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 25, 2009

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Metz. 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 Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009.

PRESENT:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Mayor Metz

ABSENT:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

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

Mayor Metz led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she supports the re-appointment of Donna Marie Luciani as Township Clerk. Mrs. Stewart asked the Council to support and move forward with a suggestion from the Community Services Advisory Committee to offer items that residents are considering putting to the curb during clean-up week for sale or donation to charitable organizations prior to pick up.

Seeing no one further from the public, the public portion was closed.

APPROVAL OF COUNCIL MEETING MINUTES: May 7, 2009

Councilman Obremski made a motion that the minutes be approved as presented. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Mayor Metz

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

COUNCIL AND MANAGER REPORTS

Councilman Obremski reported that the Building Official has been to the Seeing Eye property in Mendham Township and has estimated that it would cost approximately $100,000.00 to bring that facility into satisfactory condition. He compared this to the cost of approximately $1.1 million that was estimated to build a new animal shelter in Randolph. There is a proposed ten-year agreement between Randolph Township and Mendham Township to utilize the Seeing Eye property as an animal shelter and Randolph is awaiting Mendham’s response to that proposal.

Manager Lovell responded that authorization needs to be obtained from Green Acres to use the Seeing Eye property. He senses Green Acres will not endorse the proposal and foresees a multi-step process for ultimate approval.

Councilman Napoliello reported that he attended a Community Services Advisory Committee meeting where the seniors reported that the Senior Picnic was a success and they extended their thanks to the Council, the Manager, and the Assistant Manager. The Councilman attended a meeting with the architect working on renovations to the Senior Center to review the plans. Those plans should be before the Council in the near future.

Councilman Algeier reported that he attended a MAC meeting where there was discussion concerning a Randolph High School news article about the “Parents Who Host Lose the Most” campaign. He believes there was some vagueness in the phraseology of that campaign and that people often believed it meant something other than its intended message. The New Jersey Motor Vehicle Commission appeared before the Planning Board with their plans for a new large center that will be located on Canfield Avenue in Randolph. He believes this will cause additional traffic issues on Route 10 and Canfield Avenue. Councilman Algeier made it clear that the Motor Vehicle Commission did not appear before the Planning Board asking for permission to build the center but instead presented their design plan with no regard to Randolph’s existing Master Plan. Feedback from the Planning Board was that the new design is not an attractive site. The Motor Vehicle Commission expects to break ground very shortly.

Mayor Metz reported that he attended the Senior Picnic and had a nice time. The Mayor attended a Morris County League of Municipalities meeting at Picatinny Arsenal recently. At that meeting, he was presented with a copy of a document signed by all of the mayors in Morris County supporting the efforts of Picatinny Arsenal and its importance to the area and the Mayor was asked that the document be displayed in Town Hall.

Manager Lovell reported that the Library roof and exterior are not in good condition. It has been suggested that renovations to the library be delayed until plans for the Community/Senior Center are finalized in an effort to tie these buildings together visually. The architect for the Community/Senior Center believes he can provide a plan that will bring the library into a complimentary look to the new Community/Senior Center. The Manager will report back to the Council on an estimate for architectural services to address the library. Currently an architect is working on plans to expand the library at the rear of the building which should have no impact to the site plan of the property.

Mr. Buzak reported on a court item that occurred last week concerning a property owner that challenged the Township’s adoption of a re-zoning ordinance for an adjacent property. The property owner had raised the issue of a potential conflict of interest concerning Councilman Algeier who also serves as the Council liaison to the Planning Board and his involvement in the re-zoning proceedings. The contention was made that Councilman Algeier recused himself at the final vote on the ordinance in January 2008 but had participated in four other activities involving the re-zoning dating back to 2006. Mr. Buzak explained that Councilman Algeier recused himself from the final vote because, as a private attorney, the Councilman was representing a defendant in another lawsuit brought about by this particular property owner and, since it was believed that the property owner was going to be speaking in opposition of the ordinance, the Councilman didn’t want the property owner to contend that he didn’t get a fair opportunity in front of the Town Council. Ultimately, Judge Bozonellis found that Councilman Algeier was not in a conflict situation and, had there been a conflict situation, Councilman Algeier’s actions were appropriate and he would not have been invalidating the ordinance. Mr. Buzak cautioned Council members who work on committees where action is taken to always err on the side of caution if there is a situation where there is the potential of a conflict of interest in order to preserve the integrity of the process.

COMBINED ACTION ITEMS

Manager Lovell highlighted the following items for review:

  • The resolution in support of the Chester Branch Rehabilitation Project has been provided by the Board of Chosen Freeholders. The Manager noted that Mayor Metz, Councilman Algeier, Councilman Napoliello, and he met with their counterparts from Roxbury to discuss the project.
  • The resolution concerning the pump station on Overlook Avenue will improve low water pressures in that area and was recommended in the Water Master Plan completed several years ago
  • The resolution regarding the purchase of a new 2006 international dump truck comes about as the result of the Pennsylvania Transit Authority not taking delivery on the truck and Randolph will purchase it at a savings of approximately $50,000.00.
  • There is an opportunity for a shared services agreement with Jefferson for the purchase of a 125-gallon asphalt melter applicator.
  • There is a resolution re-appointing Donna Marie Luciani as the Township Clerk and the Manager recommends this appointment.
  • There is an award for emergency medical services and emergency transport. For the last several years Atlantic Ambulance has provided that service and done a very good job. However, in the bidding process, St. Clare’s Hospital submitted a qualified lower bid and will be awarded the contract.
  • There is a resolution purchasing aquatic equipment for an improvement to Randolph Lake.
  • There is a resolution renewing liquor licenses for the 2009—2010 season. There are still one or two businesses that have not cleared their paperwork for their renewals at this time.

A representative from Atlantic Ambulance thanked the Council for the opportunity to serve Randolph for the last several years.

Councilman Algeier asked if the owners of the liquor licenses can be charged a fee for bringing their paperwork in late.

Manager Lovell responded that he will look into that issue.

Councilman Obremski asked to pull Item G for further discussion.

Councilman Algeier asked if Items H and I are grant monies.

Manager Lovell responded that they are grant dollars that have been set aside by the Highlands for the conformance process.

Mayor Metz asked if the water park equipment was in the budget.

Manager Lovell responded that it was in the capital improvement budget.

Councilman Algeier noted that the Council has not been dragging their feet on the new booster pump station. The recommendation was made several yeas ago, but the process of undertaking a study, drafting the professional services agreement, creating drawings, and then going out to bid is a long process. Improved water pressure in the area will benefit the residents from the safety standpoint and will also improve fire insurance rates. The Councilman also stated that Atlantic Ambulance has served Randolph well for several years and while he understands the public bidding process, he would have liked to see the organization continue working with Randolph.

Councilman Obremski made a motion to approve the Combined Action Items with the exception of Item G. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Mayor Metz

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

A. Supporting Chester Branch Rehabilitation Project

R-190-09

WHEREAS, the Morris County Board of Chosen Freeholders have included the Chester Branch Rehabilitation Project on their list of priorities for the $8.92 million in transportation funding for Morris County from the American Recovery and Reinvestment Act (ARRA); and

WHEREAS, the Chester Branch is an active four-mile rail line extending from Wharton Borough and terminating in Roxbury Township; and

WHEREAS, the Morris County Division of Transportation has attempted to identify other funds to rehabilitate the Chester Branch but has failed due in part to the great expense due to the dilapidated condition of the railroad, estimated to cost $5.8 million; and

WHEREAS, the rehabilitation will occur over the current footprint of the railroad, therefore creating no adverse environmental impacts; and

WHEREAS, the project provides a greatly needed rehabilitation of an existing active freight railroad, which both connects to the county-owned High Bridge Branch and NJ Transit’s Main Line, a regional shipping route for Norfolk Southern; and

WHEREAS, the project will reduce truck traffic along major roads including Route 10, Sussex Turnpike, Route 46, Interstate 80, and other arterial roads throughout Roxbury and Randolph Townships, thereby reducing truck emissions and improving regional air quality; and

WHEREAS, both Holland Manufacturing and Kuiken Brothers Lumber are directly served along the Chester Branch and the potential exists for more rail reliant businesses to locate along this corridor; and

WHEREAS, a siding already exists into the 1.4 million square foot BETA Corporate Park, the site of the former Westinghouse property, enhancing the potential for increased economic activity in the Township of Randolph and Morris County; and

WHEREAS, rail service to the BETA Corporate Park would create a great number of long term employment opportunities for Randolph and Morris County residents, which is the true intent of the Federal ARRA funding.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph’s Governing Body fully supports and encourages the acquisition and rehabilitation of the Chester Branch by Morris County.

B. Authorizing Award of Contract for Towing Services to Tony’s Towing & Recovery—$45.00 Per Tow and $35.00 Per Day

R-191-09

WHEREAS, the Township of Randolph wishes to award a contract for Towing Services for the Township of Randolph; and

WHEREAS, bids were advertised and received on May 28, 2009, in accordance with the Local Public Contracts Law; and

WHEREAS, Tony’s Towing & Recovery, Inc., Dover, New Jersey, was the only bidder and meets all specifications at a price of $45.00 per tow and $35.00 per day for storage.

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 Tony’s Towing & Recovery, Inc., Dover, New Jersey, for Towing Services for the Township of Randolph at a total contract price of $45.00 per tow and $35.00 per day for storage for a three-year period from July 1, 2009, to June 30, 2012.

C. Authorizing Award of Water System Booster Pumping Station at Overlook Avenue to DeMaio Electrical Company—$348,800.00

R-192-09

WHEREAS, the Township of Randolph wishes to award a contract for the purchase and installation of a Booster Pumping Station at Overlook Avenue; and

WHEREAS, twelve bid packets were picked up and seven bids were received; and

WHEREAS, DeMaio Electrical Company, Inc., Hillsborough, New Jersey, was the low bidder and meets all the specifications at a total contract price of $348,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to DeMaio Electrical Company, Inc., Hillsborough, New Jersey, at a total contract price of $348,800.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

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 #8-03, Various Capital Improvements, to award a contract to DeMaio Electrical Company for a Booster Pumping Station at Overlook Avenue in the amount not to exceed $348,800.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing Purchase of 2006 New International 7400SBA 6x4 Tandem Dump Truck With Spreader From Seely Equipment and Supply—$75,050.00

R-193-09

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a 2006 New International 7400 Tandem Dump Truck SBA 6x4 with spreader; and

WHEREAS, five bid packets were picked up and one bid was received; and

WHEREAS, Seely Equipment & Supply Co., Farmingdale, New Jersey, was the low bidder and meets all the specifications at a total contract price of $75,050.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Seely Equipment & Supply Co., Farmingdale, New Jersey, at a total contract price of $75,050.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09, Various Capital Improvements, to award a contract to Seely Equipment & Supply Company for the Purchase of a 2006 New/Used International 7400 SBA 6x4 in the amount not to exceed $75,050.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Shared Service With Jefferson—Purchase of 125 Gallon Asphalt Melter/Applicator From Crafco, Inc.—Contract Total $55,778.00 (Randolph Obligation $27,889.00)

R-194-09

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a 125-gallon Asphalt Melter/Applicator with Compressor; and

WHEREAS, eleven bid packets were mailed and two bids were received; and

WHEREAS, Crafco, Inc., Chandler, Arizona, was the low bidder and meets all the specifications with no exceptions; and

WHEREAS, Randolph Township wishes to purchase the base unit plus all options 1 through 8 at a contract price of $36,978.00 plus $18,800.00 for the trailer load of optional polymer modified asphalt totaling $55,778.00; and

WHEREAS, the unit will be a shared service unit with the Township of Jefferson making the cost to Randolph Township $27,889.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Crafco, Inc., Chandler, Arizona, at a total contract price of $55,778.00, of which $27,889.00 is the Township’s obligation.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09, Various Capital Improvements, to award a contract to Crafco, Inc. for the Purchase of a 125-gallon Asphalt Melter/Applicator with Compressor and Optional Trailer Load of Polymer Modification Asphalt in the amount not to exceed $55,778.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing Award of MCCPC Spring Contracts—2009/2010

R-195-09

WHEREAS, the Township of Randolph authorizes an award of various categories within eighteen (18) contracts beginning July 1, 2009, on behalf of the Morris County Cooperative Pricing Council as described below:

Contract #3: Rock Salt & Liquid Calcium Chloride
#4: Snow Grits
#10: Lumber, Insulation, Hardware & Paint Supplies
#13-A: Fire Equipment Services
#13-B: Fire Water Pumps on Motorized Fire Apparatus (Repairs & Rebuilding)
#20-B: Sporting Goods (Fall & Winter Sports)
#25: Janitorial Supplies
#34: Tree Spraying Services
#35: Light Bulbs
#40: Personal Protection Items & Equipment for Emergency Personnel
#42: Landscaping Materials & Supplies
#43: Propane Gas
#44: Welding Supplies
#46: Preventive Maintenance/Repairs of Emergency Generators
#47: Water Meters, Data Recorders & Radio Frequency Meter Interface Units
#48: Equipment Parts for Turf Care
#50: Fire Department Uniforms (Purchase)
#51: Deer Road Kill, Pick-Up & Disposal

and

WHEREAS, bids have been advertised and received on May 12, 2009, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township has determined that the vendors on the attached recommendation sheets are the lowest responsible bidders meeting the specifications for each of the categories within the eighteen (18) contracts specified and should be awarded as noted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded as indicated for each individual contract.

G. Re-Appointing Donna Marie Luciani as Township Clerk

Acted on separately.

H. Professional Services Agreement—Robert Michaels—Highlands Conformance Study—Not to Exceed $17,500.00

R-196-09

WHEREAS, the Township of Randolph has a need to acquire Robert Michaels & Associates as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Robert Michaels & Associates has indicated they will provide planning services for an amount not to exceed $17,500.00; and

WHEREAS, Robert Michaels & Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Robert Michaels & 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 contract will prohibit Robert Michaels & Associates 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 Robert Michaels & Associates as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

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 Highlands Grant to award a contract to Robert Michaels & Associates for Planning Services in Completing Highlands Modules 2 through 7 in the amount not to exceed $17,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Professional Services Agreement—Paul Ferriero—Highlands Conformance Study—Not to Exceed $17,500.00

R-197-09

WHEREAS, the Township of Randolph has a need to acquire Ferriero Engineering, Inc., as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Ferriero Engineering, Inc., has indicated they will provide the engineering services with regard to the Highlands Conformance Modules 2 through 7 for an amount not to exceed $17,500.00; and

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

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Ferriero Engineering, Inc., as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

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 Highlands Grant to award a contract to Ferriero Engineering, Inc., for Engineering Services in Completing Highlands Modules 2 through 7 in the amount not to exceed $17,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

J. Professional Services Agreement With Jaman Engineering for Easement Acquisition—Butterworth Interceptor—Raynor Project—$2,000.00

R-198-09

WHEREAS, the Township of Randolph has a need to acquire Jaman Engineering Associates as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Jaman Engineering Associates has indicated they will provide the professional surveying services with regard to easements for the Butterworth Interceptor Upgrade—Raynor Project, for an amount not to exceed $2,000.00; 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 contract will prohibit Jaman Engineering Associates 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 Jaman Engineering Associates as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

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 #20-97, Butterworth Sewer Interceptor, to award a contract to Jaman Engineering Associates for Professional Surveying Services for Easement Work for the Butterworth Interceptor Upgrade—Raynor Project, in the amount not to exceed $2,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. Amend Professional Services Agreement with Jaman Engineering—Survey and Wetlands Delineation Services for E.A. Porter Site—Adding $544.50

R-199-09

WHEREAS, the Township of Randolph has a need to amend a professional services agreement with Jaman Engineering Associates which was awarded on April 2, 2009; and

WHEREAS, the amendment will include wetlands surveying—990 linear feet located, 34 wetlands flags; and

WHEREAS, fees for this service will be $0.55 per linear foot at 990 linear feet totaling $544.50; and

WHEREAS, the original agreement was $7,650.00 and the amended contract will not exceed $8,194.50; and

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

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; 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 amend a contract with Jaman Engineering Associates as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

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 Housing Trust to amend the contract with Jaman Engineering Associates for Professional Surveying Services for Block 195, Lot 10, Bennett Avenue, in the amount of $544.50.

_____________________________
Michael J. Soccio
Chief Financial Officer

L. Authorizing Award for Emergency Medical Services and Emergency Transportation

R-200-09

WHEREAS, the Township of Randolph wishes to award a contract for Emergency Medical Services and Emergency Transportation Services; and

WHEREAS, bids have been advertised and received on June 16, 2009, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Saint Clare’s Hospital, Denville, New Jersey, submitted the low bid with no exceptions to specifications for Emergency Medical Services and Emergency Transportation Services at a total cost of $250.00 per patient transported, in accordance with their choice of facility, provided request is within reason.

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 Saint Clare’s Hospital, Denville, New Jersey, for Emergency Medical Services and Emergency Transportation Services at the cost of $250.00 per patient transported.

M. Authorizing Purchase of Water Park Equipment for Randolph Lake From Aquatic Recreation Company—$57,547.00

R-201-09

WHEREAS, the Township wishes to award a contract for the purchase of Randolph Park Spray Features and Equipment; and

WHEREAS, twelve bid packets were mailed and two were received; and

WHEREAS, after careful review, Aquatic Recreation Company, Eden Prairie, Minnesota, was the lowest bidder and meets all the specifications with no exceptions; and

WHEREAS, the contract will be awarded with Section A totaling $30,190.00, Section B totaling $21,630.00, and Section C totaling $3,154.00 plus freight at $2,573.00 for a total contract amount of $57,547.00; and

WHEREAS, the Section D option will not be awarded.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Aquatic Recreation Company, Eden Prairie, Minnesota, at a total contract price of $57,547.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 25, 2009

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 #17-08, Various Capital Improvements, and Ordinance #13-09, Various Capital Improvements, to award a contract to Aquatic Recreation Company for the Purchase of Randolph Park Spray Features and Equipment in the amount not to exceed $57,547.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

N. Liquor License Renewals for 2009—2010 Season

R-202-09

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 2009—2010 season commencing July 1, 2009, and ending June 30, 2010, be and the same are hereby granted. The fees being hereinafter listed and the said applicants having complied with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:

LICENSE NO.NAME OF LICENSELOCATIONFEE
1432-33-015-006Ambelia, Inc.
t/a Randolph Diner
517 Route 10 East
Randolph, NJ
$2,500
1432-44-019-002Pappas Imports LLC
t/a The Wine Cellar
1438 Sussex Tpke
Randolph, NJ
$2,280
1432-33-003-006Westside Grill Partners, LLC500 Route 10 West
Randolph, NJ
$2,500

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.

O. Raffles

(1) Casino Night, Randolph Engine Company No. 5, October 3, 2009, 7:30 p.m. to 10:30 p.m., Shongum Fire House, 118 West Hanover Avenue, Randolph

(2) Special Affairs Permit, Randolph Engine Company No. 5, October 3, 2009, 7:30 p.m. to 10:30 p.m., Shongum Fire House, 118 West Hanover Avenue, Randolph

Councilman Obremski stated that he preferred to vote on the re-appointment of the Township Clerk separately. He stated that he has known the Clerk for quite a few years and worked well with her when he served as Mayor in 2007. He is pleased to support the re-appointment of Donna Marie Luciani as Township Clerk.

Councilman Napoliello concurred with Councilman Obremski and supports Donna Marie Luciani’s re-appointment.

Councilman Algeier noted that Ms. Luciani has achieved a level of professionalism through education, training, and experience. He commended her for her professionalism during a time when she was under pressure from some members of the community and noted that she has always had the support of the Council. The Councilman encouraged Ms. Luciani to continue with her education and to keep abreast of ways in which to keep the Clerk’s office among the top in Morris County.

Mayor Metz expressed his agreement with all the comments made and is happy to have Ms. Luciani as part of the team.

Mr. Buzak referred to Councilman Algeier’s comments regarding the period of contention from the public and assured him that the Council did appropriately support the actions of the Township Clerk. Furthermore, at that time Judge Bozonellis specifically determined for the record that the Clerk did her job in an objective and professional manner regardless of the outcome. Mr. Buzak believes that finding speaks volumes for the quality of the services that Ms. Luciani provides to the Township.

Councilman Obremski made a motion to approve Item G from Combined Action Items. Councilman Napoliello seconded the motion.

The Mayor opened the meeting to the public.

Lee Whilden, 82 Radtke Road, noted that not all of the people who worked on the dissent were opposed to the Clerk. Most knew that she was very thorough and unbiased in her decisions and followed the law. Mrs. Whilden commended Ms. Luciani on her handling of a very difficult situation, especially since she was newly appointed at the time. Mrs. Whilden considers Ms. Luciani an asset to the Township and congratulated her on her re-appointment.

Seeing no one further from the public, the public portion was closed.

The following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Mayor Metz

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

Ms. Luciani thanked the Council for their comments this evening and for their support during the last six years.

G. Reappointing Donna Marie Luciani as Township Clerk

R-203-09

WHEREAS, on June 29, 2006, the Township of Randolph (“Township”) adopted Resolution No R-138-06 appointing Donna Marie Luciani as Township Clerk for the time period of July 1, 2006, to June 30, 2009; and

WHEREAS, Donna Marie Luciani has continuously served as Township Clerk from July 1, 2006, to date; and

WHEREAS, N.J.S.A. 40A:9-133.6 states that a municipal clerk shall not be reappointed unless he/she holds a registered municipal clerk certificate; and

WHEREAS, Donna Marie Luciani obtained a registered municipal clerk certificate on April 24, 2006; and

WHEREAS, Donna Marie Luciani is in compliance with the continuing education credits set forth in N.J.S.A. 40A:9-133.10; and

WHEREAS, N.J.S.A. 40A:9-133.7 states that any person who shall be reappointed as municipal clerk subsequent to receiving a registered municipal clerk certificate and having served as a municipal clerk for not less than three consecutive years immediately prior to such reappointment: (1) shall hold office during good behavior and efficiency and compliance with the continuing education credits set forth in N.J.S.A. 40A:9-133.10; and (2) shall not be removed for political reasons but only for good cause and after a proper hearing before the Director of the Division of Local Government Services in the Department of Community Affairs or his designee; and

WHEREAS, the Township desires to reappoint Donna Marie Luciani as Township Clerk for a period of three years beginning on July 1, 2009, and ending on June 30, 2012.

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

1. The Township hereby reappoints Donna Marie Luciani as Township Clerk for the period of three years beginning on July 1, 2009, and ending on June 30, 2012, and shall be entitled to all statutory benefits and protections for said position.

2. Donna Marie Luciani shall hold office as Township Clerk during good behavior and efficiency and compliance with the continuing education credits set forth in N.J.S.A. 40A:9-133.10.

3. Donna Marie Luciani shall not be removed from office as Township Clerk for political reasons but only for good cause and after a proper hearing before the Director of the Division of Local Government Services in the Department of Community Affairs or his designee.

4. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals, and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

5. This Resolution shall take effect July 1, 2009.

DISCUSSION ITEMS

(1) E.A. Porter Site

(a) Memorandum of Understanding With Habitat for Humanity Agreement

Manager Lovell noted that the E.A. Porter site, which the Township obtained for non-payment of taxes, is a Brownfield’s site that will require an investment of dollars to remediate the site. Morris County Habitat for Humanity has expressed an interest in developing 25 units of low and moderate incoming housing, which would qualify as COAH housing for the township. The site is constrained by a number of factors, most notably wetlands and flood plains, so there is a very limited footprint in which to work. The first step in the development of this project is for the Council to act upon a Memorandum of Understanding which will be on the next agenda.

Mr. Buzak noted that the Memorandum of Understanding will set forth the general project and how it will be achieved. The Township has collected developer’s fees over the years that have gone into the Affordable Housing Trust Fund, which currently contains just over $1 million. The Township will allocate from this trust fund $45,000.00 per credit of affordable housing. Randolph will be responsible for paying for the remediation of the site, however there are grants available from the State of New Jersey for that purpose and the Manager is optimistic that those funds can be obtained. In addition to the remediation, Randolph will be responsible for the engineering, design, and obtaining all approvals for the project. At that time, the project will be turned over to Habitat for Humanity for completion and there will be a series of obligations for which they will be responsible. Habitat’s architect will work with the Township. The plan currently calls for two buildings to be developed with a total of 25 units between them, and each unit must comply with all COAH requirements. Habitat will act as the administrator of those units and they will be “for sale” units, not rentals.

Councilman Obremski noted that he has had the pleasure of working on Habitat for Humanity projects in the past and thanks Habitat for stepping forward with a project that will reinforce Randolph’s commitment to provide low incoming housing in a way that works for Randolph.

Councilman Algeier made several comments and suggestions which he would like clarified in the Memorandum of Understanding and in the contract with Habitat. Those comments and suggestions, as well as preliminary responses from the Township Attorney and Township Manager, included the following:

  • Is Randolph’s investment of $1,125,000.00 the maximum (yes, it’s the maximum)
  • Since Randolph’s contribution is $45,000.00 per COAH credit, it is possible that Randolph would get more than the anticipated 25 credits (yes, it’s possible)
  • There is no distribution set forth in the Memorandum of Understanding concerning low/low versus low and moderate units (by law, 13 percent of the units must be available for very low income families)
  • He doesn’t want the number of units set in stone at 25—if fewer units meant a better quality of life for those living there, he would be amenable to that
  • He feels there is a vague statement saying that Habitat shall begin planning for the initiation of a capital campaign to raise and acquire funds for the construction of the project and he would prefer that wording be clarified
  • The contract will include a provision that, if Habitat is not able to raise the money and construct the project, the land will revert back to Randolph (yes)—to that end, the Councilman would like to have a deed to that effect signed and held in escrow
  • Does Habitat believe they have the ability to raise sufficient funds (yes)
  • The Councilman would like to see a provision that gives a time guideline from the time the first permit is pulled in order to accurately track the progress of the project

Councilman Algeier stressed that he is not anti-affordable housing in any way. As a member of the Town Council, he has always supported every affordable housing project that has been done in Randolph. He is simply trying to protect Randolph’s interests.

Mr. Buzak thanked Councilman Algeier for his input. He reiterated that the work Randolph will be doing on this project will bring Randolph to a point where, should Habitat not be in a position to construct the project, Randolph would be able to market the project to other interested parties. Also, regarding the design of the project, Council will have the ultimate approval of any plans prior to the beginning of construction. It is everyone’s desire to have a completed project that Randolph and the Town Council can be proud of.

(b) Morris County Open Space Grant (Contiguous Parcel)

Assistant Manager Giaimis noted that the adjacent property behind 42 Bennett Avenue, the proposed site for the Habitat for Humanity project is vacant at this time. The Open Space Committee feels this would be a good area to install pedestrian walking paths with benches, and possibly a small park, to make the area more easily accessible. The Open Space Committee would like to apply for a grant for this project and the Assistant Manager has spoken with the County to inform them of Randolph’s plans.

(2) Indoor Sports Pavilion—Return of Application Fee

Councilman Algeier and Mayor Metz recused themselves from the discussion. Since there were not enough Council members for a quorum, the item was carried to the next meeting.

Manager Lovell explained that Deputy Mayor Alpert was attending a function that had been scheduled far in advance which he had reported to the Council and has been excused from the meeting. Councilwoman Mitsch is visiting family outside of the country and was also excused from the meeting. Councilwoman Price is traveling home from a business trip and was unavailable for a phone connection.

(3) Application to Designate Trowbridge-Brundage House (Freedom Park) as a Municipal Landmark

Manager Lovell reported that the Landmarks Committee has requested the home at Freedom Park be designated a municipal landmark.

Councilman Algeier asked what restrictions are placed on the home if it is so designated.

Manager Lovell responded that a municipal landmark carries no restrictions except that the Landmarks Committee must be notified if there were plans to demolish the structure. The Manager noted his concern that since there are often grant applications made for dollars to improve the building, does having a landmark designation bring any strings along with that money. Manager Lovell wants to keep Randolph in the position of making decisions for the good of the Township instead of being dictated to by a state agency.

Councilman Algeier stated that he would like to see the regulations and law regarding municipal landmark restrictions.

Manager Lovell responded that he will supply that information to the Council.

Councilman Algeier noted that he has heard it said that, for a structure with the landmark designation, government would not be able to do anything that might endanger or threaten or cause damage to that structure, such as widening a road. The Councilman stated that, while the genealogy of the family who once lived in the house has historic ties to the county, the house itself has no historical value. There are many other structures owned by the township that desperately need renovation and an investment of cash. By designating this structure as a landmark, he believes it would be making a moral commitment to keep that structure intact.

Manager Lovell responded that he will provide the requested information to the Council and discussion on this issue can continue at the August meeting.

(4) Open Space Tax—Referendum Question

Manager Lovell recalled that creating spending flexibility in the open space tax would require a referendum. There are many sites owned by the Township that require an investment of cash for remediation, demolition, survey work, etc. There is currently no legislation pending dealing with this flexibility issue. Therefore, the Manager believes it is time to put a referendum on the ballot in November that explains the issues to the voter. This issue must be resolved at the August meeting in order to make the deadline for the November ballot.

Council was in agreement and the Manager will prepare a draft proposed question for the August meeting.

(5) Amending Fertilizer Ordinance

Manager Lovell stated that this ordinance is required in order to comply with storm water regulations and our storm water license. He will prepare the ordinance for introduction.

(6) Stop Intersection Request at Mohawk Place and Cushing Court

Manager Lovell received a request for a stop sign at Cushing Court and Mohawk Place. This was one of the intersections previously considered and discussed by the Council. Although the intersection doesn’t necessarily qualify with the Manual of Uniform Traffic Control Devices, the Manager believes this issue is worth consideration.

Council expressed approval and the Manager will have an ordinance prepared.

(7) Sidewalk Repair/Replacement—Mohawk Place

Manager Lovell reported that he also received a request dealing with sidewalk repairs on Mohawk Place. There is currently no ordinance dealing with sidewalks. The Township has been utilizing a policy that was put in place many years ago. Without an ordinance in place, Randolph can not force fronting homeowners to make repairs to the sidewalks. The Manager will approach the homeowners to educate them on the liabilities they face as fronting homeowners to see if they will cooperate in those repairs.

(8) Animal Control Shelter—Seeing Eye in Mendham

Manager Lovell reiterated that it will cost approximately $100,000.00 in repairs for two structures at the Seeing Eye property. Randolph has a proposal with Mendham Township to provide animal control services free of charge for the use of those facilities. Randolph would maintain the buildings and Mendham would maintain the grounds. This expenditure would be in place of spending approximately $1.1 million to $1.3 million to build a new animal shelter in Randolph. If clearance for this proposal is granted by the state, this project could move ahead very quickly.

REVIEW AND SET PROPOSED AGENDA FOR JULY 2, 2009 REGULAR MEETING

Councilman Algeier asked for an overview of the resolution dealing with military leave.

Manager Lovell responded that one area that was not clear in military leave was continued health benefits for the employee and spouse. Currently there is an employee on military leave whose wife is expecting a baby very shortly and they didn’t want to switch coverage for the delivery of that baby. This clarification would permit them to continue with the Township’s health benefits. The other aspect of this resolution will bring Randolph’s policy into line with state standards regarding the employee reporting back to duty upon completion of their military service.

Councilman Algeier noted that the military provides good insurance coverage and asked if the military could be a primary insurer and Randolph be the secondary insurer.

Manager Lovell responded that the employee had spoken to him regarding this issue before being deployed and the Manager feels an obligation to follow through on his word.

Councilman Algeier agreed, however when this current situation is finished, he believes the policy could be fixed.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, asked about the money being spent for the Highlands conformance studies.

Manager Lovell responded that the Highlands is providing grant monies to go through the conformance process. Randolph is awarding contracts for Modules 2 through 7 and will be reimbursed for expenses.

Judith Stewart, 114 Everdale Road, noted that there was no material in the public packet regarding Item 8, the Trowbridge-Brundage House. Mrs. Stewart stated that families on active military duty are entitled to coverage and there should be no reason not to have a baby in a military facility.

Manager Lovell responded that he will provide information on Item 8c to Mrs. Stewart for the public packet.

Seeing no one further from the public, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Councilman Obremski nominated Casey Neary as the student liaison to the Economic Development Committee for the upcoming year starting in September. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Mayor Metz

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Alpert

Mayor Metz reminded everyone of the parade on July 3 and noted that Cablevision would like to interview the council members.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

The Mayor adjourned the meeting at 10:15 p.m.

_____________________________
Donna Marie Luciani
Township Clerk