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: May 1, 2008

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor 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 December 11, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

PRESENT:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch (arrived 8:15 p.m.)
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

ABSENT: Councilwoman Price

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

Mayor Napoliello led the Pledge of Allegiance.

POLICE DEPARTMENT AWARDS

Sergeant William Yarzab recognized the following individuals for their dedicated work as crossing guards in Randolph Township:

  • Harry Kostyk, a crossing guard at Shongum School for ten years
  • Paul Burdge, a crossing guard at Fernbrook for nine years

Chief Kazaba thanked Lt. Donald Smith for his work in compiling and processing the awards presented this evening. The Chief presented the following awards honoring officers and civilians for their achievements and notable contributions during the past year:

Military Service Award

The Randolph Township Police Department proudly recognizes the honorable military service of Det. William Harzula, Officer James Cacciabeve, Officer Michael Gomez, and Officer Brett Sommer with the United States Army.

Detective Harzula and Officer Cacciabeve served in the country of Afghanistan during a declared time of conflict recognized by the United States Department of Defense.

Officer Cacciabeve, Officer Gomez and Officer Sommer served in the county of Iraq during a declared time of conflict recognized by the United States Department of Defense.

For their response to the call to duty after the terrorist attacks of September 11, 2001, the 2007 Awards Committee presents Detective Harzula and Officers Cacciabeve, Gomez, and Sommer the Department’s Military Service Award.

Ready Commendations

The following officers have met the requirements for the Department’s Ready Commendation by serving a minimum of 15 years in the field of law enforcement:

  • Chief Dean Kazaba—32 years
  • Communications Officer Robert Tarantino—30 years
  • Officer Frank Mygas—25 years
  • Sergeant Garry Moore—24 years
  • Lieutenant Donald Smith—24 years
  • Lieutenant Thomas Donovan—23 years
  • Lieutenant Robert Mason—22 years
  • Detective John Fichter—22 years
  • Sergeant John Naslonski—21 years
  • Sergeant Scott Arentowicz—21 years
  • Officer Roger Heesemann—21 years
  • Officer Stephen Kepler—21 years
  • Officer Randy Maccione—21 years
  • Officer Scott Bailey—21 years
  • Police Services Coordinator Bonnie Yeager—21 years
  • Sergeant Carl LeMarble—20 years
  • Officer Stephen Zenes—18 years
  • Sergeant William Yarzab—17 years
  • Officer Manlio Irula—15 years

Life Saving Award

On May 17, 2007, at 8:23 p.m., Patrol Officers Stephen Zenes and Keith DeCarolis were dispatched to a home on Pleasant Hill Road on a report of an unresponsive male. Officers Zenes and DeCarolis found the subject seated in a chair in the living room with his dinner spilled onto his lap. The initial assessment of the subject showed that he did not have a pulse. Officers Zenes and DeCarolis moved the subject to the floor and initiated chest compressions. Upon the arrival of the Randolph Rescue Squad, a suction unit was used to clear the subject’s airway. The subject was found to still be without a pulse and not breathing. CPR was initiated. There were several attempts at defibrillation which were not successful.

Upon the arrival of advanced life support the subject was given several medications while the patrol officers continued rescue breathing.

The subject was transported to St. Clare’s Dover Campus and admitted. The subject was discharged from the hospital at a later date.

It should be noted that Officer Zenes is the Department’s CPR Instructor.

This is the first Life Saving Award for both Officer Zenes and Officer DeCarolis.

For their call to duty and quick actions, the 2007 Awards Committee presents Officer Stephen Zenes and Keith DeCarolis the Department’s Life Saving Award.

Life Saving Award

On August 28, 2007, Patrol Officer Frank Mygas and Sergeant Garry Moore were dispatched to a residence on Arnold Drive for an unresponsive male. In addition, Atlantic Health Care BLS Unit EMS9, which was staffed by Kris Hulsberg and Jeff Ranella, responded to this call. Upon arrival, the police officers and the EMS crew initiated CPR on the subject. The subject was transported to St. Clare’s Dover campus and advanced life support was provided to him by paramedics during transport. When the victim was turned over to the emergency department staff, he had a pulse and was breathing.

For their call to duty and quick actions, the 2007 Awards Committee award Sergeant Garry Moore, Officer Frank Mygas, and EMTs Kris Hulsberg and Jeff Ranella the Department’s Life Saving Award.

This is Officer Mygas’s 4th Life Saving Award.

This is Sergeant Moore’s 5th Life Saving Award.

Civilian Service Awards

On August 29, 2007, at 2:44 p.m., the Randolph Police Department was actively investigating a residential burglary that took place in a neighborhood near the Dover border. The two suspects in these burglaries had fled on foot. The Morris County Sheriff’s K-9 Unit and Crime Scene Unit were also assisting in the search.

Dakota Keyworth and Joseph Nee were riding their bicycles in the area and they were approached by the two suspects. Remembering what they had learned in the Morris County Park Police Junior Police Academy, Dakota and Joseph made note of the clothing the suspects were wearing and what direction they had come from. They also noted that the two suspects were winded from running.

The information supplied by Dakota and Joseph led directly to the apprehension of the two suspects involved in the burglary.

For their willingness to do the right thing, their sharp eye, and use of training, the 2007 Awards Committee presents Dakota Keyworth and Joseph Nee the Department’s Civilian Service Award.

Exceptional Duty Award/Distinguished Volunteer Award

As head of the Traffic Safety Bureau, Sergeant William Yarzab was instrumental in bringing the “Alive at 25” teen and parent driving programs sponsored by the National Safety Council to Randolph Township. Sergeant Yarzab researched the program and attended an information gathering training program which convinced him that the program would be a benefit to this community. Sergeant Yarzab presented the program to the Traffic Advisory Committee, whose members also recognized the benefits of the program. Sergeant Yarzab then presented the idea to the school district and scheduled an information gathering session for members of the school district. The Board of Education bought into the idea which resulted in collaborations between the police, the schools, and the community to minimize teen crashes. Sergeant Yarzab then attended the training and become an instructor of the “Alive at 25” program. He was then certified as a Master Instructor and now instructs other officers and school teachers to be certified to teach the program.

For his call to duty and dedication to reducing crashes among the township’s teens, the 2007 Awards Committee presents Sergeant William Yarzab the Department’s Exceptional Duty Award.

This is Sergeant Yarzab’s second Exceptional Duty Award.

As Chairwoman of the Traffic Advisory Committee, Joanne Veech was instrumental in bringing the “Alive at 25” teen driving and parent programs to Randolph Township. Joanne has worked as a partner with Sergeant Yarzab and has been influential in the success of the program. She has strong community ties which helped raise awareness of the program and Joanne possesses an outstanding level of motivation and dedication to this beneficial program. She also became certified in the program and went on to be certified as a Master Instructor, providing training to 11 other agencies in the state. Joanne has provided instruction at 12 sessions of the parent/teen driver program with a total number of attendees above 500 people.

Joanne formulated a survey which has been used to obtain feedback about the program from the attendees to allow the program to be adjusted as necessary. As a result, Joanne, along with Sergeant Yarzab, made recommendations to the Board of Education to include the expansion of the program by 50 percent.

Joanne Veech and Sergeant Yarzab were awarded a $22,000.00 grant from State Farm Insurance Company to continue their work in the area of teen driving.

For her dedication to her volunteer position and work put into the teen driving program, the 2007 Awards Committee presents Joanne Veech the Department’s Distinguished Volunteer Award.

Both Joanne Veech and Sergeant Yarzab received the Distinguished Service Award from the New Jersey State Safety Council in April.

Life Saving Award

On June 16, 2007, at 10:43 a.m., Officer Richard Biase responded to a private residence in Randolph on a report of an unresponsive female. Upon his arrival, Officer Biase found a 22 year old woman slumped over in her father’s arms. The subject was not breathing. Officer Biase provided medical assistance to the subject including rescue breathing. Officer Biase continued his medical assistance until the subject was turned over to members of the Randolph Rescue Squad.

Officer Biase is a state certified Emergency Medical Technician.

For his call to duty and quick actions, the 2007 Awards Committee presents Officer Richard Biase the Department’s Life Saving Award.

Grand Cordon Award

On April 7, 2007, Communications Officer Robert Yeager received a phone call from an off duty police officer advising him that there were persons pointing a firearm at other vehicles while traveling on Route 10 West. Communications Officer Yeager gave the information to the officers on the road and kept the caller on the line, constantly updating the Randolph units of the location of the suspect car.

Officer Richard Biase was the first officer to make contact with the suspect’s vehicle and he relayed his location to the other officers. Sergeant Christopher Guiliani caught up with Patrol Officer Biase on Center Grove Road and a felony stop was initiated. Patrol Officer Biase took command of the situation and began to give verbal commands to the occupants of the car via the PA system. He maintained great composure in this highly stressful situation. During the stop, the driver held a silver handgun out the window. The weapon was not pointed directly at the officers. The driver then threw two handguns, later identified as imitation weapons, out of the car.

Officers Neil Caufield, Kurt Edelman, and Brian McGaughran assisted with the removal of the passengers from the suspect vehicle. In addition, another individual attempted to interfere with the investigation and was subsequently arrested.

For their call to duty and outstanding teamwork, the 2007 Awards Committee presents Officers Guiliani, Caufield, Edelman, Biase, McGaughran, and Communications Officer Yeager the Department’s Grand Cordon Award.

Grand Cordon Award/Civilian Service Award

On January 29, 2007, Detective Sergeant Stokoe and Detective Jeffrey Gomez met with an officer from Mendham Township Police Department who had developed information that an individual would be receiving a shipment of marijuana from Canada utilizing the United States Postal Service. Detective Gomez initiated an investigation and contacted the United States Postal Inspector’s Office.

Detectives Stokoe, Gomez, and Keith Donovan continued to work the case. On February 20, the package from Canada was delivered. A member of the Morris County Sheriff’s K-9 unit responded and the dog hit on the package. A federal search warrant was obtained by the U.S. Postal Inspector. On February 22, the suspect went to the Post Office to pick up the package. The suspect was confronted by the U.S. Postal Inspector and he fled on foot. After a short foot chase, the suspect was arrested. A second suspect had been waiting in a parked car also fled after observing the apprehension of his friend. A description of the second suspect was provided over the radio. Resident Jane McAndrew, who heard the description on a scanner, observed the individual walking on the street near her home. She contacted the police department and provided information that led to the apprehension of the second individual. For their call to duty and coordinated efforts in this investigation, the 2007 Awards Committee presents Detectives Stokoe, Gomez, and Donovan the Department’s Grand Cordon Award.

Resident Jane McAndrew is presented with the Department’s Civilian Service Award.

This is Detective Donovan’s second Grand Cordon Award.

Honorable Service Award

On March 31, 2007, Patrol Officer Shawn Boyhan observed a vehicle on Route 10 West with numerous equipment violations present. Officer Boyhan conducted a motor vehicle stop on this vehicle at Route 10 and Jennifern Avenue. While conducting the initial contact with the driver, Officer Boyhan noted several problems with the vehicle’s inspection decal. During the previous year, Officer Boyhan had attended training classes specifically designed to detect fraudulent inspection decals. The driver eventually admitted that the decal was not obtained legally.

Detective Jeffrey Gomez used the information obtained by Officer Boyhan to make contact with the person who provided the fraudulent inspection decal. Over the next several months, Detective Gomez, while acting in an under-cover capacity, developed a rapport with the target subject. Subsequently the individual agreed to sell Detective Gomez an inspection decal.

On July 11, 2007, an arrest was made in this case. Officer Boyhan and Detective Gomez received assistance from the Morris County Prosecutor’s Office, The New Jersey Motor Vehicle Commission, and the members of the Randolph Detective Bureau.

For their call to duty and dedication to this investigation which started as a motor vehicle stop, the 2007 Awards Committee presents Officer Shawn Boyhan and Detective Jeffrey Gomez the Department’s Honorable Service Award.

Life Saving Award

On March 8, 2008, the Randolph Police Department received a call of a woman down in the area of 45 Meadowbrook Road.

Sergeant Scott Arentowicz was the first to arrive on the scene and he observed a young man performing CPR on the victim with a crowd of people watching. When Sergeant Arentowicz approached the victim, the young man, Sam Baron, age 15, who was performing CPR told him that he had completed two cycles of CPR. Sergeant Arentowicz then took over.

Officer Frank Mygas arrived shortly after Sergeant Arentowicz, set up the defibrillator, and administered a shock to Ms. Laurie Heavener which resulted in a strong pulse. Officer Jason Gould and Special Officer Gary DeFoe assisted in the life saving efforts by providing oxygen to the victim.

For their call to duty and quick actions, the 2007 Awards Committee presents Officers Arentowicz, Mygas, Gould, DeFoe, and civilian Sam Baron the Department’s Life Saving Award.

This is the third Life Saving Award for Sergeant Arentowicz and the fifth Life Saving Award for Officer Mygas.

Laurie Heavener, the resident resuscitated in this incident, thanked the officers and Sam Baron for their actions on that day and is convinced she is alive today because of their actions.

Academic Achievement Awards

The Randolph Police Department is proud to recognize the following officers for having met the requirements for the Department’s Academic Achievement Award:

  • Sergeant Jeffrey Gomez—Bachelor Degree from Centenary College
  • Officer Manlio Irula—Associates Degree from the County College of Morris
  • Officer Melissa Bailey—Bachelors Degree from the College of New Jersey
  • Officer Michael Kavanaugh—Bachelors Degree from Fairleigh Dickenson University
  • Officer Matthew Rispoli—Bachelors Degree from Rutgers University
  • Officer Brian McGaughran—Bachelors Degree from the University of Delaware
  • Officer Corey Czerniak—Bachelors Degree from Moravian College
  • Officer Jason Gould—Associates Degree from the County College of Morris

In addition to the academic awards presented tonight, the following officers have continued to pursue their education. The Department would like to recognize the following officers and their educational achievements:

  • Chief Dean Kazaba—Bachelors Degree from William Paterson University in 1980; Masters Degree from Seton Hall University in 1996
  • Lieutenant Thomas Donovan—Bachelors Degree from Centenary College in 2004
  • Lieutenant Robert Mason—Masters Degree from Fairleigh Dickinson University in 1999
  • Detective Sergeant David Stokoe—Bachelors Degree from Fairleigh Dickinson University in 2004; Masters Degree from Fairleigh Dickinson University in 2006
  • Sergeant Jeffrey Gomez—Masters Degree from Centenary College in 2006

PROCLAMATION—Historic Preservation

WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, “This Place Matters” is the theme for National Preservation Month 2008 co-sponsored by Randolph Township’s Landmarks Committee and the National Trust for Historic Preservation.

NOW, THEREFORE, I, Allen Napoliello, Mayor of Randolph Township, Morris County, New Jersey, do proclaim May 2008 as National Preservation Month and call upon the people of Randolph to join their fellow citizens across the United States in recognizing and participating in this special observance.

Deputy Mayor Metz will present the proclamation to the Landmarks Committee.

APPROVAL OF MINUTES OF REGULAR MEETINGS—March 20, March 25, March 27, April 3, April 17, and April 24, 2008

Deputy Mayor Metz made a correction to the minutes of April 24.

Councilman Obremski made a motion to approve the minutes as corrected and presented. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski (abstained on March 27 and April 24)
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

APPROVAL OF EXECUTIVE MINUTES—October 18, November 1, November 29, December 6, December 20, 2007; January 17, January 31, February 7, February 16, February 21, February 28, and March 27, 2008

Councilman Algeier made a motion to approve the minutes of November 1, November 29, December 6, and December 20, 2007, and February 7 and February 16, 2008, as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

Councilman Algeier made a motion to approve the minutes of October 18, 2007. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

ABSTAIN: Deputy Mayor Metz

Councilman Algeier made a motion to approve the minutes of January 17, 2008 as presented. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

ABSTAIN: Councilman Alpert

Councilman Algeier made a motion to approve the minutes of January 31 and March 27, 2008, as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

ABSTAIN: Councilman Obremski

Councilman Algeier made a motion to approve the minutes of February 21, 2008, as presented. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

ABSTAIN: Councilwoman Mitsch

Councilman Alpert made a motion to approve the minutes of February 28, 2008, as presented. Mayor Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Alpert
Councilwoman Mitsch
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

ABSTAIN:
Councilman Algeier
Councilman Obremski
Deputy Mayor Metz

RESOLUTION—Release of Executive Session Minutes

Manager Lovell noted that a series of Executive Session minutes have been previously approved by the council and those documents have been reviewed and are ready to release to the public.

Councilman Obremski made a motion to approve the resolution approving the release of the Executive Session minutes to the public. Councilman Alpert seconded the motion.

Township Attorney Buzak stated that there have been some minor redactions in the closed session minutes that are being released to the public at this time.

The following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

R-139-08

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., provides that all meetings of public bodies shall be open to the public, except that a public body can exclude members of the public from that portion of a meeting during which the public body discusses any of the matters described in N.J.S.A. 10:4-12(b); and

WHEREAS, N.J.S.A. 10:4-13 provides that no public body can exclude members of the public from a meeting to discuss any matter described in N.J.S.A. 10:4-12(b) until the public body adopts a resolution stating the general nature of the subject matter to be discussed and stating as precisely as possible the time when and the circumstances under which the discussion conducted in closed session can be disclosed to the public; and

WHEREAS, the Township of Randolph adopted Resolutions on September 1, 2005, September 15, 2005, September 29, 2005, October 6, 2005, October 18, 2005, November 3, 2005, November 22, 2005, December 1, 2005, December 29, 2005, January 5, 2006, January 19, 2006, January 26, 2006, February 2, 2006, February 16, 2006, March 2, 2006, March 23, 2006, March 30, 2006, April 6, 2006, April 20, 2006, May 25, 2006, June 29, 2006, July 6, 2006, September 7, 2006, September 28, 2006, October 26, 2006, November 2, 2006, November 30, 2006, December 7, 2006, December 19, 2006, January 18, 2007, January 25, 2007, February 15, 2007, February 22, 2007, March 1, 2007, March 29, 2007, April 26, 2007, May 31, 2007, June 7, 2007, June 28, 2007, August 7, 2007, September 6, 2007, and September 20, 2007 authorizing the Township to discuss matters in closed session that identified the subject matter to be discussed and the date when and the circumstances under which the discussion could be disclosed to the public; and

WHEREAS, the Township discussed the matters identified in the above Resolutions in closed session on September 1, 2005, September 15, 2005, September 29, 2005, October 6, 2005, October 18, 2005, November 3, 2005, November 22, 2005, December 1, 2005, December 29, 2005, January 5, 2006, January 19, 2006, January 26, 2006, February 2, 2006, February 16, 2006, March 2, 2006, March 23, 2006, March 30, 2006, April 6, 2006, April 20, 2006, May 25, 2006, June 29, 2006, July 6, 2006, September 7, 2006, September 28, 2006, October 26, 2006, November 2, 2006, November 30, 2006, December 7, 2006, December 19, 2006, January 18, 2007, January 25, 2007, February 15, 2007, February 22, 2007, March 1, 2007, March 29, 2007, April 26, 2007, May 31, 2007, June 7, 2007, June 28, 2007, August 7, 2007, September 6, 2007, and September 20, 2007; and

WHEREAS, minutes of the closed session discussions from September 1, 2005, September 15, 2005, September 29, 2005, October 6, 2005, October 18, 2005, November 3, 2005, November 22, 2005, December 1, 2005, December 29, 2005, January 5, 2006, January 19, 2006, January 26, 2006, February 2, 2006, February 16, 2006, March 2, 2006, March 23, 2006, March 30, 2006, April 6, 2006, April 20, 2006, May 25, 2006, June 29, 2006, July 6, 2006, September 7, 2006, September 28, 2006, October 26, 2006, November 2, 2006, November 30, 2006, December 7, 2006, December 19, 2006, January 18, 2007, January 25, 2007, February 15, 2007, February 22, 2007, March 1, 2007, March 29, 2007, April 26, 2007, May 31, 2007, June 7, 2007, June 28, 2007, August 7, 2007, September 6, 2007, and September 20, 2007 were prepared by the Township; and

WHEREAS, the Township has determined that it is appropriate to release the minutes of the closed session discussions in the form as attached to this Resolution from September 1, 2005, September 15, 2005, September 29, 2005, October 6, 2005, October 18, 2005, November 3, 2005, November 22, 2005, December 1, 2005, December 29, 2005, January 5, 2006, January 19, 2006, January 26, 2006, February 2, 2006, February 16, 2006, March 2, 2006, March 23, 2006, March 30, 2006, April 6, 2006, April 20, 2006, May 25, 2006, June 29, 2006, July 6, 2006, September 7, 2006, September 28, 2006, October 26, 2006, November 2, 2006, November 30, 2006, December 7, 2006, December 19, 2006, January 18, 2007, January 25, 2007, February 15, 2007, February 22, 2007, March 1, 2007, March 29, 2007, April 26, 2007, May 31, 2007, June 7, 2007, June 28, 2007, August 7, 2007, September 6, 2007, and September 20, 2007 to the public at this time in accordance with the aforementioned Resolutions.

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 of Randolph hereby authorizes the release of the minutes of the closed session discussions in the form as attached to this Resolution from September 1, 2005, September 15, 2005, September 29, 2005, October 6, 2005, October 18, 2005, November 3, 2005, November 22, 2005, December 1, 2005, December 29, 2005, January 5, 2006, January 19, 2006, January 26, 2006, February 2, 2006, February 16, 2006, March 2, 2006, March 23, 2006, March 30, 2006, April 6, 2006, April 20, 2006, May 25, 2006, June 29, 2006, July 6, 2006, September 7, 2006, September 28, 2006, October 26, 2006, November 2, 2006, November 30, 2006, December 7, 2006, December 19, 2006, January 18, 2007, January 25, 2007, February 15, 2007, February 22, 2007, March 1, 2007, March 29, 2007, April 26, 2007, May 31, 2007, June 7, 2007, June 28, 2007, August 7, 2007, September 6, 2007, and September 20, 2007 to the public.

2. 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.

3. This Resolution shall take effect immediately.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, congratulated the council on issuing the proclamation addressing Historic Preservation Month. She reported that there is a graduate student researching Randolph who is working with members of the Randolph Museum. Mrs. Whilden expressed her belief that few people realize the historic significance of Randolph Township. There is an historic group that is in the process of organizing all of the historic districts to promote tourism in New Jersey.

Dee Rincon, a resident of Randolph, stated that she was touched by the awards presentation to the police and civilians this evening. Mrs. Rincon presented the council with copies of a booklet called “The Voices of Randolph”, a parent guidebook that is being distributed as a fundraiser.

Julie Hooper, 71 Everdale Road, asked if the mulch available at the Recycling Center was available to landscapers since she did see a landscaper loading his truck with the material.

Manager Lovell responded that the mulch at the Recycling Center is there for the residents and is not aware of landscapers picking up mulch. He thanked Mrs. Hooper for bringing it to his attention and will investigate the matter.

Officer Scott Bailey, Randolph FOP Lodge President, asked if he could provide the Council with a letter from the FOP’s labor attorney pertaining to a police ordinance due to be adopted this evening.

Manager Lovell responded that he has already provided the Council with a copy.

Officer Bailey asked the Council to consider the suggested changes to the ordinance addressed in the letter before taking final action on the ordinance, specifically issues dealing with the promotional procedure.

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier provided the Council with a copy of a letter he composed to the Governor addressing concerns over the COAH situation and the potential impacts to municipalities. The Councilman thanked the Manager, the Township Attorney, and the Finance Officer for their input to the letter. Councilman Algeier would like the members of the council to sign the letter if they are in agreement with his position. He would also like the letter to be available to the public so that they can sign indicating whether they are in agreement or disagreement with the position.

Council members indicated they are in favor of the letter and it should move forward to the Governor’s office. There were suggestions about forwarding a copy of the letter to the surrounding municipalities, offering a copy to the public at the “Meet the Mayor” forum, circulating the letter to the Planning Board, Board of Adjustment, Open Space Committee, Parks Committee, the Environmental Commission, and the League of Municipalities.

Councilman Alpert made a motion that the letter to Governor Corzine be accepted. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

Councilman Obremski asked why there was a posting on the web site for an Assistant Director of Public Works.

Manager Lovell responded that there was a resignation and he will upgrade the position to become more of a general assistant as opposed to strictly Water & Sewer.

Deputy Mayor Metz noted that the MAC Committee is preparing a program entitled “Jessie’s Journey” that will be presented to high school students on May 19.

Manager Lovell noted that there are a number of municipalities concerned about COAH and that the League of Municipalities is taking a lead role in bringing litigation on this matter. The League is asking municipalities to donate $500.00 towards this effort. The Manager asked the council for a motion to authorize the $500.00 donation from the legal fund to support this effort.

Councilman Algeier made a motion to approve a $500.00 donation to the League of Municipalities in support of their litigation efforts regarding COAH. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

INTRODUCTION—2008 MUNICIPAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM

Manager Lovell noted that the budget document will be introduced this evening and a public hearing will be held on June 5, 2008. He highlighted the following points:

  • It was a long budget process, beginning last November
  • The budget is broken down between the municipal budget and the capital improvement program
  • The pension system had a tremendous impact to the budget
  • The history of how the pension system was used to subsidize tax cuts during past administrations and the inability to meet projected sustained earnings in the market
  • A cut in aid to municipalities by the State of New Jersey
  • Elimination of funds from New Jersey used for the road improvement program
  • Ultimately the state passed on a 3 cent tax increase to the municipality
  • Initially the budget was presented as a 3.9 cent tax increase, however the council desired to lower the tax increase to 3 cents
  • Additional cuts were imposed to bring the budget in line with the 3 cent tax increase
  • Energy and operational costs in the township are rising, as well as health benefits
  • Highlights of a document illustrating staffing from 1998 to 2008, showing decreases and shifting of personnel to various departments and the implementation of a part time consulting engineer
  • The budget is a document providing policy direction and resources to the departments to meet the needs of the public

In summary, the Manager indicated he is not completely comfortable with the budget. He believes we are cutting very close in light of some very real liabilities. He is also concerned with constantly rising fuel prices. He provided a breakdown of the taxes as they relate to each dollar collected as follows:

  • 67 cents supports the school system
  • 14 cents supports the county
  • 15 cents supports the municipality for its operations
  • 3 cents represents the amount for Reserve for Uncollected Taxes
  • 1 cent represents the amount for open space and recreation, going towards open space acquisition and park improvements

The Manager believes the township is able to accomplish a great deal for the 18 cents that is retained by the township. This budget is a compromise document in light of the concessions that had to be made to reach a final budget and many difficult decisions were made in its preparation.

Manager Lovell read the following resolution into the record.

R-140-08

The Municipal Budget of the Township of Randolph County of Morris, for Fiscal Year 2008

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2008; and

BE IT FURTHER RESOLVED that said Budget be published in the Randolph Reporter in the issue of May 22, 2008.

The Governing Body of the Township of Randolph does hereby approve the following as the Budget for the year 2008.

Notice is hereby given that the Budget and Tax Resolution was approved by the Mayor and Council of the Township of Randolph, County of Morris, on May 1, 2008. A hearing on the Budget and Tax Resolution will be held at the Municipal Building on June 5, 2008, at 8:00 p.m., at which time and place objections to said Budget and Tax Resolution for the year 2008 may be presented by taxpayers or other interested persons.

General Appropriations:
Appropriations Within “CAPS”
(a) Municipal Purposes$21,168,812.93
Appropriations Excluded from “CAPS”
(a) Municipal Purposes$10,728,268.07
Reserve for Uncollected Taxes based
on Estimated 97.10% of Tax Collections
$2,582,603.00
Total General Appropriations$34,479,684.00
Less: Anticipated Revenues Other Than Current Property Tax$18,181,986.00
Difference: Amounts to be Raised by Taxes
For Support of Municipal Budget
(1) Local Tax for Municipal Purposes Including
Reserve for Uncollected Taxes
$16,297,698.00

Manager Lovell reiterated that the municipal tax increase this year is 3 cents, which is exactly what the state impact is this year to Randolph Township. A 3 cent tax increase amounts to $101.00 to the average residential ratable valued at $335,000.00, which probably has a true market value of around $577,000.00. He asked the Council to support the budget, introduce it, and set a public hearing for June 5, 2008.

Mayor Napoliello thanked the Council, Manager, Assistant Manager, and Finance Director for their work on the budget. He believes Randolph was in a difficult situation this year and several items considered quality of life items were removed from the budget. However, due to the various items imposed by Trenton driving up the tax rate, the council was able to limit those items they could control and hold the tax rate at 3 cents, in effect holding Randolph’s share of the budget to zero percent.

Councilman Algeier made a motion to introduce the budget. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier (noting he had made his comments regarding the budget at the prior meeting)
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #9-08: Capital Ordinance—$196,000.00—Police Equipment, Energy Audit Improvements

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2008 CAPITAL IMPROVEMENTS APPROPRIATING $196,000.00, THEREFORE, INCLUDING $126,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND $70,000.00 FROM CAPITAL SUPLUS” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is a cash ordinance that will undertake several projects in the township, including a mobile data terminal, an SUV, and an electronic fingerprint scanner for the police department as well as the implementation of energy improvements recommended by the energy audit.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2008 CAPITAL IMPROVEMENTS APPROPRIATING $196,000.00, THEREFORE, INCLUDING $126,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND $70,000.00 FROM CAPITAL SUPLUS” 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 Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

(2) Ordinance #10-08: Authorizing $470,000.00 in Debt for Fire and Police Equipment and Telephone System

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 $470,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $420,000.00 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.

Manager Lovell stated that this is a bond ordinance which will allow the township to borrow up to $420,000.00 for a series of projects that are proposed for funding. Those projects include the purchase of self-contained breathing apparatuses for the fire department, the replacement of a radio console for the dispatch center in the police department, and the replacement of the outdated telephone system for Town Hall, Recreation, and the Department of Public Works.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Lee Whilden, 82 Radtke Road, expressed concern over bonding for operating costs and believes this indicates there has been negligence in maintaining the capital improvement budget at an appropriate level. She asked what the town allocates for capital improvements each year.

Manager Lovell responded that the budget this year for capital improvements is just below $500,000.00. Additional funds are budgeted from the Water and Sewer funds. The Manager does not believe the town is negligent. With few exceptions, bond ordinances are retired on an accelerated basis. The Manager would prefer to place more money into the capital improvement budget and does not generally believe in borrowing money, however the reality is that additional money in the fund would mean a tax increase. Several big projects are being delayed for a year or more because of the council’s concerns about the economy and the taxpayer’s willingness to undertake some of these improvements. There is a great deal of thought and discussion by the council concerning every capital improvement project.

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 $470,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $420,000.00 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.

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

Councilman Algeier stated categorically that there is no negligence on the part of the council regarding the capital improvement fund. The fact is that Randolph is fiscally responsible, as indicated by the high approval rating given to Randolph by both Moody’s and Standard and Poor’s. Randolph enjoys AA+ rating, one of only seven towns in the entire state to have a AA+ or better.

The following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

(3) Ordinance #13-08: Amending and Supplementing Article 3, Division 10, “Department of Police”

Township Attorney Buzak noted that this ordinance is the first amended ordinance. After the introduction of the ordinance in March, there were additional issues raised by the police department and some minor amendments were made after a review of those issues. These amendments are insubstantial and will not require the re-publication of the ordinance. If the council wishes to adopt the ordinance as amended, there should be a motion to amend the original ordinance. Mr. Buzak outlined the changes that were made to the ordinance, including:

  • Section 2-331, Sub-Section B—the addition of the wording “in addition” and to clarify that the chief has the power to direct an internal affairs officer to investigate allegations of serious misconduct
  • Section 2-331, Sub-Section C—clarifying that while the Township Manager makes the decision concerning the disciplinary penalty imposed, the Manager directs the issuance of a summons as opposed to issuing the charges
  • Section 2-332, Sub-Section C—clarifying that superior officers can investigate non-serious misconduct of a member of their division
  • Section 2-332, Sub-Section I—clarifying that the Township Manager directs the issuance of the charges as opposed to issuing the charges

Councilman Alpert asked if the ordinance is in compliance with the Attorney General’s guidelines pertaining to internal affairs.

Mr. Buzak responded that he is satisfied that the ordinance is in compliance.

Councilman Alpert noted that he has given this ordinance a lot of thought since it was introduced and has some issues relating to the promotional process. While he doesn’t see a problem with the implementation of the policy for new hires, he is concerned how it impacts officers who have been on the force for many years. During his years in law enforcement, he has seen many fine officers who don’t hold college degrees. To change the rules that a person without a college degree would now need twenty years on the job before being eligible for promotion is unfair. The Councilman also asked the Manager to explain the lieutenant/captain/deputy chief/chief issue.

Manager Lovell responded that the Councilman’s comments will be addressed during the public hearing.

Councilwoman Mitsch made a motion to amend the ordinance to be the first amended ordinance. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Alpert

ABSENT: Councilwoman Price

Mr. Buzak noted for the record that the Council is now dealing with the ordinance as amended for discussion and public hearing.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND REPLACING DIVISION 10, ‘DEPARTMENT OF POLICE,’ OF ARTICLE 3, ‘GENERAL ADMINISTRATIVE ORGANIZATION,’ OF CHAPTER 2, ‘ADMINISTRATION,’ OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that the police promotional ordinance was first established in 1999 as a result of a request from the FOP to change the way in which tests for promotions were conducted. Due to recent concerns arising from the police department, the ordinance required modification and revision. The Manager created a committee which included the Police Chief, three lieutenants, and Mr. Buzak’s office to work on the ordinance. The Manager summarized some of the challenges faced while re-writing the ordinance, which include the following:

  • Creating other opportunities for promotion, such as years of service on the police force, years of military service, and accredited college credits
  • Concerns for including senior officers not currently eligible for promotion
  • Whether allowing senior officers to be eligible for promotion would appear as unfair to those officers who have seeking college courses or a degree
  • The subjectivity and objectivity issues relating to promotion
  • Concerns with language dealing with internal affairs investigations

Regarding the captain/deputy chief issue raised by Councilman Alpert, the position of captain is a part of the FOP bargaining unit and has been eliminated. The position of deputy chief is exempt from the bargaining unit.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Scott Bailey, FOP President, noted that there are few promotional opportunities for officers with twenty years of service who don’t hold college degrees, which he finds troublesome. Officer Bailey believes that time spent on a job is just as important as a college degree. Many officers hired in the 1980s without college degrees believed they would have a chance for promotion and, for various personal reasons, may not have had a chance to return to college for a degree or extra credits. If an officer becomes ineligible for promotion based on these issues, it could become a moral concern for the department. Officer Bailey urged the council to consider the letter he presented from the labor attorney before making their final decision on the ordinance.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND REPLACING DIVISION 10, ‘DEPARTMENT OF POLICE,’ OF ARTICLE 3, ‘GENERAL ADMINISTRATIVE ORGANIZATION,’ OF CHAPTER 2, ‘ADMINISTRATION,’ OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” 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 Algeier made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion.

Councilwoman Mitsch asked if, during drafting the ordinance in question, there were representatives from the police department as part of the committee.

Manager Lovell responded that the police chief and three lieutenants were part of the committee.

Councilwoman Mitsch asked if their recommendations concerning the ordinance included the thoughts and wishes of the entire police department.

Manager Lovell responded that each person brought a different view point to the committee. The Manager believes the police recommendations are based upon consideration of feedback offered by the people they work with on a daily basis.

Councilman Algeier noted for Officer Bailey’s benefit that the council has had the letter from Mr. Leder and has had the opportunity to review and discuss it at the last meeting. It is the Councilman’s personal opinion that several years ago an ordinance was adopted that was perhaps too aggressive concerning educational achievement as opposed to service. However, during that time, several officers have undertaken the initiative to obtain college degrees or credits to obtain promotion criteria. He noted that the council faces a difficult decision in adopting this ordinance and he believes it to be an equitable ordinance. While he holds the utmost respect for all of the officers serving Randolph, the Councilman intends to vote in favor of the ordinance. However, as with all ordinances, it is a work in progress and is open for revision if changes are needed in the future.

The following roll call vote was taken:

AYES:
Councilman Algeier
Councilwoman Mitsch
Deputy Mayor Metz
Mayor Napoliello (noting that this is a difficult vote but the ordinance can be changed in the future if necessary)

NAYS: Councilman Alpert

ABSENT: Councilwoman Price

ABSTAIN: Councilman Obremski (noting that he was absent from the last meeting and did not have a chance to hear the council’s discussions nor review Mr. Leder’s letter)

Mr. Buzak noted that the ordinance is adopted with the vote.

B. Introduction

(1) Ordinance Authorizing Acceptance of a Sanitary Sewer Easement From RIC Associates—Randolph Business Campus, Block 44, Lot 3—Grant

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A SANITARY SEWER EASEMENT FROM RIC ASSOCIATES, LLC, ACROSS A PORTION OF LOT 3 IN BLOCK 44 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 5th of June, 2008, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell noted that this ordinance accepts an easement and the project has been approved by the township boards and engineer.

Councilman Obremski made a motion to introduce the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

(2) Prohibiting Right Turns on Red for Pleasant Hill Road Traffic Entering Dover Chester Road (County 513)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE PROHIBITING RIGHT TURNS ON RED TRAFFIC LIGHTS AT CERTAIN INTERSECTIONS” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 5th of June, 2008, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell stated that this ordinance will prohibit a right turn on red from Pleasant Hill onto Dover Chester Road.

There was some discussion pertaining to the directional language in the ordinance.

Councilman Alpert suggested removing the directional language from the ordinance.

Manager Lovell responded that he has no problem removing that language.

Councilman Alpert made a motion to introduce the ordinance as amended. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

(3) Bond Ordinance in the Amount of $489,000.00 Funding the Acquisition of Public Works and Park Maintenance Equipment

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 $489,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $441,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 5th of June, 2008, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell noted that this ordinance will allow the purchase of equipment for Public Works Department and the Parks Department. The Manager stated that before purchasing equipment, other municipalities are contacted to determine if a shared purchase can be accommodated.

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

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

(4) Capital Ordinance in the Amount of $1,100,000.00 Funding the 2008 Road Overlay Program, Painting of the Old Brookside Road Water Tank, Acquisition of Park Playground Equipment, and Upgrades to Fuel System to Comply with NJDEP Standards

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2008 CAPITAL IMPROVEMENTS APPROPRIATING $1,100,000.00, THEREFOR, INCLUDING $970,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $70,000.00 FROM CAPITAL SURPLUS; $10,000.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; AND $50,000.00 DUE FROM THE BOARD OF EDUCATION” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 5th of June, 2008, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell stated this is a cash ordinance. It includes the 2008 road overlay program, the repainting of a water tank on Old Brookside Road, replacement of playground equipment at Randolph Park, and the remediation of fuel tanks at the Public Works garage to bring them into compliance with DEP standards. The cost of the fuel tank remediation is being shared with the Board of Education.

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

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

(5) Increase the Maximum Fine Imposed for the Violation of an Ordinance to $2,000.00

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 1-7(a), GENERAL PENALTY, OF CHAPTER 1, GENERAL PROVISIONS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO INCREASE THE MAXIMUM FINE THAT CAN BE IMPOSED FOR THE VIOLATION OF AN ORDINANCE TO $2,000.00” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 5th of June, 2008, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Manager Lovell noted that the current ordinance dates back to the 1970s. New Jersey is allowing towns to increase their fines to a maximum of $2,000.00. Municipal judges retain the flexibility to impose fines at their discretion to a maximum of $2,000.00.

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

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

COMBINED ACTION ITEMS

Deputy Mayor Metz made a motion to approve the combined action items. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment for Tax Years 2006 and 2007 by the Tax Court for 111 Canfield Avenue to Canfield Business Park Assoc.—$29,268.12

R-141-08

WHEREAS, Canfield Business Park Associates has been granted a reduction in assessed valuation for the tax years 2006 and 2007 by the Tax Court of New Jersey on Block 18, Lot 10.01, known as 111 Canfield Avenue; and

WHEREAS, overpayments exist as a result of the reduction for the year 2006 in the amount of $9,746.52 and for 2007 in the amount of $19,521.60; and

WHEREAS, it is recommended by the Tax Collector that these overpayments 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 $29,268.12 to Canfield Business Park Associates.

(2) Refund Overpayment for Tax Years 2006 and 2007 for 117 Canfield Avenue to Canfield Business Park Assoc.—$43,902.18

R-142-08

WHEREAS, Canfield Business Park Associates has been granted a reduction in assessed valuation for the tax years 2006 and 2007 by the Tax Court of New Jersey on Block 18, Lot 10.02, known as 117 Canfield Avenue; and

WHEREAS, overpayments exist as a result of the reduction for the year 2006 in the amount of $14,619.78 and for 2007 in the amount of $29,282.40; and

WHEREAS, it is recommended by the Tax Collector that these overpayments 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 $43,902.18 to Canfield Business Park Associates.

(3) Refund Overpayment of 2008 Taxes for 118 Arrowgate to Anthony and Rosalie DiFilippo—$1,877.19

R-143-08

WHEREAS, Anthony and Rosalie DiFilippo have overpaid 2008 taxes in the amount of $1,877.19 on Block 42, Lot 112.118, 118 Arrowgate Drive; 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 $1,877.19 to Anthony and Rosalie DiFilippo.

(4) Refund Outside Tax Sale Certificate #1869 for 6 Orchard Drive to JN Properties—$7,264.82

R-144-08

WHEREAS, Outside Tax Sale Certificate #1869 held by JN Properties, assessed to RMS Residential Properties, Block 21.04, Lot 19, 6 Orchard Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $7,264.82.

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 $7,264.82 to JN Properties, holder of Tax Sale Certificate #1869.

(5) Refund Day Camp Fees Due to a Scheduling Conflict to Sheela and Heman Kodapully—$635.00

R-145-08

WHEREAS, Sheela and Heman Kodapully registered their child for Day Camp and paid the fee of $735.00; and

WHEREAS, their daughter will not be attending the Day Camp due to a conflict.

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 $635.00 be refunded to Sheela and Heman Kodapully, 40 Hilltop Drive, Randolph, NJ 07869.

(6) Release Road Opening Cash Bond for the Connection of Sump Pumps to a Storm Drain, Block 1, Lot 11, 44 Peace Road, to Pantelis Monogioudis—$300.00

R-146-08

WHEREAS, the Engineering Department has received a request from Pantelis Mongioudis for the release of a $300.00 cash road opening bond posted for the connection of a sump pump to a storm drain at 44 Peace Road, Block 1, Lot 11; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on June 15, 2007; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connection to the storm drain within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Inspector, that the cash road opening bond in the amount of $300.00 be refunded to Pantelis Monogioudis, 44 Peace Road, Randolph, NJ 07869.

(7) Refund Teen Travel Camp Due to Personal Scheduling Conflict to Mr. and Mrs. Costa—$725.00

R-147-08

WHEREAS, Mr. and Mrs. Costa registered her child for Teen Travel Camp and paid the fee of $825.00; and

WHEREAS, their child will not be attending the Teen Travel Camp due to personal conflicts in schedules.

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 $725.00 be refunded to Mr. and Mrs. Costa, 8 Chambers Place, Randolph, NJ 07869.

(8) Release Remaining Escrow for Block 20, Lot 11, to SIMAX, LLC—$6,078.00

R-148-08

WHEREAS, the Planning and Zoning Department received escrow funds from SMS Developers for Block 20, Lot 11, in the amount of $7,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $6,078.00 plus interest be refunded to SIMAX, LLC, SMS Developers, 15 Suffern Place, Suffern, NY 10901.

(9) Release Escrow for Block 45, Lot 22.09, to Demetrious and Debbie Seretis—$716.50

R-149-08

WHEREAS, the Planning and Zoning Department received escrow funds from Demetrios and Debbie Seretis for Block 45, Lot 22.09, 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 $716.50 be refunded to Demetrios and Debbie Seretis, 21 Tamari Court, Randolph, NJ 07869.

(10) Release Escrow Funds for Block 5, Lot 20, to Break Ground Realty, LLC—$4,176.00

R-150-08

WHEREAS, the Planning and Zoning Department received escrow funds from Break Ground Realty, LLC, for Block 5, Lot 20, in the amount of $4,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $4,176.00 be refunded to Break Ground Realty, Michael Milewski, Esq., Schoolhouse Plaza, Suite 102, Denville, NJ 07834.

B. Authorizing the Award of Contract for Hearing Officer to Richard Cushing, Esq.—Not to Exceed $5,000.00

R-151-08

WHEREAS, the Township of Randolph has a need to acquire Richard Cushing, Esq., Gebhardt & Kiefer, PC, 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 will 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, Richard Cushing, Esq., Gebhardt & Kiefer, PC, has indicated they will provide the Hearing Officer services for an amount not to exceed $5,000.00; 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 Richard Cushing, Esq., Gebhardt & Kiefer, PC, 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: May 1, 2008

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 the 2008 Budget, Legal, Other Expenses, to award a contract with Richard Cushing, Esq., Gebhardt & Kiefer, PC, as hearing officer in the amount to the exceed $5,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Auto Parts Purchases From Various Vendors Through NJ State Contract #M0065—Not to Exceed $185,000.00

R-152-08

WHEREAS, the Township of Randolph will utilize New Jersey State Contract #M0065 under the U.S. Communities Government Purchasing Alliance for Automotive Parts from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $185,000.00.

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 purchase from New Jersey State Contract #M0065 using various vendors as needed for all departments in the Township.

C. Amend Professional Services Agreement for Robert Michaels & Associates to Provide General Planning Services—Adding $2,500.00 For a New Total of $4,500.00 (Review of New COAH Requirements/Impact on Randolph)

R-153-08

WHEREAS, there exists a need to amend the Professional Services Agreement with Robert Michaels & Associates to provide general planning services for review of COAH requirements and the impact on Randolph; and

WHEREAS, the cost for such amendment will not exceed $2,500.00 for a new total of $4,500.00; and

WHEREAS, funds are available for this purpose; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that Change Order #1, not to exceed $2,500.00 for a new total of $4,500.00, be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 1, 2008

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 2008 Budget, Planning, Other Expenses, to amend the contract with Robert Michaels & Associates for general planning services for review of COAH and the impact on Randolph in the amount not to exceed $2,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing the 2008 Temporary Capital Budget for Purchase of Various Capital Improvements

R-154-08

WHEREAS, the Township of Randolph desires to constitute the 2008 Temporary Capital Budget of the Township by inserting therein the Purchase of Various Capital Improvements.

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

No. 3
Temporary Capital Budget
Township of Randolph
County of Morris, New Jersey
ProjectEstimated CostCapital Improvement FundGeneral Bonds
Purchase of three pick-up trucks, dump truck and loader for the DPW$375,000.00$27,000.00$348,000.00
Purchase of two mowers, truckster, rotary broom, tooth rake, trailer and beach claw for the Parks Department $114,000.00$21,000.00$ 93,000.00

E. Rescission of George Schofield’s Company’s MCCPC Contract 33—Clay for Athletic Field

R-155-08

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded Contract #33 (Clay for Athletic Fields) on January 17, 2008, to George Schofield Company, Inc., of Bound Brook, New Jersey; and

WHEREAS, George Schofield Company, Inc., has advised that they are unable to hold the contract bid price of clay at $28.85 per ton due to the increased cost of diesel fuel associated with deliveries to the MCCPC membership and

WHEREAS, it is in the MCCPC’s interest to rescind the contract with George Schofield Company, Inc., and re-bid Contract #33 (Clay for Athletic Fields) on behalf of the MCCPC membership.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that MCCPC Contract #33 (Clay for Athletic Fields) be rescinded from George Schofield Company, Inc., of Bound Brook, New Jersey, and the contract be re-bid.

DISCUSSION

(1) Selection of a Consulting Engineer to Provide Administrative Services

Manager Lovell indicated that he has completed the interview process for a consulting engineer, as he was instructed to do by the council. He interviewed representatives from the following firms:

  • Omland Engineering Associates
  • Ferriero Engineering, Inc.
  • Keller & Kirkpatrick
  • Maser

Although the Manager believes all four firms capable of providing engineering services to Randolph, he has chosen Paul Ferriero. He believes Mr. Ferriero best understands the concept the Manager is trying to implement for Randolph. Manager Lovell noted that there are several projects that require an engineer’s approval and timing is becoming an issue. Therefore, he would like the council to authorize a 90 day professional services agreement with Mr. Ferriero.

Councilman Algeier asked if the Manager contacted other municipalities that have done business with Mr. Ferriero.

Manager Lovell responded that he has contacted Bedminster, Mendham Borough, Lebanon, Bernards, Chester and Clinton. All gave Mr. Ferriero a positive review and were satisfied with his services.

Mr. Buzak noted that he has had experience dealing with Mr. Ferriero and has always found him to be honest and clear about what he does.

Councilman Algeier suggested having Mr. Ferriero attend an upcoming meeting so that the council can meet him.

Manager Lovell responded that he will invite him to a meeting. He also noted that a 90 day agreement will provide him the opportunity to see how the arrangement is working for the township.

The consensus of the council was to approve the hiring of Mr. Ferriero as a consulting engineer and offer a 90 day professional services agreement.

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, commented that he knows many of the police officers on the force and urged the council to not restrict promotions because of a lack of a college degree.

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

COUNCIL COMMENTS

Mayor Napoliello noted that many vehicles are making an illegal turn while exiting the CVS Pharmacy and wonders if the placement of a police officer during prohibited turning hours would be indicated. The Mayor also stated that he will miss the next meeting due to vacation.

Manager Lovell expressed that he understands and appreciates the comments made tonight regarding promotional opportunities for the police officers, however this ordinance does not decide who is a good officer or a bad officer. He is generally impressed by the talent in the police department. Money was offered as an incentive to get officers to go back to school to get some managerial classes.

Councilman Obremski noted that May 3 is Clean Communities Day, weather permitting, beginning at 9:00 a.m.

EXECUTIVE

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

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

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

a. Combs Fill South Landfill Litigation

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

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

Councilman Alpert made a motion to go into Executive Session. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

EXCUSED: Councilman Algeier

Councilwoman Mitsch made a motion to come out of Executive Session. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Price

EXCUSED: Councilman Algeier

ADJOURNMENT

The Mayor adjourned the meeting at 10:00 p.m.

Donna Marie Luciani
Township Clerk