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: October 2, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Obremski. 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 5, 2007, by emailing them the annual resolution adopted by the Council on January 4, 2007. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, and in the Randolph Reporter on January 11, 2007.

PRESENT:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilman Napoliello
Deputy Mayor Mitsch
Mayor Obremski

ABSENT: Councilwoman Price

Also present: Township Manager John Lovell and Tiena Cofoni from the Office of Edward J. Buzak, Township Attorney

Mayor Obremski led the Pledge of Allegiance.

APPROVAL OF MINUTES OF SEPTEMBER 6, 2007

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

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

NAYS: None

ABSENT: Councilwoman Price

OPEN TO PUBLIC

Adam Zyto, 18 Alpine Drive, asked about Randolph’s legal bills and the process by which they are paid.

Manager Lovell explained the Professional Services Agreement in place with the Township Attorney, noting that the retainer includes most of the services performed by the attorney, including litigation. The attorney receives 1/12 of his annual retainer each month plus associated costs for photo copying, federal express, etc.

Mr. Zyto asked if all of the legal work done by the township attorney regarding the pool petitions has been covered in the retainer agreement.

Manager Lovell responded that it was.

Hearing no one else from the public, the public portion was closed.

COUNCIL AND MANAGER REPORTS

Manager Lovell noted that he would like to hold a meeting for the facilities committee and suggested October 18 at 6:30. The Manager also noted that, as a result of the architect presentations on September 27, his office was starting to receive cost estimates which he will share with the council. He will be seeking guidance from the Council on the direction they wish to take for all three projects.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #29-07: Amending Chapter 2—Administration—Emergency Management Coordinator

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 2-323(b) OF CHAPTER 2, ADMINISTRATION, DIVISION 10, DEPARTMENT OF POLICE AND EMERGENCY MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance deals with the position of the Emergency Management Coordinator and modifies language to follow state planning which creates greater flexibility.

The Mayor opened the meeting to the public.

Lee Whilden, 82 Radtke Road, asked if this position will be coordinated with the county.

Manager Lovell responded that nothing will change from the perspective of first responders except that Ray Stromberg is now the coordinator.

Hearing no further comments, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 2-323(b) OF CHAPTER 2, ADMINISTRATION, DIVISION 10, DEPARTMENT OF POLICEAND EMERGENCY MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Algeier made a motion to adopt the ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

B. Introduction

(1) Repealing Ordinances #22-73 and #36-74—Security Funds Escrow/Emergency Repair

Manager Lovell noted that these ordinances required apartment complexes to set aside security funds in an escrow account held by the township. These funds have never been utilized, at least in recent memory, and the Manager had suggested either eliminating these ordinances or bringing them to a modern standard. This ordinance will repeal the ordinances on the books and Randolph will return the funds to the appropriate parties.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REPEALING ORDINANCE NOS. 22-73 AND 36-74 OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY AND AUTHORIZING THE REFUND OF SECURITY FUNDS COLLECTED AND HELD IN ESCROW BY THE TOWNSHIP OF RANDOLPH” be introduced and 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 1st of November, 2007, at 8:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

Deputy Mayor Mitsch made a motion to introduce the ordinance. Councilman Metz seconded the motion.

Councilman Algeier cautioned the Manager to take steps to ensure the funds are returned to the appropriate parties.

Manager Lovell responded that he will be seeking an appropriate form of release from the Township Attorney.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

COMBINED ACTION RESOLUTION

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

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

NAYS: None

ABSENT: Councilwoman Price

A. Refunds/Adjustments Resolutions

(1) Refund Registration for Rompers Program to Shanen Spacco—$205.00

R-253-07

WHEREAS, Shanen Spacco registered her child for the Rompers Program and paid the fee of $230.00 for the first month of tuition; and

WHEREAS, her child will not be attending the Romper program due to the family moving out of the township.

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 $205.00 (less the processing fee of $25.00) be refunded to Shanen Spacco, 326 Waterford Terrace, Easton, PA 18042.

(2) Refund Registration for Day Camp to Carolyn Arroyave—$400.00

R-254-07

WHEREAS, Carolyn Arroyave registered their children for Day Camp and paid the fee of $400.00 for a deposit; and

WHEREAS, the fee was then paid for by Child and Family Services.

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 $400.00 be refunded to Carolyn Arroyave, 312 Quaker Church Road, Apt. G-19, Randolph, NJ 07869.

(3) Refund Escrow Fee for 11 Arnold Drive to Lisa and Donald Shauger—$415.00

R-255-07

WHEREAS, the Planning and Zoning Department received escrow funds from Lisa Shauger for Block 201, Lot 28.32, 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, the remaining escrow funds in the amount of $415.50 be refunded to Lisa & Donald Shauger, 11 Arnold Drive, Randolph, NJ 07869.

(4) Refund Escrow Fees for 29 Valley Road to Simon Leopold—$757.00

R-256-07

WHEREAS, the Planning and Zoning Department received escrow funds from Simon Leopold for Block 97, Lot 30.04, 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 $757.00 be refunded to Simon Leopold, 29 Valley Road, Randolph, NJ 07869.

(5) Refund Escrow Fees for 137 Selma Boulevard to Rhys Williams—$784.00

R-257-07

WHEREAS, the Planning and Zoning Department received escrow fees from Rhys Williams for Block 11, Lot 1 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 784.00 be refunded to Rhys Williams, 137 Selma Blvd., Randolph, NJ 07869.

(6) Refund Escrow Fees for 7 Dolly Bridge Road to Dr. Raghu Varma—$757.00

R-258-07

WHEREAS, the Planning and Zoning Department received escrow funds from Dr. Raghu Varma for Block 93.02, Lot 3 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 $757.00 be refunded to Dr. Raghu Varma, 7 Dolly Bridge Rd., Randolph, NJ 07869.

(7) Refund Escrow Fees for 7 Hurd Street, Block 92, Lot 13, to Mario Matute—$654.25

R-259-07

WHEREAS, the Planning and Zoning Department received escrow funds from Mario Matute for Block 92, Lot 13, in the amount of $2,500.00; 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 $1,845.75 be refunded to Mario Matute, 7 Hurd St., Mine Hill, NJ 07803.

(8) Refund Escrow Fees for Block 103, Lot 2, to Tri-Co Federal Credit Union—$951.25

R-260-07

WHEREAS, the Planning and Zoning Department received escrow funds from Tri-Co Federal Credit Union for Block 103, Lot 2, in the amount of $5,000.00; 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 $951.25 be refunded to Tri-Co Federal Credit Union, 1240 Sussex Turnpike, Randolph, NJ 07869.

(9) Release Tree Bond for 7 Champlain Court, Block 42.08, Lot 8, to Brian Adams—$800.00

R-261-07

WHEREAS, the Planning and Zoning Department received a tree bond posted by Brian Adams for Block 42.08, Lot 8, in the amount of $800.00; and

WHEREAS, all of the requirements have been met and completed.

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 tree bond in the amount of $800.00 be refunded to Brian Adams, 7 Champlain Ct., Randolph, NJ 07869.

(10) Release Tree Bond for 20 Foxwood Lane, Block 168, Lot 19, to Peter Kazella—$400.00

R-262-07

WHEREAS, the Planning and Zoning Department received a tree bond posted by Peter Kazella for Block 168, Lot 19, in the amount of $400.00; and

WHEREAS, all the requirements have been met and completed.

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 tree bond in the amount of $400.00 be refunded to Peter Kazella, 20 Foxwood Lane, Randolph, NJ 07869.

(11) Refund Summer Day Camp Program to Susan Matos—$1,443.75

R-263-07

WHEREAS, the PTA Council scholarshipped three (3) children in the same family to attend the Randolph Township Summer Day Camp Program and paid a fee of $1443.75; and

WHEREAS, the fee was then paid for by Child and Family Services.

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 $1443.75 be refunded to the PTA Council to the attention of Susan Matos, 6 Farragut Road, Randolph, NJ 07869.

B. Award Contract for the Purchase of Heavy Duty Crane Utility Body With Hydraulic Liftgate & Accessories—2007 Stahl Model

R-264-07

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a heavy-duty crane utility body with hydraulic liftgate and accessories; and

WHEREAS, bids were received on September 13, 2007, in accordance with the Local Public Contracts Law; and

WHEREAS, Cliffside Body Corp., Fairview, New Jersey, was the low bidder meeting all the specifications at a total contract price of $29,930.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Cliffside Body Corp., Fairview, New Jersey, at a total contract price of $29,920.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 2, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #15-07, Various Capital Improvements, to award a contract to Cliffside Auto Body Corp., for the purchase of a heavy-duty crane utility body with hydraulic liftgate and accessories in the amount of $29,920.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Award a Contract to Purchase One 2007 Model Dual Drum Vibratory Asphalt Roller Hydrostatic Drive From Seely Equipment and Supply—$32,785.00

R-265-07

WHEREAS, the Township of Randolph wishes to award a contract to purchase one 2007 Model Dual Drum Vibratory Asphalt Roller Hydrostatic Drive, 2.6 Ton Minimum; and

WHEREAS, bids have been advertised and received on August 16, 2007, in accordance with the Local Public Contracts Law; and

WHEREAS, the low bidder and second low bidder took major exceptions making the lowest responsive/responsible bidder Seely Equipment and Supply Co., Farmingdale, New Jersey, at a total cost of $32,785.00.

NOW, THEREFORE BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Seely Equipment and Supply Co., Farmingdale, New Jersey, at a total contract price of $32,785.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 2, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #15-07, Various Capital Improvements, to award a contract to Seely Equipment and Supply Co. for the purchase of a 2007 Model Dual Drum Vibratory Asphalt Roller Hydrostatic Drive, 2.6 Ton Minimum in the amount of $32,785.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Award Change Order to a Contract for the Water Main Extension “Contract A”

R-266-07

WHEREAS, a contract was awarded to MSP Construction Corp., for the water main extension “Contract A”; and

WHEREAS, “as-built” quantities deviated from the contract quantities; and

WHEREAS, the contract and amendments are presented below:

Original Contract: $295,084.88
Change Order #1: $3,147.60
New Contract Total: $298,232.48

WHEREAS, there are sufficient funds to cover this change order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that change order #1 in the amount of $3,147.60 is hereby approved.

E. Award Change Order to a Contract for Water Main Extension Contract “B”

R-267-07

WHEREAS, a contract was awarded to MSP Construction Corp., for the water main extension “Contract B”; and

WHEREAS, Change Order #1 was due to the discovery of an abandoned storm drain that was in conflict with the main location as designed. The contractor had to relocate the main and perform additional sidewalk repairs; and

WHEREAS, Change order #2 reflects “as-built” quantities which deviated from the contract quantities; and

WHEREAS, the contract and amendments are presented below:

Original Contract: $308,579.14
Change Order #1: $7,319.04
Change Order #2: $5,715.00
New Contract Total: $321,613.18

WHEREAS, there are sufficient funds to cover this change order.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that change order #1 in the amount of $7,319.04 and Change Order #2 in the amount of $5,715.00 are hereby approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 2, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #39-05, Water Extensions, to award the change orders to Contract A in the amount of $3,147.60 and Contract B in the amount of $13,034.04 with MSP Construction Corp.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Raffles

(1) Off-Premise 50/50 Tricky Tray, Randolph High School Boys Soccer Booster Club, December 3, 2007, 6:00 p.m. to 10:00 p.m. at the Meadow Wood Manor, Route 10 East, Randolph

(2) Social Affair Permit, St. Andrew’s Greek Orthodox Church, Ethnic Festival, October 19, 2007, from 12:00 p.m. to 11:00 p.m.; October 20, 2007 from 12:00 p.m. to 11:00 p.m.; October 21, 2007 from 12:00 p.m. to 8:00 p.m., 1447 Sussex Turnpike, Randolph, NJ

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, commented that the three architect presentations at the last meeting contained a lot of information to take in and perhaps could have been staggered at different meetings, especially since tonight’s meeting is so short.

Manager Lovell responded that when the architects presented their proposals to him, they were short, however they expanded those presentations for the council. He agrees that the presentations were too long.

Lee Whilden, 82 Radtke Road, agreed that there was a lot of information to take in and would have liked to have had the opportunity to ask questions.

Hearing no further comments, the public portion was closed.

COUNCIL COMMENTS

Councilman Algeier noted that there were resolutions purchasing some new equipment, and he suggested the council initiate a policy whereby the Manager would indicate to the council that his office has either looked at the possibility of a shared service or shared purchase that would minimize the cost while fulfilling Randolph’s needs.

Manager Lovell stated that he would have no problem working within such a policy.

Councilman Algeier asked the Manager for a report on the property maintenance ordinance that was adopted several years ago for rental properties, specifically looking for information on how often it has been used, how often warnings have been issued, how many summonses have been issued, etc.

Councilman Napoliello expressed concern over the lack of a dedicated use for the VFW hall since the Council will be considering renovations to that site.

Manager Lovell responded that he and the staff have been discussing that issue. As it stands now, the VFW is not in good repair and it does not meet standards for handicapped access. Businesses would be unlikely to lease a building in its current condition, however if there were renovations made that would make the building more attractive and bring it up to code, then perhaps businesses would take an interest in a lease agreement.

Deputy Mayor Mitsch suggested that, since the library is short on space for some of their functions, perhaps some of their programs, as well as some Parks and Recreation programs, could be relocated to the VFW.

Manager Lovell responded that he has been discussing options with his staff, but he will be looking to the council for guidance and direction in the next few weeks.

Councilman Napoliello asked why the Chabbad was not fined by the court after they were found guilty of parking violations on six separate occasions.

Manager Lovell responded that he will get an answer to the Councilman’s inquiry.

Councilman Metz asked if leaf collection will be done the same way this year as last year.

Manager Lovell responded that leaf collection will remain the same and his staff is going through the process of public notifications to residents and landscapers. He noted that last year the Public Works department picked up fewer tonnage of leaves.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

The Mayor adjourned the meeting at 8:35 p.m.

Donna Marie Luciani
Township Clerk