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: February 16, 2006

A regular meeting of the Randolph Township Council was called to order at 8:08 p.m. by Mayor Algeier. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on January 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

PRESENT:
Councilman Huston
Councilman Manning (arrived 8:10 p.m.)
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

Also present: Attorney Tiena Cafoni and Township Manager Lovell

Mayor Algeier led the Pledge of Allegiance.

APPROVAL OF MINUTES

(a) Regular Meeting Minutes: October 18 and 27, November 3 and 22, December 1, 2005

(b) Executive Meeting Minutes: October 18 and 27, November 3 and 22, December 1, 2005

Councilman Napoliello made a motion to approve the minutes as presented. Councilwoman Price seconded the motion. A voice vote by the Council was unanimous.

Mayor Algeier offered his congratulations and gratitude to the Ironia Fire Company for their efforts in assisting a sister volunteer fire company in Mississippi after they sustained damage following Hurricane Katrina.

SWEARING IN CEREMONY - SERGEANT GARY MOORE

The Acting Township Clerk administered the Oath of Office to Sergeant Gary Moore.

PROCLAMATION - READ ACROSS AMERICA

Mayor Algeier and Board of Education President Christine Carey presented the following proclamation:

WHEREAS, the citizens of Randolph Township are firmly committed to promoting reading as the foundation for all learning; and

WHEREAS, Randolph Township and the Randolph Board of Education have provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that education adds to an individual’s long-term quality of life, and opens the door to the realization of a person’s full potential; and

WHEREAS, Read Across America is a national celebration of reading, this year to be conducted on March 2, 2006, which is the 102nd anniversary of the birthday of Theodor Seuss Geisel, known to millions as Dr. Seuss; and

WHEREAS, Read Across America is being conducted across the United States of America to promote reading and adult involvement in the education of our nation’s students.

NOW, THEREFORE, BE IT RESOLVED that Randolph Mayor Gary C. Algeier and the Randolph Township Council, as well as Randolph Board of Education President Christine Carey and the Randolph Board of Education, call on the citizens of Randolph to assure that every child is made aware of this critical role of reading in their education and the future of our country.

BE IT FURTHER RESOLVED that the Randolph Township Council and the Randolph Township Board of Education enthusiastically endorse Read Across America, as sponsored in our state by the New Jersey League of Municipalities, the New Jersey Library Association, and the NJEA, and we encourage our parents to stress the importance of reading and the joy it can bring, and not for just a day but throughout the year, to make America’s children, especially Randolph’s children, the best readers in the world.

PRESENTATION - OPEN SPACE COMMITTEE - BARBARA DAVIS

Barbara Davis, the Chairperson of the Open Space Committee, presented a report to the Council highlighting achievements from 2005 and outlining goals and objectives for 2006.

Mrs. Davis also provided information about the Mendham Township Open Space Committee and a brochure they distribute each year educating their residents on projects they have undertaken. They have asked Randolph to participate with them this year on a brochure about the Clyde Potts Reservoir. She feels this is a worthwhile endeavor and would like the Council to consider investing some money from the Open Space Trust Fund.

Councilman Huston requested that the Open Space Committee provide a subdivision map and input for the Nitti tract so that easy public access to the 80 acres the town is acquiring can be planned.

COUNCIL AND MANAGER REPORTS

Councilman Manning received a call from a resident noting that, after snow storms, handicapped parking spots in some of the area commercial parking lots are not accessible due to improper plowing. He suggested the Township contact the owners of these properties to inform them of the situation.

Councilman Huston commented on stacking issues in Dover and the need for Randolph to look at its ordinances with regard to this issue. He would like to see stacking issues placed on future agendas for discussion.

Manager Lovell responded that he has met with the Township Attorney and Randolph Township staff to discuss stacking concerns and possible ways to tighten up our ordinances. He will be sharing this information with the Council. Stacking is an issue that is at the top of the radar screen for Randolph.

Councilwoman Mitsch reported that the Planning Board approved a preliminary application for the Nitti property. They want to move forward with the dedication of the 80 acres of open space to the Township. The developer for the project indicated that he is willing to provide public access to the open space.

Councilwoman Price reported that she attended a Board of Health meeting and there were no applicants for student members this year. They are going to contact the high school guidance office to seek out available applicants. The Board is reviewing their 2005 accomplishments in order to set goals for 2006.

Councilman Napoliello reported that he attended a Recreation Committee meeting where he learned that the new turf field at Freedom Park is booked for March to hold practice sessions for soccer and lacrosse.

Deputy Mayor Obremski commented that, during a Parks Committee meeting, he learned that the high school teams will also be using the turf field during hours when the recreation teams aren’t using it. He also reported that new trees were planted at Brundage Park. Also, an architect has been chosen for the expansion to the Brundage Park Playhouse and it is expected to go out to bid in late March/early April for construction. Due to the recent snowfall, many children were sledding at Brundage Park. Skate Park fees are in the process of being revised. The soccer booster club has agreed to renovate the snack bar at Heistein’s Park. Stonybrook Park is requesting a five year extension on their lease in order to plan for some long term capital expenditures. Harbor Hills Day Camp is requesting to use the pond at Heistein’s Park for some water activities during the day when their camp is in session. The Parks Committee is working with them to set up some parameters for the use of that facility. The Parks Committee is expressing concern regarding the maintenance of trails in Randolph and how that will be handled as the trails continue to expand and the maintenance crews are stretched thin.

Mayor Algeier suggested the Key Club as a source for student members for various committees. He asked for a motion to nominate Matt Delaney as a student member for the Environmental Commission.

Councilwoman Mitsch moved the nomination. Councilwoman Price seconded the motion. A voice vote in favor was unanimous.

Councilman Huston suggested his appointment be for two years to coincide with his graduation in June of 2007.

Manager Lovell noted that the agenda lists two agreements with Shongum Lake and he recommends not acting on these until after discussion of an outstanding issue during Executive Session. He reported that the coordinators of the bicentennial dinner dance have a balance of $3,000.00 in that fund and have chosen to award six scholarships to the County College of Morris. The Manager met with Geoff Price and John Van Brunt to discuss the Freedom Festival, and an area where they feel they are lacking is fundraising. They are looking for volunteers to step forward to assist with the fundraising activity. If the money is not raised, Council will need to discuss during their budget deliberations how they wish to finance the Freedom Festival.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, explained for the benefit of the Boy Scouts in attendance her role as a member of the League of Women Voters in coming to these meetings to assure proper protocol is followed and how they host forums for candidates running for office in Randolph. She also explained that residents who work on the various committees who do so much for the benefit of Randolph are not paid employees but are volunteers, often appointed by the Council.

ORDINANCES

A. Introduction

(1) Acquisition of Kingland Tract - Mountainside Drive

Manager Lovell explained that this is a 44 acre tract located on Mountainside Drive traversed by the Mill Brook, a C1 stream. Preservation of these acres will protect the stream and help protect the Jersey City Reservoir. Funding for this property will come from a grant through the Morris County Open Space Fund, Green Acres and a contribution from the Township Open Space Fund.

BE IT RESOLVED that an Ordinance entitled AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 199, LOT 1, AND BLOCK 27, LOT 6, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (KING LAND CO. PROPERTY) 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 March 2, 2006, at 7:30 p.m. in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Manning moved introduction of the ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Open Space Committee Membership

Manager Lovell explained that this ordinance will stagger the terms for members and alternates on the Open Space Committee. During the drafting of the ordinance, input was received by the chairperson of the Open Space Committee.

BE IT RESOLVED that an Ordinance entitled REVISED ORDINANCE TO AMEND SECTIONS 10-172(a), (b), and (c) 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 March 2, 2006, at 7:30 p.m. in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Manning moved introduction of this ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilman Huston requested pulling Item 9A for further discussion.

Councilman Manning requesting pulling Items 9C, M and N.

Councilman Manning made a motion to approve the Combined Action Items with the exception of Items 9A, 9C, M and N. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. 2006 Professional Services Agreements

(1) Township Attorney - Ed Buzak - $264,000.00

(2) Public Defender - Allan Iskra - $14,000.00

(3) Prosecutor - Mike Cresitello - $25,000.00

(4) Developer Agreements - Anthony Bucco, Jr., - $135.00 per hour

(5) Tax Appeals - Richard DeAngelis - $24,000.00

(6) Labor Counsel - Fred Knapp - $5,000.00

(7) Bond Counsel - John Kraft - See Agreement

(8) Auditor - Nisivoccia & Co - $41,830.00

Acted on separately.

B. Professional Services Agreements for Environmental Services/Soil Testing - Land Acquisitions

R _____

(1) Viridian Environmental - $5,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Viridian Environmental Consultants for the purpose of professional environmental services in connection with soil and tank inspection and removal on an as-needed basis; and

WHEREAS, the cost for such professional environmental services will not exceed five thousand dollars ($5,000.00); 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, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Viridian Environmental Consultants.

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: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Viridian Environmental for environmental services/soil testing in the amount not to exceed $5,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

(2) LBR Services - $7,500.00

WHEREAS, there exists a need to enter into a professional services agreement with LBR Services, LLC, for the purpose of professional environmental services in connection with soil and tank inspection and removal on an as-needed basis; and

WHEREAS, the cost for such professional environmental services will not exceed seven thousand five hundred dollars ($7,500.00); and

WHEREAS, funds are available for this purpose; and

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

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

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with LBR Services LLC.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to LBR for environmental services/soil testing in the amount not to exceed $7,500.00.

_______________________
Michael J. Soccio
Chief Financial Officer

C. Professional Services Agreements for Appraisal Services - Open Space

Acted on separately.

D. Professional Services Agreements for Environmental Engineering - Open Space

R _____

(1) PK Environmental Engineering - $10,000.00

WHEREAS, there exists a need to enter into a professional services agreement with PK Environmental Engineering for the purpose of professional environmental engineering services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional environmental services will not exceed ten thousand dollars ($10,000.00); 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, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with PK Environmental Engineering.

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: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to PK Environmental Engineering for environmental engineering services in the amount not to exceed $10,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

(2) EcolSciences, Inc. - $15,000.00

WHEREAS, there exists a need to enter into a professional services agreement with EcolSciences, Inc. for the purpose of professional environmental engineering services in connection with open space acquisitions on an as-needed basis; and

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

WHEREAS, funds are available for this purpose; and

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

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

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with EcolSciences, Inc.

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: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to EcolSciences, Inc. for environmental engineering services in the amount not to exceed $15,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

E. Professional Services Agreement With Mapco Incorporated for Land Surveying Services - Open Space - $10,000.00

R _____

WHEREAS, there exists a need to enter into a professional services agreement with Mapco Incorporated to provide professional land surveying services on an as-needed basis; and

WHEREAS, the cost for such professional land surveying services will not exceed ten thousand dollars ($10,000.00); 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, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Mapco Incorporated.

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: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Mapco Incorporated for land surveying services in the amount not to exceed $10,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

F. Professional Services Agreement With Jaman Engineering for Professional Surveying Service - Open Space - $30,000.00

R _____

WHEREAS, there exists a need to enter into a professional services agreement with Jaman Engineering Associates to provide professional surveying services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional environmental services will not exceed thirty thousand dollars ($30,000.00); and

WHEREAS, funds are available for this purpose; and

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

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

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

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

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Jaman Engineering Associates.

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

3. The Business Entity Disclosure Certification and the Determination of Value Certification shall be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Jaman Engineering for land surveying services in the amount not to exceed $30,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

G. Professional Services Agreement With ARH Associates for Updating Tax Maps - $3,000.00

R _____

WHEREAS, there exists a need to enter into a professional services agreement with ARH Associates for the purpose of updating tax maps; and

WHEREAS, the cost for such updating of tax maps will not exceed three thousand dollars ($3,000.00); 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, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with ARH 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: February 16, 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 the 2006 budget, Tax Assessing - Other Expenses, to award a contract to ARH Associates for updating tax maps in the amount not to exceed $3,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

H. Professional Services Agreement With Appraisal Consultants for Appraisal Service - Tax Appeals - $15,000.00

R _____

WHEREAS, there exists a need to enter into a professional services agreement with Appraisal Consultants Corp. for the purpose of professional appraisal services in defense of tax appeals; and

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

WHEREAS, funds are available for this purpose; and

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

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

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Appraisal Consultants Corp.

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: February 16, 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 the 2006 budget, Tax Assessing - Other Expenses, to award a contract to Appraisal Consultants for appraisal services for tax appeals in the amount not to exceed $15,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

I. Supporting Road Closings for 9th Annual William and Teresa Wright Memorial 5K Run/3K Walk

R _____

WHEREAS, Robert R. Gorman, Director/Treasurer of the Teresa G. Wright Promise Foundation, is requesting road closing and Randolph Township Police Department assistance on June 17, 2006, for the Eighth Annual William and Teresa Wright Memorial 5K Run/3K Walk; and

WHEREAS, the Teresa G. Wright Promise Foundation is a non-profit public charitable organization devoted to promote highway safety, to effect the eradication of drunk/impaired driving, to education the public on these issues, and to meet the general needs of society.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council supports the road closings for the Eighth Annual William and Teresa Wright Memorial 5K Run/3K Walk.

J. Authorizing Award of Contract for Waterworks Specialties to Lee Company, Atlantic States, and Kennedy Companies

R _____

WHEREAS, the Township of Randolph wishes to award a contract for purchasing supplies (Supplying of Water Works Specialties) on an as-needed basis for the Water and Sewer Department; and

WHEREAS, bids have been advertised and received in accordance with the “Local Public Contracts Law” on January 24, 2006; and

WHEREAS, the Township has determined that the Lee Company of Denville, New Jersey, is the low bidder on fifty-nine items, Atlantic States, Phillipsburg, New Jersey, is the low bidder on seven items, and the Kennedy Companies, Totowa, New Jersey, was low bid on the remainder.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded for the Supplying of Water Works Specialties to the Lee Company, Atlantic States, and Kennedy Companies, as attached, for a contract term of February 1, 2006 to January 31, 2008.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 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 the 2006 budget, Water and Sewer - Other Expenses, to award a contract to the Lee Company, Atlantic States and Kennedy Companies for water works specialties per their bids.

_______________________
Michael J. Soccio
Chief Financial Officer

K. Acknowledging Receipt of DEP Letter Regarding Opportunities to Apply for Green Acres Funds

R _____

See attached letter from New Jersey DEP Green Acres Program.

L. Authorizing Fire/First Aid Mutual Agreement With the Town of Dover

R _____

WHEREAS, the Township of Randolph wishes to enter into an Agreement with the Town of Dover for mutual fire fighting and EMS assistance; and

WHEREAS, each of the parties maintains equipment and personnel for the suppression of fires, rescue, and/or emergency medical services within its own jurisdiction and areas; and

WHEREAS, it is mutually deemed sound, desirable, practical, and beneficial for the named parties to render assistance to one another in accordance with the terms set forth by the agreement; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Mayor be authorized to sign this Mutual Fire Fighting and EMS Assistance Agreement.

M. Authorize Agreement With Shongum Lake Property Owners’ Association - Repair of Dam

Acted on separately.

N. Authorize the Township to Execute Loan Documents as a Co-Borrower - NJDEP Program for Shongum Lake Repair of Dam

Acted on separately.

O. Raffle Licenses

(1) The Educational Foundation of the Chesters, Tricky Tray and On-Premise 50/50, May 4, 2006, 6:30 p.m. to 10:00 p.m., at the Meadow Wood Manor, Route 10, Randolph

(2) County College of Morris Foundation, Off-Premise Merchandise Raffle, April 22, 2006, 9:00 a.m. to Noon at CCM, 214 Center Grove Road, Randolph

Councilman Huston expressed concern about whether the professional services awards are in agreement with the new guidelines regarding no-bid contracts and would like to have a better understanding of these regulations before moving forward with these awards.

Manager Lovell responded that these professional services will be placed on the next agenda and will contain certification that the Business Entity Disclosure Statements are in-house.

Mayor Algeier suggested approving some of the professional services awards that were for less than $17,500.00.

Councilman Huston asked how contracts with no amounts are determined.

Manager Lovell responded that the staff determined the anticipated amount of activity in a particular area for 2006.

Tiena Cafoni suggested she research what would happen if an award that was anticipated to be under $17,500 went over that amount during the year.

Councilman Huston commented that Randolph should make a good faith effort to be in compliance with all of the regulations.

Manager Lovell responded that they will take more time to insure everything in connection with pay-to-play is accurate. He wants the Council to be comfortable that we are in compliance when making professional services awards.

Councilman Huston stated that, especially since this is an election year, it should all be done correctly so it doesn’t become a campaign issue.

Councilman Napoliello made a motion to approve items 9A(2) and 9A(6). Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Manning

Councilman Huston made a motion to rescind approval of item F. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. 2006 Professional Services Agreements

R _____

(2) Public Defender - Allan Iskra - $14,000.00

(6) Labor Counsel - Fred Knapp - $5,000.00

WHEREAS, there exists a need for various professional services to be rendered to the Township of Randolph; and

WHEREAS, funds are subject to budget approval; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5, et. seq) requires that the resolution authorizing the award of contracts for “professional services” without competitive bidding and the contract itself must be made available for public inspection.

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

1. The Township of Randolph hereby authorizes the execution of agreements with the following professionals for the year beginning January 1, 2006:

b) Allan Iskra, Esq., as Public Defender
f) Fredric M. Knapp, Esq., as Labor Negotiations Counsel

2. These contracts are awarded without competitive bidding as “professional services” in accordance with N.J.S.A. 40A:11-5 (1)(a) of the Local Public Contracts Law because said services are performed by a person authorized by law to practice a recognized profession.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the General Trust - Public Defender, to award a contract to Allan Iskra, Esq., as Municipal Public Defender in the amount not to exceed $14,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 16, 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 the 2006 budget, Legal Other Expense, to award a contract to Fredric M. Knapp, Esq., of Torzewski & Dalena, LLC, as Special Labor Counsel in the amount not to exceed $5,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

Mayor Algeier called for a vote on Item C1. The following roll call vote was taken:

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

NAYS: Councilman Manning

Councilman Manning made a motion to approve Items C2 and C3. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

C. Professional Services Agreements for Appraisal Services - Open Space

R _____

(1) Certified Valuations - $5,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Certified Valuations, Inc. for the purpose of professional appraisal services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional appraisal services will not exceed five thousand dollars ($5,000.00); 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, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Certified Valuations, Inc.

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: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Certified Valuations for environmental services/soil testing in the amount not to exceed $5,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

(2) Landmark I Appraisers - $10,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Landmark I Appraisers for the purpose of professional appraisal services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional environmental services will not exceed ten thousand dollars ($10,000.00); 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, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Landmark I Appraisers.

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: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Landmark I Appraisers in the amount not to exceed $10,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

(3) Integra Realty Resource- $15,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Integra Realty Resource for the purpose of professional appraisal services in connection with open space acquisitions on an as-needed basis; and

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

WHEREAS, funds are available for this purpose; and

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

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

1. The Township of Randolph hereby authorizes the execution of a Professional Services Agreement with Integra Realty Resource.

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: February 16, 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 #23-00, Acquisition of Land for Open Space, to award a contract to Integra Realty for environmental services/soil testing in the amount not to exceed $15,000.00.

_______________________
Michael J. Soccio
Chief Financial Officer

COUNCIL COMMENTS

Councilman Napoliello noted that John Conklin resigned from the Parks Committee and nominated Lenny Petranis to fill that position.

Hearing no other nominations, the following roll call vote was taken:

AYES:
Councilman Huston
Councilman Manning
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Mitsch

OPEN TO PUBLIC

Tim Knierim, 7 Ripplewood Drive, the President of the SLPOA, spoke about the one remaining issue between the town and the Shongum Lake Property Owners’ Association, which is an indemnity provision in the agreement. It is the feeling among the membership that they have compromised on many issues relating to this agreement, and indemnifying the township from litigation forever doesn’t seem like a partnership to them.

Richard Marcickiewicz, the attorney representing the SLPOA, commented that it has been a lengthy negotiation process, an agreement is close and it represents a fair agreement between the parties involved. Agreement is down to one remaining issue as discussed by Mr. Knierim. It is his opinion that the town bears little liability and would be covered by insurance should a frivolous claim arise in the future in connection to construction of the dam.

Councilman Huston explained the insurance the Township has though the MEL/JIF. He stated that he would like to see the Township and the Association have an agreement with which everyone can be satisfied.

There was further discussion regarding insurance costs between members of the Council and Mr. Marcickiewicz.

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, and State of New Jersey, as follows:

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

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

a. Randolph v. Catizone
b. Shongum Lake Property Owners Agreements
c. Chabad v. Randolph
d. Old Brookside Road Drainage Easement

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

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

Councilwoman Price 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
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Manning

ABSENT: Councilwoman Mitsch

RE-CONVENE

Mayor Algeier asked for a motion to refer the zoning questions regarding the equine issue to the Board of Health for review as to the appropriate handling of these animals in Randolph.

Councilwoman Mitsch made a motion to forward the zoning questions to the Board of Health. Deputy Mayor Obresmki seconded the motion, and the voice vote in favor was unanimous.

Mayor Algeier noted that there will be no motion on the SLPOA agreement at this time. The matter was discussed during Executive Session and it has been referred back to the negotiating team for further discussion.

ADJOURNMENT

Councilwoman Price made a motion to adjourn the meeting. Councilwoman Mitsch seconded the motion.

Mayor Algeier adjourned the meeting at 11:05 p.m.

Donna Marie Luciani
Acting Township Clerk