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: September 7, 2006

A regular meeting of the Randolph Township Council was called to order at 8:04 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 Napoliello
Councilwoman Price
Deputy Mayor Obremski
Mayor Algeier

ABSENT:
Councilman Manning
Councilwoman Mitsch

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

Mayor Algeier led the Pledge of Allegiance.

PROCLAMATIONS

Mayor Algeier introduced Dr. Marcie Arlinsky who provided the Council with a brief background of Kids Day America.

(1) Kids Day International

WHEREAS, the health and well-being of children is our responsibility; and

WHEREAS, the safety of our children is a significant concern for parents, community leaders, and health care givers; and

WHEREAS, environmental welfare is of universal concern and deserves the utmost attention; and

WHEREAS, if started in childhood, proper health, safety and environmental habits can be maintained for a lifetime, producing a valued member of society and enhancing our community.

NOW, THEREFORE, I, Gary C. Algeier, Mayor of Randolph Township 2006, do hereby proclaim the 16th of September, 2006, as “Kids Day America” in Randolph and urge that this day be dedicated to the efforts of doctors of chiropractic in helping educate all citizens on the importance of health, safety and environmental issues affecting our community.

(2) Randolph Kiwanis Club 35th Anniversary

Mayor Algeier presented a summary of the mission of the Kiwanis Club and introduced various members of the Randolph Kiwanis Club present at the meeting.

WHEREAS, for 35 years the Randolph Kiwanis Club has exemplified the highest ideals of volunteer service to our community in Randolph, New Jersey; and

WHEREAS, the Randolph Kiwanis Club is part of a global organization of volunteers, Kiwanis International, which is dedicated to changing the world one child and one community at a time. The Randolph Kiwanis Club carries out a special emphasis on meeting the needs of children under Kiwanis International’s banner of “Serving the Children of the World”; and

WHEREAS, the Randolph Kiwanis Club also sponsors outstanding service clubs in the Randolph Township schools and plays a special role in developing future generations of leaders. The Key Club in our High School, the Builders Club in our Middle School, and the K-Kids Clubs in each of our four elementary schools are all Kiwanis organizations that teach community service and leadership skills to our youth; and

WHEREAS, Kiwanis International has consistently recognized the Randolph Kiwanis Club as a “Distinguished Kiwanis Club” among more than 8,400 Kiwanis clubs in 96 nations and geographic areas; and

WHEREAS, through its charitable and benevolent efforts, the Randolph Kiwanis Club truly is “Serving the Children of the World.” The Randolph Kiwanis Club has changed and touched the lives of our residents in Randolph in a very special way, and it is fitting that the Club be honored on its 35th anniversary which will be celebrated in Randolph on September 15, 2006.

THEREFORE, BE IT RESOLVED that the members of the Randolph Township Council join with the residents of Randolph in honoring the Randolph Kiwanis Club on its 35th anniversary for its exceptional and exemplary record of volunteer service to our community and world. We offer our heartfelt gratitude to the Randolph Kiwanis Club for its continuing efforts to improve the quality of life in Randolph and to help people in need, especially children in our community and throughout the world.

COUNCIL AND MANAGER REPORTS

Councilman Huston asked about the status of the billboard situation along Route 10.

Manager Lovell responded that requests for bid proposals will be sent this month, however there will likely be only one bidder. A minimum bid will be established.

Councilman Huston expressed his belief that, unless the revenue from the billboards is substantial for the town, he would prefer to see the billboards removed. The Councilman reported and summarized a mid-term budget meeting where strategies for keeping the budget in check for 2007 were discussed. However, he expressed concern that Randolph is an expensive town to run and there were no blockbuster ideas expressed at the meeting.

Councilwoman Price reported that the Parade Committee has obtained a dvd from the local community programming station and suggested the Council view it, perhaps a few minutes before a future meeting.

Councilman Napoliello stated that Councilman Huston reported on the mid-term budget meeting accurately, however he feels more optimistic about the 2007 budget.

Mayor Algeier noted that, in regard to the budget discussions, recycling was state mandated. He also suggested a possible landscaping contract be awarded as smaller pieces, not one large scale landscaper. Regarding Councilman Huston’s comments on the billboard issue, he would prefer to wait to see what the bids are before deciding whether or not to keep the billboards.

Manager Lovell expressed appreciation for the comments regarding the budget. It is his belief that Randolph would not achieve much in the way of savings by joining with another town because Randolph is run efficiently, although possibly merging services through Morris County would bring about reduced liability for Randolph. He discussed the possibility of having the private sector bid against some in-house groups, such as building maintenance or fleet maintenance. The Manager discussed a homeland security meeting he attended with Mayor Algeier and noted that Randolph is in the forefront for emergency preparedness in the state. There will be a candlelight service on September 11 at the Morris County September 11 Memorial.

Councilman Huston asked if any lessons were taken away from the Hurricane Katrina disaster and how it was handled by local government.

Manager Lovell responded that, although Randolph is not prepared for a disaster of that magnitude, we do have practices in place that will come into play should an epidemic outbreak occur where medication needs to be distributed to the town.

Mayor Algeier reiterated the fact that Randolph is leading the way in terms of organization, preparedness, and exercises that have already been run.

OPEN TO PUBLIC

Julie Hooper, 71 Everdale Road, asked if anyone on the Council knew what was being filmed at a residence on Pierson Hill Road.

Mayor Algeier responded that they know filming was being done, however they don’t know what was being filmed. No permits are needed to film on private property.

Mrs. Tyroler, 42 Shongum Road, reported that Openaki Road was recently repaved by Denville and has been considerably narrowed in the process, making it quite hazardous. She contacted the Denville police, who said they would look into the situation, but has heard nothing further from them. She asked the Council if they could look into this matter or have the police look into it.

Mayor Algeier responded that he would contact Denville and see what could be done.

William Pecararo, 115 South Road, expressed concern that neither he nor his neighbors received adequate communication from the town regarding a new water line being installed in his neighborhood and requested a letter documenting all the necessary requirements for hooking up to the water line be sent to the affected homeowners.

Judith Stewart, 114 Everdale Road, thanked the Kiwanis Club for all the work they do for Randolph.

COMBINED ACTION ITEMS

Councilman Huston requested Item J be pulled from the agenda.

Manager Lovell noted that Item E would also be pulled from the agenda.

Councilman Huston made a motion to approve the Consent Agenda Items with the exception of Items E and J. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

A. Refund/Adjustment Resolutions

(1) Release of Road Opening Cash Bond for Block 86, Lot 77—143 Morris Turnpike, to Frank Donofrio—$300.00

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WHEREAS, on June 16, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of installing water service for 143 Morris Turnpike, Block 86, Lot 77; and

WHEREAS, the road opening has been repaired, inspected, and found to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Frank Donofrio, 143 Morris Turnpike, Randolph, NJ 07869.

(2) Refund Duplicate Payment for Septic Permit and Septic Operator’s License for Block 18, Lot 1.04, to Aspen Suburban Realty, LLC—$550.00

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WHEREAS, on July 24, 2006, the Health Department received funds for a septic permit and septic operator’s license from Speicher Excavating for an incorrect block and lot, Block 18.01, Lot 1.04, in the amount of $550.00; and

WHEREAS, this fee had already been paid by the owner, Aspen Suburban, on October 20, 2005, under the correct block and lot, Block 18, Lot 1.04, and, therefore, this was a duplicate payment.

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 that $550.00 be refunded to Aspen Suburban Realty, LLC, 333 Route 46 West, 2nd Floor, Mountain Lakes, NJ 07046.

(3) Refund Road Opening Cash Bond for 18 Shongum Road to Mrs. Mark Callinan—$300.00

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WHEREAS, on June 23, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of installing a new driveway for 18 Shongum Road, Block 119.02 and Lot 19; and

WHEREAS, the road opening has been repaired, inspected and found to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Mrs. Mark Callinan of 18 Shongum Road, Randolph, NJ 07869.

(4) Refund Overpayment of 2006 Taxes for 2 Jason Lane to Etna Castano—$1,891.85

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WHEREAS, Etna Castano has overpaid 2006 taxes in error in the amount of $1,891.85 on Block 101, Lot 26, 2 Jason Lane; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $1,891.85 to Etna Castano.

(5) Release Cash Maintenance Guarantee for Sewer System for South Salem Street to Baker Residential, LP—$11,284.90

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WHEREAS, Engineering has received a request from Karen Wicklund of Baker Residential, LP, for the release of the maintenance guarantee for the sewer system constructed at Block 184, Lot 1, South Salem Street; and

WHEREAS, the maintenance guarantee consisted of a cash bond in the amount of $11,284.90 which was retained from the original cash bond of $13,541.88; and

WHEREAS, the Developer was required to post a maintenance guarantee in the amount of $11,284.90 for a period of two years following the completion of the sewer system. The sewer system was completed in December 2003 and the maintenance period has expired.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the cash maintenance guarantee of $11,284.90 be released as recommended by the Township Engineer to Baker Residential, LP, 120 American Road, Morris Plain, NJ 07950.

(6) Refund Registration for Junior American Legion to Michael Suk—$325.00

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WHEREAS, Michael Suk registered his child for Junior American Legion and paid the fee of $325.00; and

WHEREAS, Mr. Suk should not have registered his child for Junior American Legion due to non-resident ineligibility and it is recommended that the registration 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 $325.00 be refunded to Michael Suk, 5 Ax Handle Road, Columbia, NJ 07832.

(7) Release Road Opening Bond for 15 Oak Drive to Denise Behrmann—$300.00

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WHEREAS, on June 7, 2005, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of installing a new driveway for 15 Oak Drive, Block 173, Lot 4; and

WHEREAS, the road opening has been repaired, inspected and found to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Ms. Denise Behrmann of 15 Oak Drive, Randolph, NJ 07869.

(8) Release Road Opening Bond for 47 South Road to Gabriel Gonzalez—$300.00

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WHEREAS, on December 8, 2005, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of installing a new driveway for 47 South Road, Block 38.02, Lot 17.01; and

WHEREAS, the road opening has been repaired, inspected and found to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Gabriel Gonzalez of 47 South Road, Randolph, NJ 07869.

(9) Release Road Opening Bond for 94 Old Brookside Road to Don Godfrey—$250.00

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WHEREAS, on June 30, 2005, Engineering received and deposited with the Finance Department a check in the amount of $250.00 covering a road opening cash bond for the purpose of installing a new driveway for 94 Old Brookside Road, Block 93, Lot 43; and

WHEREAS, the road opening has been repaired, inspected and found to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Carl J. Bressan, Township Engineer, that the cash bond in the amount of $250.00 be refunded to Don Godfrey of 94 Old Brookside Road, Randolph, NJ 07869.

(10) Transfer of Escrow Funds for Forfeiture of Tree Bonds to Tree Bank Account—$47,000.00

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WHEREAS, the Finance Department received escrow funds for Tree Bonds; and

WHEREAS, the Planning Department has advised that the list below of Forfeiture Tree Bonds can be transferred to the Tree Bank Account.

YEARDATE
RECEIVED
ACCOUNT
TITLE
TRANSF. TO
TREE BANK
200301/16/03SJC Builders$600.00
 04/07/03SJC Builders$2,000.00
 05/19/03SJC Builders$200.00
 06/19/03A+ Hardwood Flooring$800.00
 07/22/03SJC Builders$1,400.00
 09/18/03Robert Hodge$200.00
 10/23/03Thiano Stauros$1,000.00
 11/18/03SJC Builders #16805$10,000.00
200401/02/04Ausza Canalesky$2,400.00
 03/03/04SJC Builders$600.00
 03/26/04Karaces$800.00
 04/14/04SJC Builders #16806$5,200.00
 04/27/04Washington Builders$2,400.00
 06/11/04Eric & Ellen Levett$600.00
 06/17/04SJC Builders #16807$8,400.00
 07/22/04SJC Builders$9,600.00
 08/05/04A. Narcise$400.00
  TOTAL$47,000.00

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey that the list of Tree Bonds be transferred to the Tree Bank Account.

(11) Release of Performance Guarantee for Public Improvements to Pleasant Ridge Estates, Section V, Block 103, Lots 28.07 Through 28.16—$9,820.00

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WHEREAS, the Township Engineer has received a request from Mr. Bernard Elbaum for the release of the performance guarantee for the public improvements at Block 103, Lots 28.07 through 28.16, Pleasant Ridge Estates, Section V; and

WHEREAS, the performance guarantee consisted of a cash bond in the amount of $9,820.00 which was received and deposited with the Finance Department on July 16, 2001, and a Letter of Credit No. 01-02 in the amount of $83,528.28 which was filed with the Township Clerk’s office; and

WHEREAS, the Developer has now posted a Letter of Credit, No. 06-01, in the amount of $30,221.40 to serve as the maintenance guarantee for the project.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that the Letter of Credit No. 06-01 in the amount of $30,221.40 be accepted as the maintenance guarantee, and the original cash portion of the performance guarantee in the amount of $9,280.00 be released, as recommended by the Township Engineer, to Mr. Bernard Elbaum, P.O. Box 374, Mt. Freedom, NJ 07970.

(12) Release Road Opening Bond for 51 Longview Avenue to Kenneth Freundlich

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WHEREAS, on June 20, 2006, Engineering received and deposited with the Finance Department a check in the amount of $300.00 covering a road opening cash bond for the purpose of installing water service for 51 Longview Avenue, Block 82, Lot 52.10; and

WHEREAS, the road opening has been repaired, inspected and found to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Carl J. Bressan, Township Engineer, that the cash bond in the amount of $300.00 be refunded to Dr. Kenneth Freundlich, 51 Longview Avenue, Randolph, NJ 07869.

B. Authorizing Award of MCCPC Contract (Welding Supplies) to AGL Welding Supply (September 1, 2006 - June 30, 2007)

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WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes an award of Contract #44 (Welding Supplies) for contract period (September 1, 2006 - June 30, 2007); and

WHEREAS, bids have been advertised and received on August 10, 2006, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council has determined that AGL Welding Supply of Clifton, New Jersey, be awarded the contract for providing the overall low bid for the entire contract.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to AGL Welding Supply of Clifton, New Jersey, for contract period (September 1, 2006 to June 30, 2007).

C. Authorizing the Rescission of a Portion of MCCPC Contract #20-B (Sporting Goods) from Georgi Sports for Non-Compliance with Bid Specifications

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council awarded a portion of Contract #20-B (Sporting Goods) on June 29, 2006, to Georgi Sports of Lancaster, Pennsylvania for Item #9 (Lacrosse Defense Stick Handles @ $14.50/each) under Category D (Lacrosse Equipment); and

WHEREAS, Georgi Sports has notified the MCCPC that they will not execute the contract due to their loss of contract with their supplier and their inability to hold the contract price for the duration of the contract period (July 1, 2006 to June 30, 2007); and

WHEREAS, it is in the public interest to rescind Georgi Sport’s Contract #20-B (Sporting Goods) for being non-compliant to the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the entire Contract #20-B (Sporting Goods) for Item #9 (Lacrosse Defense Stick Handles) of Category D (Lacrosse Equipment) be rescinded from Georgi Sports of Lancaster, Pennsylvania.

D. Authorizing Interlocal Services Agreement with Board of Education Bus Fleet Operations—DPW Yard

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WHEREAS, the Township of Randolph (“Township”) and the Board of Education of the Township of Randolph (“Board”) have worked in cooperative spirit to meet the short and long term needs of the Township of Randolph; and

WHEREAS, the Township of Randolph School District requires facilities in support of its school bus fleet operations; and

WHEREAS, a proposal to develop a new school bus parking lot at the central school campus on Millbrook Avenue was determined to be viable, but undesirable alternative for locating this use; and

WHEREAS, the Township’s Department of Public Works Central Maintenance, Storage and Recycling Center on Sussex Turnpike is considered a more desirable location for meeting the Board’s bus fleet needs; and

WHEREAS, N.J.S.A. 40:8A-1 et seq., authorizes and encourages a municipality and a board of education to enter into contracts for the joint provision within their jurisdictions of any service which either party to the Agreement is empowered to render within its own jurisdiction; and

WHEREAS, Township and the Board desire to enter into an Interlocal Services Agreement allowing the Board to utilize a portion of the Public Works Central Maintenance, Storage and Recycling Center on Sussex Turnpike for the storage of the Board’s school bus fleet and driver parking and setting forth the associated terms and conditions.

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 general terms and conditions of the Interlocal Services Agreement by and between the Township of Randolph and the Board of Education of the Township of Randolph, dated September 7, 2006, granting permission for the Board to utilize a portion of the Public Works Central Maintenance, Storage and Recycling Center on Sussex Turnpike for the storage of the Board’s school bus fleet and driver parking are hereby approved.

2. The Township hereby authorizes and approves any non-substantive modifications to the Interlocal Services Agreement as may be recommended and approved by the Township Manager prior to execution.

3. The proper Township officials, its Attorney and Manager are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

4. This Resolution shall take effect immediately.

E. Authorize Sale of Pump House Property—Block 112.01, Lot 52, and Vacation of Water Easement

Item was pulled from the agenda.

F. Refund Escrow Fee Funds for Police Detail to St. Andrews Greek Orthodox Church—$90.00

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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 refuned:

St. Andrews Greek Church: $90.00

G. Award of Contract for Acquisition of Custom Fire Apparatus, Replacement of Vehicle #32-22—$383,896.00

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WHEREAS, on August 10, 2006, the Township of Randolph advertised for sealed bids for the acquisition of a Custom Fire Apparatus, replacement of Vehicle #32-22; and

WHEREAS, eight bid packages were mailed and two bids were received in accordance with the specifications; and

WHEREAS, the Fire Chief has reviewed the bid documents and recommends a contract be awarded to the lowest bidder, Elite Fire Apparatus, Tilleda, Wisconsin.

NOW, THEREFORE, BE IT RESOLVED the contract shall be awarded to Elite Fire Apparatus, Tilleda, Wisconsin, in the total contract amount of $391,896.00 minus the trade in of $8,000.00 for a total of $383,896.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 7, 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 Ordinance #12-06 and Fire, Other Expenses, to award a contract to Elite Fire Apparatus for the purchase of a 2006 Custom Fire Apparatus in the amount not to exceed $383,896.00.

_______________________
Michael J. Soccio
Chief Financial Officer

H. Authorize Township to Execute Morris County—GIS Data Licensing Agreement

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BE IT RESOLVED that the Township Council of Township of Randolph, County of Morris, New Jersey, is authorized to execute the Morris County GIS Data Licensing Agreement in accordance with the terms and conditions outlined in contract from Morris County.

BE IT FURTHER RESOLVED that the Township Mayor and/or designated Township Official is hereby authorized to execute said agreement.

I. Amend Professional Services Agreement with Appraisal Consultants Corp. for the Defense of Tax Appeals—Amendment Total $10,930.00—Total Contract Not to Exceed $25,930.00

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WHEREAS, there exists a need to amend the professional services agreement with Appraisal Consultants Corp. for the professional appraisal services in defense of tax appeals; and

WHEREAS, the cost for such amendment will not exceed $10,930.00; 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; and

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

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that change order #1 not to exceed $10,930.00 be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 7, 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, Tax Assessing, Other Expense, to amend the contract to Appraisal Consultant Corp. for appraisal services for tax appeals in the amount of $10,930.00.

_______________________
Michael J. Soccio
Chief Financial Officer

J. Urge Governor to Reduce State Spending and Taxes

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Discussed separately and pulled from the agenda for revision.

K. Authorizing Township of Sparta to Perform Auction of Vehicles at Public Sale

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WHEREAS, the Township of Randolph is the owner of the following vehicles which are no longer needed for public use:

YEARMAKEMODELVIN #
2000FordCrown Vic2FAFP71W0YX178978
2004FordCrown Vic2FAFP71W44X100231
2000FordCrown Vic2FAFP71W2YX111136
2001FordCrown Vic2FAFP71W21X182441
1997FordCrown Vic2FALP71W5VX189764
1997FordRanger P/U1FTCR14U5VTA09434
1996FordCrown Vic2FALP71W2TX150045
1994GMC2500 P/U1GTGK24FIRE560189
1998FordCrown Vic2FAFP71W3WX189700
1997FordCrown Vic2FALP71W9VX189766
1999GMC2500 P/U1GDHK34FOXF017896
1981GMCC6 Truck1GDG7D1F1BV595513
1996FordF250 P/U2FTHF26FOTCA38625
1985FWDRB44 Truck1F9AG28RXFCFT1069
1994FordExplorer1FMDU34XXRUC86794
1995BluebirdBus1BAAGBSA8SF063620
1996FordCrown Vic2FALP71W6TX150047
1995ChevyCaprice1G1BL52P4SR154919
1994ChevyCaprice1G1BL52P5RR190189

1 - 8' Western Unimount Plow
1 - 11' Wausaw 3256 Plow
2 - 10' Tapered Plows

WHEREAS, the Township desires to authorize the sale of the above-described vehicles at public sale pursuant to NJSA 40A:11-36 to the highest bidder; and

WHEREAS, the Township authorizes the Township of Sparta to perform the auction on October 7, 2006, as a joint venture; and

WHEREAS, the Township agrees to pay an Auctioneer and administrative fee of twelve (12) percent based on total gross receipts and advertising costs of $1,500.00 to be divided among participants based on percentage of gross receipts.

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

1. The Township hereby declares the surplus equipment is no longer needed for public use.

2. The Township authorizes the transfer of the above vehicles to Sparta to be auctioned by a professional auctioneer on October 7, 2006.

3. The Township shall retain the right to reject all bids.

L. Authorizing Denville Township to Fully Tax Bisected Properties: Block 208.02, Lots 16 (.15 acre) and 17 (.86 acre)

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WHEREAS, a need exists for an agreement between Randolph Township and Denville Township as to the assessment of Block 208.02, Lots 16 and 17; and

WHEREAS, Denville Township has requested the total assessment on these properties; and

WHEREAS, a verbal agreement was established previously upon revaluations and the Randolph Township Tax Assessor consents.

NOW, THEREFORE, BE IT RESOLVED Randolph Township authorizes Denville Township to fully tax the bisected properties, Block 208.02, Lots 16 (.15 acres) and 17 (.86 acre).

M. Raffles—Tricky Tray—St. Cecilia Home and School Association—Skylands—November 10, 2006—6:00 p.m. to 11:00 p.m.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #20-06—Amend Fee Schedule—Police and Health

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING THE HEALTH SECTION, THE POLICE SECTION, AND THE FIRE PREVENTION SECTION OF APPENDIX A, FEE SCHEDULE, 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.

The Mayor opened the hearing for public comment. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENIDNG AND SUPPLEMENTING THE HEALTH SECTION, THE POLICE SECTION, AND THE FIRE PREVENTION SECTION OF APPENDIX A, FEE SCHEDULE, 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.

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

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

(2) Ordinance #21-06—Amendment and Clarification—Traffic Advisory Committee

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO ARTICLE XVI, ADVISORY TRAFFIC COMMITTEE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH TO MAKE THE NAME OF THE COMMITTEE, TRAFFIC ADVISORY COMMITTEE, CONSISTENT THROUGHOUT THE ARTICLE” be read by title on second reading and a hearing held thereon.

The Mayor opened the hearing for public comment. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AMENDMENT TO ARTICLE XVI, ADVISORY TRAFFIC COMMITTEE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH TO MAKE THE NAME OF THE COMMITTEE, TRAFFIC ADVISORY COMMITTEE, CONSISTENT THROUGHOUT THE ARTICLE” 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 Napoliello made a motion to adopt the ordinance. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

(3) Ordinance #22-06—Amend Bond Ordinance Funding the Acquisition of Open Space Appropriating an Additional $3,200,000.00

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE OF THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, AMENDING THE DESCRIPTION OF THE IMPROVEMENT REFERRED TO IN BOND ORDINANCE #21-04 FINALLY ADOPTED JULY 1, 2004, AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $3,200,000.00 AND AUTHORIZING THE ISSUANCE OF $3,025,000.00 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION” be read by title on second reading and a hearing held thereon.

The Mayor opened the hearing for public comment. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE OF THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, AMENDING THE DESCRIPTION OF THE IMPROVEMENT REFERRED TO IN BOND ORDINANCE #21-04 FINALLY ADOPTED JULY 1, 2004, AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $3,200,000.00 AND AUTHORIZING THE ISSUANCE OF $3,025,000.00 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION” 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 Huston made a motion to adopt the ordinance. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

(4) Ordinance #23-06—Amend Salary and Wage Ordinance Various Positions

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

The Mayor opened the hearing for public comment. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

COMBINED ACTION ITEMS DISCUSSION

J. Urge Governor to Reduce State Spending and Taxes

Councilman Huston noted that if the state is urged to decrease spending, they may decrease school aid and municipal aid, which are two areas Randolph would not want to see decreased.

Mayor Algeier stated that the resolution was placed on the agenda to express his dissatisfaction with the way the state budget was passed. However, he realizes that the resolution would probably have little or no effect in Trenton.

Councilwoman Price suggested amending the resolution to urge the government to cut inappropriate state spending.

Manager Lovell will amend the resolution and bring it back before the Council at a later date.

AUTHORIZING DETENTION BASIN MAINTENANCE AGREEMENT BETWEEN RANDOLPH AND MT. FERN METHODIST CHURCH

R _____

Manager Lovell noted that this item was separated from the Consent Agenda Items because Deputy Mayor Obremski needed to abstain from voting.

Mayor Algeier stated for the record that Deputy Mayor Obremski recused himself and left the room at this point.

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

AYES:
Councilman Huston
Councilman Napoliello
Councilwoman Price
Mayor Algeier

NAYS: None

ABSTAIN: Deputy Mayor Obremski

ABSENT:
Councilman Manning
Councilwoman Mitsch

WHEREAS, Mount Fern United Methodist Church (“Owner”) received Preliminary and Final Site Plan approval with variances with respect to the development of property known and designated as Block 55, Lots 1 and 2, on the Official Tax Map of the Township of Randolph; and

WHEREAS, the granting of Preliminary and Final Site Plan approval with variances was memorialized in a Resolution of the Township of Randolph Zoning Board of Adjustment adopted on June 9, 2005; and

WHEREAS, as part of the approvals, the Owner was required to submit a proposed detention basin maintenance agreement in conformance with Township of Randolph Code Section 15-75; and

WHEREAS, the Township of Randolph and Owner desire to enter into a Detention Basin Maintenance Agreement outlining the duties and responsibilities of the parties in connection with the maintenance of the detention basin located on the property.

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 general terms and conditions of the Detention Basin Maintenance Agreement by and between the Township of Randolph and Mount Fern United Methodist Church, dated September 7, 2006, are hereby approved.

2. The Township hereby authorizes and approves any non-substantive modifications to the Detention Basin Maintenance Agreement as may be recommended and approved by the Township Manager prior to execution.

3. The proper Township officials, its Attorney and Manager are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

4. This Resolution shall take effect immediately.

COUNCIL COMMENTS

There were no further Council comments.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, suggested stronger enforcement concerning garage sale signs that remain posted for several days after the event, possibly charging offending residents a fine.

EXECUTIVE

Councilwoman Price made a motion to move into Executive Session. Deputy Mayor Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

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

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

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

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

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

a. Del Ben Open Space Acquisition
b. Potential Litigation—Solid Waste Contract

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

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

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

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

NAYS: None

ABSENT:
Councilman Manning
Councilwoman Mitsch

ADJOURNMENT

Mayor Algeier adjourned the meeting at 9:30 p.m.

Donna Marie Luciani
Township Clerk