutions Authorizing Cooperative Purchases

(1) MCCPC Contract #1—Gasoline

R-90-10

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

WHEREAS, these purchases will not exceed $175,000.00.

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.

(2) MCCPC Contract #12—Diesel Fuel

R-91-10

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

WHEREAS, these purchases will not exceed $350,000.00.

(3) MCCPC Contract #14—Catch Basins & Manhole Castings

R-92-10

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.

(4) MCCPC Contract #16—Office Supplies

R-93-10

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

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

(5) MCCPC Contract #20A and #20B—Sporting Goods

R-94-10

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 $150,000.00.

(6) MCCPC Contract #23—Police Uniforms

R-95-10

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #23, Police Uniforms and Equipment, from various vendors as needed for all departments in the township; and

WHEREAS, these purchases will not exceed $30,000.00.

(7) MCCPC Contract #42—Landscaping Materials

R-96-10

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 $40,000.00.

(8) MCCPC Contract #47—Water Meters/Data Recorders & Radio Frequency Meter Interface Units

R-97-10

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.

(9) NJ State Contract #M0483—Computer Supplies

R-98-10

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.

(10) NJ State Contract #T0123—Automotive Tires

R-99-10

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 $40,000.00.

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.

(11) NJ State Contract #T216A—Sprint/Nextel Wireless Services

R-100-10

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 $45,000.00.

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.

(12) NJ State Contract #T2085—Auto Parts for Heavy Duty Trucks

R-101-10

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 $60,000.00.

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.

F. Amend Professional Services Agreement for David Paris for Personnel Hearing Officer Services Adding $1,705.00 for a Total of $3,255.00

Acted on separately.

G. Amend Professional Services Agreement for Arthur Thibault for Prosecutorial Services—Adding $1,740.00 for a Total of $4,240.00—Disciplinary Hearing

Acted on separately.

H. Supporting the League in Moving Interest Arbitration Reform Forward

R-102-10

WHEREAS, the interest arbitration process was intended to fairly and adequately give all due consideration to the interest and welfare of the taxpaying public and support local government aims by arriving at award decisions that are equitable to all involved parties, including municipalities and Police and Fire Department personnel; and

WHEREAS, the New Jersey Employer-Employee Relations Act, adopted in 1968, was amended in 1977 to provide for interest arbitration as the statutorily imposed terminal step in the collective bargaining process for police and fire personnel as defined by the Act; and

WHEREAS, the Police and Fire Interest Arbitration Reform Act (L.1995, c. 425) was signed into law by Governor Christine Todd Whitman and became effective on January 10, 1996; and

WHEREAS, in 2005, the League of Municipalities’ Arbitration Reform Committee suggested a number of Legislative reforms to the Interest Arbitration Process. Among the changes proposed by the Reform Committee were that: (1) the Arbitrator may not award salary increases in excess of the expenditure cap (N.J.S.A. 40A:4-45 et seq.); (2) the Arbitrator’s Award may provide for salary increases limited to the budget cap imposed by the State of New Jersey and/or any lawful adjustment adopted by the public employer; and (3) the Arbitrator’s award may provide for salary increases limited to the percentage established by the State or the lawful adjustment adopted by the public employer, as may be appropriate, on a department line basis; and

WHEREAS, in 2007 the Police and Fire Interest Arbitration statute was amended to add a new ninth factor of the 4% Tax Levy Cap which resulted in 4 of the 9 statutory factors in Interest Arbitration addresses the employer’s fiscal situation; and

WHEREAS, municipalities are bound by strict fiscal controls embodied in the expenditure limit and tax levy caps and it is the norm rather than the exception for state approved arbitrators to award raises for police salaries at rates that exceed the annual caps; and

WHEREAS, binding arbitration awards in excess of the caps forces municipalities to cut other critically needed municipal services in order to fund salary increases, compounded by pension increases, to police and fire personnel, and costs for police and fire services continue to spiral at an unacceptable rate; and

WHEREAS, the state approved interest binding arbitration process is inconsistent with the State cap laws and is unfair to municipalities attempting to control property taxes through fiscal responsibility; and

WHEREAS, interest arbitration should be reformed to provide that the cost of living and the employer’s ability to pay should be given greater weight and the total costs of the arbitrator’s award, including steps and cost of living (COLA) increases, should not exceed the cost of living; and

WHEREAS, arbitrators should be required to evaluate and analyze the total cost of the salaries and benefits, including step increases, and must provide a detailed line item analysis and explanation of the costs in the award; and

WHEREAS, arbitrators must also evaluate and analyze the overall compensation received by the bargaining unit, including vacations, longevity, holidays, excused leave, medical and pension benefits; and

WHEREAS, arbitrators should be required to live in New Jersey and the process of selecting the arbitrators and the length of time the Arbitration process takes needs to be reviewed.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the Township of Randolph in the County of Morris, State of New Jersey, hereby urges the New Jersey State Legislature to pass legislation containing substantial reforms to the binding arbitration process.

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Senator Anthony Bucco, Assemblymen Anthony Bucco, Jr. and Michael Patrick Carroll, the New Jersey State League of Municipalities, and the Office of the Governor.

I. 2009 Budget Reserve Transfers—$93,100.00

R-103-10

WHEREAS, various 2009 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 2009 Budget Appropriation Reserve in the last two months of 2009; and

WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts, incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, that transfers in the amount of $93,100.00 is made between the 2009 Budget Appropriation Reserves.

FROM	AMOUNT	TO	AMOUNT
Police, Salaries and Wages	$93,100.00	Recycling, Other Expenses	$6,000.00
		Snow, Salaries and Wages	$33,100.00
		Snow, Other Expenses	$54,000.00
Total	$93,100.00	Total	$93,100.00

J. Authorizing the Award of a Re-Bid of MCCPC Contract #41 for the Purchase of Communications Equipment

R-104-10

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes an award of Item #56 (Panasonic) of MCCPC Contract #41 (Purchase of Communications Equipment) for the contract period March 5, 2010, to December 31, 2010; and

WHEREAS, the bid has been advertised and received on March 2, 2010, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council has determined that WPCS International, Incorporated be awarded the Contract Item #56 (Panasonic) for bidding the highest discount at 22.1%.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to WPCS International, Incorporated of Lakewood, New Jersey, for Item #56 (Panasonic) at a discount of 22.1% of Contract #41 (Purchase of Communications Equipment) for the contract period March 5, 2010, to December 31, 2010.

K. Awarding a Contract for Group Life Insurance & Accidental Death, Dismemberment Insurance for Volunteer Firemen and Rescue Squad and Full-Time Township Employees to Fort Dearborn Life Insurance Co.—Not to Exceed $32,000.00

R-105-10

WHEREAS, the need exists to award a contract for group life insurance and accidental death and dismemberment insurance for volunteer firemen, volunteer rescue squad, and full-time township employees; and

WHEREAS, insurance falls under 40A:11-5(1)(m) as an exception to public bidding and may be awarded as an Extraordinary Unspecifiable Service (EUS); and

WHEREAS, the Certification for an Extraordinary Unspecifiable Service was completed by Michael Soccio as required by the Local Public Contracts Law 5:34-2.3; and

WHEREAS, Fort Dearborn Life Insurance Company will provide this service at a cost not to exceed $32,000.00; and

WHEREAS, funds are available for this purpose; and

WHEREAS, Fort Dearborn Life Insurance Company has completed and submitted a Business Entity Disclosure Certification which certifies that Fort Dearborn Life Insurance Company 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 Fort Dearborn Life Insurance Company from making any reportable contributions through the term of the contract.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Group Insurance, Other Expenses, to award an Extraordinary Unspecifiable Services Contract with Fort Dearborn Life Insurance Company for Group Life Insurance and Accidental Death and Dismemberment Insurance for Volunteer Firemen, Volunteer Rescue Squad and Full-Time Township Employees in the amount not to exceed $32,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

L. Raffles

(1) On-Premise 50/50, Nixon School PTA, April 20, 2010, 8:00 p.m. to 10:00 p.m. at the Skylands, 792 Route 10, Randolph

(2) Tricky Tray, Nixon School PTA, April 30, 2010, 8:00 p.m. to 10:00 p.m. at the Skylands, 792 Route 10, Randolph

(3) Off-Premise 50/50, Randolph High School PTSA, June 3, 2010, 9:00 p.m., at Randolph High School, 511 Millbrook Avenue, Randolph

(4) On-Premise 50/50, Mendham Township Home & School Association, April 16, 2010, 10:00 a.m. to 2:00 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

(5) Tricky Tray, Mendham Township Home & School Association, April 16, 2010, 10:00 a.m. to 2:00 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

(6) Off-Premise 50/50, A.R. Spinola School, April 23, 2010, 6:00 p.m. to 11:00 p.m., at the Nash Dance Center, 10-12 Emery Avenue, Randolph

(7) Tricky Tray, A.R. Spinola School, April 23, 2010, at 6:00 p.m. to 11:00 p.m., at the Nash Dance Center, 10-12 Emery Avenue, Randolph

(8) Raffle, Kiwanis Club (St. Baldrick’s), May 22, 2010, 9:00 a.m. to 12:00 a.m., 540 Route 10 West, Randolph

(9) Off-Premise Merchandise, St. Matthew the Apostle Parish, July 4, 2010, 12:30 p.m., 335 Dover Chester Road, Randolph

(10) On-Premise 50/50, Randolph High School Forensics Parents Booster Association, April 25, 2010, 5:00 p.m. to 10:00 p.m., at the Skylands at Randolph, 792 Route 10 West, Randolph

(11) Off-Premise 50/50, Randolph Township Women’s Club, July 3, 2010, 8:00 p.m., at County College of Morris, Center Grove Road, Randolph

Deputy Mayor Mitsch made a motion to approve Items D4, D7, F and G. Councilman Napoliello seconded the motion.

Councilman Obremski asked if no-bid contracts are issued to entities other than attorneys.

Manager Lovell responded that they are.

Councilwoman Price reiterated her belief that Randolph shouldn’t be paying the sticker price for some of these contracts, especially prior to the budgeting process. As it affects the taxpayers, the Councilwoman believes the Council should try to get the best value for the best price.

Mayor Alpert agrees that Randolph should get the best value for the best price, and he believes that is being done with these contracts.

Councilman Napoliello echoed the Mayor’s statement. The Councilman noted that when he began serving on the Township Council, Randolph was spending $600,000.00 in legal fees.

The following roll call vote was taken:

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

NAYS: Councilwoman Price

ABSENT: Councilman Metz

(4) Richard P. DeAngelis of McKirdy & Riskin, PA, for Special Counsel for Property Tax Appeal Litigation—Not to Exceed $27,000.00 Plus $600.00 Per Day for Trials

R-106-10

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

WHEREAS, in the event that a tax appeal requires the services of “conflict counsel” Mr. DeAngelis shall be responsible for the first three hours of billable time to the assigned legal counsel on each case; 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.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Legal, Other Expenses, to award a contract to Richard P. DeAngelis, Jr. of McKirdy & Riskin, PA, for Special Counsel for Real Property Tax Appeal Litigation in the amount not to exceed $27,000.00 plus $600.00 per day for trials.

____________________________
Michael J. Soccio
Chief Financial Officer

(7) Larry Cohen of Courter, Kobert & Cohen for Conflict Counsel for Tax Appeals—Not to Exceed $5,000.00

R-107-10

WHEREAS, the Township of Randolph has a need to acquire Larry Cohen of Courter, Kobert & Cohen 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, Larry Cohen of Courter, Kobert & Cohen has indicated they will provide the Conflict Counsel for Tax Appeals at $150.00 per hour for attorneys, $80.00 for paralegals, plus $600.00 per day for trials for an amount not to exceed $5,000.00; and

WHEREAS, Larry Cohen of Courter, Kobert & Cohen has completed and submitted a Business Entity Disclosure Certification which certifies that Larry Cohen of Courter, Kobert & Cohen 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 Larry Cohen of Courter, Kobert & Cohen from making any reportable contributions through the term of the contract, and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget Legal, Other Expenses, to award a contract with Larry Cohen of Courter, Kobert & Cohen for Conflict Counsel for Tax Appeals in the amount not to exceed $5,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

F. Amend Professional Services Agreement for David Paris for Personnel Hearing Officer Services Adding $1,705.00 for a Total of $3,255.00

R-108-10

WHEREAS, an agreement was awarded to David M. Paris, Esq., of Piro Zinna Cifelli Paris & Genitampo on January 14, 2010, for a Police Disciplinary Hearing on Friday, January 15, 2010; and

WHEREAS, the haring was not completed on that date and additional time was required; and

WHEREAS, the original agreement was in the amount of $1,550.00 and an additional $1,705.00 is needed; and

WHEREAS, the total of this contract with Amendment I will not exceed $3,255.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to amend this contract with David M. Paris, Esq., of Piro Zinna Cifelli Paris & Genitampo as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget Legal, Other Expenses, to amend the contract with David M. Paris, Esq., of Piro Zinna Cifelli Paris & Genitampo for Conducting a Disciplinary Action Hearing in the amount not to exceed $1,705.00.

____________________________
Michael J. Soccio
Chief Financial Officer

G. Amend Professional Services Agreement for Arthur Thibault for Prosecutorial Services—Adding $1,740.00 for a Total of $4,240.00—Disciplinary Hearing

R-109-10

WHEREAS, an agreement was awarded to Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy on January 14, 2010, for Special Police Counsel Services regarding Randolph Township v. Edelman on Friday, January 15, 2010; and

WHEREAS, the hearing was not completed on that date and additional time was required; and

WHEREAS, the original agreement was in the amount of $2,500.00 and an additional $1,740.00 is needed; and

WHEREAS, the total of this contract with Amendment I will not exceed $4,240.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to amend this contract with Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 4, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Legal, Other Expenses, to amend the contract with Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy, for Special Counsel Regarding Randolph Township v. Edelman in the amount not to exceed $1,740.00.

____________________________
Michael J. Soccio
Chief Financial Officer

Councilman Algeier requested the Consent Agenda be kept open in order to adopt a resolution concerning the bond issue project and the use of the money. The Councilman read the following into the minutes:

Resolution Adding $50,000.00 to Bond Ordinance for Library and Senior Community Center Renovations

R-110-10

BE IT RESOLVED that the funds from the bond ordinance for the Senior Community Center and Library renovation project be deemed restricted to use on the project site specifically for ground exaction, debris removal, and/or building improvement, and at no other location within the community.

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

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

NAYS: None

ABSENT: Councilman Metz

DISCUSSION ITEMS

A. Appoint Master Plan Committee Members

Manager Lovell reported that Michael Guadagno, John Jerow, and Myra Sesko from the Planning Board have agreed to be a part of the Mast Plan Committee. Maggie Finnerin from the Board of Adjustment will be a member representing the Board of Adjustment.

Deputy Mayor Mitsch and Mayor Alpert agreed to represent the Council on the Master Plan Committee.

B. Interference with Retail or Wholesale Practice

Manager Lovell reported that Councilman Algeier proposed a recommendation with language that would allow the prosecutor to have flexibility with plea bargains. The recommendation is as follows:

“No person shall purposely interfere with, hinder, disturb or obstruct any retail or wholesale business operation, function or activity, nor shall any person purposely interfere with, hinder, disturb or obstruct any retail or wholesale business owner, employee, agent or personnel acting in furtherance of the interests of that business with the intent to prevent, undermine or otherwise obstruct the lawful retail or wholesale practices of the business. This subsection does not apply to conduct considered lawful competitive economic practices.”

Councilman Algeier noted that this issue was brought to him by the Prosecutor. It’s an ordinance that is used in other towns. This ordinance would give the Prosecutor flexibility when handling first time disorderly person offenses.

Councilwoman Price made a motion to direct the Township Attorney to draft an ordinance as described above. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello expressed dissatisfaction with the lack of garbage collection during the recent snow storm.

Manager Lovell responded that, with the exception of this incident, he has not had any problems with Blue Diamond. He will be meeting with Blue Diamond to discuss the issue and work toward ways to improve communication and service during inclement weather. Regarding snow removal, the Manager reported that many of the township’s snow plow drivers worked 36 hours straight cleaning the roads and did a remarkable job.

Councilman Algeier asked if there was a policy regarding the release of Executive Meeting minutes whereby the Manager and Township Attorney reviewed the minutes to determine which records could be released.

The Township Clerk responded that she will be reviewing the minutes with the Township Attorney.

Deputy Mayor Mitsch echoed the Manager’s comments that the snow removal team did a phenomenal job during the last storm.

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. Tilcon Litigation
b. Randolph Town Center Litigation
c. Jersey City v RVRSA and Member Towns

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

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

Deputy Mayor Mitsch made a motion to move into Executive Session at 9:05 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Metz

Councilman Algeier made a motion to move out of Executive Session. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Deputy Mayor Mitsch
Mayor Alpert

NAYS:
Councilman Obremski
Councilwoman Price

ABSENT: Councilman Metz

ADJOURNMENT

The Mayor adjourned the meeting at 10:00 p.m.

_____________________________
Donna Marie Luciani
Township Clerk