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Township Council » Meetings » Minutes: April 16, 2009

All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: April 16, 2009

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Metz. 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 Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009.

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

ABSENT:
Councilwoman Mitsch
Councilwoman Price

Also Present: Township Manager John Lovell and Keli Gallo from the Law Offices of Edward Buzak

Mayor Metz led the Pledge of Allegiance.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier reported that the Randolph Library will be having a ribbon cutting ceremony on April 18, 2009, showcasing their new addition.

Councilman Obremski introduced Alex, a college student in attendance who is preparing a paper for a class in American Government. The Councilman reported that Freeholder Jack Schrier extended his thanks to Randolph and the Friends of the Randolph Pound for the work they’ve done with numerous cats rescued from a Chester home which are being housed at the Seeing Eye property in Mendham. Freeholder Schrier noted that it reinforces the relationship between Randolph and Mendham. Councilman Obremski thanked Councilman Algeier for bringing this issue forward. Mendham Township will tour the Randolph Pound on April 24.

Mayor Metz noted that Senior Career Day is April 22. Approximately 110 students and 50 businesses will be participating. There will be follow up by the Economic Development Committee with the businesses to get their input on how the program was received. Local businesses were invited to the last Economic Development Committee meeting and several attended. They were introduced to the members of the Economic Development Committee, the Township Manager, and the Mayor and they provided good suggestions on many issues. Also at the EDC meeting, there was discussion on holding “Randolph Sales Days” in the autumn.

Councilman Algeier suggested holding a coffee and dessert reception to thank those businesses who have agreed to participate in Senior Career Day.

Manager Lovell noted that two suggestions offered to the EDC by the local businesses are projects that are already being undertaken. Those items are providing links on the Township web site to create white pages where residents can get information on local businesses, and revising the current sign and banner ordinance. The Manager reported that there have been meetings at the staff level to discuss serious concerns regarding Highlands conformance. As a result of those concerns, the Manager will be inviting Freeholder Jack Schrier and Bill Cogger from Chester to a meeting to discuss the issues and the various modules that Randolph is attempting to complete. The Manager believes that other municipalities are also struggling to get through the conformance process. He will let the Council know when the meeting has been scheduled so they can be in attendance if they desire.

COMBINED ACTION ITEMS

Councilman Algeier asked to pull Item G for discussion.

Councilman Obremski made a motion to approve the Combined Action Items with the exception of Item G. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert (recused from Item C)
Mayor Metz

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

A. Refunds/Adjustments Resolutions

(1) Release Maintenance Guarantee to Yorkshire Estates, Inc., for the Water System Installed at the Yorkshire Estates Sub-Division—$3,223.00

R-128-09

WHEREAS, a maintenance cash bond in the amount of $3,223.00 was retained to serve as a maintenance guarantee for the water system installed at the Yorkshire Estates subdivision; and

WHEREAS, the water system has been inspected and no additional maintenance for the system is required; and

WHEREAS, the term of the maintenance guarantee is for a two-year term following the final topping of the roadways; and

WHEREAS, the two-year term has expired and it is recommended by the Township Engineering Department that the maintenance guarantee be released.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the maintenance cash bond of $3,223.00 be released to Yorkshire Estates, Inc., P.O. Box 224, Kenvil, NJ 07847.

B. Authorizing Award of Contract for On-Site Tub Grinding Services to JH Reid

R-129-09

WHEREAS, the Township of Randolph wishes to award a contract for on-site tub grinding services for the contract period April 2009 through November 2009; and

WHEREAS, bids have been advertised and received on April 2, 2009, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph received two (2) bids and has determined that JH Reid, South Plainfield, New Jersey, is the low bidder and meets the specifications and requirements and is recommended for the award contract at $4,500.00 for a full day and $3,000.00 for a half day.

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 JH Reid, South Plainfield, New Jersey, for the award contract at $4,500.00 for a full day and $3,000.00 for a half day.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 16, 2009

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 Recycling Tonnage Grant Account to award a contract to JH Reid for on-site tub grinding services in the amount not to exceed $22,500.00.

________________________
Michael J. Soccio
Chief Financial Officer

C. Professional Services Agreement with Animal Clinic of Morris Plains to Provide Professional Veterinary Services—Not to Exceed $6,000.00

R-130-09

WHEREAS, the Township of Randolph has a need to acquire the Animal Clinic of Morris Plains, LLC, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, the Animal Clinic of Morris Plains, LLC, has indicated they will provide the professional veterinary services for an amount not to exceed $6,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with the Animal Clinic of Morris Plains, LLC, as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 16, 2009

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 Dog License Trust Fund to award a contract to the Animal Clinic of Morris Plains, LLC, for professional veterinary services in the amount not to exceed $6,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

D. Professional Services Agreement with Rockaway Animal Clinic to Provide Professional Veterinary Services—Not to Exceed $6,000.00

R-131-09

WHEREAS, the Township of Randolph has a need to acquire Rockaway Animal Clinic as a non-fair and open contract pursuant to the provisions of N.J.S.A.19:44A-20.4; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Rockaway Animal Clinic has indicated they will provide the professional veterinary services for an amount not to exceed $6,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Rockaway Animal Clinic as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 16, 2009

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 Dog License Trust Fund to award a contract to Rockaway Animal Clinic for professional veterinary services in the amount not to exceed $6,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

E. Resolution to Reject All Bids for Randolph Park Playground Spray Features and Equipment

R-132-09

WHEREAS, bids were opened on April 7, 2009, for Randolph Park Playground Spray Features and Equipment; and

WHEREAS, two bids were received but the low bidder, Sports & Golf Solutions, did not meet the specifications, and the second bidder, Aquatic Recreation, exceeded our anticipated budget; and

WHEREAS, both bids must be rejected and the project re-bid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that both bids be rejected and the project be re-bid.

F. Resolution Supporting Participation in the Sustainable Jersey Municipal Certification Program

R-133-09

WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic, and social objectives are balanced and mutually supportive; and

WHEREAS, Randolph Township strives to save tax dollars, assure clean land, air and water, improve working and living environments as steps to building a sustainable community that will thrive well into the new century; and

WHEREAS, Randolph Township hereby acknowledges that the residents of Randolph desire a stable, sustainable future for themselves and future generations; and

WHEREAS, Randolph Township wishes to support a model of government which benefits our residents now and far into the future by exploring and adopting sustainable, economically sound local government practices; and

WHEREAS, by endorsing a sustainable path Randolph Township is pledging to educate itself and community members further about sustainable activities and to develop initiatives supporting sustainable local government practices; and

WHEREAS, as elected representatives of Randolph Township, we have a significant responsibility to provide leadership which will seek community-based sustainable solutions to strengthen our community.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that to focus attention and effort within Randolph on matters of sustainability, the Randolph Township governing body wishes to pursue local initiatives and actions that will lead to Sustainable Jersey Municipal Certification.

BE IT FURTHER RESOLVED by the governing body of the Township of Randolph that we do hereby authorize Gerald J. Giaimis, Assistant Township Manager, to serve as Randolph’s agent for the Sustainable Jersey Municipal Certification process and authorize him to complete the Municipal Registration on the Township’s behalf.

G. Resolution Establishing a Green Team Advisory Committee

Acted on separately.

H. Resolution to Support Sustainable Jersey Grant

R-134-09

WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic, and social objectives are balanced and mutually supportive; and

WHEREAS, Randolph Township strives to save tax dollars, assure clean land, air and water, improve working and living environments; and

WHEREAS, Randolph Township is participating in the Sustainable Jersey Program; and

WHEREAS, one of the purposes of the Sustainable Jersey Program is to provide resources to municipalities to make progress on sustainability issues, and they have created a grant program called the Sustainable Jersey Small Grants funded by Wal-Mart; and

WHEREAS, the Sustainable Jersey Program recognizes that an important part of maintaining a sustainable community is the establishment of “Buy Local” programs which stabilize tax rates, promote customer loyalty, and reduces travel time for shopping trips; and

WHEREAS, the Randolph Economic Development Committee has determined that there is a need for a Randolph business website promoting Randolph businesses and encouraging people to shop locally.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph, County of Morris, State of New Jersey, has determined that Randolph should apply for the aforementioned grant to develop and market a website that promotes shopping locally in an effort to promote business and create a sustainable Randolph.

BE IT FURTHER RESOLVED that the Township of Randolph, County of Morris, State of New Jersey, authorizes the submission of the aforementioned Sustainable Jersey Grant funded by Wal-Mart.

Assistant Township Manager Giaimis explained Items F, G, and H, including the following comments:

  • All coincide together
  • Item F supports Randolph’s participation in a Sustainable Jersey program
  • Randolph would work toward a certain number of action items to get certified for being a sustainable community
  • Most of the action items are things that Randolph has either already done or is in the process of doing
  • Item G would be establishing a Green Team Advisory Committee on a staff level
  • The Committee would meet once a month or every other month to discuss ways to become a sustainable community
  • No decisions would be made from a policy perspective without going through the normal channels before the Council

Councilman Obremski made a motion to approve Item G. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

I. Resolution Establishing a Green Team Advisory Committee

R-135-09

WHEREAS, the Township Council of the Township of Randolph strives to save tax dollars, assure clean air and water, improve working and living environments to build a community that is sustainable economically, environmentally, and socially, a community which would thrive well into the new century; and

WHEREAS, the Township Council of the Township of Randolph wishes to build a model of government which benefits our residents now and far into the future with green community initiatives which are easy to replicate and affordable to implement; and

WHEREAS, the Township of Randolph has already taken many steps to ensure the sustainability of Randolph through a variety of Green Initiatives; and

WHEREAS, in an attempt to continue this work and stay focused on “green” issues, the Township Council wishes to establish a Green Team Advisory Committee (GTA).

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that we do hereby establish a Green Team Advisory Committee consisting of six staff members and one Council liaison appointed annually, but whose initial term of appointment shall be through December 31, 2009 and appointed yearly thereafter.

BE IT FURTHER RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Mission and Objectives for the GTA through December 31, 2009, are established as follows:

Mission:
The Randolph Township Green Team Advisory Committee will advise the Township Council on ways to improve municipal operations with “green” initiatives which are economically and environmentally sound through research and evaluation. One short-term goal will be to submit a report to the governing body by the end of the year on what actions can be taken to provide for a Sustainable Randolph using new green initiatives.

Objectives:

1. Collaborate with Township employees, service providers, and other governmental agencies to share resource information and ideas consistent with the mission of the GTA.

2. Encourage participation of all employees to solicit ideas on green initiatives.

3. Research and analyze green initiatives which make practical environmental and financial sense.

4. Develop strategies for sustainable green initiatives in municipal operations.

BE IT FURTHER RESOLVED by the Township Council of the Township of Randolph that the following persons are hereby appointed to the GTA for the remainder of 2009:

John Lovell, Township Manager
Gerald J. Giaimis, Assistant Township Manager
Mark Caputo, Health Officer
Ralph Carchia, Engineering Administrator
Darren Carney, Planning and Zoning Administrator
Gail Catania, Purchasing Coordinator
Councilman Michael Obremski, Council Liaison

DISCUSSION ITEMS

a. Addition of Certain Intersections to be Designated as Stop Intersections

Manager Lovell noted that members of the Traffic Advisory Committee have been invited to the meeting to discuss this issue. This item has been discussed on several occasions. The Manager shared the Council’s concerns with Police Chief Mason and Sgt. Yarzab.

Sgt. Yarzab provided background and information, including the following:

  • Some residents have called and asked that stop signs be placed in their neighborhood where none currently exist
  • Discussion first began after an accident at a four way intersection that had no stop signs
  • From a traffic safety standpoint, he supports the placement of stop signs at the specified intersections

Joanne Veech, the Chairperson of the Traffic Advisory Committee, noted that the committee voted unanimously in support of Sgt. Yarzab’s assessment to place the stop signs at various intersections.

Councilman Algeier expressed that he would like to see actual accident data for the intersections where stop signs are being proposed.

Manager Lovell suggested that since Sgt. Yarzab has received specific requests for stop signs, he might concentrate on accident data for those areas first.

Mrs. Veech suggested the Council look at the intersections near Shongum School during the hours when children are arriving and departing from the school.

b. Economic Development Committee—Randolph Sales Days

Manager Lovell stated that there is currently a statute on the books created in 1979 that states that the Township Council has the authority to designate three days during the year as Randolph Sales Days. The Economic Development Committee would like to undertake Randolph Sales Days this year during October, however, they would like to extend the time period which would require changing the ordinance. The Manager offered the following suggestions for the new ordinance:

  • The Economic Development Committee should designate Randolph Sales Days each year during a set time
  • Those days should be coordinated with the availability to use the Route 10 billboard and newsletter
  • Randolph businesses must pre-register with the EDC to participate in order to develop a business community
  • The proposed time period will be 14 days
  • The banner ordinance should be modified to lengthen the time a business can display a banner

The Manager asked the Council to authorize the Township Attorney to draft an ordinance.

Council indicated they are comfortable directing the Township Attorney to draft an ordinance for introduction.

c. Mine Hill—Amendment to Jackson Brook Interceptor Agreement

Manager Lovell reported that he believes Mine Hill is satisfied with the agreement and expects to hear from them shortly. The agreement achieves the following:

  • It provides a mechanism though which Mine Hill can make additional connections
  • It deals with illegal connections
  • It deals with camera inspections once every five years
  • It deals with cost sharing with Mine Hill

d. School Budget Review Process

Manager Lovell provided an outline as to how the school budget review process will be undertaken should the need arise. His comments included:

  • Election Day is April 21
  • Information will be provided to the Township by the Board of Education on April 23
  • Process completion for the Council is May 19
  • The process will begin with a meeting of the professionals of the School Board and the Township
  • Those professionals will develop recommendations for the Council
  • The Manager looks for the least damaging cuts first and cuts get progressively more difficult as it goes forward
  • A meeting will be set between the Council and the Board of Education to review the recommendations
  • A resolution must be prepared for adoption to establish a tax levy
  • Currently the Randolph district budget is below the adequacy budget level for the state, according to the New Jersey Department of Education
  • Because Randolph is below, every reduction made must be line item specific and there must be a written explanation for each line item reduced stating why the reduction was made and that it will not adversely affect “thorough or efficient” standards or stability
  • The term “thorough and efficient” is vague
  • The Board of Education can file an application for restoration on grounds that reductions are necessary or would negatively impact the stability of the district
  • The Township has a short time frame to propose the recommendations
  • If the need arises, the Manager would concentrate on the reductions proposed in the earliest version of the Board’s budget
  • The Manager feels the current school budget is very tight and does not contain much flexibility
  • The Council can choose to take the position that they are satisfied with the budget as presented, however they can not increase the budget

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, commented that since joining the Rescue Squad in 1974, he has seen a fair amount of accidents at different areas in Randolph and supports erecting the proposed stop signs as a safety precaution. In regard to the banner ordinance being revised, he suggested that the Zoning Officer might be less aggressive in enforcement in order to help the businesses.

Manager Lovell responded that the Zoning Officer has to enforce the ordinances. She typically issues summonses after she has made several attempts to get compliance.

Judith Stewart, 114 Everdale Road, stated that she finds the Zoning Officer to be fair, polite, and non-confrontational, and she deserves the Township’s support. Mrs. Stewart supports the concept of Randolph Sales Days. Regarding the school budget, she believes it to be a very tight budget and encouraged the Council to support it. Mrs. Stewart noted that a plastic bottle was thrown into the garbage can in the room and reiterated her stance on recycling.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted that it’s going to be harder to convince residents to recycle when the President is flying in a chef to make his favorite pizza from out of state. He believes it sets a terrible example for the rest of the citizens and lessens the credibility of any government agency when trying to get residents to recycle.

Mayor Metz suggested taking a look at the revenue and cost structures when combining the health and building departments of Randolph and Roxbury.

Manager Lovell responded that he will discuss this issue with the staff and report back to the Council.

EXECUTIVE SESSION

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. Route 10 Realty Assoc. v. Township of Randolph
b. Personnel

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 Alpert made a motion to move into Executive Session at 9:25 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

Deputy Mayor Alpert made a motion to move back into Public Session at 9:35 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

ADJOURNMENT

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

_____________________________
Donna Marie Luciani
Township Clerk

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