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

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

Minutes: April 20, 2006

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Algeier. 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 Morris County Daily Record and the Randolph Reporter on January 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

PRESENT:
Councilman Huston
Councilman Manning (arrived 8:30 p.m.)
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

ABSENT: Councilman Napoliello

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

Mayor Algeier led the Pledge of Allegiance.

PROCLAMATION—VETERANS OF FOREIGN WARS 2006—BUDDY POPPY SALE

WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and

WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fundraising campaign are used exclusively for the benefit of disabled and needy veterans and the widows and orphans of deceased veterans; and

WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars, the Auxiliary and the American Legion Auxiliary Unit 391 of Mine Hill is eloquently reflected in the desire to “Honor the Dead by Helping the Living”.

NOW, THEREFORE, I, Gary Algeier, Mayor of the Township of Randolph, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies from May 1 through May 31, 2006, which are symbols of appreciation for the sacrifices of our honored dead.

FURTHER, I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

COUNCIL AND MANAGER REPORTS

Councilman Huston reported that he attended a Community Services Committee meeting where they discussed the program where volunteers assist residents who request help with yard work or housework. He believes there is overlap between the Community Services Committee and the Senior Advisory Committee. The Councilman senses that the Community Services Committee needs to be somehow rejuvenated. He suggested they contact some other civic-minded organizations in town. Councilman Huston complimented Tom Russo for assembling grant information on Green Acres. He asked if the town were eligible to receive $475,000.00 grant annually. The Councilman reported that the Senior Picnic will be June 20, 2006.

Manager Lovell responded that he has heard a variety of answers and he will research the correct information.

Councilwoman Price reported that the Parade Committee unanimously elected Ed Zensinger as the Grand Marshall. There are already a number of bands lined up to perform at the parade. Information and registration forms for the parade can be found on the town website and the Randolph Reporter. The Board of Health met and offered recommendations regarding the equine definition and the jurisdiction of the Board of Health in terms of noise, odors and flies. Landmark issues are being assigned for Eagle Scout projects. The Landmarks Committee is viewing the Master Plan to ensure that it coincides with the role of the Historical Society and the Landmarks Committee.

Deputy Mayor Obremski asked about a complimentary email from a resident concerning the website.

Manager Lovell stated the resident was pleased to see a feature that allowed her to blow-up a section of the trail map enabling her to see the details more clearly.

Deputy Mayor Obremski reported that the Traffic Advisory Committee is concerned with potential traffic problems on Millbrook Avenue getting into and out of the school campuses and wonders if there is a concrete plan in place to address the situation. October is going to be designated as “Slow Down Randolph Month” and there will be educational programs to enlighten citizens to slow down. Residents can download a Traffic Enforcement Request Form from the website, submit them, and then the Committee will work with the Police Department to determine the safety of the roads.

Mayor Algeier noted that the Economic Development Committee has requested a new Council Liaison. Deputy Mayor Obremski is willing to be the liaison, however the EDC meets on the same evening as the Parks Committee. Mayor Algeier suggested the possibility of asking the EDC to change their meeting night to the third Tuesday of the month.

Mayor Algeier reported that he attended a Morris County League of Municipalities Meeting where he discussed the issue of stacking with mayors from other towns. The Mayor came away from these discussions with a couple of ideas, which he forwarded to the Township Manager and Township Attorney. Also at the meeting, the Executive Director of the Morris County Park Commission stated that Randolph is the recipient of the prestigious Grand Horizon Award. The Mayor asked if the Randolph Chamber of Commerce could be a link into the town’s website. He also suggested that the next opening on the Economic Development Committee be filled by a member of the Chamber of Commerce.

Manager Lovell believes the Chamber of Commerce already provides a link to Randolph’s website, but he will make certain that it does. The Manager reported that the Public Works Department is working on the water line extensions and receiving bids for other work to be done. The Public Works Department will be making a presentation at the next Council meeting. The Police Chief is conducting a review of his department and will present his findings to the Manager.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reported that the Community Services Committee welcomes suggestions from the Council for projects they could undertake. She summarized what the Community Services Committee does.

Jim McConnell, 45 Carroll Road, asked about the traffic light at Dover-Chester Road and Morris Turnpike.

Manager Lovell reported that the light will be activated in a few days.

The Mayor closed the public portion of the meeting.

Councilman Huston noted that the Community Services Committee no longer handles the welfare responsibilities for the township, so perhaps that is why the Committee may be less busy than they used to be.

DISCUSSION ITEMS

C. Route 10 Billboards

Manager Lovell reported that bids had gone out for the Route 10 billboards, however no bids were received. He plans to go back out to bid as well as to meet with representatives from Viacom to hear what they have to say. He has shared the information with Viacom that if the billboards are not creating any revenue for the town, then the Master Plan calls for the removal of the billboards.

Mark Green from CBS Outdoor and Christopher Weiss from Viacom were present and explained which billboards belonged to his company.

ORDINANCES

A. Introduction

(1) An Ordinance Authorizing and Accepting the Conveyance of Block 86, Lot 75—Mishkin Property

Manager Lovell reported that the agreement has been modified in accordance with the Council’s last Executive Session. The hearing for the ordinance is scheduled for May 4.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING AND ACCEPTING THE CONVEYANCE OF BLOCK 86, LOT 75, AS SHOWN AND DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY, FROM THE OWNER THEREOF” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on May 4, 2006, 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 with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

AYES:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT: Councilman Napoliello

COMBINED ACTION RESOLUTION

A. Refunds/Adjustments Resolutions

Councilman Huston asked about Item E and if the electrician was paid door-to-door or for work done on the job.

The Manager responded that minor repairs are undertaken by our own maintenance employee. For jobs that are beyond his expertise, electricians bid on the work to be done.

Councilwoman Mitsch asked about Item D and how much money has been spent so far on the Nitti property survey.

Manager Lovell responded that no money has been spent as yet. Nitti provided a survey and now it must be brought into conformance with state requirements.

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

AYES:
Councilman Huston
Councilman Manning—all items except Item D
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Manning—Item D only

ABSENT: Councilman Napoliello

(1) Refunding Overpayment of Registration Fee for Teen Camp to Nirmala Raman—$130.00

R _____

WHEREAS, Nirmala Raman registered for Teen Camp and paid the registration fee in the amount of $845.00; and

WHEREAS, the registration should have been for Day Camp and the fee is $715.00.

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 the difference in the amount of $130.00 be refunded to Nirmala Raman, 3 Buckingham Court, Randolph, NJ 07869.

B. Authorizing Extension of a Lease Agreement for Stonybrook Day Camp Until September 30, 2013

R _____

WHEREAS, the Township of Randolph (“Township”) solicited bids on or about June 26, 2003 under N.J.S.A. 40A:12-1 et seq. to lease certain property particularly described as a portion of Block 21, Lot 149, and a portion of Block 5, Lot 19, on the Official Tax Map of the Township; and

WHEREAS, the Township awarded said Lease to Roger Black (“Tenant”); and

WHEREAS, the Township entered into a certain Lease Agreement, dated September 4, 2003, with the Tenant for an initial term of five (5) years, terminating on September 30, 2008 (“Original Lease Agreement”); and

WHEREAS, pursuant to Section 24 of said Original Lease Agreement, the Tenant retained the right to request a Lease extension for an additional five (5) years to commence on October 1, 2008 and terminating on September 30, 2013, for an annual rental of $60,001.00 plus the obligation to expend “Special Improvement Funds” as defined in Section 24 of said Original Lease Agreement; and

WHEREAS, the Township desires to authorize the extension of the Original Lease Agreement to September 30, 2013, under the terms and conditions as set forth in Section 24 in the Original Lease Agreement which provides for the increase of rent as set forth above in the payment of additional Special Improvement Funds as set forth therein.

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

1. The Township hereby authorizes the Lease Extension and hereby extends a certain Lease Agreement by and between Roger Black and the Township of Randolph, dated September 4, 2003 for the period October 1, 2008 and terminating on September 30, 2013 for an annual rental of $60,001.00 and the payment of Special Improvement Funds as set forth therein in the amount of $20,000.00 per year for the first three years (2008 through 2011) and $10,000.00 per year for the last two years (2012 and 2013).

2. The Lease Extension set forth herein shall be in accordance with the terms and conditions of the September 4, 2003 Lease and its extension requirements.

3. This Resolution shall take effect immediately.

C. Authorizing Professional Services Agreement With Suburban Consulting Engineers, Inc., for General Consulting Engineering Services—Not to Exceed $15,000.00

R _____

WHEREAS, the Township of Randolph has a need to acquire general consulting engineering services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to other services provided by Suburban Consulting Engineers, Inc., this year will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one (1) year; and

WHEREAS, Suburban Consulting Engineers, Inc., has submitted a proposal on February 27, 2006, indicating they will provide the general consulting engineering services for the Township of Randolph, not to exceed $15,000.00; and

WHEREAS, Suburban Consulting Engineers, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Suburban Consulting Engineers, 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 Suburban Consulting Engineers, Inc., 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 Suburban Consulting Engineers, Inc., as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 20, 2006

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 2006 Budget, Water and Sewer—Other Expenses, to award a contract to Suburban Consulting Engineers, Inc., for general engineering services in the amount not to exceed $15,000.00

_______________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing Professional Services Agreement with Paulus, Sokolowski and Sartor, LLC in Connection with Open Space Acquisitions on an As-Needed Basis—Not to Exceed $15,000.00

R _____

WHEREAS, there exists a need to enter into a professional services agreement with Paulus, Sokolowski and Sartor, LLC to provide professional surveying services in connection with Open Space Acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional surveying services will not exceed fifteen thousand dollars ($15,000.00); 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; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Paulus, Sokolowski and Sartor, LLC.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 20, 2006

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 Paulus, Sokolowski and Sartor, LLC to provide professional surveying services in connection with Open Space Acquisitions on an as-needed basis in the amount not to exceed $15,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing an Award of Contract for 2006 Electrical Services With Optional Second Year—$62.89 Per Hour Plus Zero Percent Markup on Materials and Equipment

R _____

WHEREAS, the Township of Randolph wishes to award a contract for 2006 Electrical Services as needed; and

WHEREAS, bids have been advertised and received in accordance with the “Local Public Contracts Law” on April 11, 2006; and

WHEREAS, the Township of Randolph has determined the low bidder to be Technica, Inc., Kinnelon, New Jersey, at a cost of $62.89 per hour plus zero percent markup on materials and equipment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded for 2006 Electrical Services to Technica, Inc., Kinnelon, New Jersey, at a cost of $62.89 per hour plus zero percent markup on materials and equipment for the contract period May 1, 2006, through April 30, 2007, with an optional second year through April 30, 2008.

DISCUSSION

A. Board of Health Recommendations—Zoning Ordinance Amendments Regarding Maintaining Horses, Ponies, Mules and Donkeys in Randolph

As a result of a resident dispute over the housing of a donkey in town, the Board of Health was asked to make recommendations to the existing ordinance. The Board of Health suggested the term “equine or equus” be inserted into the ordinance, grand-fathering in non-conforming properties, and incorporating the New Jersey horse-keeping guidelines. The Manager suggested that language be incorporated stating the animal be located as close to the owner’s main structure as it is to the neighboring property’s main structure. Mayor Algeier had asked about the possibility of requiring the animals be neutered. The Manager researched that aspect with two educational facilities, but was unable to come up with a definitive response.

Councilman Huston believes that this is a zoning issue. Before anything formal gets written, he suggested soliciting farm animal owners residing in town to see if the new regulations would affect them. He suggested doing more research before anything is formalized.

After much discussion centering on properties less than two acres, residential areas versus farms, the number of animals allowed, and the replacement of animals for grandfathered properties, the Manager stated that he would continue to work on the ordinance.

B. Developer Contact—Zion Property in Mount Freedom

Manager Lovell reported that a resident from Randolph contacted him with information that he is developing a relationship with Mr. Zion and would like to design a project and meet with the Town Council.

Members of the Council expressed their opinion that in the past, Mr. Zion has wanted a project that was too dense for the town. If the project he is proposing is dense like the others, the Council members would not be interested in pursuing the development. They expressed the sentiment that the developer is welcome to come before the Council, but it should be stated to him in advance that the town would not likely approve a dense project on this property.

D. Sussex Turnpike Meeting—April 24

Manager Lovell reported that he would be attending a meeting at the County Engineer’s Office on April 24. Councilman Napoliello and Mayor Algeier plan to attend the meeting as well.

E. Tour of Town Facilities and Development Projects

The Manager and Council will be taking a tour of the Township to view projects under development in May. The Manager will email the Council members with possible dates and will finalize the date based on their response.

COUNCIL COMMENTS

Councilman Huston had a call from a resident complaining about graffiti on a concrete wall at the corner of Sussex Turnpike and Brookside Road.

Mayor Algeier noted that Councilman Napoliello was absent from the meeting because he was attending a NJ Conference of Mayors.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, believes that the town needs to develop more places for senior citizens to move to when they decide to sell their homes similar to existing housing in Woodmont Condominiums. She also feels that Randolph is growing in a good direction and has good leadership.

EXECUTIVE

Councilwoman Price made a motion to move into Executive Session. Councilman Huston seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Manning
Councilwoman Mitsch

ABSENT: Councilman Napoliello

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 this meeting.

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

a. Del Ben

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

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

Councilman Manning made a motion to come out of Executive Session. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT: Councilman Napoliello

ADJOURNMENT

Mayor Algeier adjourned the meeting at 10:13 p.m.

Donna Marie Luciani
Acting Township Clerk