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

Minutes: September 3, 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 9:00 p.m.)
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

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

Mayor Metz led the Pledge of Allegiance.

RECOGNITION OF LT. DONALD SMITH

Manager Lovell noted that Lt. Smith is retiring from the Police Department and read the following letter of hire for Lt. Smith into the record:

“Dear Mr. Smith: I’m pleased to advise you of your appointment to the position of Police Dispatch for the Randolph Police Department effective February 9, 1984, at a starting salary of $11,400.00 per annum. Chief McLagan or Captain Lizun will instruct you in the duties of your position. I should like to congratulate you on your appointment and wish you success in your position with the Township. Very Truly Yours, Peter Braun, Township Manager of Randolph.”

Manager Lovell provided background on Lt. Smith’s service to Randolph.

Chief Mason and officers from the Police Department were in attendance to congratulate and thank Lt. Smith for over 25 years of dedicated service to the Township of Randolph. Chief Mason summarized Lt. Smith’s awards and accomplishments during his years in Randolph, including the following:

Lt. Smith began his career with the Police Department in February 1984 as a police dispatcher
Within a year, he was hired as a patrolman and attended the Morris County Police Academy
After seven years in the patrol division he was assigned to the Traffic Safety Bureau
In 1995 he became a part of the Emergency Services Unit
Lt. Smith played an important role in the investigation and prosecution of the individual responsible for the fatal accident on Dover Chester Road and Route 10 that killed Mrs. Wright—the case was precedent-setting as it set up additional cases for prosecution
In 1997 he became part of the Community Services Unit and was instrumental in developing the DARE program
He instructed DARE for eight years and was selected by the State of New Jersey to become a DARE mentor
He is a member of the Municipal Alliance Committee as well as the Department’s Community Rap Program
In 2002 he was promoted to Sergeant and ran a patrol squad until being transferred to the Records/Training Department where he gained the reputation as the “go to guy”
In 2007 he was promoted to Lieutenant and became third in command within the Police Department
He has received numerous awards during his career, including an Academic Achievement Award, 1 Ready Commendation, 1 Chief’s Award, 3 Life Saving Awards, and 5 Honorable Service Awards

Chief Mason stated that it has been an honor to serve with Lt. Smith and wished him success in his new career.

Lt. Smith stated that it was a pleasure to work for the Randolph Police Department and wished to publicly acknowledge and thank his wife and family for their constant support and for the sacrifices they have made over the years.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that Lt. Smith is highly commendable. She believes Randolph is lucky to have the Council/Manager form of government as well as a professional police department and wonderful volunteers staffing the fire and rescue departments.

Mark Goldstein, 12 Hillcrest Drive, acknowledged the efforts of Mr. Grassmyer who formed a group of concerned citizens for deer control. Mr. Goldstein wanted to make the Council aware of the growing deer problem due to overpopulation and encouraged the Council to form a committee dedicated to researching and implementing methods to effectively decrease the deer population.

Tom Gihorski, 21 Sunset Drive, noted that while most of his road has been repaved, a small portion of it has not. He noted that he has been corresponding with the Manager and several Council members, and he asked the Council for a verbal commitment that the remaining portion will be paved.

Manager Lovell noted that he responded to Mr. Gihorski’s request for information within 24 hours of that request. The Manager reiterated that each year the Township goes through a process of ranking roads and determining which roads are most in need of repair. In many cases entire streets are not repaved. The Township will once again undertake the same process in the spring and will recommend to the Council which roads need to be repaired. As such, Manager Lovell can not commit to repaving the rest of Sunset Drive at this time.

Mr. Gihorski suggested that some of his neighbors might view the partial road paving as a situation where the “haves” get a new road while the “have nots” don’t.

Councilwoman Mitsch stated that the same situation occurred where her road was partially paved while her section of road was not. She noted that Randolph has an excellent DPW department and she relies on them to make accurate assessments on road conditions. Councilwoman Mitsch stated that road resurfacing in the Township has nothing to do with material wealth of the homeowners.

Councilman Napoliello stated that the Council approves the road resurfacing budget based on the information provided by the DPW and Manager. The Council does not independently decide which roads get paved. He reiterated Councilwoman Mitsch’s statement that it is not a matter of “the haves versus the have nots” when it comes to deciding which roads get repaved. Due to the current recession and the economic hits given to municipalities by the state, the budget has been decreased so as not to increase property taxes. Therefore, only the streets or portions of streets that are in dire need of repair have gotten on the list from the DPW.

Mayor Metz noted that this is the first year in a very long time that the Council has bonded a portion of the road resurfacing program, in part due to the low interest rates available, in order to repave as many miles of roadway as possible.

Mr. Gihorski again asked for a verbal commitment from the Council.

Councilwoman Mitsch reiterated that she is unable to make such a commitment without first seeing the report of road conditions from the DPW next spring. She assured Mr. Gihorski that his road will be included in that assessment, as are all the roads in Randolph. The Councilwoman noted that the budget allows for only seven or eight miles of roadway to be resurfaced out of a total inventory of 156 miles of roadway.

Manager Lovell echoed those sentiments that he can not make such a commitment at this time and that Sunset Drive will be re-evaluated along with the rest of the roads.

Mayor Metz noted that, in response to Mr. Gihorski’s email to him, he did go out and look at Sunset as well as other roads in town. He noted that there were other roads in town that appear to be in worse shape than the remaining portion of Sunset. The Mayor relies on the information provided to the Council by the DPW.

Councilwoman Mitsch stated that the commitment from the Council is that there is a process in place and Sunset Drive will be included in that process early in 2010. The Council can not commit to any further action at this stage.

Manager Lovell noted that next spring, there will be an analysis of all of the roads in town and those roads in the worst shape will be listed for resurfacing. A road program will be undertaken that will resurface as many miles of roadway as possible. Every spring there is an ordinance presented to the Council listing those roads to be resurfaced. It is a public process.

Mr. Goldstein apologized to the Council and the Manager for speaking out of turn due to his enthusiasm about the deer problem.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price noted that the Board of Health is working with the school district to set up a vaccination program for the H1N1 vaccine. There is information on the web site noting symptoms of the flu and suggesting what parents should do if their child exhibits any of those symptoms.

Councilman Obremski noted that the volunteer sub-committee looking at the intersection of Route 10 and Dover Chester Road will be presenting their draft reports to the Traffic Advisory Committee shortly. He will provide copies of that report to the Council once it has been filed.

Deputy Mayor Alpert made a motion to appoint Michael Laudone as a student member on the Landmarks Committee. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

The Deputy Mayor stated that the Landmarks Committee discussed the designation of the Shongum Club House and the Trowbridge Brundage House. The Landmarks Committee will be participating in the Country Fair.

Mayor Metz noted that he attended a concert at the Library which was well attended and was run very well. He and the Deputy Mayor attended a ribbon cutting ceremony at the new Randolph Tennis Center. The Mayor attended a VFW picnic where he was able to chat with veterans as well as with parents who have children currently serving. The Morris County Economic Development Committee is undertaking a program whereby they will send Randolph businesses a questionnaire asking for input as to what brought their business to Randolph and what Randolph can do to keep them here. A report will be compiled, it will be given to the local Economic Development Committee, and then a presentation made to the Council. The Mayor attended a national conference where former-President Bush was a featured speaker. In his speech, Mr. Bush wished the current President success.

Councilman Napoliello noted that the Country Fair will be held on October 3.

Manager Lovell contacted the Township Manager in Mendham for an update on the status of the Seeing Eye project. As anticipated, Green Acres is a stumbling block but there appears to be some people from Green Acres who are willing to work with us. The Manager senses that eventually the project will be approved and that people understand the significance of shared services. The Manager noted that an article appeared in the Star Ledger regarding a five-town meeting that was held with Managers and Administrators. A Freeholder was in attendance at that meeting and reported on it at the Freeholders’ Meeting, and that is why there was a press release. The meeting concerned the anticipated merge with Roxbury for health and construction services and the smaller towns serviced by both Randolph and Roxbury. All of the towns concerned are interested and positive. The Manager anticipates entering into a Memorandum of Understanding that will become a Shared Services Agreement in late 2010.

Mayor Metz stated that he was interviewed by Cablevision and they discussed how Randolph’s animal control program is so successful under Norma Jacobs, due in large part to the volunteers and the Friends of the Pound.

DEER CONTROL—RANDOLPH CITIZENS FOR DEER CONTROL

Manager Lovell stated that he has a document from Sue Grossmyer and the Concerned Deer Control Advocates of Randolph and he thanked her for her efforts. The Manager made the following points regarding Randolph’s efforts to control the deer population:

About four years ago Randolph began a dialog with the Morris County Park Commission regarding opening James Andrews Park for a deer hunt
The first deer hunt in James Andrews occurred two years ago and was unsuccessful
Management of the deer hunt was moved to the County Natural Resources Department and last year they coordinated a successful hunt at James Andrews with 25 deer taken during the bow hunt
This year a portion of Hidden Valley Park will be added to the James Andrews hunt which will be held from November 2 to December 24 and December 28 to February 19 on approximately 400 acres
Next year the James Andrews Park hunt will include Saturdays as well as weekdays
Trails will remain open this year during the hunt
This year Randolph has combined with an existing shot gun hunt with Mendham and will occur in the Clyde Potts Combs Hollow area on 650 acres of land
The dates for the Randolph/Mendham hunt are December 8, 10, 11, 18, January 2, 22, 27, 30, and February 3
A bow hunt is being developed in central Randolph in the Brundage Park area on approximately 411 acres and the dates will be announced shortly
A committee which includes experienced hunters is working on this bow hunt with John Van Brunt in order to make this hunt a success
The Manager is considering other areas in town for future hunts
While it can not be determined with certainty how many deer will be culled from these combined hunts, the Manager expressed that hunts grow with each year as modeled by the success of the Lewis Morris hunt in Morris County
The Manager is looking for input from citizens as to how to best drive the deer from residential developments to hunting areas
The Manager cautioned that while there are many who are in favor of a deer hunt, there are also those residents who oppose a hunt
At the conclusion of each of the hunts, hunters will be required to fill out a survey which will help to determine how often they were out in the field hunting

Councilwoman Mitsch noted that Randolph has dramatically increased the area of scope for the hunt this year and that Randolph his making a significantly greater commitment of resources and geographic space for the hunt.

The Mayor opened the meeting to the public for comment.

Barbara Pecca of Iron Forge Lane noted that the deer in her area are destroying the woods and also pose a health risk. While she doesn’t believe the hunt in James Andrews will be successful in reducing the herd, she is glad that the township is increasing the number of hunts.

A 26-year resident of Randolph noted that he was born and raised in Morris Township. He believes that while no one wants to kill an animal, the hunt is a humane method to control the deer population since overpopulation leads to starvation. The deer in his area are eating plants they have not traditionally eaten before because there are too many deer vying for food. He suggested a law be placed on the book prohibiting people from feeding deer.

Councilman Obremski noted that the deer problem is not going to be solved this evening and is hopeful that with Randolph’s increased efforts the town will start to see positive effects. He fully supports the formation of a citizen committee and looks forward to hearing their ideas.

Manager Lovell stated that he will draft a resolution for the next council meeting and begin the process of determining an appropriate size for the committee.

Councilman Algeier recalled the opposition to the first hunts that took place in Morris County. The first year of the hunt was very thin, however it has been more successful each year and the program developed, and now understory is starting to reappear at the county parks. The Township Council wants to protect the forested areas in town and that will not happen if the deer are allowed to proliferate as they do. Randolph will do the best job possible to grow a successful program.

Mr. Goldstein suggested asking other surrounding municipalities that have successfully reduced their deer population for advice.

Judith Stewart, 114 Everdale Road, supports a deer hunt and believes there should be an approximate count of the deer in the area so that we will know if the hunts are ultimately successful. She expressed her concern that the deer meat be used when the deer are killed.

Gerald Goldschein, 13 Old Chimney Road, supports a deer hunt and noted that the deer population has become disastrous to the woods in Randolph.

Councilman Napoliello noted that many reasons supporting a deer hunt were presented this evening. He suggested the Manager consider involving the proposed citizen committee with the Morris County Park Commission.

Mr. Goldstein thanked the Council for their efforts in expanding the hunts and advised them to err on the side of being as aggressive as possible.

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

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #22-09: Amend Fee Schedule—Creating a Uniform Health Fee Schedule Between Roxbury and Randolph

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A, FEE SCHEDULE, AND CHAPTER 24, HEALTH AND SANITATION, ARTICLE VIII, MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS, 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 noted that this ordinance will bring Randolph’s fee schedule in line with Roxbury’s for the eventual merger of the departments. However, the fee for the flu vaccination program has already been advertised for $15.00, not the $20.00 fee noted in the ordinance. Therefore, he suggested amending the ordinance to reflect the $15.00 fee for flu vaccinations.

Deputy Mayor Alpert made a motion to amend the ordinance to reflect a change in the flu immunization fee from $20.00 to $15.00. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

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 AND SUPPLEMENTING APPENDIX A, FEE SCHEDULE, AND CHAPTER 24, HEALTH AND SANITATION, ARTICLE VIII, MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS, 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 amended ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Ordinance #23-09: Mid-Block Crossing Certification—Quaker Church Road

BE IT RESOLVED that an Ordinance entitled “AMENDMENT AND SUPPLEMENT TO CHAPTER 31, TRAFFIC AND VEHICLES, ARTICLE III, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTIONS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that a mid-block crossing on Quaker Church Road was never established by ordinance. This ordinance will enable the police to enforce the law that motorists yield to pedestrians in the cross-walk, thereby enhancing public safety.

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

Judith Stewart, 114 Everdale Road, stated that this ordinance is an example of local government working well.

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

BE IT RESOLVED that an Ordinance entitled “AMENDMENT AND SUPPLEMENT TO CHAPTER 31, TRAFFIC AND VEHICLES, ARTICLE III, THROUGH STREETS, STOP INTERSECTIONS AND YIELD INTERSECTIONS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” 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. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

B. Introduction

(1) Regulating Donation of Clothing Bins

Manager Lovell noted that there was Council discussion several weeks ago concerning this proposed ordinance. A number of changes suggested by the Council have been incorporated into this draft and it is being presented tonight for introduction.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO CREATE CHAPTER 47, DONATION CLOTHING BINS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY” 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 October, 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
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

Councilman Algeier noted that the Red Cross in Morristown has been unable to install a clothing bin on their property and suggested the Manager contact them and invite them to locate a bin at an appropriate site in Randolph.

(2) No Stopping or Standing—West Hanover

Manager Lovell noted that parking near the Chabad property has become an issue. Sgt. Moore met with the Rabbi at that facility and have agreed that no parking along West Hanover Avenue would put an end to this dilemma. The parking ban would begin at Sussex Turnpike and extend for 1,000 feet east of Mt. Freedom Avenue on both sides.

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 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 6th of October, 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.

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

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

NAYS: None

COMBINED ACTION ITEMS

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

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

NAYS: None

A. Refund/Adjustment Resolutions

(1) Refund Overpayment of 2009 Taxes to Shirley Kraft of 79 Arrowgate Drive—$1,970.71

R-283-09

WHEREAS, Shirley Kraft has overpaid 2009 taxes in the amount of $1,970.71 on Block 42, Lot 122.79, 79 Arrowgate 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 $1,970.71 to Shirley Kraft.

(2) Release Road Opening Cash Bond for Driveway Resurfacing on 41 South Road to George McDonough—$500.00

R-284-09

WHEREAS, the Engineering Department has received a request from George McDonough for the release of a $500.00 cash road opening bond posted for a driveway resurfacing; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on August 3, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway resurfacing 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 George McDonough, 41 South Road, Randolph, NJ 07869.

(3) Release Road Opening Cash Bond for a Driveway Installation at 28 Shongum Road to John Daddario—$500.00

R-285-09

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

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 27, 2009; and

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

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

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 John Daddario, 28 Shongum Road, Randolph, NJ 07869.

(4) Refund Overpayment of 2008 Tax Reduction for 6 Red Oak Lane to Zhang/Zeng—$5,916.69

R-286-09

WHEREAS, Zhang/Zeng have been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 199, Lot 46.11, known as 6 Red Oak Lane; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $5,916.69; 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 $5,916.69 to Zhang/Zeng.

(5) Refund Overpayment of 2009 Taxes for 5 Farmstead Court to Charles and Sherry Pollack—$2,886.98

R-287-09

WHEREAS, Charles and Sherry Pollack have overpaid 2009 taxes in the amount of $2,886.98 on Block 50, Lot 10.02, 5 Farmstead Court East; 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 $2,886.98 to Charles and Sherry Pollack.

(6) Refund Overpayment of 2009 Taxes for 47 Heritage Court to Christopher and Yvonne Mortello—$5,003.00

R-288-09

WHEREAS, Christopher and Yvonne Mortello have overpaid 2009 taxes in the amount of $5,003.00 on Block 93, Lot 38.05, 47 Heritage Court; 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 $5,003.00 to Christopher and Yvonne Mortello.

(7) Refund Overpayment of 2008 Tax Reduction for 4 Aspen Drive to Aspen Four, LLC—$4,803.32

R-289-09

WHEREAS, Aspen Four LLC has been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 18.02, Lot 4, known as 4 Aspen Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $4,803.32; 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 $4,803.32 to Aspen Four, LLC.

(8) Refund Overpayment of 2008 Tax Reduction for 1 Aspen Drive to Aspen One, LLC—$11,328.41

R-290-09

WHEREAS, Aspen One LLC has been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 18, Lot 1.06, known as 1 Aspen Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $11,328.41; 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 $11,328.41 to Aspen One, LLC.

(9) Release Escrow Funds to Hebrew Academy of Morris County—$4,523.68

R-291-09

WHEREAS, the Planning and Zoning Department received escrow funds from The Hebrew Academy of Morris County; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $4,523.68 be refunded to The Hebrew Academy of Morris County, 146 Dover Chester Road, Randolph, NJ 07869.

(10) Release Escrow Funds to A&P to Meese, Shulman & D’Arminio, PC—$1,493.75

R-292-09

WHEREAS, the Planning and Zoning Department received escrow funds from Great Atlantic & Pacific Tea; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $1,493.75 be refunded to Great Atlantic & Pacific Tea, c/o Price, Meese, Shulman & D’Arminio, PC, 50 Tice Boulevard, Woodcliff Lake, NJ 07677.

(11) Release Escrow Funds to Golf 10 Randolph—$4,230.00

R-293-09

WHEREAS, the Planning and Zoning Department received escrow funds from Golf 10 Randolph, LLC; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $4,230.00 be refunded to Golf 10 Randolph, LLC, 5 Heather Lane, Randolph, NJ 07869.

(12) Release Stabilization Bond—Block 18.02, Lot 10, to Dickerson & Dickerson, LLC—$2,500.00

R-294-09

WHEREAS, the Engineering Department has received a request from Dickerson & Dickerson, LLC for the release of a $2,500.00 cash deposit plus accrued interest posted for the completion of lawn stabilization associated with 5 Middlebury Boulevard, Block 18.02, Lot 10; and

WHEREAS, the deposit consisted of a $44,740.00 performance guarantee less $42,240.00 which was released in June of 2008, leaving a balance of $2,500.00 plus accrued interest, which was received and deposited with the Finance Department on February 29, 2008; and

WHEREAS, the applicant was required to post this deposit for the completion of lawn stabilization; and

WHEREAS, the Engineering Department has inspected the lawn stabilization 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 deposit in the amount of $2,500.00 plus accrued interest be refunded to Dickerson & Dickerson, 25-27 Dickerson Street, Suite 201, Dover, NJ 07801.

(13) Release Cash Maintenance Bond for Sanitary Sewer Facilities—Block 53, Lot 56, Heritage Village XVII—$5,907.00

R-295-09

WHEREAS, the Engineering Department has received a request from SJC Builders for the release of a $5,907.00 cash maintenance bond posted for the completion of the sanitary sewers associated with Heritage Village XVII, Block 53, Lot 56; and

WHEREAS, the deposit consisted of a $5,907.00 cash maintenance guarantee which was received and deposited with the Finance Department on December 12, 2003; and

WHEREAS, the applicant was required to post this guarantee for the completion of the sanitary sewers; and

WHEREAS, the Engineering Department has inspected the sanitary sewers 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 Ralph Carchia, Engineering Administrator, that the cash maintenance guarantee in the amount of $5,907.00 be refunded to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

(14) Credit Account for Reduction of 2009 Tax Assessment for Aspen One, Block 18, Lot 1.06—$11,577.92

R-296-09

WHEREAS, Block 18, Lot 1.06, known as Aspen One, LLC, was assessed in the 2009 Tax List for a total of $3,478,000.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $3,105,600.00 for 2009 and the judgment was not received until after the close of the 2009 book, which resulted in an overpayment of $11,577.92.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 18, Lot 1.06, in the amount of $11,577.92 to adjust for the over-assessment of $372,400.00.

(15) Credit Account for Reduction of 2009 Tax Assessment for Aspen Four, Block 18.02, Lot 4—$4,909.11

R-297-09

WHEREAS, Block 18.02, Lot 4, known as Aspen Four, LLC, was assessed in the 2009 Tax List for a total of $1,142,900.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $985,000.00 for 2009 and the judgment was not received until after the close of the 2009 book, which resulted in an overpayment of $4,909.11.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 18.02, Lot 4, in the amount of $4,909.11 to adjust for the over-assessment of $157,900.00.

(16) Refund Recreation Fees for Ice Hockey to Michael Schulstad, 47 Lake Shore Drive—$1,050.00

R-298-09

WHEREAS, Michael Schulstad registered his child, Michael Jr., for the 2009 Ice Hockey Program and paid by credit card the fee of $1,050.00; and

WHEREAS, this child will not be participating in the program due to the program being full for this particular level.

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 $1,050.00 be credited to the charge card of Michael Schulstad, 47 Lake Shore Drive, Randolph, NJ 07869.

(17) Refund Recreation Fees for Babe Ruth Baseball Program to James Piascik—$340.00

R-299-09

WHEREAS, James Piascik registered his child for the 2009 Junior American Legion (Babe Ruth) Program and paid the fee of $340.00; and

WHEREAS, his child will not be participating in the program due to children being cut from the program due to too many sign-ups in compliance with the American Legion rules.

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 $340.00 be refunded to James Piascik, 10 Sandra Lane, Randolph, NJ 07869.

(18) Release Soil Movement Bond to Mt. Fern Methodist Church—$4,805.00

R-300-09

WHEREAS, the Engineering Department has received a request from the Mt. Fern Methodist Church for the release of a $5,000.00 cash deposit posted for the completion of soil movement associated with the church expansion; and

WHEREAS, the deposit consisted of $5,000.00 which was received and deposited with the Finance Department on August 11, 2006; and

WHEREAS, the applicant was required to post this deposit for the completion of soil movement; and

WHEREAS, the Engineering Department has inspected the soil movement 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 deposit in the amount of $5,000.00 less $195.00 in legal expenditures which equals $4,805.00 be refunded to the Mt. Fern Methodist Church, 443 Quaker Church Road, Randolph, NJ 07869.

(19) Release Police Detail Escrow to Tilcon—$1,278.00

R-301-09

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the Detail work has been completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

Tilcon $1,278.00

B. Authorizing Transfer of Title of a 2005 Crown Victoria to the Board of Education for $100.00

R-302-09

WHEREAS, the Township of Randolph has a surplus 2005 Crown Victoria, VIN #2FAFP71W65X173487; and

WHEREAS, the Board of Education is in need of a vehicle to replace one of their existing inventory; and

WHEREAS, the Township will transfer title of this vehicle to the Board of Education for the sum of $100.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township transfer the title of the 2005 Crown Victoria, VIN #2FAFP71W65X173487 to the Randolph Township Board of Education for $100.00.

C. Authorizing Mayor to Execute Minor Amendment to the NJ DEP TWA Permit for the Sanitary Manhole at Thomastown Court in Mine Hill

R-303-09

WHEREAS, the Randolph Township Council wishes to authorize the Mayor to execute a minor amendment to the NJ DEP TWA permit for the sanitary manhole at Thomastown Court in Mine Hill.

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 Consent Agreement.

D. Authorizing Award of MCCPC Contract #43 for Propane Gas to Amerigas Propane for Two Year Contract

R-304-09

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes an award of Contract #43 (Propane Gas) to Amerigas Propane for a two (2) year contract period (July 1, 2009 - June 30, 2011); and

WHEREAS, bids have been advertised for the third time and received on August 13, 2009, 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 Amerigas Propane of Stroudsburg, Pennsylvania, be awarded the contract for meeting the guidelines of the bid specifications.

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 Amerigas Propane for a two (2) year contract period beginning July 1, 2009, to June 30, 2011.

E. Authorizing Settlement of 2006 and 2007 Tax Appeals on Block 42, Lot 2—Route 10 Realty Associates

R-305-09

WHEREAS, Route #10 Realty Associates (the “property owner”), the owner of the property located at Block 42, Lot 2, on the official tax maps of the Township of Randolph, also known as 828 Route 10, has filed an appeal to the Tax Court of the State of New Jersey from the assessed value of the subject property for tax years 2006 and 2007; and

WHEREAS, the property owner filed tax appeals for the 2004 and 2005 tax years in which the assessment for each year was affirmed by the Tax Court. On appeal to the Appellate Division by the property owner, the Tax Court judgment was affirmed. The property owner then petitioned the Supreme Court for Certification; which was denied; and

WHEREAS, the subject property was sold on or about November 23, 2007, for $240,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment of the subject property for the tax years under appeal based upon such sale price which, after applying the applicable ratios for each respective tax year, will result in a total assessment of $158,900.00 (rounded) in 2006 and $143,700.00 (rounded) in 2007; and

WHEREAS, the proposed settlement for the subject property for the 2006 tax year results in a total tax refund of $41,009.53; and

WHEREAS, the proposed settlement for the subject property for the 2007 tax year results in a total tax refund of $43,050.42; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty (60) days of the date of entry of judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and should, therefore, be settled pursuant to the terms set forth herein.

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

1. The tax assessment on the subject property located at Block 42, Lot 2, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $1,608.000.00 to a total assessment of $158,900.00.

2. Upon receipt of the Tax Court judgment, the Township Tax Collector is hereby authorized to refund up to $84,059.95 to the property owner, said refund being attributable to the reduction in the assessment of the subject property for the 2006 and 2007 tax years and to be paid within sixty (60) days of the issuance of the judgment by the Tax Court of New Jersey.

3. This resolution shall take effect immediately or as otherwise provided by law.

F. Authorize Award of Professional Services Agreement—Jamen Engineering for General Professional Surveying Services—$14,000.00

R-306-09

WHEREAS, the Township of Randolph has a need to acquire Jaman Engineering 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 will exceed $17,500.00; and

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

WHEREAS, Jaman Engineering Associates has indicated they will provide the professional surveying services for an amount not to exceed $14,000.00; and

WHEREAS, Jaman Engineering Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Jaman Engineering 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 Jaman Engineering 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 Jaman Engineering 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: September 3, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Jaman Engineering Associates for Professional Surveying Services in the amount not to exceed $14,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

G. Authorize Amendment to Professional Services Agreement—Robert Michaels & Associates—$5,000.00 Totaling $12,900.00

R-307-09

WHEREAS, there exists a need to amend the Professional Services Agreement with Robert Michaels & Associates for the Initial COAH Analysis; and

WHEREAS, the cost for such amendment will not exceed $5,000.00 for a new total of $12,900.00; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that Amendment #1, not to exceed $5,000.00 for a new total of $12,900.00, be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 3, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the Housing Trust Fund to amend the contract to Robert Michaels & Associates for the Initial COAH Analysis in the amount not to exceed $5,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing Professional Services Agreement—Ecolsciences, Inc., to Provide Environmental Engineering Services for Open Space

R-308-09

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 will exceed $17,500.00; and

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

WHEREAS, Ecolsciences, Inc. has indicated they will provide the environmental engineering services for open space in an amount not to exceed $10,000.00; 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: September 3, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Ecolsciences, Inc. for Environmental Engineering Services for Open Space in the amount not to exceed $10,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

I. Endorsing the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Act of 2009

R-309-09

WHEREAS, continued investment in open space, farmland and historic preservation is vitally important to the state as it enhances New Jersey’s economy and health, safeguards its remaining natural, agricultural, recreational and cultural resources, and preserves its character; and

WHEREAS, New Jersey continues to face incredible pressure from development, losing 50 acres of open space daily in recent years to new development projects; and

WHEREAS, protecting open spaces and improving community parks throughout the state, including urban areas, supports New Jersey state and local economies by stabilizing local property taxes and revitalizing communities; and

WHEREAS, the Garden State Preservation Trust, the financing authority for the Green Acres, Blue Acres, Farmland Preservation, and Historic Preservation programs, is virtually depleted; and

WHEREAS, on November 3, 2009, the voters of New Jersey will be asked to approve the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Act of 2009 which authorizes the state to issue $400 million in bonds to fund New Jersey’s preservation programs for three years; and

WHEREAS, passage of the Bond Act, which will equate to $10.00 per household per year, is desperately needed to fund the continued protection of New Jersey’s natural areas and cultural sites while a long-term funding solution for the Garden State Preservation Trust is determined and secured.

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

1. We support the passage of the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Act of 2009.

2. We encourage the voters of New Jersey to vote yes on the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Act of 2009 on November 3, 2009.

3. The Municipal Clerk is hereby authorized to provide a copy of this Resolution to the following:

Duly authenticated copies of this Resolution shall be transmitted to: The Honorable Jon Corzine, Office of the Governor, PO Box 001, Trenton, NJ 08625; State Senators, State Assemblypersons; the Land Conservancy of New Jersey, 19 Boonton Avenue, Boonton, NJ 07005; Keep It Green, c/o NJ Audubon Society, 142 West State Street, 4th Floor, Trenton, NJ 08608; daily and weekly newspapers.

J. 2009 Budget Amendments—Grant Awards

* New Jersey Health Officers Association—Emergency Preparedness Grant—$2,500.00

R-310-09

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2009 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $2,500.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: New Jersey Health Officers Association—Emergency Preparedness Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $2,500.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: New Jersey Health Officers Association—Emergency Preparedness Grant

* Wal-Mart Foundation—Community Grant—$500.00

R-311-09

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $500.00, which item is now available as revenue from:

SECTION II

BE IT FURTHER RESOLVED that a like sum of $500.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: Wal-Mart Foundation—Community Grant

* State of New Jersey—Over the Limit Under Arrest—2009 Statewide Crackdown Grant—$6,000.00

R-312-09

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $6,000.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Over the Limit Under Arrest—2009 Statewide Crackdown Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $6,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Over the Limit Under Arrest—2009 Statewide Crackdown Grant

* State of New Jersey—Click It or Ticket Enforcement Grant—$4,000.00

R-313-09

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $4,000.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Click It or Ticket Enforcement Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $4,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Click It or Ticket Enforcement Grant

* State of New Jersey—Municipal Court Alcohol Education, Rehabilitation Enforcement Fund—$1,809.97

R-314-09

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $1,809.97.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund

SECTION II

BE IT FURTHER RESOLVED that a like sum of $1,809.97.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund

* State of New Jersey—Clean Communities Grant—$44,509.40

R-315-09

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2009 in the sum of $44,509.40, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—2009 Clean Communities Program

SECTION II

BE IT FURTHER RESOLVED that a like sum of $44,509.40 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—2009 Clean Communities Program

K. Raffles

(1) Off-Premise Merchandise Raffle, Long Valley Ice Hockey Club, Inc., October 2, 2009, at 7:30 p.m., Aspen Ice, 16 Aspen Drive, Randolph

(2) Tricky Tray, Randolph Rotary, October 3, 2009, Randolph Fall Festival, 10:00 a.m. to 4:00 p.m., 502 Millbrook Avenue, Randolph

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, commented on the anticipated shared services agreements between Randolph and surrounding municipalities and noted that Randolph has had a long-standing shared services relationship with Rockaway.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier attended a Safety Committee Meeting and reported that the work force is doing an excellent job of performing their duties in a safe manner. Very few accidents were deemed preventable. The Loss Control Consultant reported that staff is performing their jobs properly and using the proper safety precautions and equipment.

Manager Lovell noted that he receives a lot of compliments about the park and trail system in Randolph.

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. East Coast Sanitation Contract
b. Position of Constable
c. Chabad

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 Alpert made a motion to move into Executive Session at 10:05 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 Alpert
Mayor Metz

NAYS: None

ABSENT: Councilwoman Mitsch

Councilman Obremski made a motion to return to Open Session at 10:35 p.m. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

RECUSED: Deputy Mayor Alpert

ADJOURNMENT

The Mayor adjourned the meeting at 10:36 p.m.

_____________________________
Donna Marie Luciani
Township Clerk

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

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

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

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

East Coast Sanitation Contract

Manager Lovell reported that East Coast Sanitation was the sole bidder last year on the dumpster container service contract in Randolph. About a month ago he was notified of a judgment against them for $2.5 million and that payments would be distributed. Feeling that the company would go broke, he contacted the performance bond company and indicated that he would expect them to take over the contract immediately.

Manager Lovell touched on two specific items in the contract. One, if East Coast Sanitation missed four consecutive collections they would be in violation. Two, the contract requires them to provide a replacement performance bond for next year’s contract by September 1. That has not happened and they are now in violation of the contract.

Due to the lengthy turn-around time to re-bid and award a contract, the Manager has instructed Mr. Buzak’s office to begin the process of notifying and recalling the performance bond for failure to honor contractual obligations. The bond company has indicated that on very short notice they are prepared to come in with another contractor to serve the town if necessary.

In the past the Manager has been concerned with the lack of bidders for the contract and did some research as to why this happens. The contract currently calls for trucks to sometimes go to the tipping center with only a partial load, which is very inefficient. Records have been kept over the last several years and it is known what the average tonnage is for garbage, and so future contracts will reflect the tonnage and allow trucks to fill up in other towns, thereby being more effective. This should improve the bidding situation.

Constable Position

Deputy Mayor Alpert noted there has been a request from an individual who wishes to be appointed as constable. He noted that old statutes have constables as police officers with full authority but none of the training and unregulated. The Deputy Mayor believes these statutes should no longer be on the books and is concerned that appointing a constable would create a tremendous liability for the township.

Ms. Gallo noted that in doing research on the subject, it is an archaic office that no one really uses anymore. The duties in the statute are not well defined. County constables differ from municipal constables. In summary, police officers can do everything that a constable can and they are already covered under insurance. A municipal constable would have authority county-wide.

Councilman Algeier noted that the only reason he could foresee hiring a constable would be to provide court security at a much lower rate than other officers receive.

Ms. Gallo cautioned that you must hire at least two constables.

Manager Lovell noted that when the constable position was retired in 2002, there was much Council discussion on the issue.

Chabad

Do not release.

_________________________
Donna Marie Luciani
Township Clerk