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 6, 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.

Mayor Algeier led the Pledge of Allegiance.

PRESENT:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

ABSENT:
Councilman Manning
Councilwoman Price

Also present: Township Manager John Lovell and Township Attorney Buzak

COUNCIL AND MANAGER REPORTS

Councilman Huston reported that the MAC Committee has money in an account from an Ad-Hoc Committee. He has been asked to find out how many accounts MAC has with the town and how much money is in those accounts.

Manager Lovell responded that he will ask Mike Soccio to research MAC accounts and let him know the results.

Councilman Huston also asked for the status of work being done concerning Code Enforcement and the alternatives the town has when trying to gain entry to a property with suspected violations.

Manager Lovell responded that township staff and the attorney have been working on drafting an ordinance dealing with that issue and also with stacking, which will be on the May agenda.

Councilman Huston reported that he has received a complaint about water pressure on High Avenue and Davis Avenue, which are customers of Dover, and asked if there have been further discussions about allowing Randolph to service those areas.

Manager Lovell replied that he had a brief conversation with the Administrator of Dover. The Manager will review the situation during 2006 and make a determination on whether or not Randolph can take on these customers without any problems. He noted that Dover has experienced several water main breaks and other difficulties during 2005. It is felt that problems arise in the older homes with insufficient pipes rather than water pressure problems from the street.

Councilman Huston asked what kind of communication system and plan is in place should an emergency arise in Randolph.

Manager Lovell responded that, should an emergency arise, there are designated radio stations listed in the Randolph Quarterly. There has been great progress made on bio-terrorism issues necessitating a distribution of medication in the township. The next level of planning will deal with more severe issues, not only locally but at the state level as well. Various training is on-going for the staff, however he feels that the public will not be interested in knowing what to do until a crises arises, regardless of how well instructions may be communicated now, and he doesn’t see a way around that.

Mayor Algeier summarized various scenarios and emergency plans being worked on throughout the municipality, county and state.

There was discussion regarding what individuals can and should do prior to an emergency situation to protect themselves and their families.

Councilman Huston noted there is apparently a problem with people riding ATVs through the Randolph trails.

Councilman Napoliello asked if the town could do something honoring the fire department who donated equipment to a fire department in Mississippi after Hurricane Katrina. He noted that he intends to put forth a resolution during the budget segment of the agenda.

Councilwoman Mitsch asked if the idea of sharing a grant writer with the Board of Education was ever followed up on.

Manager Lovell responded that the Board of Education has a grants person and he will revisit this issue with the Superintendent.

Councilwoman Mitsch stated that an application from the Randolph Country Day School has been submitted to the Planning Board looking to expand the facility, and she noted that the application is visually and aesthetically appealing and impressive.

Manager Lovell invited the Council to check Randolph’s website. Assuming the budget is introduced, it will be on the website. He also noted that Verizon is finishing with their cable extensions in town and expects to receive an application from them for a cable television franchise in the next few weeks. The Manager attended an FAA hearing regarding flight pattern changes which would negatively affect Randolph. A website has been set up to receive comments about this issue and he will incorporate any comments from the Council with his own. He will also express his concerns to our senators.

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, spoke about on-going emergency planning and training with regard to the rescue squad. He also noted that the expansion of the Randolph Country Day School will include a canopy and suggested having the fire officials review the plans.

Mayor Algeier stated that the Fire Inspector has been to the Planning Board meetings and is aware of the canopy.

Lee Whilden, 82 Radtke Road, suggested that during an emergency situation the most important thing would be to keep people off the roads.

INTRODUCE 2006 MUNICIPAL BUDGET, CAPITAL IMPROVEMENT PROGRAM AND SEWER/WATER

Manager Lovell noted that the budget is a solid document. Copies will be delivered to the library and the budget message and summary document page will be on the website. He then read the following resolution, in the format used by the State of New Jersey, into the record:

The Municipal Budget of the Township of Randolph, County of Morris, for the Fiscal Year 2006.

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2006; and

BE IT FURTHER RESOLVED that said Budget be published in the Daily Record in the issue of April 24, 2006.

The Governing Body of the Township of Randolph does hereby approve the following as the Budget for the Fiscal Year 2006:

General Appropriations:

1. Appropriations within CAPS
(a) Municipal Purposes
$17,312,620.00
2. Appropriations Excluded from CAPS
(a) Municipal Purposes
$11,464,874.00
Total General Appropriations Excluded from CAPS $11,464,874.00
3. Reserve for Uncollected Taxes Based on Estimated 97.65% of Tax Collections $1,917,302.00
4. Total General Appropriations $30,694,796.00
5. Less: Anticipated Revenues Other Than Current Property Tax $16,366,566.00
6. Difference: Amounts to be Raised by Taxes For Support of Municipal Budget
(a) Local Tax for Municipal Purposes Including Reserve for Uncollected Taxes
$14,328,230.00

Notice is hereby given that the Budget and Tax Resolution was approved by the Mayor and Council of the Township of Randolph, County of Morris, on April 6, 2006.

A Hearing on the Budget and Tax Resolution will be held at the Municipal Building on May 4, 2006, at 8:00 p.m., at which time and place objections to said Budget and Tax Resolution for the year 2006 may be presented by taxpayers or other interested persons.

Councilman Napoliello made a motion to introduce the budget. Councilwoman Mitsch seconded the motion and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Huston

ABSENT:
Councilman Manning
Councilwoman Price

Councilman Napoliello noted that problems exist with the budget because we no longer have the ability to grow our ratable base. More creative planning will be necessary to achieve a stable budget in the future. In light of this, he drafted the following resolution:

WHEREAS, the Randolph municipal organization is guided by its Mission Statement:

“The Randolph Township municipal organization strives to make the Township of Randolph the best it can be by providing effective governance, enhanced customer services, and excellent community facilities”; and

WHEREAS, like so many communities, our costs to maintain existing levels of services is increasing at a rate that, each year, creates a need for increases in the tax rate; and

WHEREAS, Randolph no longer enjoys the ability to grow its ratable base so as to achieve a stable tax rate as the town completes its transition from a growing to a mature community; and

WHEREAS, the Council, Manager, and senior staff are charged with the responsibility of assessing community needs and investing in resources to meet demands for services; and

WHEREAS, this formidable task also requires that we collectively look beyond the present and into the future.

NOW, THEREFORE, BE IT RESOLVED by the Township Council that a special meeting to develop a local economic strategy shall be scheduled prior to the last quarter of this year.

BE IT FURTHER RESOLVED that the Township Manager and his staff shall provide a plan of operation for the year 2010 demonstrating potential initiatives to (1) find efficiencies from within the organization, including but certainly not limited to technology; (2) identify potential consolidations and/or shared services; (3) project service demands within the various sections of the municipal organization; (4) establish recommendations that will assist the township in implementing future budgets; (5) guide efficiency while at the same time achieve effective governance, enhanced customer service and maintain excellent community facilities.

BE IT FINALLY RESOLVED that this exercise should welcome all ideas and that creative brainstorming is both anticipated and welcomed for the future economic well-being of Randolph Township.

Councilman Napoliello moved approval of the resolution. Councilwoman Mitsch seconded it.

Councilman Huston noted that one reason he voted against the budget is because there is no plan for the future. He plans to vote for the resolution, but feels that it contains nothing specific about controlling spending long term or controlling tax increases. He would prefer to see specifics. While there are some people in town willing to pay more for excellent services, there are those who may not be able to afford it and the Council represents all of them. Councilman Napoliello believes the budget discussions mentioned specifics, and those specifics will surface. He didn’t include specifics in his resolution because he didn’t want the Council to be pigeon-holed. He wants to see the Council meet and discuss budget issues with nothing else on the agenda.

Councilwoman Mitsch stated that there was extensive line by line discussion about the budget. She noted that she heard Councilman Huston mention that this was the first time he heard the Council give extensive discussion to what could be done at a strategic level going forward in order to minimize tax increases down the road. She feels his comments this evening don’t represent anybody’s feelings on this Council.

Deputy Mayor Obremski noted that Councilman Manning suggested this was one of the more pleasurable budget sessions he’d been involved with. He feels the Council ventured into different areas that had not been gone into before during these budget discussions and agrees with the proposed resolution.

The following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #4-06—Authorize CAP Banking for Budget Appropriations

Manager Lovell noted that this ordinance will increase the CAP from 2 1/2 to 3 1/2 percent and allows the Council to bank that percentage for two years. It provides a level of flexibility which will be important to the operation of the community and for future Councils.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK” be read by title on second reading and a hearing held thereon.

Mayor Algeier opened the meeting to the public.

Lee Whilden, 82 Radtke Road, stated she read in the newspaper that Randolph was already one percent over the 2.5 percent budget increase and asked if that was correct.

Manager Lovell responded that the newspaper was inaccurate.

Mrs. Whilden also asked if the school budget was included in this budget.

The Manager responded that while the school budget does have an impact on this budget, this budget does not include the school budget.

Hearing no further comments, the public portion was closed.

BE IT RESOLVED that an ordinance entitled “AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK” 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.

Councilwoman Mitsch made a motion to adopt the ordinance. Deputy Mayor Obremski seconded the motion.

Councilman Huston stated that in light of the fact that nothing else seems to be controlled in the expenditure side of the budget, this is as good a limit as any. He voted against it on introduction and will vote against it this time as well.

The following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier—He will vote yes because it would be irresponsible to vote against this and not adopt it because of the examples of what happened this year with energy and snow removal. A couple more years like that and we’d be in big trouble.

NAYS: Councilman Huston

ABSENT:
Councilman Manning
Councilwoman Price

(2) Ordinance #5-06—Amending Fee Ordinance

Manager Lovell stated that this ordinance updates several fees, including tennis court fees, skate park fees, septic fees, lead testing fees and youth camp inspection fees.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A—FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Mayor Algeier opened this portion of the meeting to the public.

Judith Stewart, 114 Everdale Road, asked if the fees for Health, Section 5, are based on costs.

The Manager responded that they are. The fees are increasing because the costs of buying supplies and sending information to laboratories for testing has increased, however Randolph does not profit from our health testing.

BE IT RESOLVED that an ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING APPENDIX A—FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

(3) Ordinance #6-06—Nitti Acquisition

Manager Lovell noted that the key factor with this ordinance is the 77.5 acres Randolph will be acquiring. This was a complex project. Morris County is providing $660,000.00, Green Acres is providing $400,000.00, and the Open Space program will be picking up the balance of $40,000.00.

BE IT RESOLVED that an Ordinance entitled “AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY TO BE KNOWN AS BLOCK 146, LOT 72.11 (FORMERLY KNOWN AS BLOCK 146, LOTS 81, 7, 25, 23 AND PORTIONS OF LOTS 85 AND 72) AS SHOWN ON THE PLAN ENTITLED ‘PROPOSED OPEN SPACE BLOCK 146, LOTS 72.11’ BY PAULUS, SOKOLOWSKI AND SARTOR, L.L.C. DATED FEBRUARY 13, 2006” be read by title on second reading and a hearing held thereon.

Mayor Algeier opened this portion of the meeting to the public.

Lee Whilden, 82 Radtke Road, stated that after 30 years she hopes this comes to an end. As a way to ease the tax burden on the public, perhaps open space taxes can be reduced on the municipal level.

BE IT RESOLVED that an ordinance entitled “AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY TO BE KNOWN AS BLOCK 146, LOT 72.11 (FORMERLY KNOWN AS BLOCK 146, LOTS 81, 7, 25, 23 AND PORTIONS OF LOTS 85 AND 72) AS SHOWN ON THE PLAN ENTITLED ‘PROPOSED OPEN SPACE BLOCK 146, LOTS 72.11’ BY PAULUS, SOKOLOWSKI AND SARTOR, L.L.C. DATED FEBRUARY 13, 2006” 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.

Councilwoman Mitsch made a motion to adopt the ordinance. Councilman Napoliello seconded the motion.

Councilman Huston asked if the money from Green Acres was a grant or a low interest loan.

The Manager responded that what people refer to as grants have been low interest loans for many years.

Mayor Algeier stated that the money will be repaid through the Open Space Trust Fund.

The following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

B. Introduction

(1) Amendments to Yard Waste Ordinance #8-05

Manager Lovell noted that this is an amendment to Ordinance #08-05 and will be assigned a number. He believes this ordinance incorporates the Council’s input.

BE IT RESOLVED that an ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE III, MANDATORY RECYCLING OF CHAPTER 42, SOLID WASTE MANAGEMENT, 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 the 4th of May, 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 the 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 a Notice of Introduction thereof, in the official designated newspaper according to law.

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

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

(2) Acceptance of Deed of Detention Basin Dedication—Heritage Village XII

BE IT RESOLVED that an ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DETENTION BASIN DEED FOR LOT 1 IN BLOCK 93.02 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, 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 4th of May, 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 the 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 a Notice of Introduction thereof, in the official designated newspaper according to law.

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

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

COMBINED ACTION RESOLUTION

Councilman Huston requested Item A(4) be pulled.

Councilman Huston made a motion to approve the Combined Action items with the exception of Item A(4). Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

A. Refunds/Adjustments Resolutions

(1) Refund Outside Tax Sale Certificate #1738 for 233 Dover Chester Road to NJTL 2004 LLC—$12,389.85

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WHEREAS, Outside Tax Sale Certificate #1738 held by NJTL 2004 LLC, assessed to Dover-Chester Assoc., Block 47, Lot 53, 233 Dover-Chester Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $12,389.85.

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 $12,389.85 to NJTL 2004 LLC, holder of Tax Sale Certificate #1738.

(2) Refund Outside Tax Sale Certificate #1852 for 13 Oak Drive to Wachovia-Cust/Sass Muni V DTR—$3,160.65

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WHEREAS, Outside Tax Sale Certificate #1852 held by Wachovia-Cust/Sass Muni V DTR, assessed to Biz Inc., Block 173, Lot 5, 13 Oak Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,160.65.

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 $3,160.65 to Wachovia-Cust/Sass Muni V DTR, holder of Tax Sale Certificate #1852.

(3) Refund Overpayment of 2006 Taxes for 8 Matthew Court To Wells Fargo Home Mortgage—$2,104.26

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WHEREAS, Wells Fargo Home Mortgage has overpaid 2006 taxes by duplicate payment in the amount of $2,104.26 on Block 53, Lot 56.04, known as 8 Matthew Court, assessed to Francis/Tracy Esposito; 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 $2,104.26 to Wells Fargo Home Mortgage.

(4) Release Cash Bond for Bike Path Fronting Mt. Freedom Golf Property to Mt. Freedom Golf Partners—$4,162.62

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Acted on separately.

(5) Release Road Opening Cash Bond for 2 Roslyn Way to Pinebrook Landscaping Nursery, Inc.—$300.00

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WHEREAS, on November 17, 2005, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for 2 Roslyn Way, Block 51.02, Lot 11, for a yard drain to a storm drain connection; and

WHEREAS, the road opening has been repaired, inspected, and found 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 Steve Bury, Assistant Township Engineer, that the cash bond in the amount of $300.00 be refunded to Pinebrook Landscaping Nursery, Inc., 265 Main Street, Whitehouse, NJ 08833.

(6) Release Remaining Escrow Funds for Block 166, Lot 4.04, To Antonio Teixeira—$770.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Antonio Teixeira for Block 166, Lot 4.04, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $229.50 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 $770.50 be refunded to Antonio Teixeira, 1 Block Court, Randolph, NJ 07869.

(7) Refund 2006 Taxes, Paid in Error, for Block 81, Lot 67, To First American Real Estate Tax Service—$1,694.03

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WHEREAS, First American Real Estate Tax Service has paid 2006 taxes in error in the amount of $1,694.03 on Block 81, Lot 67, known as 115 Dover-Chester Road, assessed to John and Lori Falduto; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $1,694.03 to First American Real Estate Tax Service.

(8) Release of Police Detail Escrow Funds to Collonnelli Bros. ($958.50), Fletcher Creamer ($71.00) and Gray Supply Corp. ($2,058.00)—Total $3,087.50

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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:

Collonnelli Bros. $958.50
Fletcher Creamer $71.00
Gray Supply Corp. $2,058.00

B. Authorizing an Award of Contract for Industrial and Commercial Equipment and Supplies to Vision Supply, Inc., from April 1, 2006 - March 31, 2007

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WHEREAS, the Township of Randolph wishes to award a contract for Industrial and Commercial Equipment and Supplies for a period of one (1) year from April 1, 2006 - March 31, 2007; and

WHEREAS, bids have been advertised and received on February 28, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, ten (10) bid packets were mailed and one was received from Vision Supply, Inc., 30 Ike Williams Road, Newton, New Jersey 07860.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Vision Supply, Inc., for Industrial and Commercial Equipment and Supplies from April 1, 2006 - March 31, 2007 at a price of fifteen percent (15%) off the catalogs (5% off Champion catalog) as needed.

C. Authorizing Health Contract with Saint Clare’s Hospital to Perform Certain Community Health Services

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WHEREAS, Saint Clare’s Hospital, an affiliate of Saint Clare’s Health Services, is a general acute care hospital with several community outreach programs committed to advocating health promotion and well programs serving the surrounding communities; and

WHEREAS, Randolph Township is a municipality in the service area of Saint Clare’s Hospital and its affiliated hospitals; and

WHEREAS, the health care needs of the residents of the town can be served by certain community health services provided by Saint Clare’s Hospital.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council, County of Morris, State of New Jersey, that the Agreement for Community Health Services between Saint Clare’s Hospital and the Township of Randolph, dated January 1, 2006, is hereby approved.

D. Award Water Line Installation Construction Projects—Contracts A, B, and E

Carrell Road—MSP Construction—$295,084.88
Center Grove Road and Lawrence Road—MSP Construction—$308,579.14
Schoolhouse Road—Collonnelli Bros.—$294,995.60

WHEREAS, the Township wishes to award a contract Water Main Extensions Contracts A, B, and E; and

WHEREAS, bids have been advertised and were received on March 1, 2006, in accordance with the Local Public Contracts Law; and

WHEREAS, eleven (11) bids were received for each contract and the low bidders were as follows: Contract “A”—MSP Construction, Newark, New Jersey, at a low bid of $298,848.00 total contract price; Contract “B”—MSP Construction, Newark, New Jersey, at a low bid of $328,372.00 total contract price; and Contract “E”—Collonnelli Bros., Hackensack, New Jersey, at a low bid of $294,995.60 total contract price.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts A, B and E be awarded as stated above.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 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 will be available in Ordinance #39-05, Water Line Extensions, to award for the water line installation construction projects—Contracts A, B, and E to the following:

MSP Construction—Carrell Road $295,084.88
MSP Construction—Center Grove Road
and Lawrence Road
$308,579.14
Collonnelli Bros.—Schoolhouse Road $294,995.60

_______________________
Michael J. Soccio
Chief Financial Officer

E. Authorize Recycling Tonnage Grant Application

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WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal programs and to continue to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and to indicate the assent of Randolph Township Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that Randolph Township hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Clement R. Ferdinando to ensure that the application is properly filed.

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

F. Authorizing an Award of Contract for the Purchase and Installation of Trees on an As-Needed Basis to Parker Landscaping and Construction, Inc., April 15, 2006 to April 14, 2007.

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WHEREAS, the Township of Randolph wishes to award a contract for the purchase and installation of trees to be installed as needed from April 15, 2006 to April 14, 2007; and

WHEREAS, bids have been advertised and received on April 3, 2006, in accordance with the Local Public Contracts Law; and

WHEREAS, Parker Landscaping & Construction, Inc., Wayne, New Jersey, submitted the low bid for the Purchase and Installation of Trees to be Installed from April 15, 2006 to April 14, 2007 as needed at prices attached.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Parker Landscaping and Construction, Inc., Wayne, New Jersey, for the purchase and installation of trees to be installed from April 15, 2006 to April 14, 2007, as needed.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 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 will be available in Trust Account—Tree Bank to award a contract to Parker Landscaping and Construction, Inc., for the purchase and installation of trees on an as-needed basis as per the contract on file in the Township Manager’s Office.

_______________________
Michael J. Soccio
Chief Financial Officer

G. Authorizing Execution of a Developer’s Agreement with CWS Associates for Block 18, Lot 14

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WHEREAS, CWS Associates, LLC has previously obtained preliminary and final site plan approval from the Randolph Township Board of Adjustment for the development located at Block 18, Lot 14, in the Township of Randolph; and

WHEREAS, the Township and CWS Associates, LLC wish to enter into a Developer’s Agreement setting forth the rights, duties and obligations of the parties in connection with said development.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Randolph, in the County of Morris, and State of New Jersey, that the Mayor and Acting Township Clerk are hereby authorized and directed to execute the Developer’s Agreement between the Township and CWS Associates, LLC, a copy of which is on file in the Acting Township Clerk’s Office.

BE IT FURTHER RESOLVED that the Acting Township Clerk is hereby authorized and directed to provide the original fully executed Developer’s Agreement to the Special Township Counsel for recording in the Morris County Clerk’s Office.

This Resolution shall take effect immediately.

H. Release of Stabilization Bonds to SJC Builders for Numerous Blocks and Lots in Heritage V, Heritage VIII, Heritage IX, Patiots Crossing and RKS—$24,000.00

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WHEREAS, a recent inspection of the following lots has revealed that grass has been firmly established at the following sites:

DevelopmentBlockLotAmountReceipt
Date
Post
Date
Heritage V93.0117$ 1,000.0012/16/9612/17/96
 93.0118$ 1,000.0010/28/9610/28/96
Heritage VIII477.21$ 1,000.0006/02/9806/12/98
 477.22$ 1,000.0007/13/9807/13/98
 477.23$ 1,000.0010/05/9810/06/98
 477.24$ 1,000.0006/02/9806/16/98
 47.025$ 1,000.0010/16/9810/22/98
Heritage IX3338.01$ 1,000.0012/16/9612/17/96
 3338.02$ 1,000.0006/04/9706/05/97
 3338.03$ 1,000.0003/24/9703/25/97
 3338.04$ 1,000.0008/19/9708/20/97
 3338.1$ 1,000.0008/19/9708/20/97
 33.012$ 1,000.0008/19/9708/20/97
 33.013$ 1,000.0006/12/9706/13/97
 33.016$ 1,000.0009/26/9609/26/96
 33.017$ 1,000.0004/23/9704/25/97
 33.018$ 1,000.0001/20/9801/21/98
 33.0111$ 1,000.0008/11/9708/11/97
Patriots Crossing3550.04$ 1,000.0008/19/9708/20/97
 3550.07$ 1,000.0004/23/9704/25/97
 3550.13$ 1,000.0001/12/9801/13/98
RKC492.08$ 1,000.0007/23/9807/24/98
 492.09$ 1,000.0006/16/9806/18/98
 492.1$ 1,000.0006/16/9806/18/98
TOTAL  $24,000.00  

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 that the $24,000.00 in stabilization bonds be released to SJC Builders, 879 Route 10 East, Randolph, NJ 07869.

I. Professional Services Agreement for Garden State Laboratories for 2006 to Perform Testing of Food and Water Samples for Health Department—$3,641.00

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WHEREAS, there is a need for testing of food and water samples; and

WHEREAS, the Garden State Laboratories is a State certified laboratory and the Board of Health has recommended the renewal of their contract for the year 2006; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that the contract for laboratory services be awarded to Garden State Laboratories, Inc., for the year 2006 in the amount of $3,641.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 6, 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 will be available in 2006 Budget, Health, Other Expense, to award a contract to Garden State Laboratories to perform testing of food and water samples in the amount of $3,641.00

_______________________
Michael J. Soccio
Chief Financial Officer

J. Raffles

(1) Application for a Raffle License, Randolph Rotary, Off-Premise Merchandise, June 6, 2006, Meadow Wood Manor, Route 10, Randolph, NJ

(2) Application for a Raffle License, Greek Orthodox Community of Morris County, Off-Premise Merchandise, October 22, 2006, 1447 Sussex Turnpike, Randolph, NJ

(3) Application for a Raffle License, Center Grove PTA, Basket Raffle, May 18, 2006 and May 25, 2006, Center Grove Road, Randolph, NJ

(4) Application for a Raffle License, Center Grove PTA, On-Premise 50/50, May 18, 2006 and May 25, 2006, Center Grove Road, Randolph, NJ

(5) Application for a Casino Night, St. Clare’s Foundation, April 29, 2006, Skylands at Randolph, 6:00 p.m. to 10:00 p.m.

Manager Lovell suggested item A(4) be discussed in Executive Session as it deals with the issue of land acquisition.

DISCUSSION—SUSSEX TURNPIKE IMPROVEMENT

Manager Lovell stated that during discussions with the new County Engineer and the Project Manager for the state, it has been determined that the scope of the project must be significantly reduced in order to have a chance of being completed. He indicated that the area he would like to see done is between Hanover Avenue and Calais Road, and he received input that if this project were presented by Morris County and Randolph in cooperation with each other, it could have a chance of moving forward. It was also expressed to him that timing was critical due to budget discussions and other meetings. The Manager would like the Council’s support in fast-tracking this project with the County by drafting a letter to or meeting with the County Engineer.

Councilman Napoliello supports this because he never wanted to widen all of Sussex Turnpike in the first place.

Councilman Huston expressed his concern with the problem of widening the area of Sussex Turnpike by the Acme and how that will take parking away for the small businesses in that area. He is very interested in the idea from the consultant to extend Millbrook Avenue to tie in with Woodlawn Terrace, thereby creating parking in the rear for those small businesses.

Manager Lovell noted that he will bring the Master Plan with him to the meetings with the County Engineer.

Mayor Algeier stated that the Council was in favor, however he believes that Council should have some input when the Manager meets with the County Engineer.

The Manager stated that he will call the County Engineer, then send a letter saying the Council supports the position, and then set up a meeting to include a freeholder in charge of public works and two or three members of the Council.

Councilman Huston asked that Alex DeCroce, who has been helpful to Randolph in transportation issues in the past, be kept informed of this issue.

Mayor Algeier asked that the Manager raise the issue of federal funding for this project as part of their discussions.

COUNCIL COMMENTS

Councilman Napoliello asked when the new traffic light on Dover Chester Road and Morris Turnpike will be operational.

Manager Lovell will find out and report back to him.

Councilwoman Mitsch asked when spring clean up will begin.

Assistant Manager Russo responded that it will begin on May 15.

Deputy Mayor Obremski noted that, in continuing with the emergency management issue, he has received NIMS training.

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, asked how soon residents can hook up to a water line being installed.

Manager Lovell responded that there is a moratorium at this time. He and the Township Attorney are working with the MUA on a revised water agreement, and when this agreement is ratified the moratorium will be lifted. His hope is that this issue will be resolved by Labor Day.

Judith Stewart, 114 Everdale Road, doesn’t feel a traffic light is warranted at Calais Road and Sussex Turnpike. She does favor the realigning of Brookside Road and West Hanover Avenue, however she doesn’t feel a light will improve the level of service there unless it is timed with the light on Millbrook.

Mayor Algeier noted that agrees with Mrs. Stewart that traffic lights have a tendency to decrease traffic movement in one direction while increasing it in another.

EXECUTIVE

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, 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. Church Alive Inc., v. Randolph Township
b. Mishkin Property
c. Land Acquisitions

3. As nearly as can now 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 Napoliello made a motion to go into Executive Session. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch
Councilwoman Price

RE-CONVENE PUBLIC MEETING

Councilman Huston moved to approve a resolution concerning the settlement of a tax appeal for property owned by Church Alive. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremksi
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

Resolution Authorizing the Settlement of the 2004 and 2005 Tax Appeals on Block 44, Lot 13.01, Located in the Township of Randolph, Owned by Church Alive, Inc.

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WHEREAS, Church Alive, Inc., the owner of the property located at Block 44, Lot 13.01, on the official tax maps of the Township of Randolph, also known as 791 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 2004 and 2005; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2004 from a total assessment of $996,800.00 to a total assessment of $815,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2005 from a total assessment of $996,800.00 to a total assessment of $750,000.00; and

WHEREAS, the property owner and the Township of Randolph have agreed to a reduction in the assessment for tax year 2006 from a total assessment of $996,800.00 to a total assessment of $675,000.00; and

WHEREAS, the property owner has further agreed to waive any pre-judgment interest on any refunds due as a result of the proposed settlement for tax years 2004 and 2005 provided that the Stipulation of Settlement is filed with the Tax Court on or before May 27, 2006; and

WHEREAS, the property owner has further agreed that all refunds and interest, if any, shall be applied as a credit on future tax bills; and

WHEREAS, it is the recommendation of the Township’s Special Counsel for property tax appeals, in consultation with the Township Assessor and appraisal consultant, that the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph, and that this matter be settled pursuant to the terms set forth herein; and

WHEREAS, the Township Tax Assessor has agreed to adjust the assessed valuation on the subject property for the tax years 2004, 2005, and 2006 in accordance with the proposed settlement; and

WHEREAS, the proposed settlement results in a total tax refund for tax year 2004 of $4,690.44 and for tax year 2005 a total tax refund of $6,638.92; and

WHEREAS, the proposed settlement will result in a lower tax bill for 2006 consistent with the terms and conditions set forth herein that will result in an approximate reduction of $8,900.00.

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 44, Lot 13.01, on the official tax maps of the Township of Randolph shall be reduced for tax year 2004 from a total assessment of $996,800.00 to a total assessment of $815,000.00;

2. The tax assessment on the subject property, located at Block 44, Lot 13.01, on the official tax maps of the Township of Randolph shall be reduced for tax year 2005 from a total assessment of $996,800.00 to a total assessment of $750,000.00;

3. The tax assessment on the subject property, located at Block 44, Lot 13.01, on the official tax maps of the Township of Randolph shall be reduced for tax year 2006 from a total assessment of $996,800.00 to a total assessment of $675,000.00;

4. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount of $11,329.36 as a credit toward future taxes owed on the property, said refund being attributable to the reduction in the assessment for the 2004 and 2005 tax years, and is further authorized to refund to the property owner the amount of any overpayment of the taxes owed for the first and second quarters of 2006, said refund being attributable to the reduction in the assessment for the 2006 tax year, and is further authorized to apply the appropriate credit toward future taxes owed on the property representing the tax refund attributable to the reduction in the assessment for the 2006 tax year.

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

Councilwoman Mitsch made a motion to approve a resolution concerning the release of a cash bond for a bike path fronting the Mount Freedom Golf property. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Price

Release Cash Bond for Bike Path Fronting Mt. Freedom Golf Property To Mt. Freedom Golf Partners—$4,162.62

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WHEREAS, on July 8, 2002, Mt. Freedom Golf posted a cash bond in the amount of $4,162.62 for the construction of a bike path fronting the Mt. Freedom Golf property; and

WHEREAS, the Township Assistant Manager, Tom Russo, advised that Mt. Freedom Golf Partners are no longer obligated to construct this bikeway.

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 Inspector, that the cash bond in the amount of $4,162.62 be released to Mt. Freedom Golf Partners, P.O. Box 337, Mt. Freedom, NJ 07970.

ADJOURNMENT

Mayor Algeier adjourned the meeting at 10:20 p.m.

Donna Marie Luciani
Acting Township Clerk