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 4, 2006

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Algeier. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on January 6, 2006 by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006 and in the Randolph Reporter on February 2, 2006.

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

ABSENT: Councilman Napoliello

Mayor Algeier noted that Councilman Napoliello was on vacation.

Also present: Township Manager John Lovell and Township Attorney Buzak

Mayor Algeier led the Pledge of Allegiance.

PROCLAMATION—BLAZING NEW TRAILS IN SPECIAL EDUCATION—MAY 21, 2006

School Superintendent Max Riley introduced Ed Gunnell and Laurel Clark, prime sponsors of the May 21 event.

Mr. Gunnell noted that the primary goal of the walk-a-thon is to raise awareness of the work being done in the special education departments in Randolph’s schools and of the children for the hard work they do. Money raised from this event will be used for scholarships given to every graduating senior in the special education program.

Mayor Algeier read the following proclamation:

WHEREAS, PEC (Parents and Professionals for Exceptional Children) has been a support organization for the families of children with special needs in Randolph for over 20 years offering education, support, and advocacy; and

WHEREAS, PEC will be highlighting the excellent work of the professional staff members of the Randolph Township Special Services Department; and

WHEREAS, the families, professionals, and corporations of Randolph have sponsored this event in a unifying way, with both cash and in-kind donations; and

WHEREAS, Saturday, May 21, 2006, PEC will be hosting an inaugural walk-a-thon in order to raise awareness for “our kids,” as well as a scholarship fund.

NOW, THEREFORE, I, Gary Algeier, Mayor of Randolph, in the County of Morris, State of New Jersey, do hereby proclaim that May 21, 2006 be declared “Blazing Trails in Special Education” Day.

COUNCIL AND MANAGER REPORTS

Councilwoman Price noted that the Freedom Festival Parade recruitment is going well. A number of bands have already signed up, and they are trying to recruit the jazz band from the high school.

Mayor Algeier stated that he has extended an invitation to the parade to Tom Keane.

Councilman Huston reported that he attended the Board of Education reorganization meeting. During their public session he congratulated those newly elected to the Board as well as those returning to leadership positions and spoke positively of the good relationship that exists between the Council and the Board of Education. The Councilman recommends someone from the Council attend future Board of Education reorganization meetings once he has left the Council.

Councilman Huston expressed concern about two devastating house fires recently occurring in Randolph on the same day and asking if a report will be made available.

Manager Lovell responded that he will touch on this issue during his report to the Council.

Councilman Huston would like to explore whether there are more efficient and economical ways to transport senior citizens to their medical or other appointments.

Deputy Mayor Obremski stated that he will be attending the New Jersey Emergency Preparedness Conference and will bring information back to the Council.

Mayor Algeier noted that there was good representation from Randolph at the Morris County Emergency Preparedness Conference. Although he felt it was a good conference, he still believes that not enough information gets to the towns, particularly to elected officials, and there is not a lot of coordination between the towns and counties.

The Mayor also attended the Whippany River Watershed Action Committee Mayors’ Round Table, which was well attended. There was much discussion on what is happening in the various towns and an excellent report from the Morris County Planning Board Director, who spoke about the stormwater ordinances and his desire to work with towns to achieve compliance. The Mayor will be bringing this information to our Planning Board.

Councilman Huston stated that he also attended a presentation by the Morris County Planning Board Director where he learned that the County College of Morris has a stormwater management plan. The Councilman suggested Randolph obtain a copy of that plan for review.

Manager Lovell distributed pictures of both house fires to the Council and summarized the reasons why the fires were so devastating. It is his belief that the fire companies responded very well. The Manager discussed retaining walls that are beginning to break down in and around Randolph and the prospect of having to replace some of them. Manager Lovell expressed concern with an issue involving Sunrise Assisted Living and the rise in requests for courtesy ambulance transportation, which is overtaxing our Rescue Squad. He plans to meet with Sunrise and hopes to work out an amicable agreement, however if that can not be achieved he would like support for an ordinance that would put an end to courtesy ambulance transportation.

Mayor Algeier noted for the record that the County has agreed to accept Randolph’s request for a scaled down version of the Sussex Turnpike project and will try to advance the project with the State.

Manager Lovell stated that a meeting is being organized with the County and the State.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, introduced Tara Grant, who was responsible for doing the write-up on the educational proclamation.

RESOLUTION—SELF-EXAMINATION OF THE BUDGET

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Manager Lovell stated that this is a resolution that the State of New Jersey recommends certain municipalities undertake each year. While the Department of Community Affairs is responsible for reviewing all municipal budgets adopted each year, they are understaffed and therefore allow municipalities in good standing to conduct self-evaluations, typically for a three-year period, and then perform an evaluation on the fourth year.

Councilman Manning made a motion to adopt the resolution. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

WHEREAS, N.J.S.A. 40A-7-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Township of Randolph has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2006 budget year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that in accordance with N.J.A.C. 5:30-7.6a and 7.6b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes

2. That the provisions relating to limitations on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq. are fully met (complies with CAP law).

3. That the budget is in such form arrangement and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate, and correctly stated
b. Items of appropriation are properly set forth
c. In itemization form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

HEARING 2006 MUNICIPAL BUDGET, CAPITAL IMPROVEMENT PROGRAM AND SEWER AND WATER

Manager Lovell read the Randolph Township Mission Statement. He then summarized the areas of the budget that contributed heavily to the increase this year. The Manager noted that no one is happy to increase the budget, however he feels it is important to recognize that he tried to reduce expenditures as opposed to dipping into the surplus. Just as important, as much cash as possible was given to the capital improvement program as opposed to bonding projects. These steps will hopefully leave future Councils without a shortfall. The water and sewer budgets remain healthy and the Manager summarized projects on-going in those areas. The Manager believes this to be a responsible budget for the township, that it is conservative in the appropriations as well as revenue projections, and will enable the Township to meet the public’s demands for services and continue the excellence that the residents demand. He feels comfortable recommending the budget for adoption.

Mayor Algeier opened the meeting to the public.

Daniel Lynn, Rolling Ridge Road, asked if the denial of the police request for additional officers was a managerial or a Council decision.

Manager Lovell summarized the process beginning with the Chief of Police’s request and continuing through the Manager’s recommendations to the Council dealing with alternative solutions to hiring additional manpower. It was a policy decision made by the Council.

Mr. Lynn asked if there was an analysis done comparing the hiring of additional police personnel and off-setting the dollar amount spent for overtime.

Manager Lovell responded that overtime should taper off once the force is back up to full capacity and a couple of trainees are working independently.

Mr. Lynn asked if the Council was unanimous in their agreement of the Manager’s recommendations as they relate to the police force.

Mayor Algeier noted that they were.

Mr. Lynn asked if the expenditures in the Parks, Recreation and Community Services for the support of leagues and self-sustaining programs has corresponding revenue located in miscellaneous under recreation fees.

Manager Lovell responded that the increase in programming is tied to the increase in fees.

Mr. Lynn asked if it was correct that no additional money was budgeted for the senior citizen programs over and if this was a policy decision made by the Council.

Manager Lovell stated that $20,350.00 was requested and approved for senior programs.

Mayor Algeier stated that he is the liaison to the Senior Citizens’ Advisory Committee and they have expressed satisfaction with the level of services and the money provided for their needs.

Lee Whilden, 82 Radtke Road, asked if the state allocation for the Sussex Turnpike work will be adequate for the cost of sewers in that area.

Manager Lovell responded that the state provided a budget as part of their overall construction cost to extend sewers on Sussex Turnpike to the Mountain Ridge Industrial Park. He noted that there is flexibility in the capital program to raise additional money if necessary and feels we’re very safe on the sewers at this time.

Julie Hooper, 71 Everdale Road, noted that there is not much money for capital improvements on the roads this year and asked if that was because of the high cost of oil.

Manager Lovell stated that we actually have more money in the capital improvement fund this year, however the cost of oil has grown so significantly which pushes the cost of asphalt that the number of miles to be improved has been reduced.

Judith Stewart, 114 Everdale Road, asked if there was a report on recycling showing money saved.

Manager Lovell responded that it was inadvertently not requested this year but he will request it because he believes it is an important statistic. Recycling numbers are going down while garbage tonnage is increasing.

Mrs. Stewart suggested placing articles in the newspapers promoting recycling. She has been asking the School Board to encourage recycling at the schools, but she is unhappy with the results so far. Mrs. Stewart believes this is a serious problem worthy of the Council’s consideration, and she will be raising this issue again at future Council and Board of Education meetings. She noted that she would still like to see a document relating to recycling numbers. Mrs. Stewart supports the budget, believes that the Manager did a fine job while the Council worked hard to keep taxes under control, and is willing to pay for the services provided by the town.

The public portion of the meeting was closed at this time.

Councilman Huston asked that, when police do off-duty work, does it cause overflow into our overtime.

Manager Lovell responded that it does not.

Councilman Huston spoke about his concerns relating to recycling and his belief that there is little economic incentive for the town. He would like to see the Council take a policy leadership role in the future, possibly imposing a fee structure for those individuals or businesses in town who consistently leave unlimited amounts of garbage or leaves or brush at the curb, which creates an imbalance of demand for services.

Councilman Huston stated that he is going to vote against the budget because it is his opinion that we are running a very expensive operation and there is no policy for long-term planning to develop alternatives for controlling taxes.

Councilman Manning stated that he will be voting against the budget, although he feels the budget was put together very well and the Council did a good job. He objects to the accounting practices followed by the government and the way it falsely identifies self-sustaining programs.

Councilwoman Price believes that the Council acted responsibly in going through the budget as first presented and looking for reductions and cuts to bring it to the final version presented for adoption.

Mayor Algeier believes the Council did a very good job on the budget, especially when you compare the efforts of those at the township level to the efforts of those at the state level. He congratulated the Chief Financial Officer and the Township Manager for providing an understandable budget and presenting it in an understandable manner. The Mayor also thanked the Department Heads for working within their constraints.

Councilwoman Mitsch noted that there are many factors in the budget over which the Council has no control, such as pensions or stormwater regulations pushed by the state.

Manager Lovell read the following resolution into the record:

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:

General Revenues:
Surplus Anticipated$ 2,860,000.00
Miscellaneous Revenues Anticipated12,706,566.00
Receipts from Delinquent Taxes800,000.00
  
Amount to be Raised by Taxation for Municipal Purposes:$ 14,328,230.00
  
Total Revenues$ 30,694,796.00
  
General Appropriations:
Within “CAPS”
Operations Including Contingent$ 16,554,893.00
Deferred Charges and Statutory Expenditures—Municipal757,727.00
  
Excluded from “CAPS”
Operations—Total Operations Excluded From CAPS$ 7,525,805.00
Capital Improvements696,000.00
Municipal Debt Service2,862,069.00
Deferred Charges—Municipal381,000.00
Reserve for Uncollected Taxes1,917,302.00
  
Total Appropriations$ 30,694,796.00

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

AYES:
Councilwoman Mitsch
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: Councilman Huston
Councilman Manning

ABSENT: Councilman Napoliello

ORDINANCES

A. Introduction

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

Manager Lovell noted that an early draft of the ordinance was advertised. He recommended withdrawing Ordinance #8-06 and introducing this new ordinance.

Councilman Huston made a motion to withdraw #8-06. Councilman Manning seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch (out of room at time of vote)
Councilman Napoliello

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE III, MANDATORY RECYCLING OF CHAPTER 42, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be 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 June 1, 2006, at 8:00 p.m. in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

Councilman Huston asked if there was any incentive in the ordinance for people to report violations, such as landscapers dumping leaves on Randolph’s streets.

Manager Lovell responded that there were no such incentives in the ordinance. Councilman Huston suggested an incentive be added to the ordinance.

Mayor Algeier noted that an incentive can be added as an amendment at a later time. The Mayor then called for a vote to be taken on the ordinance as it is.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

B. Second Reading and Public Hearing

(1) Ordinance #9-06—Acceptance of Deed of Detention Basin Dedication—Heritage XII

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DETENTION BASIN DEED FOR LOT 1 IN BLOCK 93.02 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Councilwoman Price made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DETENTION BASIN DEED FOR LOT 1 IN BLOCK 93.02 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

(2) Ordinance #10-06—Authorizing and Accepting the Conveyance of Block 86, Lot 75—Mishkin Property

Manager Lovell noted that the final hindrance to the acquisition of this property was worked out and that the demolition contractor will provide $1,000,000.00 of insurance coverage also naming the Mishkin family.

The Mayor opened the meeting to the public. Hearing no comments, the public portion was closed.

Township Attorney Buzak noted for the record that the amendment referred to by the Manager are not substantial amendments to the contract and are covered within the confines of the ordinance as it has been introduced.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING AND ACCEPTING THE CONVEYANCE OF BLOCK 86, LOT 75, AS SHOWN AND DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY, FROM THE OWNER THEREOF” be read by title on second reading and a hearing held thereon.

Councilman Manning made a motion to adopt the ordinance. Councilman Huston seconded the motion.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING AND ACCEPTING THE CONVEYANCE OF BLOCK 86, LOT 75, AS SHOWN AND DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY, FROM THE OWNER 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.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

B. Introduction

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

Manager Lovell noted that this amendment was requested by the MEL/JIF.

Councilman Huston expressed his objection in that the rates are already high but they give the town nothing for the equipment or the costs that go along with supporting the officer.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A—FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be 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 June 1, 2006, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Huston made a motion to introduce the ordinance. Councilman Manning seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

(2) Bond Ordinance for Capital Improvements Funding Equipment Acquisitions Totaling $1,108,000.00 and Authorizing $767,000.00 Debt

Manager Lovell provided a summary of the ordinance.

Councilwoman Mitsch made a motion to introduce the ordinance. Councilwoman Price seconded the motion.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,108,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $767,000.00 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 June 1, 2006, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

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

Manager Lovell provided a summary of the ordinance.

Councilwoman Mitsch made a motion to introduce the ordinance. Councilwoman Price seconded the motion.

Councilman Manning asked if Everdale Road was taken off due to a water line being installed late in 2006.

Manager Lovell responded that negotiations for a water line have begun with Nitti, and once they are complete the water line will get underway.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2006 CAPITAL IMPROVEMENTS APPROPRIATING $1,035,500.00 THEREFORE, INCLUDING $750,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $100,000.00 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION; $42,500.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; AND $143,000.00 FROM CAPITAL SURPLUS” be 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 June 1, 2006, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

(4) Amending Section 16-46(a), Designation of Complaint Officer, of Chapter 16 Cable Communications

Manager Lovell noted that Randolph has traditionally assigned the role of Complaint Officer to the Assistant Township Manager. Since all of the other towns in New Jersey with cable television service have assigned that role to the Board of Public Utilities, we receive numerous calls from these other towns, which has become very time consuming. This ordinance will re-assign the role of Complaint Officer for Randolph.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 16-46 (a), DESIGNATION OF COMPLAINT OFFICER, OF CHAPTER 16, CABLE COMMUNICATIONS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be 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 June 1, 2006, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

COMBINED ACTION RESOLUTIONS

Manager Lovell explained Item G whereby Randolph will make all payments for the work done by the contractor to the bond company. His initial concern was that the contractor was in financial trouble, however he learned that this method enables the contractor to increase their bonding capacity for jobs.

Councilman Huston expressed concern with this arrangement and would not support the resolution.

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of 2006 Taxes for 31 Ridgewood Drive—Thomas Kleinbard—$1,675.20

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WHEREAS, Wells Fargo Home Mortgage has paid 2006 taxes in error in the amount of $1,675.20 on Block 119, Lot 110.115, known as 31 Ridgewood Drive, assessed to Thomas Kleinbard; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $1,675.20 to Wells Fargo Home Mortgage.

(2) Release Escrow Funds for Police Detail—Randolph High School Athletic Fund—$304.00

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

WHEREAS, the Detail work has been completed.

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

Randolph High School Athletic Fund—$304.00

(3) Release Escrow Funds for Block 97.01, Lot 4, to Maryanne Delaney-Bush—$770.50

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WHEREAS, the Planning and Zoning Department received escrow funds from Charles Bush for Block 97.01, Lot 4, in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out; and

WHEREAS, the amount of escrow charged was $229.50 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 $770.50 be refunded to Maryanne Delaney-Bush, 5 Parkview Road, Randolph, NJ 07869.

B. Professional Services Agreement with Robert Michaels for Planning Services for Zoning Ordinance Amendments—Not to Exceed $8,500.00

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WHEREAS, there exists a need to enter into a professional services agreement with Robert Michaels & Associates to provide professional planning services for zoning ordinance amendments with regard to the Route 10 corridor from the Roxbury border to the Millbrook Avenue intersection; and

WHEREAS, the cost for such professional planning services will not exceed eight thousand five hundred dollars ($8,500.00); and

WHEREAS, funds are available for this purpose; and

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

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

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

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 4, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2006 Budget, Planning, Other Expense, to award a contract to Robert Michaels & Associates for professional planning services in connection with the zoning ordinance amendments in the amount not to exceed $8,500.00.

_______________________
Michael J. Soccio
Chief Financial Officer

C. Dedication by Rider Authorizing Municipal Alliance Donations To be Placed in Randolph’s General Trust Fund and Added to The 2006 Budget to be Used Solely by the Municipal Alliance

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WHEREAS, the State of New Jersey, Department of Community Affairs promulgation regulations under N.J.S.A. 40A:5-29 for Municipal Alliance; and

WHEREAS, the funds received in this account are to be used strictly for the Municipal Alliance; and

WHEREAS, such donations for Municipal Alliance are to be accounted for in the General Trust Fund of the Township of Randolph.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, County of Morris, and State of New Jersey, that the donations for Municipal Alliance be placed in the Township of Randolph’s General Trust Fund and be considered a “Dedication by Rider” to the 2006 Budget of the Township of Randolph, per N.J.S.A. 40:5-29 for the sole purpose stated above.

D. Supporting $4.3 Billion in FY 2007 Funding for the Community Development Block Grant Program

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WHEREAS, the Community Development Block Grant (CDBG) Program was enacted and signed into law by President Gerald Ford as the centerpiece of the Housing and Community Development Act of 1974; and

WHEREAS, the CDBG Program has as its primary objective “the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income”; and

WHEREAS, the CDBG Program has considerable flexibility to allow communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and

WHEREAS, throughout its 32-year history, the CDBG Program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low and moderate income families; and

WHEREAS, the President’s FY 2007 budget proposes to reduce CDBG formula grants by $1 billion or 25 percent.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Randolph that it hereby calls on the Congress to provide a FY 2007 funding level of no less than $4.35 billion in formula funding.

BE IT FURTHER RESOLVED that the Mayor and Council encourage all citizens to join together in expressing support for the Community Development Block Grant Program.

E. Transferring Randolph CARES Funds to MAC—$6,524.57

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WHEREAS, the Township Council created the Randolph CARES Committee; and

WHEREAS, said organization raised funds which remain in an account; and

WHEREAS, Randolph CARES is no longer active and the fund balance of $6,524.57 is available for reassignment.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Randolph CARES account shall be closed and the remaining balance shall be transferred to the MAC Committee for programming needs.

F. Authorizing an Award of Contract for the 2006 Freedom Festival Fireworks to be Held on July 1, 2006, Rain Date July 2, 2006

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WHEREAS, the Township of Randolph wishes to award a contract for the 2006 Freedom Festival Fireworks to be held on July 1, 2006; and

WHEREAS, bids have been advertised and received on April 19, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Garden State Fireworks, Millington, New Jersey, submitted the low bid for the 2006 Freedom Festival Fireworks at a total contract price of $11,100.00 with the right to purchase additional shells if funds allow.

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 Garden State Fireworks, Millington, New Jersey, for the 2006 Freedom Festival Fireworks at a total contract price of $11,100.00 with the right to purchase additional shells if funds allow.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 4, 2006

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2006 Budget, Celebration of Public Events, Other Expense, to award a contract to Garden State Fireworks for the 2006 Freedom Festival Fireworks in the amount of $11,100.00.

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Michael J. Soccio
Chief Financial Officer

G. Authorize Agreement—Irrevocable Letter of Direction Forwarding All Payments for MSP Construction to First Sealord Surety, Inc. (Water Main Extensions)

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WHEREAS, at their meeting of April 6, 2006, the Township of Randolph has awarded two contracts to MSP Construction Corporation, Newark, New Jersey, for water main extension contracts A & B; and

WHEREAS, First Sealord Surety, Inc., is providing the performance bond for the above contracts; and

WHEREAS, MSP Construction Corporation and First Sealord Surety, Inc., have requested the attached Irrevocable Letter of Direction be signed by Randolph Township enabling payment to be made to the order of MSP Construction Corporation and mailed to First Sealord Surety, Inc., c/o Exchequer, LLC, 33 Rock Hill Road, Bala Cynwyd, PA 19004.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Irrevocable Letter of Direction be signed by the Township of Randolph.

Deputy Mayor Obremski made a motion to approve Combined Action Iitem G. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Huston

ABSENT: Councilman Napoliello

Deputy Mayor Obremski made a motion to approve Combined Action Items A through F. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

COUNCIL AND MANAGER COMMENTS

Councilwoman Mitsch asked what the Commission of Investigation letter was about.

Manager Lovell responded that it was a case study of a series of school superintendents concerning their actual pay versus their reported pay. Randolph was not mentioned in the study.

Councilman Huston asked about the status of his request for something in writing allowing inspectors to gain access to a property for suspected violations to the stacking regulations.

Township Attorney Buzak stated that he is still working on that.

Mayor Algeier requested something be placed in the Randolph Quarterly Newsletter pertaining to the lake-friendly fertilizers required in Randolph. The Mayor asked whether there has been a resolution to the Tamari Court pump station problem.

Manager Lovell responded that there has not been any resolution and he will come back to the Council with his thoughts on the issue.

The Mayor stated that he had received complimentary remarks concerning our construction officials and asked the Manager to convey his thanks to those individuals.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that she will be out of the country for nearly four weeks.

ADJOURNMENT

The Mayor adjourned the meeting at 10:40 p.m.

Donna Marie Luciani
Acting Township Clerk