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: April 2, 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 (arrived 8:50 p.m.)
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

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

Mayor Metz led the Pledge of Allegiance.

PROCLAMATION: Parents Who Host, Lose the Most

Mayor Metz read the following proclamation into the record:

WHEREAS, adults who provide alcohol to those below the legal drinking age of 21 are placing those youths at risk for health, safety, and legal problems; and

WHEREAS, alcohol use by young people is dangerous, not only because of the risks associated with acute impairment, but also because of the threat to their long-term development and well-being; and

WHEREAS, it is illegal to give or allow your teen’s friends to drink alcohol in your home, even with their parents’ permission; and

WHEREAS, anyone found guilty of providing alcohol to youth can face up to a $1,000.00 fine and six months in jail, in addition to any civil action that can be brought as a result of damages or injury related to the offense; and

WHEREAS, adults have the authority and responsibility to our youth to provide them with alternative opportunities by creating alcohol free activities; and

WHEREAS, Drug-Free Action Alliance, through the “Parents Who Host, Lose the Most: Don’t Be a Party to Teenage Drinking” campaign provides the educational materials through the Randolph Municipal Alliance Committee to raise community awareness regarding this illegal and unhealthy practice; and

WHEREAS, the Township of Randolph encourages residents to refuse to provide alcoholic beverages to underage youth and to take the necessary steps to discourage the illegal and unhealthy practice, including the reporting of underage drinking by calling the “Randolph Action Hotline”.

NOW, THEREFORE, BE IT RESOLVED that the town of Randolph not only discourages the use of alcohol by those below the legal age of consumption, but also exhorts all residents of Randolph Township to refuse to provide alcoholic beverages to those underage youth, and will continue to take the necessary steps to discourage this illegal and unhealthy activity upon youth.

BE IT FURTHER RESOLVED that I, Edward A. Metz, Mayor of Randolph Township, County of Morris, New Jersey, on behalf of the Town Council, proclaim the month of April, beginning in 2009, to be “Parents Who Host, Lose the Most: Don’t Be a Party to Teenage Drinking” month.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, distributed a copy of an article to the Council regarding the dangers of second hand smoke and reiterated her desire for an ordinance banning smoking at public parks. Mrs. Stewart asked the Council to reinstate $3,000.00 into the budget for the Freedom Festival Parade.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski attended the Morris County Open Space meeting where Randolph was congratulated on closing on the Powers property before the expiration of the grant application. The Councilman noted that on April 4 the Friends of the Randolph Animal Pound will be hosting an Easter egg hunt at the Mt. Freedom Driving Range.

Mayor Metz stated that 58 local businesses and over 100 high school seniors have signed up to participate in Senior Career Day. Local businesses have been invited to attend an Economic Development Committee meeting so that they can meet the committee members and Township staff in their efforts to support local businesses in these tough economic times.

Manager Lovell congratulated the Mayor on his efforts coordinating Senior Career Day.

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

Manager Lovell stated that this ordinance must be adopted in order to bank appropriation excess that is not utilized. This creates flexibility in the budget for 2010.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 7th of May, 2009, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

INTRODUCTION OF THE 2009 MUNICIPAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM—SETTING ADVERTISING AND PUBLIC HEARING DATES

Manager Lovell stated that the entire budget will be available online and read the following into the record:

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2009.

Anticipated Revenues Other Than Current Property Taxes $17,679,780.00
Local Tax for Municipal Purposes Including Reserve for Uncollected Taxes $16,897,690.00
Appropriations Within CAPS for Municipal Purposes $22,776,619.00
Appropriations Excluded From CAPS for Municipal Purposes $9,363,264.00
Reserve for Uncollected Taxes at 97.34% $2,437,587.00
Total General Appropriations (Including Water and Sewer Budgets) $34,577,470.00

BE IT FURTHER RESOLVED that said Budget be published in the Randolph Reporter in the issue of April 23, 2009.

The Governing Body of the Township of Randolph does hereby approve the following as the Budget for the year 2009.

A public hearing on the budget is scheduled for May 7, 2009, at the Municipal Building at 8:00 p.m.

Councilman Napoliello made a motion to introduce the 2009 Budget. Councilwoman Mitsch seconded the motion.

Manager Lovell made the following comments concerning the budget:

  • This was a difficult year from the perspective that he is cognizant of the decline in the international economy at this time
  • Randolph started preparing for 2009 four years ago when it was predicted that a number of commercial tax appeals would be filed
  • As a safeguard, the Reserve for Uncollected Taxes was adjusted and dollars were taken out of surplus
  • Over the years, Randolph has been very conservative in budget practices
  • There are fewer full time employees today than ten years ago
  • Randolph has embraced technology, privatized certain areas, and is working on shared services throughout the County to meet the demands of the Township
  • This budget reflects the elimination of a police officer and public works position, the elimination of a part time staff member in the Health Department, and a staff reduction in the MAC operating budget
  • Certain costs have been increasing, such as snow removal and the final payment to the pension system that was deferred several years ago
  • The Manager believes that the proposed budget will meet the needs and demands of Randolph Township in 2009
  • There should not be any service reductions this year
  • There should not be a spike in taxation in 2010 because the Council manages the budget very conservatively
  • The net increase in the tax rate will be 1.5 cents, or approximately $50.00 per average assessed household
  • The last open space acquisition was completed during the week and no other acquisitions are pending and he feels comfortable reducing the open space tax by .5 cents
  • Water and sewer budgets are doing well with several projects coming up this year
  • Randolph remains below the levy cap and appropriations cap

The following roll call was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #7-09: Amending Chapter 10—Boards, Commissions, Committees and Agencies

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 10-3, 10-222, 10-302, AND 10-303 OF CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will reduce the number of Alternate positions on a couple of existing boards.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Lee Whilden, 82 Radtke Road, stated her support of the ordinance and requested that appointments to the various committees be made at the Reorganization Meeting.

Judith Stewart, 114 Everdale Road, stated her support of the ordinance but doesn’t understand why the ordinance lists terms that have already expired.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 10-3, 10-222, 10-302, AND 10-303 OF CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, 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 Alpert made a motion to adopt the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

B. Introduction

(1) Amending Land Development Ordinance—Lot Grading Permits and Fee Schedule

Manager Lovell stated that this ordinance was requested by the Township Engineer as well as the Planning Department. Problems arise when homeowners begin grading projects that affect neighboring properties. This ordinance has undergone numerous revisions and takes into account the concerns expressed by the Council. This ordinance also contains a sunset provision for the end of 2010.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH BY THE ADDITION OF SECTION 15-52, LOT GRADING PERMITS, AND AMENDING AND SUPPLEMENTING APPENDIX A - FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 7th of May, 2009, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Councilman Napoliello made a motion to introduce the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

(2) Amending Chapter 31, Traffic and Vehicles—No Parking Certain Hours (Shongum School Neighborhood)

Manager Lovell stated that parking has become problematic in the neighborhoods surrounding Shongum School. This ordinance would address that congestion and limits parking to one side of several surrounding streets from 7:00 a.m. to 4:00 p.m. on school days.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-75, NO PARKING CERTAIN HOURS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 7th of May, 2009, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

(3) Special Assessment Ordinance—$120,000.00 for Construction of Sewers on Shongum Road

Manager Lovell noted that several residents of Shongum Road approached the Township to undertake a sewer project several years ago. This project will be a special assessment paid back to the Township over ten years. The residents have been advised of the cost and have expressed support. The affected residents will also be advised of the public hearing date by the Township Clerk.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE SHONGUM ROAD SEWER LINE EXTENSION IN THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE SUM OF $120,000.00 AND DIRECTING THE SPECIAL ASSESSMENT OF THE COST THEREOF” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 7th of May, 2009, 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 or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

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

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

COMBINED ACTION ITEMS

Councilman Napoliello made a motion to approve the Combined Action Items. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

A. Refund/Adjustment Resolutions

(1) Cancel Tax Sale Certificate #1868 Assessed to Rosa White for Block 195, Lot 7, 22 Bennett Avenue

R-113-09

WHEREAS, Tax Sale Certificate #1868, held by Township of Randolph, assessed to Rosa White, Block 195, Lot 7, 22 Bennett Avenue; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $7,236.38.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel Tax Sale Certificate #1868.

(2) Disabled Veteran Tax Exempt Status Granted to Stephen Vandling for 2009—$12,240.00

R-114-09

WHEREAS, Block 46.01, Lot 38, is assessed in the 2009 Tax List for a total of $392,300.00; and

WHEREAS, the property owner was deemed permanently disabled by the Veteran’s Administration. The taxpayer made application on March 6, 2009, resulting in a tax-exempt status for 2009.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 46.01, Lot 38, for the 2009 tax year.

(3) Disabled Veteran Tax Exempt Status Granted to Emerson and Karen Crooks for Overpaid 2009 Taxes—$2,028.26

R-115-09

WHEREAS, Emerson and Karen Crooks have overpaid 2009 taxes by reason of tax exempt veteran in the amount of $2,028.26 on Block 86, Lot 10, 40 Carrell Road; 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 $2,028.26 to Emerson and Karen Crooks.

(4) Release Escrow Funds for Block 112, Lot 15, to Romantico Italian Restaurant—$2,730.00

R-116-09

WHEREAS, the Planning and Zoning Department received escrow funds from Romantico Italian Restaurant, c/o Luigi Viola, Block 112, Lot 15; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds for the following amount be refunded:

Romantic Italian Restaurant $2,730.00

(5) Refund 2007 and 2008 Tax Overpayments for 44 Center Grove Road to Center Grove Associates—$59,820.00

R-117-09

WHEREAS, Center Grove Associates has been granted a reduction in assessed valuation for the tax years 2007 and 2008 by the Tax Court of New Jersey on Block 77, Lot 25, known as 44 Center Grove Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $29,400.00 and 2008 in the amount of $30,420.00; 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 $59,820.00 to Center Grove Associates.

(6) Refund 2007 and 2008 Tax Overpayments for 66 Center Grove Road to Center Grove Associates—$106,581.29

R-118-09

WHEREAS, Center Grove Associates has been granted a reduction in assessed valuation for the tax years 2007 and 2008 by the Tax Court of New Jersey on Block 77, Lot 30, known as 66 Center Grove Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $52,381.98 and 2008 in the amount of $54,199.31; 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 $106,581.29 to Center Grove Associates.

(7) Refund 2007 and 2008 Tax Overpayments for 46 Center Grove Road to Center Grove Associates—$29,910.00

R-119-09

WHEREAS, Center Grove Associates has been granted a reduction in assessed valuation for the tax years 2007 and 2008 by the Tax Court of New Jersey on Block 77, Lot 31, known as 46 Center Grove Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $14,700.00 and 2008 in the amount of $15,210.00; 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 $29,910.00 to Center Grove Associates.

(8) Release Performance Bond Issued to Diamond Construction for the Construction of a Sidewalk on Quaker Church Road to Bondex Insurance Company—$63,900.00

R-120-09

WHEREAS, the Engineering Department has received a request from Diamond Construction for the release of a performance bond posted for the construction of a sidewalk at Quaker Church Road; and

WHEREAS, the Performance Bond No. 1112 issued by Bondex Insurance Company in the amount of $63,900.00 dated October 7, 2008; and

WHEREAS, the Applicant was required to post this performance bond to guarantee the construction of a sidewalk within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the sidewalk work and found it to be acceptable; and

WHEREAS, Diamond Construction has posted the required Maintenance Bond in the amount of $7,556.00.

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 Raffaele Carchia, Township Engineering Administrator, that the Performance Bond in the amount of $63,900.00 be returned to Bondex Insurance Company, 30A Vreeland Road, Florham Park, NJ 07932.

B. Authorizing Rescission of a Portion of MCCPC Contract #41 with Royal Communications and Re-Awarding to Gold Type Business Machines

R-121-09

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded a portion of the 2009 Contract #41 (Purchase of Communications Equipment) to Royal Communications on December 18, 2008, which included Category B (Item #20—Lund Industries) and Category G (Item #14—Antenna Plus); and

WHEREAS, in compliance with the bid specifications the award of Items #B-20 and #G-14 were based on Royal Communications being a “direct” authorized dealer for the manufacturers covered under the items noted; and

WHEREAS, after being notified by another vendor and additional investigation as to the compliance of Royal’s bid for the items noted, we find that Royal Communications is not a “direct” authorized dealer for Items #B-20 (Lund Industries) and #G-14 (Antenna Plus); and

WHEREAS, it is in the MCCPC’s interest to rescind a portion of Royal Communications’ initial award for Items #B-20 and #G-14 for non-compliance with the bid specifications and re-award these items to the “compliant” bidder who submitted the second highest discount noted below:

Category B, Item #20 (Lund Industries)—Re-award item to Gold Type Business Machines who is a “direct” authorized dealer for submitting the second highest discount at 30.5%.

Category G, Item #14 (Antenna Plus)—Re-award item to Gold Type Business Machines who is a “direct” authorized dealer for submitted the second highest discount at 6%.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that a portion of Royal Communications’ initial contract award be rescinded for non-compliance with the bid specifications which includes Category B (Item #20) and Category G (Item #14).

The re-awarding of Category B (Item #20) and Category G (Item #14) to Gold Type Business Machines who submitted the second highest discount in compliance with the bid specifications.

C. Accept Request for Disbursement of Funds from Township Housing Trust

Memo From Darren Carney Dated March 31, 2009:

As of March 6, 2009, the Housing Trust Fund contained $1,425,896.15. Of the available funds, $429,035.52 must be utilized for Affordability Assistance with no more than $285,015.89 for Administrative Costs. The remaining balance of $711,844.74 (in addition to unused funds for Administrative Costs) can be used for Affordable Housing Programs.

The Township is entering into a Memorandum of Understanding with Allies, Inc. to provide a grant not to exceed $270,000.00 to acquire buy-down housing units for mentally disabled clients for which the Township would receive credit from the Council on Affordable Housing (COAH). The grant to subsidize the cost of buy-down housing units qualifies as an Affordability Assistance activity and it is the opinion of this office that expenditure of funds for such purposes is consistent with the Amended Development Fee Spending Plan adopted by the Township Council on July 31, 2003, and approved by COAH on August 27, 2003.

The Township is entering into a Memorandum of Understanding with Morris Habitat for Humanity for the purpose of developing approximately twenty-five (25) housing units in accordance with the Uniform Housing Affordability Controls N.J.A.C. 5:80-26.1 et seq. at the Township owned site known as E.A. Porter (Block 195, Lot 10). The project will consist of Administrative Costs (surveys, environmental site investigation/assessment, environmental studies, site design, architectural design, permitting, approval, etc.) as well as Affordable Housing Program costs (site remediation, improvements and construction). The funds proposed to be disbursed from the Housing Trust Fund for this project are $946,860.00 of which no more than $235,015.00 shall be utilized for Administrative Costs. It is the opinion of this office that expenditure of funds for such purposes is consistent with the Amended Development Fee Spending Plan adopted by the Township Council on July 31, 2003, and approved by COAH on August 27, 2003.

Development Fee Spending Plan Amendment—Randolph Township/Morris County—Prepared by: Sean Thompson, Principal Planner:

Introduction:

This report reviews the amendment to the spending plan for Randolph Township, Morris County, for compliance with the requirements outlined in N.J.A.C. 5:93-8.16. The amended spending plan was submitted to the Council on Affordable Housing (COAH) on August 1, 2003. The Township’s amended spending plan adds a provision that allows funds to be utilized to purchase existing affordable income units at foreclosure sales. In addition, the amendment reduces the percentage of revenues collected to render units more affordable from 40 percent to 30 percent and increases the percentage of revenues collected to be used for administrative costs from 10 percent to 20 percent.

On May 16, 1992, the Township received COAH approval of its development fee ordinance, and its spending plan was approved on August 2, 1995.

Background:

Randolph Township received its first round substantive certification on March 7, 1988. The Township petitioned COAH for second round substantive certification on March 6, 1995. Although no objections were received by COAH during the 45-day objector period, Randolph Township was in mediation as a result of a 1994 motion filed by the owner of an inclusionary development. On June 7, 1995, COAH transferred the contested issues of fact to the Office of Administrative Law (OAL). Five years later, on June 30, 2000, Administrative Law Judge (ALJ) Arnold Samuels issued an Initial Decision. On September 6, 2000, COAH accepted ALJ Samuels’ Initial Decision of June 30, 2000, as its Final Decision. Randolph Township appealed COAH’s Final Decision. On June 5, 2002, the Appellate Division issued a decision affirming the ALJ’s Initial Decision and COAH’s Final Decision regarding the inclusionary development.

The Township repetitioned COAH on May 8, 2003, and is proceeding towards substantive certification.

Fees Anticipated:

As of June 30, 2003, the Township housing trust fund contained $736,000.00. The Township anticipates that by the end of its six-year period of substantive certification, the housing trust fund will contain $1,061,000.00. This projection is based on housing activity over the next six years from fees collected through Randolph’s development fee ordinance.

Administration and Use of Trust Funds:

The amended spending plan describes the projected use of development fees. The Township housing officer will present requests for monies to the Township Council. The Township Council shall review the requests for consistency with the spending plan and submit the request to the Township Treasurer for disbursement of funds. The Township Council is responsible for the implementation of the spending plan. The Township anticipates that $1,061,000.00 will be collected and expects to expend the money in the following manner:

Use of Development FeesAllowable PercentageAnticipated Expenditures
Affordable Housing Programs 50 Percent $530,500.00
Affordability Assistance 30 Percent $318,300.00
Administrative Costs 20 Percent $212,200.00
    $1,061,000.00

Affordable Housing Programs:

Randolph Township proposes to expend 50 percent of the total anticipated fees collected for COAH-eligible housing programs. The Township’s plan includes, but is not limited to, funding for land acquisition, improvement, construction and the purchase and sale of property in foreclosure, if purchased and sold for the purpose of maintaining the property as an affordable unit.

Affordability Assistance:

The spending plan proposes the expenditure of 30 percent of the revenues from fees for affordability assistance in the form of down payment assistance, low interest loans, and rental assistance.

Administration Costs:

The spending plan proposes that 20 percent of the revenues from fees be used to fund administrative activities. The Township Council has been designated as the administrative entity responsible for overseeing the implementation of the spending plan.

Recommendation:

This amended spending plan is in accordance with N.J.A.C. 5:93-8.16. COAH staff recommends that Randolph’s amended development fee spending plan be approved.

Dated: August 27, 2003

_____________________________
Supervising Planner

_____________________________
Deputy Attorney General

Resolution Amending Spending Plan:

WHEREAS, the Council of Affordable Housing (COAH) granted first round substantive certification to Randolph Township, Morris County, on March 7, 1988; and

WHEREAS, COAH approved the Township’s development fee ordinance on May 6, 1992, and spending plan on August 2, 1995; and

WHEREAS, Randolph petitioned COAH for second round substantive certification on March 6, 1995; and

WHEREAS, although no objections were received by COAH during the 45-day objector period, Randolph Township was in mediation as a result of a 1994 motion filed by the owner of an inclusionary development; and

WHEREAS, on June 7, 1995, COAH transferred the contested issues of fact to the Office of Administrative Law (OAL); and

WHEREAS, on June 30, 2000, the Administrative Law Judge (ALJ) issued an Initial Decision; and

WHEREAS, on September 6, 2000, COAH accepted the June 30, 2000, Initial Decision as its Final Decision; and

WHEREAS, Randolph appealed COAH’s Final Decision; and

WHEREAS, on June 5, 2002, the Appellate Division issued a decision affirming the ALJ’s Initial Decision and COAH’s Final Decision regarding the inclusionary development; and

WHEREAS, Randolph Township amended its housing element and fair share plan and repetitioned COAH for substantive certification on May 8, 2003; and

WHEREAS, Randolph Township submitted an amended spending plan for COAH review and approval on August 1, 2003; and

WHEREAS, the Township’s amended spending plan adds a provision that allows funds to be utilized to purchase existing affordable income units at foreclosure sales; and

WHEREAS, the amended spending plan also reduces the percentage of revenues collected to render units more affordable from 40 percent to 30 percent and increases the percentage of revenues collected to be used for administrative costs from 10 percent to 20 percent; and

WHEREAS, the Township currently has $736,000.00 in its housing trust fund and anticipates collecting a total of $1,061,000.00 during its six-year period of substantive certification; and

WHEREAS, Randolph Township requests approval to spend development fees for administration (a maximum of 20 percent of the development fees collected annually) for affordability assistance (30 percent of the development fees collected annually) and for affordable housing programs (50 percent of the development fees collected annually); and

WHEREAS, the activities listed and described in the amended spending plan are consistent with N.J.A.C. 5:93-8.16.

NOW, THEREFORE, BE IT RESOLVED that Randolph Township’s amended spending plan is in accordance with N.J.A.C. 5:93-8.16.

BE IT FURTHER RESOLVED that Randolph Township shall expend development fee revenue on the following uses: no more than 20 percent of the revenue collected on an annual basis for administration, 50 percent of the development fees collected on an annual basis for the Township’s affordable housing programs and 30 percent of the development fees collected on an annual basis for affordability assistance.

BE IT FURTHER RESOLVED that the Randolph Township amended development fee spending plan dated July 31, 2003, is hereby approved.

Dated: August 27, 2003

_____________________________
Maureen C. Fullaway, Executive Director Council on Affordable Housing

Amended Development Fee Spending Plan—Township of Randolph, County of Morris

The Township of Randolph adopted a Development Fee Ordinance, which was approved by the Council on Affordable Housing (COAH) on May 6, 1992, and a Spending Plan which was approved by COAH on August 2, 1995. The Township of Randolph, Morris County, is proposing an amendment to the Development Fee Spending Plan that addresses N.J.A.C. 5:93-5.2(c).

Administrative Mechanism:

The Township Council has designated a Housing Officer who reports to the Township Council. The function of the Housing Officer is to oversee the administration of the Housing Trust Fund and to make recommendations for funding to the Township Council. Upon approval by Resolution of the Township Council, checks will be issued by the Township Treasurer.

Development fees will be paid in part upon issuance of a building permit based on the estimated added value of the project (50 percent of anticipated fees). Upon completion of construction, the Township Tax Assessor will calculate the equalized assessed value and the remaining amount of the development fee which is due upon issuance of a Certificate of Occupancy. No Certificate of Occupancy will be issued until the Tax Assessor has made this calculation and the entire development fee is paid. The Township Construction Office is responsible for collecting the calculated development fee prior to the issuance of a Certificate of Occupancy.

Use of Development Fees:

COAH regulations permit the use of revenues collected from a Development Fee Ordinance for any activity approved by COAH that addresses a municipal fair share obligation. Such activities include, but are not limited to: rehabilitation, new construction, regional contribution agreements, purchase of land for low and moderate income housing, improvement of roads and infrastructure to low and moderate income housing sites, assistance designed to render units more affordable and the administrative costs of housing plan implementation.

The latter two items have specific limitations set by COAH. No more than 20 percent of fee revenues may be expended for administrative costs. At least 30 percent of fee revenues must be used for affordability assistance activities. Examples of assistance to render units more affordable include, but are not limited to: down payment assistance, low interest loans, rental assistance, and payments to subsidize the acquisition of buy down units.

No more than 20 percent of the revenues collected from development fees may be expended on administration. Administrative costs include, but are not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a rehabilitation program, a new construction program, a regional contribution agreement, a housing element, an affirmative marking program, a mortgage buy down program and accessory apartment program. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units and compliance with COAH monitoring requirements. Development fees may not be used to defray the cost of existing staff.

Randolph Township (Morris County) acknowledges and understands that development fees will only be utilized for eligible activities as per N.J.A.C. 5:93-8.15.

Randolph Township anticipates the following use of development fees:

Total Funds Available$736,000.00
20% Administrative Costs$147,200.00
30% to be used to render units more affordable by developing the following types of programs:$220,800.00
Down payment assistance, low interest loans, and rental assistance 
50% land acquisition, improvement, and construction including purchase and sale of property in foreclosure, if purchased and sold for the purpose of maintaining the property as an affordable housing unit$368,000.00

Dated: July 31, 2003

D. Accepting Spending Plan Recommendations for COAH Units to be Generated by Allies, Inc.

R-122-09

WHEREAS, Randolph is in the process of entering into a Memorandum of Understanding with Allies, Inc. to provide supportive shared living housing for developmentally disabled residents; and

WHEREAS, Allies, Inc. will purchase two (2) three-bedroom townhouses within the boundaries of Randolph Township generating a COAH credit of not less than four (4) and up to six (6) units; and

WHEREAS, Allies, Inc. has requested a grant of $45,000.00 per COAH credit generated by the acquisitions for a minimum of $180,000.00 and a maximum of $270,000.00 from the Randolph Township Affordable Housing Trust Fund; and

WHEREAS, the expenditure of funds from the Affordable Housing Trust Fund for such purpose is consistent with the Amended Development Fee Spending Plan adopted by the Township Council on July 31, 2003, and approved by COAH on August 27, 2003.

NOW, THEREFORE, BE IT RESOLVED that the Finance Director shall be authorized to encumber a maximum of $270,000.00 and to disburse funds for the project from the Township Affordable Housing Trust Fund in accordance with the executed and approved Memorandum of Understanding.

BE IT FURTHER RESOLVED that a copy of this resolution shall be provided to the Finance Director and a second copy shall be mailed to the attention of Lucy Voorhees, Executive Director of COAH, said mailing to include the above referenced Memorandum of Understanding.

E. Accepting Spending Plan Recommendations for COAH Units to be Generated by the Morris Habitat for Humanity at 42 Bennett Avenue (E.A. Porter Project)

R-123-09

WHEREAS, the Township of Randolph is currently the owner of certain real property known as the E.A. Porter Site which is available for development for housing purposes in partial satisfaction of the Township’s COAH obligation; and

WHEREAS, Morris Habitat for Humanity (“Habitat”) is desirous of accepting a donation of said Township owned property for the purpose of constructing approximately twenty-five (25) for sale units for twenty-five (25) households that qualify as very low, low and/or moderate income families as set forth hereinafter in accordance with the provisions of the New Jersey Fair Housing Act as administrated by COAH; and

WHEREAS, the Township and Habitat are in the process of entering into Memorandum of Understanding (“MOU”), which specifies the responsibilities of both entities in achieving the 25 households; and

WHEREAS, the Township will provide funding not to exceed $235,015.00 for Administrative Costs including surveys, environmental site investigation/assessment, environmental studies, site design, architectural design, permitting, approval, etc., all in accordance with the MOU (“Township Obligations”); and

WHEREAS, any funds remaining after the satisfaction of the Township Obligations, which shall also include site remediation so as to achieve the issuance of a No Further Action letter from the NJ Department of Environmental Protection, shall be provided by the Township of Randolph to Habitat in the form of construction grants in accordance with the MOU; and

WHEREAS, the expenditure of funds from the Affordable Housing Trust Fund for such purpose is consistent with the Amended Development Fee Spending Plan adopted by the Township Council on July 31, 2003, and approved by COAH on August 27, 2003.

NOW, THEREFORE, BE IT RESOLVED that the Finance Director shall be authorized to encumber a maximum of $946,860.00 and to disburse funds for the project from the Township Affordable Housing Trust Fund in accordance with the executed and approved Memorandum of Understanding.

BE IT FURTHER RESOLVED that a copy of this resolution shall be provided to the Finance Director and a second copy shall be mailed to the attention of Lucy Voorhees, Executive Director of COAH, said mailing to include the above referenced Memorandum of Understanding.

F. Authorizing Award of Professional Services Agreement to EcolSciences, Inc. to Provide Preliminary Assessment/Site Investigation at 42 Bennett Avenue—$20,000.00

R-124-09

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

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

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

WHEREAS, EcolSciences, Inc. has indicated they will provide the Preliminary Assessment/Site Investigation for Block 195, Lot 10, 42 Bennett Avenue, for an amount not to exceed $20,000.00; and

WHEREAS, EcolSciences, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that EcolSciences, Inc. has 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 EcolSciences, Inc. from making any reportable contributions through the term of the contract; 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 EcolSciences, Inc. 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 2, 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 will be available in the Housing Trust Fund to award a contract to EcolSciences, Inc. for Preliminary Assessment/Site Investigation for Block 195, Lot 10, 42 Bennett Avenue, in the amount not to exceed $20,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

G. Authorizing Award of Professional Services Agreement to Jaman Engineering Associates Not to Exceed $7,650.00 for Boundary Survey, Topographic Survey, Wetlands Surveying, Flood Hazard Mapping at 42 Bennett Avenue—$17,500.00

R-125-09

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

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

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

WHEREAS, Jaman Engineering Associates has indicated they will provide the Professional Surveying Services with regard to Block 195 Lot 10, Bennett Avenue, for an amount not to exceed $7,650.00; and

WHEREAS, Jaman Engineering Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Jaman Engineering Associates has 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 Jaman Engineering Associates from making any reportable contributions through the term of the contract; 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 Jaman Engineering Associates 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 2, 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 will be available in the Housing Trust Fund to award a contract to Jaman Engineering Associates for Professional Surveying Services for Block 195, Lot 10, 42 Bennett Avenue, in the amount not to exceed $7,650.00.

________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing Award of Professional Services Agreement to Environmental Technologies, Inc., to Provide Wetlands/Flood Hazard Area Delineation Services at 42 Bennett Avenue—$4,000.00

R-126-09

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

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

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

WHEREAS, Environmental Technologies, Inc. has indicated they will provide the Wetlands/Flood Hazard Area Delineation Services, Block 195, Lot 10, Bennett Avenue, for an amount not to exceed $4,000.00; and

WHEREAS, Environmental Technologies, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that Environmental Technologies, Inc. has 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 Environmental Technologies, Inc. from making any reportable contributions through the term of the contract, 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 Environmental Technologies, Inc. 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 2, 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 will be available in the Housing Trust Fund to award a contract to Environmental Technologies, Inc. for Wetlands/Flood Hazard Area Delineation Services for Block 195, Lot 10, 42 Bennett Avenue, in the amount not to exceed $4,000.00

________________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing Mayor to Sign Agreement with Trinity Recycling for the Recycling of Mixed Paper From March 1, 2009, to February 28, 2014

R-127-09

WHEREAS, the need exists to enter into a contract with Trinity Recycling of NJ for the recycling of mixed paper for a contract period from March 1, 2009, through February 28, 2014; and

WHEREAS, NJSA 40A:11-5(1)s states that the marketing of recyclable materials recovered through a recycling program may be negotiated and awarded by the governing body without public advertising for bids and bidding therefore shall be awarded by resolution of the governing body; and

WHEREAS, the Health Officer contacted other vendors but none have facilities near this area; and

WHEREAS, by this resolution, the Mayor is authorized to sign the recycling agreement with Trinity Recycling of NJ for a contract period from March 1, 2009, through February 28, 2014.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Trinity Recycling of NJ and the contracts be signed by the Mayor.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 2, 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 2009 Budget, Recycling, Other Expense, to award a contract to Trinity Recycling of NJ for the Recycling of Mixed Paper in the amount per contract on file in the Township Manager’s Office.

________________________
Michael J. Soccio
Chief Financial Officer

J. Social Affair Permit, Randolph Chemical Engine Company #2, 340 Route 10 West, Randolph, NJ, on May 9, 2009, From 6:00 p.m. to 9:00 p.m.

DISCUSSION ITEMS

(1) The Ridge at Randolph (Nitti) Water Improvements

Manager Lovell noted that this project has been in development for many years. Initially the project was to have public water. However, there is now a moratorium on water connections through the MCMUA and the NJ DEP is not issuing permits for water extensions for connections to the water system. The developer for this project returned to the Planning Board a year ago seeking amendments to his project proposal, and he recently met with the Township Manager and Councilmen Napoliello and Algeier to share concerns about the direction of the project. The original agreement called for the following:

  • All houses were to have public water
  • The developer would share in half the cost of the Everdale Road water line project
  • Developer would build water on Pierson Hill from Everdale to Skyline
  • Developer would extend water up the entire length of Skyline

The new agreement would consist of the following:

  • Elimination of the Everdale Road contribution ($175,000.00)
  • Developer will immediately seek DEP permits to develop an eight inch fire line down Pierson Hill and Skyline with hydrants
  • There will be no water connection for houses, instead there will be a fire line
  • The fire line provides protection for the homes and gets around the moratorium
  • The fire line also puts in place a water line in the event the homes experience well failure or other problems with water
  • If the fire line is approved, the developer will not put in water storage tanks since they would no longer be needed
  • The developer will be required to post all performance guarantees for the fire line on Pierson Hill and Skyline prior to the Council approving a developer agreement
  • The developer will immediately file in front of the Planning Board for the entire project

The Manager noted that the developer has gotten past the scarce resource water issue with COAH and the Highlands and is in a position to move forward with this project. While there will be homes on this property, Randolph was still able to protect the Mill Brook Valley, a piece of land was added to the open space inventory along the Mill Brook, there won’t be massive lot clearing of trees for the homes, and the high point of the ridge has been protected from development.

Councilman Napoliello made a motion indicating the proposal outlined in Council Letter 8-09 is acceptable and that Mr. Kaplan, the project developer, should proceed back to the Planning Board. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT FROM VOTE: Councilman Algeier

(2) Architect Selection—Calais Road Community Center

Manager Lovell noted that John Van Brunt has been accepting and reviewing proposals from various architects for the design of the Calais Road Community Center. The Manager suggested a Council sub-committee to interview the two finalists in order to make a final recommendation to the Council.

Councilman Obremski and Deputy Mayor Alpert volunteered to be on the sub-committee.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that two bears were sited in a tree on Shongum Road. Mrs. Stewart commented that the meeting minutes now contain a notation of the times when Council moved into Executive Session and when they return to Open Session. She finds this information useful.

Maria Martorana, 1 Wilkeshire Boulevard, asked when the ordinance concerning parking around Shongum School will go into effect.

Manager Lovell responded that the ordinance should be adopted in May and will become law twenty days after adoption. Signs will be posted in late June and the regulations will be in effect in September for the start of the new school year.

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

COUNCIL AND MANAGER COMMENTS

Councilwoman Price noted that the Board of Health has talked about the health risks of smoking in the past. She also noted that there is precedent from state and national parks that have banned smoking. The Councilwoman made a motion to refer this issue to the Township Attorney to draft an ordinance that would ban smoking in Randolph parks.

Councilman Obremski stated that, rather than voting on a blanket ban of smoking, he would like more details before directing the attorney to draft such an ordinance, such as enforcement, what is defined as a park, etc.

Councilwoman Mitsch stated she would also like to see more information on existing ordinances for exterior parks.

Deputy Mayor Alpert noted that such a law would be virtually unenforceable and doesn’t believe Randolph has the resources to police the parks and catch people smoking cigarettes.

Councilwoman Price noted that the law would be enforced the same way they are enforced for alcohol consumption in the parks.

Councilman Napoliello noted that cigarettes are not illegal and smokers have rights just as non-smokers do.

Councilman Algeier noted that alcohol use leads to rowdy behavior and cigarette smoking does not. He does not support a ban on smoking in the parks. He believes the ordinance is being driven by the annoyance people feel when smelling cigarette smoke rather than by a legitimate health issue.

Mayor Metz suggested proposing non-smoking sections of parks, however he agreed more information was needed before introducing such an ordinance.

Manager Lovell suggested directing the Health Officer to obtain sample ordinances to see how they are written.

Councilman Obremski asked that the Board of Health address the health issues associated with smoking in outdoor areas as a starting point.

Councilman Napoliello asked the Manager and Assistant Manager to be sure to put his name back on the next issue of the Randolph Quarterly newsletter.

Mayor Metz recounted his efforts in moving his office to a new location and suggested the Building Department develop a list of required permits and their associated costs to make it easier for other businesses moving into town.

Manager Lovell responded that various departments are already restructuring the way in which they do business and are developing methods to be more user-friendly for the public. The Manager apologized to Councilman Napoliello for his name being omitted from the Quarterly newsletter and assured him it would appear in the next issue.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Deputy Mayor Alpert made a motion to adjourn the meeting. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

The Mayor adjourned the meeting at 9:15 p.m.

_____________________________
Donna Marie Luciani
Township Clerk