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 5, 2006

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Deputy 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 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:
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price (by telephone)
Deputy Mayor Obremski
Mayor Algeier (arrived 8:25 p.m.)

ABSENT:
Councilman Huston
Councilman Manning

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

Deputy Mayor Obremski led the Pledge of Allegiance.

APPROVAL OF MINUTES

(a) Regular Sessions 2006: March 30, April 6, April 20, April 27, May 4, May 25, June 1, June 29

(b) Executive Sessions 2006: March 30, April 6, April 20, May 25, June 29

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

AYES:
Councilwoman Mitsch (abstained for June 29 minutes)
Councilman Napoliello (abstained for May 4 minutes)
Councilwoman Price
Deputy Mayor Obremski

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning
Mayor Algeier

COUNCIL AND MANAGER REPORTS

Deputy Mayor Obremski noted that October is Traffic Safety Awareness Month and the “Slow Down Randolph” campaign is underway. He thanked the police department for their efforts and their patience in working with the Traffic Advisory Committee.

Councilman Napoliello stated that the Traffic Advisory Committee should accept thanks as well for their work.

Manager Lovell noted the passing Leopold Mishkin. Demolition on the Mishkin property has been completed. Public Works is getting things ready for the winter season and will have new storage sheds for their vehicles. The Board of Education will be using the public works yard for parking their bus fleet starting mid- to late October, and the Board will be installing a modified security gate as well as additional lighting. The Manager has been in contact with the Denville Administrator regarding concerns expressed over missing white lines on Openaki Road, and was assured the matter will be addressed with the Traffic Safety Bureau. There are on-going problems at the Skate Park which the Manager summarized for the Council. A letter will be sent to all active members informing them of new zero tolerance policy that will be in effect. The Manager has received several letters from a resident on Combs Hollow Road complaining of ATV use. The Manager informed the resident that if the ATV is being ridden on private property during hours not in conflict with the noise ordinance, there is relatively little that can be done.

OPEN TO PUBLIC

Nancie Ludwig, 14 Lookout Road, read a letter to the Council requesting the Resource Officer be reinstated at the Middle School and the hiring of several new police officers.

Judith Stewart, 114 Everdale Road, stated that the Community Services Committee is undertaking a project to establish a town-wide calendar.

Dan Lynn, Rolling Ridge Road, congratulated the Manager and Council on the excellent financial and bond rating Randolph received. He shares Mrs. Ludwig’s concerns about the resource officer and hiring additional police officers.

The Deputy Mayor closed the public portion of the meeting.

PUBLIC HEARING—SOIL MOVEMENT—FARKAS HOLDING CO.

Manager Lovell stated that the proposed soil movement resolution deals with the movement of 4,000 cubic yards of soil on Middlebury Boulevard and summarized the conditions of the resolution which the developer has agreed to.

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

Councilwoman Mitsch made a motion to approve the soil removal resolution. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning

Resolution—Authorizing Soil Movement—Farkas Holding

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WHEREAS, Farkas Holding Co., LLC (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit, involving the movement of soil on Block 18.02, Lot 10, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as Middlebury Boulevard in the Township of Randolph; and

WHEREAS, said application reflects the approximately four thousand (4,000) cubic yards of soil that will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for the Preliminary and Final Site Plan approval and certain “C” variances and to authorize a tree removal and tree protection permit, and a parking space design waiver relating to the Property; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on April 4, 2005, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Site Plan, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4(C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on October 5, 2006, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on October 5, 2006, provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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

1. The Township Council has reviewed the application and recommendations of the Planning and Township Engineer and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.

2. The Township Council hereby approves and grants soil movement permit application of Farkus Holding Co., LLC, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:

(a) The removal of soil on the Property shall be limited to a 60-day time period.

(b) Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., or dark, whichever comes first, Monday through Friday, excluding public holidays.

(c) Top soil shall be retained on the site and no top soil is to be removed from the site.

(d) Ingress or egress for vehicles involved in the soil movement activity will be only through Middlebury Boulevard.

(e) The Applicant shall insure that the vehicles used to remove soil shall follow Middlebury Boulevard to Canfield Avenue to Route 10 or Route 46.

(f) The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County, or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.

(g) The Applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.

(h) The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.

(i) A cash bond in the amount of ten thousand dollars ($10,000.00) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the Permit approved hereunder, to cover the repairs of any damage done to Middlebury Boulevard as a result of the soil movement operation.

(j) The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of April 4, 2005, as well as all ordinances including, but not limited to, Section 15-47, et seq.

(k) The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on April 4, 2005.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.

4. This Resolution shall take effect immediately.

POLICE DEPARTMENT—CHIEF KAZABA

Police Chief Dean Kazaba was invited to come before the Council to clarify several points and misunderstandings pertaining to police personnel and assignments. The chief covered topics such as resource officers at the schools, overtime salaries, restructuring of personnel including dispatch, the use of civilians in dispatch assignments, community policing, mandatory training for officers, training for dispatchers, possible upcoming retirements, the requirements for using special police officers, and shift assignments.

Manager Lovell asked for clarification in regards to the Chief’s request to hire one more officer, bringing the total force of sworn officers to 41. He stressed that special police officers are not normally used to undertake duties done by police officers, special police officers can not be hired in place of hiring regular police officers, and the use of two police officers during court sessions is mandated by the state.

Chief Kazaba stated that overtime salaries can be better managed by having more officers that can be used to backfill positions when officers are out.

Mayor Algeier questioned Chief Kazaba on his background and experience as a police officer and chief. He asked if the Chief was familiar with the Chief’s Responsibility Act where a police chief is responsible for providing assignments and prescribing the duties and assignments for all police personnel, such as resource officers in the schools, and those decisions are not made by the Town Council. He also asked the Chief to verify that, during budget discussions this past Spring, the Chief had initially asked for an outside study to be done of the police force, however before the Council voted on that issue, the Chief withdrew the request and reassigned certain officers at his discretion.

Chief Kazaba responded that he was familiar with the Chief’s Responsibility Act, he did withdraw his request for an outside study of the police department and conducted his own in-house evaluation, that he is satisfied with the work done, and he feels the police have performed an appropriate service for Randolph in regard to the adjustment of manpower.

Mayor Algeier asked if now, after the past several months, the Chief believes that Randolph would best be served by hiring an additional officer.

The Chief replied that he feels hiring one additional officer is warranted at this time.

Mayor Algeier asked the Chief if he was concerned about riots or gang-related activities at the schools. He also asked the Chief about the status at Obsessions Night Club since an incident occurred there about a year and a half ago.

Chief Kazaba responded that he doesn’t sense that rioting will be going on at the schools. Although the police are concerned with gangs, at this point they have not seen any infiltration school-wide of gang members. In regards to Obsessions, the Chief agreed with the Mayor that since the Council brought the owners up on charges, suspended their liquor license, which has subsequently been sold, and imposed conditions on the operation of their business, there has been no further trouble there.

Mayor Algeier asked the Manager how long it takes an entry level police officer to attain a medium level salary.

The Manager responded that it would take approximately six or seven years to reach a salary of $100,000.00, not including pension and health insurance, making police officers the most expensive public employee. The Manager provided a brief history of the SRO program in the schools and how it has been received by the Board of Education.

Councilman Napoliello asked how Randolph’s crime rate compares to surrounding towns.

Chief Kazaba summarized the various calls and cases the police routinely get. As for exact figures on the crime rate, he didn’t have an exact figure, but estimated Randolph was at or near the top in Morris County as far as work load and numbers.

Napoliello made a motion to approve the hiring of one more police recruit. Obremski seconded the motion.

The Manager stated that he wanted to start the hiring process at this time because the academies were going to be graduating candidates and the training process takes about six months, so the new recruits would not be totally effective until mid-year 2007.

Mayor Algeier wished to make it clear that the Council had addressed this issue in April or May of 2006, the Council acted on the Chief’s recommendations, and took a wait-and-see position to see how things worked out. If changes needed to be made, the Council would be open to further recommendations, but never tried to politically pressure the chief in any part of his job.

The following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #24-06—Appropriating $50,000.00 for Brundage Theater Improvement

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR IMPROVEMENTS TO THE BRUNDAGE PLAYHOUSE APPROPRIATING $50,000.00 FROM THE RECREATION DEDICATED TRUST FUND” be read by title on second reading and a hearing held thereon.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR IMPROVEMENTS TO THE BRUNDAGE PLAYHOUSE APPROPRIATING $50,000.00 FROM THE RECREATION DEDICATED TREST FUND” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning

B. Introduction

(1) Regulations Governing the Keeping of Horses

Manager Lovell summarized the new proposed ordinance.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-13.1, PERMITTED USES, OF THE LAND DEVELOPMENT ORDINANCE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH IN CONNECTION WITH KEEPING OF HORSES” 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 2nd of November 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:
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning

COMINED ACTION RESOLUTIONS

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

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

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning

A. Refunds/Adjustments Resolutions

(1) Refund Outside Tax Sale Certificate #1820 for Block 224, Lot 1—1174 Sussex Turnpike to American Tax Funding, LLC—$40,965.30

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WHEREAS, Tax Sale Certificate #1820 held by American Tax Funding, LLC, assessed to Randolph Town Center Assoc., Block 224, Lot 1, 1174 Sussex Turnpike; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $37,965.30 and premium in the amount of $3,000.00.

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 $40,965.30 to American Tax Funding, LLC, holder of Tax Sale Certificate #1820.

(2) Refund Outside Tax Sale Certificate #1848 for Block 110, Lot 29.04, to Wachovia—Cust/Sass Muni V DTR—$3,681.52

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WHEREAS, Outside Tax Sale Certificate #1848 held by Wachovia-Cust/Sass Muni V DTR, assessed to Ambrocio Adames, Block 110, Lot 29.04, 7 Morgan Court; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,681.52.

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 $3,681.52 to Wachovia-Cust/Sass Muni V DTR, holder of Tax Sale Certificate #1848.

(3) Refund Escrow Funds to Marty’s Reliable Cycles 2—$1,000.00

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WHEREAS, the Planning and Zoning Department received escrow funds from Marty’s Reliable Cycles 2 for Block 2, Lot 10; and

WHEREAS, the project has been inspected and closed out.

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 escrow fund in the amount of $1,000.00 be refunded to Marty’s Reliable Cycles 2, 1164 State Route 10, Randolph, NJ 07869, Attention: Scott Steward.

(4) Refund Art Classes for Two Children Due to Relocation to Mrs. Frey—$325.00

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WHEREAS, Mrs. Frey registered her two (2) children for art classes and paid the fee of $350.00 for two (2) children; and

WHEREAS, Mrs. Frey is requesting a refund because their two (2) children will not be attending the art class due to relocation out of Randolph.

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 $325.00 ($350.00 less $25.00 processing fee) be refunded to Mrs. Frey, 1406 Elfe Street, Daniel Island, South Carolina, 29492.

(5) Refund Art Class for One Child to Judy Larney—$150.00

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WHEREAS, Judy Larney registered her child for Art Class and paid the fee of $175.00; and

WHEREAS, Judy Larney’s child cannot attend Art Class due to conflicts and it is recommended that the fee be refunded.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $150.00 ($175.00 minus $25.00 processing fee) be refunded to Judy Larney, 19 Canterbury Court, Mendham, NJ 07945.

B. Approving Budget Amendment Appropriating Funds for 2006—Drunk Driving Enforcement Fund Grant—$12,466.31

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WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2006 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $12,466.31 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written
Consent of Director of Local Government Services—
Public and Private Revenue Off-Set with Appropriation:
State of New Jersey—Drunk Driving Enforcement Fund Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $12,466.31 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded From “CAPS”
Public and Private Programs Off-Set by Revenues:
State of New Jersey—Drunk Driving Enforcement Fund Grant

C. Approving Budget Amendment Appropriating Funds for 2006—Tobacco Age of Sale Grant—$1,080.00

R _____

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2006 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $1.080.00 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written
Consent of Director of Local Government Services—
Public and Private Revenue Off-Set with Appropriation:
State of New Jersey—Tobacco Age-Of-Sale Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $1,080.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded From “CAPS”
Public and Private Programs Off-Set by Revenues:
State of New Jersey—Tobacco Age-Of-Sale Grant

D. Approving Budget Amendment Appropriating Funds for 2006—Pandemic Influenza Preparedness Grant—$6,819.00

R _____

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2006 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $6,819.00 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written
Consent of Director of Local Government Services—
Public and Private Revenue Off-Set with Appropriation:
State of New Jersey—Department of Health and Senior Services—
Pandemic Influenza Preparedness Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $6,819.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded From “CAPS”
Public and Private Programs Off-Set by Revenues:
State of New Jersey—Department of Health and Senior Services—
Pandemic Influenza Preparedness Grant

E. Approving Budget Amendment Appropriating Funds for 2006—NJ DEP Clean Communities Grant—$25,301.77

R _____

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2006 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $25,301.77 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written
Consent of Director of Local Government Services—
Public and Private Revenue Off-Set with Appropriation:
State of New Jersey—Clean Communities Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $25,301.77 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded From “CAPS”
Public and Private Programs Off-Set by Revenues:
State of New Jersey—Clean Communities Grant

F. Approving Budget Amendment Appropriating Funds for 2006—Alcohol Education Enforcement Fund Grant—$1,120.09

R _____

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2006 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2006 in the sum of $1,120.09 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written
Consent of Director of Local Government Services—
Public and Private Revenue Off-Set with Appropriation:
State of New Jersey—Alcohol Education Enforcement Fund Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $1,120.09 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded From “CAPS”
Public and Private Programs Off-Set by Revenues:
State of New Jersey—Alcohol Education Enforcement Fund Grant

G. Authorizing Soil Movement—Farkas Holding

Acted on separately.

H. Authorizing an Award of Contractor for the Addition and Alteration to the Brundage Park Playhouse

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WHEREAS, the Township of Randolph wishes to award a contract for the addition and alteration to the Brundage Park Playhouse; and

WHEREAS, bids have been advertised and received on September 7, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, four (4) bids were received and reviewed by Fox Architectural Design PC, and has determined that Oradell Construction Co., Inc., is the low bidder meeting all the specifications at a contract price of $188,900.00; and

WHEREAS, an alternate bid was presented regarding the relocation of existing underground power line. Based on site conditions and exact location of existing power line, if line does not need to be relocated there will be a deduction of $2,000.00; and

WHEREAS, alternate #2 was presented for eliminating Door #7 at a deduction of $1,100.00. John Van Brunt recommends keeping this door and a change can be made at a later date; and

WHEREAS, the Township recommends the award of bid to Oradell Construction Co., Inc., at a total contract price of $188,900.00, with alternates to be determined at a later date as work begins.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Oradell Construction Co., Inc., Roseland, New Jersey, at a total contract price of $188,900.00 with alternates to be determined during construction.

I. Authorizing an Award of MCCPC Contract for Purchase of Model Year 2007 Vehicles on an As-Needed Basis

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WHEREAS, the Township of Randolph authorizes an award of four (4) contracts (28 categories) on behalf of the Morris County Cooperative Pricing Council (MCCPC); and

WHEREAS, bids have been advertised and received on September 14, 2006, on behalf of the MCCPC in accordance with the “Local Public Contracts Law” for the following contracts:

Contract #15-A: Police Pursuit Vehicles (4 Categories)
Contract #15-B: Administrative Passenger Vehicles (7 Categories)
Contract #15-C: Utility Vehicles (12 Categories)
Contract #15-D: Dump Bodies (5 Categories)

WHEREAS, the Township of Randolph has determined that the vendors on the attached recommendation sheets dated October 3, 2006, are the lowest responsible bidders meeting the specifications for each contract and should be awarded as noted.

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

DISCUSSION

(a) Pension Late Fees—Council Memo #36-06

Manager Lovell provided a brief history of the pension fund in the State of New Jersey and noted that there were several surprises over the last two weeks, one being that there will be a penalty assessed on the portion of the pensions being assessed this year that are deferred. There has been a suggestion by one of the Morris County Freeholders to allow towns and counties to borrow money at two or three percent interest and pay the entire amount as opposed to deferring it, however this would require a new state statute to create that new type of financing. The Manager estimates that Randolph will be paying approximately $20,000.00 more on pensions next year to pay for the penalty charge. The Manager suggested perhaps protesting to the state by resolution.

Mayor Algeier stated that the Freeholders should know that Randolph supports their goal and asked the Manager to write such a letter.

COUNCIL COMMENTS

Deputy Mayor Obremski stated that there was an application from Mr. Kennedy requesting to be placed on the Traffic Advisory Committee, however there are no vacancies on that committee at this time. He will contact Mr. Kennedy to see if he would be interested in serving on either the Parks Committee or the Open Space Committee.

Councilman Napoliello nominated Lisa Wagner to serve as a member of the Economic Development Committee.

Hearing no further nominations, the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, requested clarification on the last action taken by the Council.

Mayor Algeier responded that they just appointed someone as a member of the Economic Development Committee.

Manager Lovell suggested canceling the October 19 meeting because there wasn’t much on the agenda.

Councilman Napoliello made a motion to cancel the October 19, 2006, Town Council Meeting. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Huston
Councilman Manning

ADJOURNMENT

Mayor Algeier adjourned the meeting at 9:35 p.m.

Donna Marie Luciani
Township Clerk