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

Minutes: October 6, 2009

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

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

ABSENT: Councilwoman Price

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

Mayor Metz led the Pledge of Allegiance.

SWEARING-IN CEREMONY

(1) Lt. William Yarzab

Lt. Yarzab’s wife, son and daughter were in attendance.

Manager Lovell provided background on Lt. Yarzab’s history with the Randolph Police Department highlighting his education and award achievements.

Chief Mason congratulated Lt. Yarzab and his family and noted the hard work it took to attain the position of lieutenant.

Mrs. Yarzab administered the Oath of Office to Lt. Yarzab while his children held the Bible.

(2) Patrol Officer Michael Shoudy

Manager Lovell stated his pleasure in appointing Michael Shoudy to the position of patrol officer. The Manager provided background on Officer Shoudy’s academic and work history.

Officer Shoudy’s mother, father, and brother were in attendance.

Officer Shoudy’s father administered the Oath of Office to Officer Shoudy while his mother and brother held the Bible.

Chief Mason invited those in attendance to a small reception in the lobby.

RE-CONVENE

PROCLAMATION

(1) Put the Brakes on Fatalities Day

Mayor Metz read the following proclamation into the record:

WHEREAS, October 10, 2009, has been declared Put the Brakes on Fatalities Day by the Township of Randolph; and

WHEREAS, across the nation, traffic crashes caused more than 40,000 fatalities in 2008 and are the leading cause of death for young people aged 3 to 34; and

WHEREAS, in New Jersey, 591 individuals lost their lives in traffic crashes in 2008; and

WHEREAS, alcohol-related crashes accounted for 26 percent of the state’s traffic fatalities; and

WHEREAS, unsafe speed was a factor in more than 22,000 crashes; and

WHEREAS, 78 motorcyclists, 21 bicyclists, and 135 pedestrians were killed in New Jersey in traffic-related crashes in 2008; and

WHEREAS, safer driving behaviors such as buckling up every ride; obeying posted speed limits, avoiding aggressive driving behaviors and aggressive drivers; never drinking and driving; wearing proper safety gear when riding a motorcycle or bicycle; and focusing solely on driving by avoiding distractions can dramatically reduce the number of traffic-related injuries and deaths.

NOW, THEREFORE, BE IT RESOLVED that I, Edward Metz, Mayor of the Township of Randolph, in the County of Morris, New Jersey, in conjunction with the Randolph Township Police Department, do hereby proclaim October 10, 2009, as Put the Brakes on Fatalities Day and call upon everyone to put these lifesaving behaviors into practice to improve safety on the roadways in our community and throughout the state.

Mayor Metz noted that the Traffic Advisory Committee has done wonderful things over the last few years, highlighted by the driver education safety program presented at the high school for teens and parents.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she has attended the driver safety program at the high school, found it to be very well done, and thanked Lt. Yarzab for his efforts and for caring about Randolph’s children.

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

COUNCIL AND MANAGER REPORTS

Councilman Napoliello reported that the Country Fair was held recently and went very well. The Randolph Rotary has expressed interest in sponsoring it again next year. The Councilman passed on the Rotary’s thanks to the Manager and his staff for their assistance. The Councilman reported that the Planning Board approved a new music retail and recital hall on Route 10.

Councilman Algeier noted that Randolph employs wonderful public health nurses who are getting out in the community distributing information on flu prevention.

Mayor Metz reported that he met with the School Board and discussed many items, most notably the reverse-911 system. The School Board has agreed to send on their email alert system the Mayor’s message regarding what residents can do to get their name on a local emergency alert system.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #24-09: Donation of Clothing Bins

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO CREATE CHAPTER 47, DONATION OF CLOTHING BINS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance follows a state model licensing clothing bins for donations in the township. This ordinance will require bins be registered with the township and information must be posted on the side stating what organizations will receive the donated items. The ordinance also addresses maintenance of the bins.

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 TO CREATE CHAPTER 47, DONATION OF CLOTHING BINS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, 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. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

(2) Ordinance #25-09: Stopping and Standing Prohibited/West Hanover Avenue

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-72, STOPPING AND STANDING PROHIBITED ON CERTAIN STREETS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance will extend the no parking limitation that now exists on West Hanover Avenue from Sussex Turnpike to a point 1,000 feet beyond Mt. Freedom Road. This ordinance has been discussed with the Traffic Safety Officer and an official from Chabad and stems from a safety concern for people attending services at the Chabad. Chabad is in agreement with this prohibition.

Councilman Algeier noted the dangers of parking and walking along that section of West Hanover Avenue and supports this ordinance as a safety measure.

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

Judith Stewart, 114 Everdale Road, asked if signs will be posted along West Hanover in order to be able to enforce the ordinance.

Manager Lovell responded that signs will be posted along West Hanover Avenue.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-72, STOPPING AND STANDING PROHIBITED ON CERTAIN STREETS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilwoman Price

B. Introduction

(1) Amending the Land Development Ordinance—2 Middlebury Boulevard

Manager Lovell stated that this ordinance will amend current zoning at the corner of Middlebury Boulevard and Canfield Drive. This ordinance was discussed and approved by the Planning Board.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 18.01, LOT 1.01, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE B-1 NEIGHBORHOOD BUSINESS DISTRICT TO THE I-1 INDUSTRIAL DISTRICT” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

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

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

NAYS: None

ABSENT: Councilwoman Price

(2) Establishing an Advisory White-Tail Deer Control Committee

Manager Lovell stated that this ordinance will create a seven-member committee which would include a representative of the Parks Committee as well as an alternate. The purpose of the committee would be to develop programs to deal with the deer problem in the township. The Council had asked the Manager to consider possible advantages to creating an ad hoc committee. The Manager is not averse to an ad hoc committee being appointed to start pulling together information and it would allow the town to look for the best people to serve on the committee. The Manager believes Randolph has come a long way in the effort to control the deer population over the last couple of years and this committee will take it to the next level. Other towns that have successful programs have a standing committee appointed by the township in place to deal with this issue.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE XVII ESTABLISHING THE ADVISORY WHITE-TAIL DEER CONTROL COMMITTEE” be introduced, read by title by the Township Clerk and passed on first reading.

Deputy Mayor Alpert believes an ad hoc committee should be established in order to address the issues more quickly.

Councilman Obremski recommended having an ad hoc committee report to the Parks Committee on a regular basis. A formal committee could be formed at a later time if necessary.

Councilman Napoliello agreed with the creation of an ad hoc committee reporting directly to the Parks Committee.

Councilman Algeier would support the creation of an ad hoc committee in order to get the program moving forward.

Councilwoman Mitsch suggested members of the Environmental Commission may be interested in participating in the ad hoc committee.

Councilman Obremski suggested hunters be included as well.

Mayor Metz indicated Council’s desire to create an ad hoc committee as a sub-committee of the Parks Committee.

Council did not move forward on the proposed ordinance.

(3) Amend the Salary and Wage Ordinance

Manager Lovell stated that this ordinance will amend the salary and wage ordinance and deals with changing five titles, including:

Engineering Administrator will be changed to Engineering Administrator/Licensed Waste Water Operator
Community Services Coordinator will be moved to Supervisory Employees group
Purchasing Coordinator will be changed to Registered Public Purchasing Official/Qualified Purchasing Agent
Health Assistant will be changed to Health Assistant/Registrar/Recycling Coordinator
Adding new title of Technical Assistant in Code Enforcement

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 16-09, ‘AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

ABSENT: Councilwoman Price

COMBINED ACTION ITEMS

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

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

NAYS: None

ABSENT: Councilwoman Price

A. Refund/Adjustment Resolutions

(1) Refund Overpayment of 2009 Taxes for Block 42.01, Lot 10, to John and Lisa Miele—$2,900.48

R-327-09

WHEREAS, John and Lisa Miele have overpaid 2009 taxes in the amount of $2,900.48 on Block 42.01, Lot 10, 5 Schindler Drive; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,900.48 to John and Lisa Miele.

(2) Refund Overpayment of Water Bill for 3 Kings Court to David Medford—$643.67

R-328-09

WHEREAS, David Medford, 3 Kings Court, Mendham, Block 9999, Lot 52, was estimated for his water service for several quarters; and

WHEREAS, the Township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. Medford overpaid his water account due to the estimated readings in the amount of $643.67; and

WHEREAS, Mr. Medford has requested a refund of his overpayment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $643.67 to Mr. David Medford, 3 Kings Court, Mendham, NJ 07945.

(3) Refund Tax Sale Certificate #1873 for 48 Park Avenue to Plymouth Park Tax Services, LLC—$37,912.94

R-329-09

WHEREAS, Outside Tax Sale Certificate #1873 held by Plymouth Park Tax Service, LLC, assessed to Carolyn Grant, Block 21.07, Lot 10, 48 Park Avenue; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $21,912.94 and premium in the amount of $16,000.00.

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 $37,912.94 to Plymouth Park Tax Services, LLC, holder of Tax Sale Certificate #1873.

(4) Refund Application Fee for 8-08—1319 Sussex Turnpike to Phil and Terri Rich—$300.00

R-330-09

WHEREAS, the Planning and Zoning Department received an application fee from Philip and Terri Rich in the amount of $300.00 for application #8-08; 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 exceeded 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 none of the application fee be refunded to Philip and Terri Rich, 1319 Sussex Turnpike, Randolph, NJ 07869.

(5) Refund Application Fee for 9-08—1319 Sussex Turnpike to Phil and Terri Rich—$175.50

R-331-09

WHEREAS, the Planning and Zoning Department received an application fee from Philip and Terri Rich in the amount of $300.00 for application #9-08; 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 was approximately $124.50.

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 $175.50 of the application fee be refunded to Philip and Terri Rich, 1319 Sussex Turnpike, Randolph, NJ 07869.

(6) Refund Application Fee for 10-08—1319 Sussex Turnpike to Phil and Terri Rich—$573.50

R-332-09

WHEREAS, the Planning and Zoning Department received an application fee from Philip and Terri Rich in the amount of $750.00 for application #10-08; 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 was approximately $176.50.

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 $573.50 of the application fee be refunded to Philip and Terri Rich, 1319 Sussex Turnpike, Randolph, NJ 07869.

(7) Refund Water Overpayment—Craig and Dolores Schiffner—$757.80

R-333-09

WHEREAS, Craig and Dolores Schiffner, 35 Church Road, Block 86, Lot 60.02, were estimated for their water service for several quarters; and

WHEREAS, the Township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. and Mrs. Schiffner overpaid their water account for several quarters which resulted in an overpayment of $757.80; and

WHEREAS, Mr. and Mrs. Schiffner have requested a refund of their overpayment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $757.80 to Mr. and Mrs. Schiffner, 35 Church Road, Randolph, NJ 07869.

(8) Refund Tax Sale Certificate for Block 28, Lot 4, to Jesse Wolosky—$154.76

R-334-09

WHEREAS, Outside Tax Sale Certificate #1870 held by Jesse Wolosky, assessed to US Bank NA Trust, Block 28, Lot 4, 27 Lake Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $154.76.

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 $154.76 to Jesse Wolosky, holder of Tax Sale Certificate #1870.

(9) Refund Overpayment of 2009 Taxes for Block 21, Lot 193, to Richard and Debra Weinstein—$621.80

R-335-09

WHEREAS, Richard and Debra Weinstein have overpaid 2009 taxes in the amount of $621.80 on Block 21, Lot 193, 85 Pleasant Hill 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 $621.80 to Richard and Debra Weinstein.

(10) Refund Overpayment of Taxes on Block 38.02, Lot 17.02, to Surety Lender Services—$50.01

R-336-09

WHEREAS, Surety Lender Services has overpaid 2009 taxes in the amount of 50.01 on Block 38.02, Lot 17.02, known as 49 South Road, assessed to Anthony and Stephanie Montano; 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 $50.01 to Surety Lender Services.

(11) Authorizing Release of Various Escrow Funds From Planning and Zoning

R-337-09

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

Jeffrey Curnow, Block 134. Lot 3
Christopher and Cheryl Johnson, Block 55, Lot 19
Indoor Sports Pavilion, LLC, Block 120, Lot 3

and

WHEREAS, the projects have been completed and closed out and there are no outstanding payments due.

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

#294808	Jeffrey Curnow	$784.00
#294807	Christopher and Cheryl Johnson	$770.50
#294805	Indoor Sports Pavilion, LLC	$7,670.00

B. Authorizing Transfer of 1990 Police GMC Van to Sparta for Auction

R-338-09

WHEREAS, the Township of Randolph is the owner of the following vehicle and which is no longer needed for public use:

1990

Police

GMC

Van

1GTGG35K6L7508488

WHEREAS, the Township desires to authorize the sale of the above-described vehicle at public sale pursuant to NJSA 40A:11-36 to the highest bidder; and

WHEREAS, the Township authorizes the Township of Sparta to perform the auction on October 17, 2009, as a joint venture.

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

1. The Township authorizes the transfer of the above vehicles to Sparta to be auctioned by a professional auctioneer on October 17, 2009.

2. The Township shall retain the right to reject all bids.

C. Authorizing Purchase of Firefighter Equipment From Firefighter One Off the MCCPC Contract #40—Not to Exceed $61,000.00

R-339-09

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #40 for Purchases of Personal Protection Equipment for Emergency Personnel; and

WHEREAS, the Fire Department wishes to utilize this contract to purchase personal protective equipment from Firefighter One; and

WHEREAS, these purchases will not exceed $61,000.00 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 #40 for an amount not to exceed $61,000.00.

D. Authorizing Amendment to Professional Services Agreement With LBR Services, LLC for the Removal of Contaminated Soil at 1304 Sussex Turnpike—$3,640.00—New Total of $8,140.00

R-340-09

WHEREAS, the Township of Randolph entered into a contract with LBR Services, LLC, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 on September 15, 2009; and

WHEREAS, LBR Services, LLC, the original contract was for a total of $4,500.00 for removal of ten tons; and

WHEREAS, the estimated tonnage to be removed from this project is closer to fifty tons, therefore changing the total to $8,140.00; and

WHEREAS, the agreement should be amended by $3,640.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with LBR Services, LLC, as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 6, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09 - Various Capital Improvements, to amend the contract with LBR Services for the Removal of Contaminated Soil at 1304 Sussex Turnpike to obtain a “No Further Action Letter” for NJ DEP in the amount not to exceed $4,500.00.

____________________________
Michael J. Soccio
Chief Financial Officer

E. Raffles

(1) On-Premise Basket Raffle, The Gill St. Bernard’s Parents Association, Inc., November 4, 2009, 10:00 a.m. to 3:00 p.m., Meadow Wood Manor, 451 Route 10 East, Randolph

DISCUSSION ITEMS

There were no discussion items.

OPEN TO PUBLIC

Lee Whildin, 82 Radtke Road, noted that the people in the audience interested in deer control would be likely candidates for the advisory committee. Mrs. Whildin suggested a County Parks Commission liaison be appointed to the advisory committee.

Susan Grassmyer, 22 Forest Road, noted that she was pleased with the creation of an ad hoc committee and asked if John Van Brunt will head that committee.

Manager Lovell responded that he doesn’t know at this time.

Mayor Metz responded that Mr. Van Brunt has always given every project he’s been involved with his full attention and effort. Mr. Van Brunt likely would not head the committee but would stay involved to make sure the committee accomplishes its task.

Judith Stewart, 114 Everdale Road, noted that some hunters were in her neighborhood on the Wright property preparing for a hunt. The police were called and they informed the men that they were not allowed to hunt in that area. Mrs. Stewart asked the Council to not make any further budget cuts to the annual July 4 fireworks when considering the budget for next year as she considers it an important event for the community.

Lee Whildin, 82 Radtke Road, reported that the Historical Society and Landmarks Committee is holding another bus tour and encouraged Council people to attend.

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

COUNCIL AND MANAGER COMMENTS

Deputy Mayor Alpert noted that he has a problem with deer in his neighborhood and recommended using Liquid Fence deer repellant.

Mayor Metz reported that he attended a presentation at Rutgers University where there was discussion on the economic forecast for New Jersey. Unfortunately the outlook is not good at this time.

Manager Lovell noted that he sent an email to the Council regarding a series the Daily Record is running on property taxes and municipal government. He and Mike Soccio noted that some of the comparisons are incorrect. The Daily Record did not go through the process of equalizing tax rates. When the tax rates are equalized, Randolph comes out in the middle of the county in regard to taxation.

Councilman Algeier suggested sending that information to the School Board.

EXECUTIVE SESSION

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

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

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

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

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

A. Personnel

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

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

Councilwoman Mitsch made a motion to move into Executive Session at 9:20 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

ADJOURNMENT

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

_____________________________
Donna Marie Luciani
Township Clerk

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

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

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

ABSENT: Councilwoman Price

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

Manager Lovell noted that a couple of weeks ago he was notified by Police Chief Mason of a problem in the department stemming from a DWI stop. As the Manager was leaving town, he notified Mayor Metz, Deputy Mayor Alpert, and Councilman Algeier of the problem. It’s an on-going investigation at this time and the Manager is not authorized to share that information.

In summary:

An individual stopped for DWI indicated he was a cousin of a police officer
The arresting police officer contacted a long-time officer and they met to decide how to handle the situation
They instructed a third officer to revise the computer entry
The long-time officer involved is suspended and will be allowed to retire
The arresting officer involved will likely be terminated
The officer who changed the computer entry will face suspension
Other officers may be receiving verbal reprimands
The officer who’s cousin was stopped on the DWI charge will likely be suspended as well
The shift sergeant was not in the building when this occurred and is not under investigation at this time

A second issue in the police department concerns an officer serving a suspension at this time for obtaining tag information of an individual involved in a family dispute.

Do not release.

Mayor Metz asked the Manager and Township Clerk to leave so that they could begin discussing their annual evaluations. Councilman Algeier provided the following minutes for the remainder of the meeting:

Council members exchanged information concerning the Manager’s performance during 2009, the achievement of his goals, and a general historical perspective as to how the manager has performed over the past few years. Specific events that were discussed included the extent to which Mr. Lovell performed in accordance with council directives and expectations. Not all of the council members had completed their rating sheets as yet, and while some of the rating sheets received thus far were discussed, a later meeting will delve into that in more detail.

Mrs. Luciani’s performance was also reviewed, including her interactions with the council members throughout the year. Additionally, the general overall performance of her office was discussed.

_________________________
Donna Marie Luciani
Township Clerk