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: June 1, 2006

A regular meeting of the Randolph Township Council was called to order at 8:10 p.m. by Councilman Napoliello. 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 8:15 p.m.)
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski (arrived 8:20 p.m.)
Mayor Algeier (arrived 8:15 p.m.)

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

Councilman Napoliello led the Pledge of Allegiance.

APPROVAL OF MINUTES

Regular Minutes: December 29, 2005; January 1, 5, 19 and 26, 2006; February 2, 16 and 23, 2006; March 2, 2006

The minutes were approved as presented.

Executive Minutes: December 29, 2005; January 5, 19 and 26, 2006; February 2, 16 and 23, 2006; March 2, 2006

Councilman Napoliello requested the Executive Minutes for December 29, 2005 be amended to reflect the correct Council attendance at the meeting.

Councilman Huston made a motion to approve the Executive Minutes as amended. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Huston
Councilman Manning
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price

NAYS: None

ABSENT:
Deputy Mayor Obremski
Mayor Algeier

COUNCIL AND MANAGER REPORTS

Councilman Manning suggested that perhaps the time was appropriate to revisit the issue of developing Millbrook Valley Park with the Open Space Committee.

Councilman Huston asked for an update regarding the proposed anti-stacking and amended fire inspection ordinances regarding rental properties.

Manager Lovell responded that those ordinances will be on an agenda later in June.

Councilman Huston inquired whether the Manager could remind the DEP of an application before them which would remove the Millbrook Basin from the sewer service area.

The Manager replied that he will take action on that.

Councilwoman Price thanked the Manager for taking a walk-through of the Walnut Grove Cemetery and recommendations he made. She will share those recommendations with the Landmarks Committee. The Councilwoman asked if the repairs to the Dog Park that were suggested by residents would be completed soon.

The Manager responded that once manpower in the Parks and Recreation Department was increased over the summer those repairs would be made.

Mayor Algeier announced that he and Councilman Napoliello will be competing in the Senior Olympics.

OPEN TO PUBLIC

Hearing no comments from the public, the public portion was closed.

ORDINANCES

A. Second Reading and Public Hearing

(3) Ordinance #12-06—Bond Ordinance for Capital Improvements Funding Equipment Acquisitions Totaling $1,108,000.00 and Authorizing $767,000.00 Debt

BE IT RESOLVED that an Ordinance entitled “Bond Ordinance Providing for Various Capital Improvements by the Township of Randolph, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $1,108,000.00 Therefore, and Authorizing the Issuance of $767,000.00 Bonds or Notes of the Township to Finance Part of the Cost Thereof” be read by title on second reading and a hearing held thereon.

Mayor Algeier opened the meeting for public hearing.

Fire Chief Mark Forstenhausler introduced himself along with Deputy Chief Mark Absalon and Company #2 Chief Steve Vogel. Chief Forstenhausler summarized the new fire pumper that this ordinance will be funding and the benefits it will bring to both the township and the safety of the volunteers fighting fires.

Deputy Mayor Obremski asked what happens to pumper trucks that are retired.

Chief Forstenhausler responded that often they are able to trade vehicles in and apply that money towards new equipment.

Mayor Algeier thanked the fire department for all they do for the township.

The public hearing portion was closed.

BE IT RESOLVED that an Ordinance entitled “Bond Ordinance Providing for Various Capital Improvements by the Township of Randolph, in the County of Morris, New Jersey, Appropriating the Aggregate Amount of $1,108,000.00 Therefore, and Authorizing the Issuance of $767,000.00 Bonds or Notes of the Township to Finance Part of the Cost Thereof” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Manning made a motion to adopt the ordinance. Councilwoman Price seconded the motion.

Mayor Algeier asked if there was a possibility of sharing the proposed wash-bay for the DPW with surrounding towns.

Manager Lovell responded that discussions are on-going with several surrounding towns regarding this issue. He added that the wash-bay could also be used by the Board of Education as well. However, there is some concern about the ability to handle the brine run-off and discussions will continue.

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

(1) Ordinance #8-06—Amendments to Yard Waste Ordinance #8-05

Manager Lovell reported that this ordinance corrects and re-writes a prior ordinance to make the issue of leaf collection more specific, clear, and to the point.

BE IT RESOLVED that an Ordinance entitled “Ordinance Amending and Supplementing Article III, Mandatory Recycling of Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” be read by title on second reading and a hearing held thereon.

Mayor Algeier opened the meeting for public hearing. Hearing no comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “Ordinance Amending and Supplementing Article III, Mandatory Recycling of Chapter 42, Solid Waste Management, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Manning made a motion to adopt the ordinance. Deputy Mayor Obremski seconded the motion.

Council discussion followed centering on the possibility of implementing an enforcement mechanism and offering incentives for residents to report violations. It was decided to let the new ordinance take effect as is for a year, and if it needs to address enforcement or incentives next year, it can be amended at that time.

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) Ordinance #11-06—Amending Ordinance #32-05—Fee Schedule of the Revised Ordinances of Randolph Township (Police Outside Duty)

BE IT RESOLVED that an Ordinance entitled “An Ordinance Amending Appendix A—Fee Schedule of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance puts in writing several internal policies and rates that have been in place for a number of years at the request of the JIF.

Mayor Algeier opened the meeting for public hearing. Hearing no comments from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “An Ordinance Amending Appendix A—Fee Schedule of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

Council discussion followed on options to using police officers at township events when it might be cost effective to either hire an outside firm or use police from other towns. The Manager stressed that police do sign up to cover most events in town with the exception of the Fourth of July event, and perhaps it wouldn’t be worth creating hard feelings over this issue. The Manager will provide a report on the cost for police overtime versus off-duty pay for events.

The following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Napoliello

(3) Ordinance #13-06—Capital Ordinance for Funding Road Overlays, Park Improvements and Equipment Acquisitions—$1,035,500.00

BE IT RESOLVED that an Ordinance entitled “An Ordinance of the Township of Randolph Providing for Various 2006 Capital Improvements Appropriating $1,035,500.00, Therefore, Including $750,000.00 from the Capital Improvement Fund; $100,000.00 from the New Jersey Department of Transportation; $42,500.00 from the Recreation Development and Redevelopment Trust Fund; and $143,000.00 from Capital Surplus” be read by title on second reading and a hearing held thereon.

Mayor Algeier opened the meeting for public hearing. Hearing no comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “An Ordinance of the Township of Randolph Providing for Various 2006 Capital Improvements Appropriating $1,035,500.00, Therefore, Including $750,000.00 from the Capital Improvement Fund; $100,000.00 from the New Jersey Department of Transportation; $42,500.00 from the Recreation Development and Redevelopment Trust Fund; and $143,000.00 from Capital Surplus” 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.

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

Mayor Algeier asked the Manager what improvements were being paid for from the Parks Trust Fund.

The Manager responded that the improvements include the Heistein Park pump station, irrigation, fencing, building demolition, walkway replacements, backstop replacements, resurfacing of tennis courts, upgrading baseball dugouts, and general trail system repairs.

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

(4) Ordinance #14-06—Amending Section 16-46(a), Designation Of Complaint Officer, of Chapter 16, Cable Communications

BE IT RESOLVED that an Ordinance entitled “An Ordinance Amending Section 16-46(a), Designation of Complaint Officer, of Chapter 16, Cable Communications, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey” be read by title on second reading and a hearing held thereon.

Manager Lovell explained that this was recommended by the Board of Utilities as a way to alleviate Randolph receiving cable service complaints from areas outside of Randolph.

Mayor Algeier opened the meeting for public hearing. Hearing no comments from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “An Ordinance Amending Section 16-46(a), Designation of Complaint Officer, of Chapter 16, Cable Communications, 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 Huston seconded the motion. 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

B. Introduction

(1) Authorize Acquisition of Drainage Easement—Old Brookside Road

Manager Lovell noted that this ordinances finalizes the acquisition of an easement on the Parks’ property that was begun in the 1970’s but was never completed.

BE IT RESOLVED that an Ordinance entitled “Ordinance Accepting From David H. Parks and Laurie Ann Parks a Certain Grant of Drainage Easement Over a Portion of Block 103, Lot 69, on the Official Tax Map of the Township of Randolph, Morris County, New Jersey, for the Purposes as Set Forth Therein” 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 July 6, 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.

Deputy Mayor Obremski made a motion to introduce the ordinance. 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

(2) Amend Chapter 8, Animals

Manager Lovell stated that this ordinance deals with the revocation of licenses for kennels, pet shops, shelters or pounds.

BE IT RESOLVED that an Ordinance entitled “An Ordinance Amending Chapter 8, Animals, 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 July 6, 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.

Councilwoman Price made a motion to introduce the ordinance. 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

COMBINED ACTION RESOLUTIONS

It was requested that Item M and Item N be pulled for further discussion. Regarding Item L, Manager Lovell advised that subsequent 60-day liquor licenses be issued to Cerilli’s Restaurant instead of the usual one-year license until the legal case against them is resolved. Councilman Huston requested that more information be placed on the agenda when escrow is involved.

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of 2005 Taxes Due to a Reduction in Assessed Valuation for Block 5, Lot 8, Qualif C0002 to Beta Dvp. LLC—$7,712.23

R-108-06

WHEREAS, Beta Dev LLC has been granted a reduction in assessed valuation for the tax year 2005 by the Tax Court of New Jersey on Block 5, Lot 8, Qualif. C0002, known as 1578 Sussex Turnpike; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2005 in the amount of $7,712.23; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $7,712.23 to Beta Dev LLC.

(2) Refund Overpayment of 2006 Taxes Due to a Reduction in Assessed Valuation for Block 5, Lot 8, Qualif C0003 to Beta Dvp. LLC—$33,883.24

R-109-06

WHEREAS, Beta Dvp LLC has been granted a reduction in assessed valuation for the tax year 2005 by the Tax Court of New Jersey on Block 5, Lot 8, Qualif. C0003, known as 1578 Sussex Turnpike; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2005 in the amount of $33,883.24; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $33,883.24 to Beta Dvp LLC.

(3) Refund Outside Tax Sale Certificate for Block 80, Lot 14, 33 Zeliff Place, to Park Finance, LLC—$14,163.87

R-110-06

WHEREAS, Outside Tax Sale Certificate #1843, held by Park Finance, LLC, assessed to Arnold Klingler, Jr., Block 80, Lot 14, 33 Zeliff Place; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $14,163.87.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $14,163.87 to Park Finance, LLC, holder of Tax Sale Certificate #1843.

(4) Refund 2006 Teen Travel Camp Fee to Richard Hantke—$695.00

R-111-06

WHEREAS, Richard Hantke registered his son for Teen Camp and paid the fee in the amount of $795.00; and

WHEREAS, his son will not be attending the Teen Camp and he 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 $695.00 ($795.00 minus $100.00 processing fee) be refunded to Richard Hantke, 45 Heritage Court, Randolph, NJ 07869.

(5) Refund Steep Slope Application Submittal Fee for 14 High Street to Michelle Marconi—$390.00

R-112-06

WHEREAS, Michelle Marconi submitted a Steep Slope application in January 2006 and paid a fee in the amount of $390.00; and

WHEREAS, the application was exempt from the Steep Slope regulations under LDO 15-44.8.

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 application fee in the amount of $390.00 be refunded to Michelle Marconi, 141 High Street, Randolph, NJ 07869.

(6) Refund 2006 Teen Travel Camp Fee Paid in Error to Nirmala Raman—Difference of $130.00

R-113-06

WHEREAS, Nirmala Raman registered her child for Teen Camp and paid the fee of $845.00; and

WHEREAS, Ms. Raman should have registered her child for Day Camp and it is recommended that the difference be refunded.

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 $130.00 be refunded to Nirmala Raman, 3 Buckingham Court, Randolph, NJ 07869.

(7) Refund Day Camp Fee for 2 Children to Mr. and Mrs. Arce—$1,330.00

R-114-06

WHEREAS, Mr. and Mrs. Arce registered their two (2) children for Day Camp and paid the fee of $715.00 for each child; and

WHEREAS, Mr. and Mrs. Arce are requesting a refund because their two (2) children will not be attended the Day Camp.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $1,330.00 ($1,430.00 less $100.00 processing fee) be refunded to Mr. and Mrs. Arce, 13 Lilac Place, Randolph, NJ 07869.

(8) Release Escrow Funds to Jonathan Seligson for Block 93, Lot 7.05 and 7.06—$547.00

R-115-06

WHEREAS, the Planning and Zoning Department received escrow funds from Jonathan Seligson for Block 93, Lots7.05 and 7.06; 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 $547.00 be refunded to Jonathan Seligson, 16 Devonshire Drive, Randolph, NJ 07869.

(9) Release Stabilization Bonds for 6 and 10 Red Oak Lane to K. Hovnanian Companies—$2,000.00

R-116-06

WHEREAS, on March 2, 2006 and March 24, 2006, Engineering received and deposited with the Finance Department two checks each in the amount of $1,000.00 which covered stabilization bonds for the following blocks and lots:

Block Lot Address Date Deposited
199 46.13 10 Red Oak Lane March 24, 2006
199 46.11 6 Red Oak Lane March 2, 2006

WHEREAS, the lots have been sodded and are permanently stabilized.

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 Bressan, Township Engineer, that $2,000.00 ($1,000.00 each bond) be refunded to K. Hovnanian Companies, Two Tower Center, East Brunswick, NJ 08816.

(10) Refund Teen Camp to Mr. & Mrs. Lindquist—$695.00

R-117-06

WHEREAS, Mr. and Mrs. Lindquist registered their son for Teen Camp and paid the fee in the amount of $795.00; and

WHEREAS, their son will not be attending the Teen Camp and they are 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 $695.00 ($795.00 minus processing fee) be refunded to Mr. and Mrs. Lindquist, 9 Hillcrest Drive, Randolph, NJ 07869.

(11) Refund Teen Camp Fee to Mr. & Mrs. Cogan—$695.00

R-118-06

WHEREAS, Mr. and Mrs. Cogan registered their son for Teen Camp and paid the fee in the amount of $795.00; and

WHEREAS, their son will not be attending the Teen Camp and they are 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 $695.00 ($795.00 minus processing fee) be refunded to Mr. and Mrs. Cogan, 12 Deepdale Drive, Randolph, NJ 07869.

(12) Refund Six Weeks of Fees for Summer Stages to Kelly Steindler—$875.00

R-119-06

WHEREAS, Kelly Steindler registered her daughters for the Summer Stages Program and paid the fee in the amount of $900.00; and

WHEREAS, her daughters will not be attending the following weeks:
Jessica and Romana—Weeks #5 and #6
Jessica—Weeks #7 and #8

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 $875.00 ($150.00 x 6 weeks, less the $25.00 processing fee) be refunded to Ms. Kelly Steindler, 19 Old York Road, Randolph, NJ 07869.

(13) Release Remaining Escrow Funds for Block 31, Lot 8, to Robert Bava—$920.00

R-120-06

WHEREAS, the Planning and Zoning Department received escrow funds from Robert Bava for Block 31, Lot 8; 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 $920.00 be refunded to Robert Bava, 175 Park Avenue, Randolph, NJ 07869.

(14) Release Remaining Escrow Funds for Block 86, Lot 80, to William Carle—$433.00

R-121-06

WHEREAS, the Planning and Zoning Department received escrow funds from William Carle for Block 86, Lot 80, in the amount of $1,000.00; 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 $433.00 be refunded to William Carle, 133 Morris Turnpike, Randolph, NJ 07869.

(15) Release Escrow Funds for Police Detail to Three Entities: MCSSADA—532.00; Fai-Gon Electric Inc.—$426.00; Resurrection Parish—$292.50

R-122-06

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

WHEREAS, the detail work has been completed.

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

MCSSADA $532.50
Fai-Gon Electric, Inc. $426.00
Resurrection Parish $292.50

(16) Release Remaining Escrow for Vacation of Cul-de-Sac on Shady Lane to Steven and Jacqueline Kovacs—$740.00

R-123-06

WHEREAS, Ordinance #24-05 to vacate the Shady Lane cul-de-sac, located adjacent to 126 Shady Lane, was approved by the Council on May 5, 2005; and

WHEREAS, on March 22, 2005, Steven and Jacqueline Kovacs submitted Check No. 653 in the amount of $1,000.00 which was received and deposited with the Finance Department for the purposes of covering the legal escrow; and

WHEREAS, the total fee charged to this escrow by the Township was $260.00; and

WHEREAS, Ed Buzak’s Law Office included this charge in his monthly retainer fee, which is paid by the Township; and

WHEREAS, Steven and Jacqueline Kovacs are requesting a refund of the remainder of the escrow.

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 Lovell, Township Manager, that the amount of $732.00 be refunded to Steven and Jacqueline Kovacs at 126 Shady Lane, Randolph, NJ 07869.

B. Establishing Electronic Payment Register for Tax Payments, Water and Sewer Payments, Fees, Assessments and Fines

R-124-06

WHEREAS, in accordance with N.J.S.A. 40A:5-45, the Township of Randolph is establishing an electronic payment system; and

WHEREAS, the Township will be accepting electronic payments for taxes, water and sewer charges, fees, assessments and fines.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township establish an electronic payment system for tax payments, water and sewer payments, fees, assessments and fines.

C. Authorizing Award of Contract for Bid for Leaf Loading and Hauling Services

R-125-06

WHEREAS, the Township of Randolph wishes to award a contract for Leaf Loading and Hauling Services for a two-year contract period from October 2006 through February 2008; and

WHEREAS, bids have been advertised and received on April 27, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph received four (4) bids and has determined that Grinnell Recycling, Inc., Sparta, New Jersey, is the low bidder and meets the specifications and requirements and is recommended for the award of a two-year contract at $4.37 per cubic yard for year one and $4.68 for year two.

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 Grinnell Recycling, Inc., Sparta, New Jersey, for a two-year contract at $4.37 per cubic yard for year one and $4.68 for year two.

D. Authorizing the Rescission of MCCPC Contract #30 (Office Paper Supplies) from Paper Mart, Inc.

R-126-06

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes an award of Contract #30 (Office Paper Supplies) for a six (6) month contract period (July 1, 2006 - December 31, 2006); and

WHEREAS, bids have been advertised and received on May 31, 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 the following companies are the low bidders for the specific line items and should be awarded as noted:

CENTRAL LEWMAR
Items #1, 2, 3, 4, 5, 8, 9, 10, 19, 20, 22, 23 and 24

PATERSON PAPERS
Items #6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 21 and 25

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 Central Lewmar and Paterson Papers for Contract #30 (Office Paper Supplies) for a six (6) month contract period beginning July 1, 2006 to December 31, 2006.

E. Authorizing Contract Extension for Statewide Sanitation Services Corporation for Janitorial Services (5 Buildings)—July 1, 2006 to June 30, 2007—$31,500.00

R-127-06

WHEREAS, the Township of Randolph wishes to award a contract for Janitorial Services (5 buildings—Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW), and Randolph Artworks) in the Township of Randolph from July 1, 2006 to June 30, 2007; and

WHEREAS, a contract was awarded to Statewide Sanitation Services Corporation of West Orange, New Jersey, on June 16, 2005, for a one-year period with an option to extend for an additional twelve (12) months; and

WHEREAS, the Township has decided to extend this contract for the additional twelve (12) months at a total contract price of $31,500.00.

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 Statewide Sanitation Services Corporation of West Orange, New Jersey, for Janitorial Services in the Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW), and Randolph Artworks) at a total contract price of $31,500.00 from July 1, 2006 to June 30, 2007.

F. Authorizing the Change of an Award of Contract for Printing of Business Cards to Business Partner of Morris Plains—$30.00

R-128-06

WHEREAS, the Township of Randolph wishes to change an award on a contract for Printing of Business Cards for the remainder of the contract period of one (1) year (February 1, 2006 - January 31, 2007); and

WHEREAS, bids have been advertised and received on January 10, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township awarded the printing of business cards to Hawk Graphics as the low bidder on January 19, 2006, at a cost of $27.00; and

WHEREAS, Hawk Graphics is adding typesetting charges to the award amount, making them higher than the next low bidder; and

WHEREAS, Business Partner, Morris Plains, New Jersey, is now the low bidder at $30.00 and has agreed to hold the bid price.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract for printing of business cards be awarded to Business Partner, Morris Plains, New Jersey, for the Township of Randolph for the remaining contract term, June 1, 2006 to January 31, 2007.

G. Endorsing Use of MCCPC Contractors for Calais Road Milling and Resurfacing

R-129-06

WHEREAS, the Township has received an award of $100,000.00 from the New Jersey Transportation Trust Fund for the milling and resurfacing of Calais Road; and

WHEREAS, the Department of Transportation allows for townships to award contracts for such construction to firms which have previously been awarded contracts through a cooperative price council; and

WHEREAS, the Morris County Cooperative Pricing Council annually awards such bids for paving construction in accordance with Chapter 40 of the Local Public Contracts Law; and

WHEREAS, Tilcon New York Corporation of Middlesex, New Jersey, has been awarded the 2006 Morris County Cooperative Pricing Council contract for bituminous concrete paving and milling; and

WHEREAS, Campbell Foundry of Harrison, New Jersey, has been awarded the 2006 Morris County Cooperative Pricing Council contract for Catch Basins and Manhole Castings; and

WHEREAS, Denville Line Painting of Rockaway, New Jersey, has been awarded the 2006 Morris County Cooperative Pricing Council contract for Traffic Painting.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Council hereby agrees and concurs with the award of contracts to Tilcon New York Incorporated, Campbell Foundry, and Denville Line Painting for the milling and resurfacing of Calais Road in accordance with the regulations of the New Jersey Department of Transportation.

H. Authorize and Support MAC Grant Renewal Application

R-130-06

WHEREAS, the Township Council of the Township of Randolph, County of Morris, State of New Jersey, recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and

WHEREAS, the Township Council further recognizes that it is incumbent upon not only public officials, but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township Council has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Morris.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph, in the County of Morris, State of New Jersey, hereby recognizes the following:

1. The Township Council does hereby authorize submission of an application for the Randolph Municipal Alliance grant for calendar year 2007 in the amount of $22,308.00

2. The Township Council acknowledges the terms and conditions for administering the Randolph Municipal Alliance grant, including the administrative compliance and audit requirements.

I. Award of Maintenance Contract for Fire Apparatus to Absolute Fire Protection Company

R-131-06

WHEREAS, the Township wishes to award a maintenance contract for the Township’s Fire Apparatus for a two-year period from June 1, 2006 - May 31, 2008; and

WHEREAS, bids have been advertised and received on May 16, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, eight (8) bid packets were mailed and one (1) was received from Absolute Fire Protection, Inc., South Plainfield, New Jersey.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Absolute Fire Protection Company, Inc., South Plainfield, New Jersey, for the contract period June 1, 2006 - May 31, 2008.

J. Authorize the Purchase of One 1988 R Model Mack Tractor Through an Inter-Local Agreement Between Randolph and Chester

R-132-06

WHEREAS, the Township wishes to purchase one 1988 R Model Mack Tractor, Serial #31M2N277Y4JW004132 through an inter-local agreement between the municipalities of Randolph and Chester Townships; and

WHEREAS, Brown Truck Group, Bloombury, New Jersey, appraised said vehicle and valued it to be worth $10,000.00; and

WHEREAS, Randolph Township agrees to pay Chester Township $5,000.00 in May 2006 with the balance of $5,000.00 to be paid in May 2007 or when the 2007 budget is approved.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that an inter-local agreement between Randolph and Chester Townships be approved for a total of $10,000.00, to be paid as stated above.

K. Accept 2005 Audit Report

R-133-06

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the Annual Report of Audit for the year 2005 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

L. Liquor License Renewals for the 2006/2007 Season

R-134-06

BE IT RESOLVED by the Township Council of the Township of Randolph, Morris County, New Jersey that the following applications for renewal of alcoholic beverage licenses for the respective premises hereinafter designated for the 2006-2007 season commencing July 1, 2006 and ending June 30, 2007 be and the same are hereby granted. The fees being as hereinafter listed and the said applicants having compiled with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:

LICENSE NO. NAME OF LICENSE LOCATION FEE
1432-33-001-010 Il Villaggio, Inc.
t/a An American Grill
246 Route #10
Randolph, NJ
$2,500.00
1432-33-002-005 Villa Viola, LLC
t/a Romantico
399 Route #10
Randolph, NJ
$2,500.00
1432-33-004-008 Caldoo, Inc.
t/a Cerilli’s
16 Old Brookside Rd.
Randolph, NJ
$2,500.00
1432-33-005-005 Rillstell, Inc.
t/a Casa de Pasta
1438 Sussex Tpke
Randolph, NJ
$2,500.00
1432-33-006-006 VGJ, Inc.
t/a La Strada
1105 Route 10 E
Randolph, NJ
$2,500.00
1432-33-008-007 Skyhil Corporation
t/a The Skylands
792 Route 10 W
Randolph, NJ
$2,500.00
1432-33-009-006 Black River Barn, LLC
Black River Barn Restaurant
1178 Route 10 W
Randolph, NJ
$2,500.00
1432-33-010-005 L&W Liquors, Inc.
t/a JT McQ’s
540 Route 10 W
Randolph, NJ
$2,500.00
1432-33-013-006 Plaza 395 Assoc., Inc.
t/a Pizza Pub
395 Dover-Chester Rd
Randolph, NJ
$2,500.00
1432-33-011-009 Randolph Rest., LLC
t/a Meadow Wood Manor
461 Route 10
Randolph, NJ
$2,500.00
1432-33-015-006 Ambelia, Inc.
t/a Randolph Diner
517 Route #10 E
Randolph, NJ
$2,500.00
1432-44-012-006 MNE Trading, Inc.
t/a Bottle King Liquors
Wine King Liquors
Rt. 10/S. Salem St.
Randolph, NJ
$2,280.00
1432-33-018-007 Aashirwad Palace, Inc. 169 S. Salem St.
Randolph, NJ
$2,500.00
1432-33-014-005 Rosie’s Italian Kitchen, Inc.
t/a Rosie’s Tratoria
1181 Sussex Tpke
Randolph, NJ
$2,500.00
1432-33-003-006 Westside Grill Partners LLC 500 Route 10 W
Randolph, NJ
$2,500.00
1432-33-016-003 Grecco, James B.
(Pocket License)
478 Route 10
Randolph, NJ
$2,500.00
1432-44-023-001 Mt. Freedom BK Inc.
Bottle King Discount
Wines and Spirits
(Pocket License)
19 S. Livingston Ave
Livingston, NJ 07039
$2,280.00

BE IT FURTHER RESOLVED that the Township Clerk be and is hereby ordered and directed to sign and issue said licenses in the name of the Township of Randolph and to deliver the same to the licensee when receipt is signed by the licensee or the authorized agent to the licensee.

M. Authorizing an Award of Contract for Purchase of a Post Frame Building for DPW to Unlimited Structures of Ephrata—$167,943.00

R-135-06

Acted on separately.

N. Award Contract to Purchase International Model #7400 4x4 Chassis 2007 Model to Deluxe International Trucks—$95,906.00

R-136-06

Acted on separately.

O. Award of a Non-Fair and Open Contract for Engineering Services in Connection with Del Ben Parcel (Block 21, Lots 20 and 31)

R-137-06

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

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to other services provided by Clough Harbour & Associates LLP, this year will exceed $17,500.00; and

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

WHEREAS, Clough Harbour & Associates LLP has submitted a proposal on April 21, 2006, indicating they will provide the engineering services in connection with Del Ben parcel (Block 21, Lots 20 and 31) for the Township of Randolph, not to exceed $3,000.00 plus direct expenses billed at cost; and

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

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Clough Harbour & Associates, LLP, as described herein.

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

Councilman Huston made a motion to approve all of the Combined Action Items with the exception of Items M and N and including the amendment to Item L as suggested by the Township Manager. Councilman Manning 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

Councilwoman Mitsch asked about Item M.

Manager Lovell responded that Item M would provide more storage buildings at the DPW site.

Councilman Manning asked about item N.

Manager Lovell noted that the truck will be used extensively as a dump truck. He also stated that bids had gone out for trucks and only one bid was returned. At the moment, the trucking industry is going through a change regarding their emission systems. After discussions with Mr. Kerwick, the Manager determined that if the purchase of the truck is delayed, it will cost the Township more money and therefore would not be in the town’s best interest.

M. Authorizing an Award of Contract for Purchase of a Post Frame Building for DPW to Unlimited Structures of Ephrata—$167,943.00

R-135-06

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a Post Frame Building; and

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

WHEREAS, three (3) bids were received and the Township has determined that Unlimited Structures of Ephrata, Pennsylvania, was the low bidder and meets the specifications and requirements and is recommended for the award of the contract as follows:

Building 1:$48,693.00
Building 2:$68,151.00
Option 1 (2 @ $8,890.00)$17,780.00
Option 4 (3 @ $592.00)$1,776.00
Option 5 (1 @ $31,543.00)$31,543.00
Total Contract$167,943.00

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Unlimited Structures of Ephrata, Pennsylvania, for the purchase of the above at a total contract price of $167,943.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 1, 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 Unlimited Structures, Inc., for the post frame building for the DPW storage in the amount not to exceed $167,943.00

_______________________
Michael J. Soccio
Chief Financial Officer

N. Award Contract to Purchase International Model #7400 4x4 Chassis 2007 Model to Deluxe International Trucks—$95,906.00

R-136-06

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of an International Model #7400 4x4 Chassis 2007 Model; and

WHEREAS, bids have been advertised and received on May 31, 2006, in accordance with the Local Public Contracts Law; and

WHEREAS, Deluxe International Trucks, Hackensack, New Jersey, was the low bidder meeting all the specifications at a total contract price of $95,906.00.

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 Deluxe International Trucks, Hackensack, New Jersey, at a total contract price of $95,906.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 1, 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 Deluxe International Trucks, Inc., for the purchase of an International Model #7400 4x4 Chassis—2007 Model in the amount not to exceed $95,906.00.

_______________________
Michael J. Soccio
Chief Financial Officer

Councilman Manning made a motion to approve Combined Action Items M and N. 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

COUNCIL COMMENTS

Councilman Manning asked about the status of Dominic, the donkey who had been living with Randolph residents.

Manager Lovell responded that due to Mr. Catizone’s illness, Dominic is now residing in Hunterdon County.

Councilman Napoliello reiterated his desire to memorialize a deceased resident, Bill Crowley, in some way.

Mayor Algeier suggested that Councilman Napoliello contact Mr. Crowley’s family to get some feedback on what they would deem appropriate.

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, commented that the water line work along Carrell Road is progressing. He also stressed that residents and landscapers should be educated regarding the new ordinances as they pertain to yard waste. He believes that a system where neighbors are turning in other neighbors for violations would be detrimental.

Mayor Algeier closed the public portion of the meeting.

Mayor Algeier asked that Council members sign the audit certification before they leave the meeting.

ADJOURNMENT

Mayor Algeier adjourned the meeting at 9:50 p.m.

Donna Marie Luciani
Acting Township Clerk