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: August 3, 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:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski (via telephone)
Mayor Algeier

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

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

Mayor Algeier led the Pledge of Allegiance.

OPEN TO PUBLIC

Julie Hooper, 71 Everdale Road, asked whether the cost of replacing railroad tie walls around town would be borne by the homeowner or the town.

Manager Lovell responded that residents owning property that can be graded in place of a retaining wall would be required to bear the cost of replacing railroad tie walls if they chose not to have their property graded.

Mark Sangers, 47 Bedminster Road, formally objected to the zoning change ordinance before the Council at this meeting. He would like the opportunity to be represented by an attorney before any vote is taken. He believes the issue is being unfairly pushed through during a time when many potentially impacted families are away on vacation.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #17-06—Amend Land Development Ordinance and Zoning Map

Manager Lovell presented an overview of the process that brought about the proposed zoning changes, the development of the Master Plan Committee, and the work that committee did preparing the new Master Plan.

Robert Michaels, Planning Consultant, summarized the proposed changes to the zoning in different parts of the township.

Ed Buzak, Township Attorney, discussed the legal procedures concerning zoning in municipalities in New Jersey as well as the legal obligation of notifying residents of proposed changes.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE CERTAIN PROPERTIES IN THE TOWNSHIP OF RANDOLPH, CREATE A NEW REGIONAL BUSINESS DISTRICT, CREATE A NEW ROUTE 10 COMMERCIAL CORE OVERLAY ZONE, AND MAKE CERTAIN OTHER AMENDMENTS IN THE LAND DEVELOPMENT ORDINANCE” be read by title on second reading and a hearing held thereon.

The Mayor opened the hearing to the public.

Lee Whilden, 82 Radtke Road, spoke as a representative for the Friends Meeting House and Cemetery Association and provided a brief history of the cemetary. She voiced concern over a proposed shopping center gaining access to Quaker Church Road from their parking lot and the view from the Friends Meeting House. She requested that the Association be notified when the matter comes before the Planning Board.

Sandra Brinker, 25 Bedminster Road, voiced concern over the proposed zoning change to the Skylands property and summarized the history of the Jackson Brook Neighborhood Watch Association’s legal fight to keep a hotel off of that property. She requested the Council remove the Skylands property from the rezoning list.

Paul Salerno, 425 Millbrook Avenue, asked about a zoning change to a small piece of property next to his.

Manager Lovell responded that the parcel would be designated as Open Space Government Use and that there is no plan to develop that property at this point in time.

Michael Shivietz, an attorney representing the owners of Block 18, Lot 15, and Block 18, Lot 16. One of the properties is on the list to be rezoned, and his client is requesting that the other piece of property be rezoned as well.

Mayor Algeier responded that amending the ordinance tonight to include that request would demand re-advertising and re-notification. He advised Mr. Shivietz’s client to go through the proper procedures and submit an application requesting the change and stated the Council would be happy to hear their application in due course.

Judith Stewart, 114 Everdale Road, asked if the changes to the proposed golf course will result in the town having less leverage in controlling what happens to the golf course. She also voiced concern about opening access to Quaker Church Road from the proposed shopping center. She suggested restricting truck traffic on Quaker Church in deference to the residential homes along the road.

Mr. Michaels noted that a provision in the proposed ordinance restricts truck traffic on Quaker Church Road. Regarding the golf course issue, he believes the proposed change from R5 to OSGU will not lessen the town’s ability to control what happens to that property.

Manger Lovell stated for the record that the golf course has received preliminary approval from the Planning Board. However, final approval hinges on the state providing water rights for the golf course and it is not known when that approval will be granted. It is important to note that the land can only be used as a golf course or must remain as open space in perpetuity.

Mike Dzomba, 5 Jared Drive, asked why he received a letter and how he is impacted by a zoning change.

Manager Lovell responded that his property backs into acreage belonging to the Morris County Parks Commission which is being rezoned as OSGU.

Mayor Algeier noted that many parcels that have been purchased by the town are being removed from residential zoning and designated as open space to ensure they remain as open space.

Leonard Suchyta, 6 Shadowbrook Way, asked about the rezoning of Block 40, Lots 436 and 437, as OSGU.

Mayor Algeier responded that these parcels are also being designated as open space.

Helen Bachman, 16 Hawser Way, expressed concern over the Skylands property and summarized the history of the litigation against building a hotel at that site, and asked for clarification on specifics should a hotel be proposed at that site. She asked if a hotel would be free-standing or attached to the existing Skylands building.

Mr. Michaels responded that any potential hotel would have to be either attached to the existing building or the building that currently exists would have to be demolished and another building constructed.

Mayor Algeier noted that many of her concerns were Planning Board issues. If an application is made before the Planning Board, that would be an appropriate time to express specific concerns.

Jeff Altman, 10 Farragut Road, noted that he lives within 200 feet of the proposed zoning change but never received notification. He suggested that the Council consider not changing the property at this time and instead change the zone when an application comes forward.

Mr. Buzak noted that Mr. Altman has owned the home for a short period of time. Notices are sent out based on the tax records which may not have reflected the change of ownership.

Y. B. Shekar, 15 Blue Bird Court, asked what the new zoning for his neighborhood means.

Mr. Michaels responded that the zoning is proposed to reflect the current use.

Steve Zingone, 45 Bedminster Road, also expressed concern over the proposed zoning change for the Skylands property. He requested the record show that he and his neighbors are close and have extensively discussed the matter and would not like to see a hotel built at that site.

Fred Remington, 2 Golf Course Road in Chester, asked about the zoning for a piece of property he owns at Route 10 and Sussex Turnpike.

Mr. Michaels noted that the proposed ordinance will reflect minor changes in permitted use for that area to reflect environmental concerns.

Linda Harrell, 18 Merrimac Road, requested the Master Plan Committee consult a document issued during past litigation with Skyhill Corporation by an independent environmental consulting firm.

Mark Sanders, 47 Bedminster Road, asked if there has been a request by the Skyhill Corporation to build a hotel at that site, and if there has been no specific request, why there are discussions relative to a hotel being placed there.

Mr. Michaels responded that the Master Plan Committee was aware of the past application and past litigation regarding that property. Considering what the current zoning allows and what the current owners of the Skylands property may or may not apply for, it was decided to change the zoning so as not to allow residential properties to be built at that site.

Jeff Altman, 10 Farragut Road, suggested that the hotel aspect of the zoning be taken out of the proposed ordinance.

Sandra Brinker, 25 Bedminster Road, noted that there was a newspaper article referring to plans for a hotel on the Skylands property and asked if the change in zoning will make it easier for those plans to move forward.

Mayor Algeier stated that he is not aware of any plans or application for a hotel at the Skylands property.

Lee Whilden, 82 Radtke Road, invited the Council to come to the Friends Meeting House to get an idea of the view they now have of Quaker Church Road.

Hearing no further comments, the Mayor closed the public portion of the hearing.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE CERTAIN PROPERTIES IN THE TOWNSHIP OF RANDOLPH, CREATE A NEW REGIONAL BUSINESS DISTRICT, CREATE A NEW ROUTE 10 COMMERCIAL CORE OVERLAY ZONE, AND MAKE CERTAIN OTHER AMENDMENTS IN THE LAND DEVELOPMENT ORDINANCE” 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 as stated. Councilman Napoliello seconded the motion.

Councilwoman Mitsch emphasized the Planning Board’s high standards regarding applications they review and discussed the many steps that are taken before an application is approved while noting the several levels of expertise to which the applications are subjected.

Councilman Napoliello voiced his agreement with Councilwoman Mitsch. He stressed the Council’s desire to keep Randolph beautiful while trying to bring in quality ratables. He also stated that there had been a natural resources study done by the Master Plan Committee.

Deputy Mayor Obremski stated that he served on the Master Plan Committee, is familiar with the changes being discussed, and believes the ordinance will tighten up what they are trying to accomplish in town and supports them.

Mayor Algeier reported on how the Master Plan Committee evolved and went about the task of developing a new Master Plan. He noted that the change to the Skylands property makes it necessary for the owners to comply with more stringent requirements should they decide to place a hotel on that property. He thanked the residents for attending and voicing what he believes are well thought out concerns and suggestions. He reiterated the fact that he lives in this town, as do all the Council members, and would like to see Randolph grow and maintain its beauty with quality businesses and ratables.

The following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

(2) Ordinance #18-08—Amend LOSAP (for Volunteer Fire and Rescue Members) to Automatically Adjust for Cost of Living

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 50-00 ENTITLED ‘AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ENTITLED “LOSAP REFERENDUM QUESTION” TO PROVIDE FOR THE PLACEMENT OF A PUBLIC QUESTION AT THE NEXT GENERAL ELECTION ON NOVEMBER 7, 2000’ TO INCLUDE AN AUTOMATIC ANNUAL COST OF LIVING ADJUSTMENT” be read by title on second reading and a hearing held thereon.

The Mayor opened the hearing to the public.

Judith Stewart, 114 Everdale Road, believes this is a good thing to do.

Hearing no further comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 50-00 ENTITLED ‘AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ENTITLED “LOSAP REFERENDUM QUESTION” TO PROVIDE FOR THE PLACEMENT OF A PUBLIC QUESTION AT THE NEXT GENERAL ELECTION ON NOVEMBER 7, 2000’ TO INCLUDE AN AUTOMATIC ANNUAL COST OF LIVING ADJUSTMENT” 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, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

(3) Ordinance #19-06—Creating a New Section—Section 20-2, “Inspection for Carbon Monoxide Sensor Devices, Smoke-Sensitive Alarm Devices, Portable Fire Extinguishers, and Illegal Occupancy” in Chapter 20 and Amending Chapter 26, Housing

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE CREATING A NEW SECTION, SECTION 20-2, ‘INSPECTION FOR CARBON MONOXIDE SENSOR DEVICES, SMOKE SENSITIVE ALARM DEVICES, PORTABLE FIRE EXTINGUISHERS, AND ILLEGAL OCCUPANCY’ IN CHAPTER 20 AND AMENDING CHAPTER 26, HOUSING, 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.

The Mayor opened the hearing to the public.

Jim Wiggins, 4 Horizon Court, asked what the term illegal use in the ordinance meant and how it applies to existing properties.

Mayor Algeier responded that this is ordinance will be a tool to identify stacking situations.

Township Attorney Buzak stated that the ordinance does not change prior non-conforming status.

Manager Lovell noted that there are several properties dating back to the bungalow era in town that are considered non-conforming. A decision was made in-house to not go after these properties in order to force them to go before the Board of Adjustment. However, this ordinance will seek to identify new units where stacking is becoming an issue.

Hearing no further comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE CREATING A NEW SECTION, SECTION 20-2, ‘INSPECTION FOR CARBON MONOXIDE SENSOR DEVICES, SMOKE SENSITIVE ALARM DEVICES, PORTABLE FIRE EXTINGUISHERS, AND ILLEGAL OCCUPANCY’ IN CHAPTER 20 AND AMENDING CHAPTER 26, HOUSING, 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.

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

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

B. Introduction

(1) Amend Fee Schedule—Police and Health

Manager Lovell stated that the fee schedule will reflect police charges for copying various CDs for the public. It will also reflect changes associated with health clinic fees.

Deputy Mayor Obremski made a motion to introduce the ordinance. Councilman Napoliello seconded the motion.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING THE HEALTH SECTION, THE POLICE SECTION, AND THE FIRE PREVENTION SECTION OF APPENDIX A, FEE SCHEDULE, 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 7th of September, 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.

The following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

(2) Amendment and Clarification—Traffic Advisory Committee

Councilman Napoliello made a motion to introduce the ordinance. Deputy Mayor Obremski seconded the motion.

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO ARTICLE XVI, ADVISORY TRAFFIC COMMITTEE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH TO MAKE THE NAME OF THE COMMITTEE, TRAFFIC ADVISORY COMMITTEE, CONSISTENT THROUGHOUT THE ARTICLE” 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 7th of September, 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.

The following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

(3) Amend Bond Ordinance Funding the Acquisition of Open Space Appropriating an Additional $3,200,000.00

Manager Lovell stated that Assistant Manager Russo compiled and distributed an analysis of the Open Space Trust Fund. Additional money is needed to purchase properties scheduled to be purchased this year. He noted that the ordinance will allow Randolph to pay for the property and the debt service will be reimbursed through grants received at a later date.

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

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE OF THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, AMENDING THE DESCRIPTION OF THE IMPROVEMENT REFERRED TO IN BOND ORDINANCE NO. 21-04 FINALLY ADOPTED JULY 1, 2004, AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $3,200,000.00 AND AUTHORIZING THE ISSUANCE OF $3,025,000.00 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION” 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 7th of September, 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 Napoliello commended Assistant Manager Russo for his comprehensive report pertaining to the Open Space Trust Fund.

The following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

(4) Amend Salary and Wage Ordinance Various Positions

Manager Lovell stated that this ordinance will create flexibility in all titles in anticipation of union contract negotiations.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

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 7th of September, 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.

The following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

COMBINED ACTION RESOLUTIONS

Manager Lovell reviewed the items on the agenda and suggested placing Agenda Item 7 as Combined Action Item M.

Mayor Algeier stated that he was pleased to see the demolition of the former Mishkin residence in place.

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

AYES:
Councilwoman Mitsch
Councilman Napoliello
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Councilwoman Price

A. Refund/Adjustment Resolutions

(1) Release Remaining Escrow for Block 142, Lot 43, to Carlos Marconi—$703.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Carlos Marconi for Block 142, Lot 43, 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 $297.00 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 $703.00 be refunded to Carlos Marconi, 141 High Street, Randolph, NJ 07869.

(2) Refund Registration for Summerstages to Lauren Becker—$125.00

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WHEREAS, Lauren Becker registered her daughter for Summerstages and paid the fee in the amount of $150.00; and

WHEREAS, her daughter will not be attending the Summerstages due to the reason of being out of the area and requesting a refund.

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 $125.00 be refunded to Mrs. Becker, 3 Jason Lane, Morristown, NJ 07960.

(3) Refund Registration for Summerstages to Liz Pensabene—$125.00

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WHEREAS, Liz Pensabene registered her daughter for Summerstages and paid the fee in the amount of $150.00; and

WHEREAS, her daughter will not be attending the Summerstages due to the reason of being out of the area and is requesting a refund.

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 $125.00 be refunded to Mrs. Pensabene, 7 Pine Way, Long Valley, NJ 07853.

(4) Refund Registration for Summerstages to Elaine Rago—$125.00

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WHEREAS, Elaine Rago registered her son for Summerstages and paid the fee in the amount of $150.00; and

WHEREAS, her son will not be attending the Summerstages due to the reason of being out of the area and is requesting a refund.

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 $125.00 be refunded to Mrs. Rago, 12 Shongum Road, Randolph, NJ 07869.

(5) Release Escrow Funds From AT&T Wireless for Block 81, Lot 2, to Ms. Babinski, Esq., Pitney Hardin LLP—$6,888.00

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WHEREAS, the Planning and Zoning Department received escrow funds from AT&T Wireless for Block 81, Lot 2, in the amount of $7,500.00; 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 $6,888.00 be refunded to Ms. J. Babinski, Esq., Pitney Hardin LLP, PO 1945, Morristown, NJ 07962 and make the check payable to New Cingular Wireless PCS, LLC.

(6) Refund Registration Fee for Lake Membership and Swim Team to Janine Scalley—$125.00

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WHEREAS, Janine Scalley registered her daughter for swim team and a family membership to Randolph Lake and paid the fee in the amount of $150.00; and

WHEREAS, her daughter will not be attending the lake due to her daughter’s non-participation on the swim team and is requesting a refund.

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 $125.00 be refunded to Mrs. Scalley, 7 East Logan Road, Randolph, NJ 07869.

(7) Release Road Opening Cash Bond for 1 Overbrook Road to Carole Cashill—$300.00

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WHEREAS, on July 5, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of installing a new driveway for 1 Overbrook Road, Block 151, Lot 2; 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 Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Robert and Carole Cashill of 1 Overbrook Road, Randolph, NJ 07869.

(8) Refund Registration for Two Children for Randolph Rompers to Mrs. Hecht—$175.00

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WHEREAS, Mrs. Hecht registered her two (2) children for Randolph Rompers and paid the fee of $100.00 for each child; and

WHEREAS, Mrs. Hecht is requesting a refund because their two (2) children will not be attending the Randolph Rompers due to placement in the START Program by the Randolph Board of Education.

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 $175.00 ($200.00 less $25.00 processing fee) be refunded to Mrs. Hecht, 10 Deepdale Drive, Randolph, NJ 07869.

(9) Release Tree Bond to Christopher Johnson for 45 Dover Chester Road—$2,000.00

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WHEREAS, on June 24, 2005, the Planning and Zoning Department received and deposited with the Finance Department a check in the amount of $2,000.00 covering a tree bond for 45 Dover Chester Road, Block 55, Lot 19; and

WHEREAS, all of the requirements have been met.

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 tree bond in the amount of $2,000.00 be released to Christopher Johnson, 45 Dover Chester Road, Randolph, NJ 07869.

B. Social Affair Permit—Randolph Engine Co. 5—118 West Hanover Avenue, Randolph, NJ—October 7, 2006—7:30 p.m. to 11:30 p.m.

C. Raffle License—Randolph High School Band Parents—Millbrook Avenue, Randolph, NJ—On-Premise 50/50—October 14, 2006—7:00 p.m. to 10:00 p.m.

D. Authorizing the Award of MCCPC Contract #51 (Deer Carcass Removal and Disposal) for a One Year Contract to Deer Carcass Removal Service LLC

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WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes an award of Contract #51 (Deer Carcass Removal & Disposal) for a one (1) year contract period (October 1, 2006—June 30, 2007); and

WHEREAS, bids have been advertised and received on July 18, 2006, 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 Deer Carcass Removal Service, LLC of Cream Ridge, New Jersey, is the low responsible bidder meeting the 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 Deer Carcass Removal Service, LLC of Cream Ridge, New Jersey, for a one (1) year contract period beginning October 1, 2006 to June 30, 2007.

E. Award a Change Order to a Contract for the Construction of a Post Frame Building for DPW Storage to Unlimited Structures—Original Contract $167,943.00 Plus Change Order $1,800.00—New Contract Total Not To Exceed $169,743.00

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WHEREAS, a contract was awarded to Unlimited Structures of Ephrata, Pennsylvania, for the construction of a post frame building for DPW storage; and

WHEREAS, a change in building height necessitates the need for a change order in the amount of $1,800.00; and

WHEREAS, the contract and amendments are presented below:

Original Contract: $167,943.00
Change Order #1: $1,800.00
New Contract Total: $169,743.00

WHEREAS, there are sufficient funds to cover this change order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that change order #1 in the amount of $1,800.00 is hereby approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 3, 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 #12-06, Various Capital Improvements, to amend the contract to Unlimited Structures in accordance with Change Order #1 in the amount not to exceed $1,800.00

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Professional Services Agreement—Robert Michaels for Professional Planning Services to Evaluate and Prepare an Ordinance Amendment Addressing Cell Towers—$120.00 Per Hour, Not to Exceed $2,000.00

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WHEREAS, there exists a need to enter into a professional services agreement with Robert Michaels & Associates to provide professional planning services to evaluate and prepare an ordinance amendment addressing cell towers; and

WHEREAS, the cost for such professional planning services will be $120.00 per hour and will not exceed two thousand dollars ($2,000.00); 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.

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

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Robert Michaels & Associates.

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: August 3, 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 Planning, Other Expenses, to award a contract to Robert Michaels & Associates to provide professional planning services to evaluate and prepare an ordinance amendment addressing cell towers in the amount not to exceed $2,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Approve a 90 Day Extension for Mt. Fern United Methodist Church Soil Movement

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WHEREAS, Mount Fern Methodist Church (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a 90-day extension for a soil movement permit, involving the movement of soil on Block 55, Lots 1 and 2, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as 443 Quaker Church Road in the Township of Randolph; and

WHEREAS, said application reflects the approximately three thousand four hundred (3,400) cubic yards of soil that will be removed from the site; and

WHEREAS, the original soil movement permit application was submitted in conjunction with an application before the Board of Adjustment of the Township of Randolph for the Granting of Variance Relief and Preliminary and Final Site Plan Approval relating to the Property; and

WHEREAS, by resolution adopted by the Randolph Township Board of Adjustment on June 9, 2005, the Board of Adjustment of the Township of Randolph approved said application for both Preliminary and Final Site Plan, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Board of Adjustment of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4(C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on January 5, 2006, by the Township Council to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on January 5, 2006, provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and greades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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 Council has reviewed the application for an extension and recommendations of the Board of Adjustment and Township Engineer and evaluated such considerations pursuant to Section 15-74.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.

2. The Township Council hereby approves and grants a 90-day extension for a soil movement permit application of Mount Fern Methodist Church, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:

(a) The removal of soil on the property shall commence no earlier than Mach 13, 2006, and be completed no later than November 11, 2006.

(b) The removal may be done only between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding public holidays.

(c) The applicant shall insure that the vehicles used to remove soil shall follow Dover Chester Road to Route 10.

(d) The applicant shall load and unload construction equipment and/or earthmovers on site only. The applicant shall not load or unload on any Township, County or State roadway.

(e) The applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.

(f) The applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the applicant agrees to pay for the said traffic control officer for the times required by the Chief.

(g) A cash bond in the amount of five thousand dollars ($5,000.00) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the permit approved hereunder, to insure the faithful performance of the soil movement operation.

(h) The applicant shall comply with all conditions imposed by the Board of Adjustment as stated in their resolution of June 9, 2005, as well as all ordinances including, but not limited to, Section 15-47, et. seq.

(i) The applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Board of Adjustment on June 9, 2005.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this resolution.

4. This resolution shall take effect immediately.

H. Authorizing the Rescission of MCCPC Contract #44 (Welding Supplies) Awarded to AGL Welding Supply Company

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WHEREAS, the Morris County Cooperative Pricing Council received bids on April 25, 2006, for Contract #44 (Welding Supplies) on behalf of the Morris County Cooperative Pricing Council; and

WHEREAS, only one (1) bid was received from AGL Welding Supply Company of Clifton, New Jersey, and the contract was awarded to them on June 29, 2006, due to their compliance with bid specifications; and

WHEREAS, we have been notified by AGL Welding Supply that they are unable to execute the contract and withdrawing their bid due to the substantial increase in costs of supplies since they submitted their bid proposal in June 2006; and

WHEREAS, since AGL Welding Supply was the only bidder, we are rescinding their contract and scheduling the rebid of Contract #44 (Welding Supplies) on August 10, 2006, to have a contract in place by September 1, 2006 to June 30, 2007.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the bid awarded to AGL Welding Supply of Clifton, New Jersey, be rescinded and the contract be rebid on August 10, 2006, on behalf of the MCCPC membership.

I. Authorize Agreement with YMCA to Provide Program for MAC “Community Rap”

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WHEREAS, the Township of Randolph wishes to enter into an agreement with the West Morris YMCA to consult and coordinate the Municipal Alliance Community Rap Program; and

WHEREAS, both parties agree to abide by all the terms and conditions of said agreement, dated September 1, 2006.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that the Mayor be authorized to sign this agreement.

J. Award a Contract for the Purchase of a Materials Transport Hook-Lift or Equal w/Hydraulic System, Tarper, Snow Plow, and Plow Hitch

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WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a Materials Transport System, Hook-Lift or Equal (2006 Model) with Hydraulic System, Tarper, Snow Plow and Plow Hitch; and

WHEREAS, bids have been advertised and received on July 20, 2006, in accordance with the Local Public Contracts Law; and

WHEREAS, Automated Waste Equipment Co., Inc., Trenton, New Jersey, was the low bidder meeting all the specifications at a total contract price of $55,890.00.

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 Automated Waste Equipment Co., Inc., Trenton, New Jersey, at a total contract price of $55,890.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 3, 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 #12-06, Various Capital Improvements, to award a contract to Automated Waste Equipment Company., Inc. for the purchase of a Materials Transport System, Hook-Lift or Equal with Hydraulic System, Tarper, Snow Plow and Plow Hitch in the amount not to exceed $55,890.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. Authorizing an Award of Contract for Demolition and Removal of a Home—147 Morris Turnpike—$18,899.00

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WHEREAS, the Township of Randolph wishes to award a contract for the demolition and removal of a home at 147 Morris Turnpike, Randolph, New Jersey; and

WHEREAS, bids have been advertised and received on July 20, 2006, in accordance with the Local Public Contracts Law; and

WHEREAS, Gordon Construction, Inc., Asbury Park, New Jersey, submitted the low bid for the demolition and removal of a home at 147 Morris Turnpike, at a contract price of $18,889.00.

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 Gordon Construction, Inc., Asbury Park, New Jersey, for the demolition and removal of a home at 147 Morris Turnpike, Randolph, New Jersey, for a total contract price of $18,889.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 3, 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 #13-06, Purchase of Mishkin Property, to award a contract to Gordon Construction for the demolition of Morris Turnpike home in the amount not to exceed $18,889.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

L. Authorizing an Award of Contract for Demolition and Removal of a Brundage Park Bungalow—$4,500.00

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WHEREAS, the Township of Randolph wishes to award a contract for the demolition and removal of a bungalow located at Brundage Park, Carrell Road, Randolph, New Jersey; and

WHEREAS, bids have been advertised and received on July 20, 2006, in accordance with the Local Public Contracts Law; and

WHEREAS, Star Contracting, Hillsborough, New Jersey, submitted the low bid for the demolition and removal of a bungalow located at Brundage Park, Carrell Road, Randolph, New Jersey, at a contract price of $4,500.00; and

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 Star Contracting, Hillsborough, New Jersey, for the demolition and removal of a bunaglow located at Brundage Park, Carrell Road, Randolph, New Jersey, for a total contract price of $4,500.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 3, 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 #13-06, Various Capital Improvements, to award a contract to Star Contracting for the demolition of Brundage Park Bungalow in the amount not to exceed $4,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

M. Amend 2006 Capital Budget/Open Space Bond Ordinance Amendment

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WHEREAS, the Township of Randolph, County of Morris, New Jersey, desires to amend the 2006 Capital Budget of said municipality by inserting thereon or correcting the items therein as shown in such budget for the following reasons:

Various Capital Improvements

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

Amendment No. 2
Capital Budget of the Township of Randolph, New Jersey
Projects Scheduled for 2006

Methods of Financing

PurposeEstimated
Cost
General
Bonds
Open Space
Dedicated
Trust Fund
Amending of Ord. #21-04—Acquisition
of Land for Open Space
$3,200,000$3,025,000$175,000

BE IT FURTHER RESOLVED that two certified copies of this Resolution be filed with the Division of Local Government Services.

COUNCIL AND MANAGER COMMENTS

Mayor Algeier asked the Manager to instruct the nursing staff to notify Council members when screenings take place. He also reported on comments he has received that the athletes competing in the Triathlon have left Randolph Park a mess in prior years and would like Council to weigh in before they are issued another permit.

Councilman Napoliello requested the status of the karate building on Sussex Turnpike.

Manager Lovell responded that a sheriff’s sale has occurred, the property was purchased, and the new owner is working on obtaining permits to get moving on construction.

Manager Lovell reported that Randolph Lake was closed due to a high chloroform count. He also stated that Morris County has informed Randolph that they will be doing the deer carcass collection county-wide and will be going through the Morris County Co-op.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, inquired as to whether there will be a public hearing regarding the ordinance introduced concerning salaries for officers and employees. She asked why the Township Engineer is paid more than the Financial Officer.

Manger Lovell responded that their salaries are based on what they were hired at and the increases received over the years. He noted that he does provide yearly bonuses to the Financial Officer and the Director of Parks and Recreation in recognition of their standout achievements in the organization.

Mrs. Stewart expressed her opinion that some salaries seem to be too high while others are too low.

Jim McConnell, 45 Carrell Road, thanked the Council for adopting the LOSAP ordinance.

ADJOURNMENT

Mayor Algeier adjourned the meeting at 11:02 p.m.

Donna Marie Luciani
Township Clerk