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

Minutes: April 3, 2008

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Napoliello. 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 December 11, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

PRESENT:
Councilman Algeier (arrived 9:05 p.m.)
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

Also Present: Township Manager John Lovell and Township Attorney Edward Buzak (arrived 8:45 p.m.)

FLAG SALUTE LED BY THE BOY SCOUTS OF AMERICA

PRESENTATION OF PROCLAMATION PRESENTED TO MT. FREEDOM JEWISH CENTER IN RECOGNITION OF RANDOLPH BLOOD DONATION WEEK

Mayor Napoliello read the following proclamation into the record:

WHEREAS, according to the American Red Cross, every two second someone in the United States needs blood; and

WHEREAS, only five percent of the eligible U.S. population donates blood in any given year; and

WHEREAS, blood is needed for emergencies and for people who have cancer, blood disorders, sickle cell anemia, and other illnesses; and

WHEREAS, being a blood donor is safe, easy and convenient, ensures that blood is there when you or someone close to you may need it, and it allows you to potentially save up to three lives with just one donation; and

WHEREAS, the Mount Freedom Jewish Center, located at 1209 Sussex Turnpike, Randolph, New Jersey, is undertaking a comprehensive local blood drive in cooperation with Morristown Memorial Hospital to build community awareness of the acute medical need for blood, emphasizing the simplicity of satisfying that need through voluntary public donation; and

WHEREAS, the Mount Freedom Jewish Center blood drive will take place at the Center on Sunday, April 13, 2008, commencing at 9:30 a.m.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Randolph, County of Morris, in the State of New Jersey, that it hereby recognizes the importance of supporting the Mount Freedom Jewish Center blood drive on Sunday, April 13, 2008, and proudly designates the week of April 6 - April 13, 2008, as Randolph Blood Donation Week, asking all eligible residents to consider donating blood to help save lives.

PRESENTATION OF PROCLAMATION PRESENTED TO SCOUTS IN HONOR OF SCOUTING ANNIVERSARY WEEK

Mayor Napoliello read the following proclamation into the record:

WHEREAS, the success of scouting for Cub Scouts, Boy Scouts, Explorers, and Venturing depends on our community organizations; and

WHEREAS, there are 505 churches and synagogues, schools and parent-teacher associations, service and fraternal clubs, and other community organizations that have been chartered in our area by the Boy Scouts of America to use the scouting program; and

WHEREAS, the volunteer leaders selected by these chartered organizations are performing an outstanding service for 18,871 boys and young men and women; and

WHEREAS, the Patriot’s Path Council of the Boy Scouts of America and its corps of dedicated volunteer leaders are providing necessary support to the leaders in the 6,236 Cub Scout Packs, Boy Scout Troops, Explorer Posts, and Venture Crews.

NOW, THEREFORE, BE IT RESOLVED that I, Allen Napoliello, Mayor of Randolph Township, County of Morris, New Jersey, on behalf of the Town Council, proclaim the week of February 2-9, 2008, as Scouting Anniversary Week and urge our citizens to join with me in expressing appreciation to the community organizations and their volunteer scouting leaders for bringing this values-based program to our young people.

PRESENTATION BY SCOUTS

A representative from the Boy Scouts stated that Randolph has 4 Cub Scout packs, 4 Boy Scout troops, and two venture crews serving over 300 young people throughout the year with over 100 volunteers. Many of the scouts attaining the rank of Eagle Scout have done work for the community as their service project.

Mayor Napoliello presented a Randolph Township flag to the scouts.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Manager Lovell expressed appreciation for the scouts in attendance and noted that knowing about your local government is very important. The Manager reported that he attended a meeting dealing with shared services for county-wide animal control. He reported that the county is working on a plan for shared services where Randolph would be a major player. Manager Lovell asked for two council members to serve on a committee concerning this issue.

Councilman Obremski and Councilman Alpert agreed to serve on the committee.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #4-08: Authorizing Acceptance of a Deed of a Road Dedication From Richter Street

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DEED OF ROAD DEDICATION FROM RICHTER STREET PROPERTY, LLC, ACROSS A PORTION OF LOT 24 IN BLOCK 201 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance deals with the acceptance of a road dedication for a cul-de-sac for part of a subdivision.

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

Judith Stewart, 114 Everdale Road, noted that copies of the ordinances were available for the public to review.

Seeing no one further, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DEED OF ROAD DEDICATION FROM RICHTER STREET PROPERTY, LLC, ACROSS A PORTION OF LOT 24 IN BLOCK 201 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Algeier

(2) Ordinance #5-08: Amending Appendix A, Fee Schedule, and Article II, Rules and Regulations, Regarding Permitting Fees at Parks

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 34-36 AND APPENDIX A OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REGULATE THE USE OF PICNIC PAVILIONS, PARK AREAS AND RECREATION AREAS AND TO ESTABLISH A FEE FOR THE WEEKDAY USE OF PICNIC PAVILIONS” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance updates the fee schedule for Parks and Recreation, specifically the use of parks and picnic pavilions.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 34-36 AND APPENDIX A OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REGULATE THE USE OF PICNIC PAVILIONS, PARK AREAS AND RECREATION AREAS AND TO ESTABLISH A FEE FOR THE WEEKDAY USE OF PICNIC PAVILIONS” 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. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

(3) Ordinance #6-08: Rezone Certain Properties and Amend Land Use Ordinance—PO/R and B1 Zone Standards

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 76, LOTS 7 AND 8, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT TO THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT, TO INCREASE THE FLOOR AREA RATIOS IN THE B-1 NEIGHBORHOOD BUSINESS DISTRICT AND IN THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT, AND TO DELETE THE MAXIMUM STRUCTURE SIZE RESTRICTION IN THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT” be read by title on second reading and a hearing held thereon.

Manager Lovell provided a summary of the recent zone changes to the property, the application for a day care center that was in front of the Planning Board and eventually denied, and the litigation and proposed settlement that prompts the rezoning.

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

Dale Newton, 10 Clear View Drive, expressed his concern that a day care center could still be built on the property if it returns to professional office zoning. He also noted that traffic is a major concern at that intersection.

Judith Stewart, 114 Everdale Road, asked if a day care center would be a legal use under the new zoning. If a day care center is allowed, she believes the settlement agreement should state specifically that an office building can not be turned into a day care center without going before the Board of Adjustment.

Maryann Smallwood, 3 Johnson Place, believes that changing the zoning to professional office will impact the quality of life for neighbors, endanger children in the area waiting at the bus stop, impact home values in the area, and the safety of drivers on the road. Mrs. Smallwood urged the council to reconsider changing the zoning.

David Curtis, 10 Olde York Road, stated that traffic is an issue at that intersection. He believes that an office building on that site will severely limit any possible DOT improvements to the jug-handle in that area.

Tim Freeman, 10 Lookout Road, asked if any analysis had been done on the ramifications of this zone change to other properties in Randolph which currently have this zoning designation. He asked if changing the zoning in order to settle a single legal action was an unusual solution.

Manager Lovell responded that it is not unusual in light of the fact that most of the PO/R zones are already developed and there are a limited number of lots remaining that are undeveloped or underdeveloped at this time.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 76, LOTS 7 AND 8, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT TO THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT, TO INCREASE THE FLOOR AREA RATIOS IN THE B-1 NEIGHBORHOOD BUSINESS DISTRICT AND IN THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT, AND TO DELETE THE MAXIMUM STRUCTURE SIZE RESTRICTION IN THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT” 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.

Township Attorney Buzak stated for the record that the Planning Board has reviewed this proposed ordinance, they find it not inconsistent with the Master Plan, and looks upon the ordinance favorably. There were no proposed changes. Proper notice was given to the Morris County Planning Board. The Township Clerk received confirmation that the public hearing notice was received by them on March 12, 2008, for the hearing tonight and that all other notice requirements have been met.

Councilwoman Mitsch made a motion to adopt the ordinance. Councilman Alpert seconded the motion.

Deputy Mayor Metz believes that with the settlement there will not be a day care center at the site. The impact to traffic in the area would be greater with a day care center. The council recognizes that it is a horrible intersection.

Councilwoman Mitsch stated that she sat on the Planning Board for the entirety of the day care application. The concerns expressed by the residents are valid. However, the town would be at the mercy of a judge if the case were to go to court, and there was no guarantee of the outcome. Councilwoman Mitsch believes this ordinance is a compromise where the town gets a use at the site that is less intense and less of an impact for traffic and safety.

The following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

(4) Ordinance #7-08: Amend Bond Ordinance #22-06—Acquisition of Land for Open Space—Appropriating $3,300,000.00

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 NUMBERED 22-06, FINALLY ADOPTED SEPTEMBER 7, 2006, AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $3,300,000.00 AND AUTHORIZING THE ISSUANCE OF $3,130,000.00 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this bond ordinance will appropriate $3.3 million for the township to use for open space acquisitions, both now and in the near future.

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

Tim Freeman, 10 Lookout Road, asked if there were any restrictions that put a cap on the amount of bonds which can be issued for open space purchases.

Manager Lovell responded that our debt service is funded through the open space trust. The township projects the capability of the open space trust to handle present and future debt service. The township is restricted on the amount that it can bond, and Randolph is well below that number.

Seeing no one further 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 NUMBERED 22-06, FINALLY ADOPTED SEPTEMBER 7, 2006, AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $3,300,000.00 AND AUTHORIZING THE ISSUANCE OF $3,130,000.00 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.

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

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

NAYS: None

ABSENT: Councilman Algeier

(5) Ordinance #8-08: Amend Land Use Ordinance—Parking Standards for Non-Residential Properties

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE SUPPLEMENTING AND AMENDING SECTIONS 15-2.2 AND 15-50.2 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF DEFINITIONS FOR CERTAIN NONRESIDENTIAL LAND USES AND BY ADJUSTING THE OFF-STREET PARKING REQUIREMENTS FOR NONRESIDENTIAL LAND USES” be read by title on second reading and a hearing held thereon.

Manager Lovell that this ordinance was recommended by the Planning Board and represents a change to parking standards for commercial and industrial properties within Randolph Township. There has been discussion at the Planning Board concerning one of the standards and the board was split on how to respond to the issue. The Manager suggested adopting the ordinance as presented and, if the council wishes, address the standard in question at a later time after greater analysis.

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

Judith Stewart, 114 Everdale Road, stated that she believes there is not enough parking allotted in the restaurant standards. Mrs. Stewart also questioned the definitions and standards pertaining to the intermediate school compared to the elementary schools and high school. Mrs. Stewart also suggested adding pervious parking standards into the ordinance.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE SUPPLEMENTING AND AMENDING SECTIONS 15-2.2 AND 15-50.2 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF DEFINITIONS FOR CERTAIN NONRESIDENTIAL LAND USES AND BY ADJUSTING THE OFF-STREET PARKING REQUIREMENTS FOR NONRESIDENTIAL LAND USES” 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.

Township Attorney Buzak noted that the Morris County Planning Board sent confirmation that they did receive notice of this ordinance and the public hearing held tonight. They also confirmed that the notice was served appropriately and within the time period set forth in the statute. There is a recommendation from the Planning Board, they find it to be not inconsistent with the Master Plan, and looks favorably upon the ordinance with the exception of the parking requirements providing for one space per every 2.5 seats rather than the amended one space for three seats. Since this ordinance provides for one parking space for every three seats and because the Planning Board has recommended against that, if the council is going to adopt this, they should immediately after adoption set forth on the record the reasons that they are adopting it contrary to the Planning Board’s recommendation.

Manager Lovell read an email provided by Darren Carney, the Planning and Zoning Administrator, into the record.

“The Planning Board reviewed the above referenced ordinance at its meeting of March 17, 2008, and does not find it inconsistent with the Master Plan. The Board consensus was that it generally looks favorably upon the ordinances with the only exception being the Board recommends the parking requirement for restaurants remain at 1 per 2.5 seats rather than be amended to1 per 3 seats as per the proposed ordinance. Should the Council wish to have the parking ratio at 1 per 2.5, Ed should advise as to whether the ordinance can be amended or whether it will need to be reintroduced. If the Council would like further information on parking standards and the existing ratios at restaurants in the township, please let me know and I’ll prepare an additional report prior to the April 3rd hearing.”

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

AYES:
Councilman Algeier
Councilman Algeier stated that he is a member of the Planning Board and was involved in the debate over the parking issue. He believes once the Planning Board hears more details, their concerns over parking will be assuaged. He also believes less impervious coverage is better for Randolph. These standards are a minimum, and if a business owner feels he needs more spaces for his clientele, he will provide for that in his application.

Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello
Mayor Napoliello stated that he was on the Planning Board and voted for the one space for every 2.5 seats. However, there was a lot of confusion at the meeting, coupled with incomplete attendance. He is changing his vote tonight.

NAYS: None

B. Introduction

(1) Capital Ordinance—$196,000.00—Police Equipment, Energy Audit Improvements

Manager Lovell stated that ordinance needed tools for the police department as well as energy improvements. This is cash ordinance, and the council is not authorizing any debt in connection with this ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2008 CAPITAL IMPROVEMENTS APPROPRIATING $196,000.00, THEREFORE, INCLUDING $126,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND $70,000.00 FROM CAPITAL SURPLUS” 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 1st of May, 2008, 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 Alpert made a motion to introduce the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Bond Ordinance—$470,000.00—Authorizing $470,000.00 in Debt For Fire and Police Equipment and Telephone System

Manager Lovell summarized the items to be purchased with this ordinance. The council would be bonding $420,000.00 with this ordinance, which will hopefully be fast-tracked and paid off in five years or less.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $470,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $420,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

(3) Amend Land Use and Development Ordinance—Solid Waste and Recyclables

Manager Lovell stated that this ordinance is required as a result of the county solid waste plan.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 15-73, SOLID WASTE AND RECYCLABLES, OF THE LAND USE AND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

(4) Amend and Supplement Chapter 42, Solid Waste Management

Manager Lovell stated that towns within Morris County must amend their ordinances to comply with the Morris County solid waste management plan and urged the council to move forward with this ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 42, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

(5) Amending and Supplementing Article 3, Division 10, “Department of Police”

Manager Lovell summarized the changes to the police department ordinance and urged the council to move forward with the introduction of the ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND REPLACING DIVISION 10, ‘DEPARTMENT OF POLICE,’ OF ARTICLE 3, ‘GENERAL ADMINISTRATIVE ORGANIZATION,’ OF CHAPTER 2, ‘ADMINISTRATION,’ OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

COMBINED ACTION RESOLUTIONS

Deputy Mayor Metz made a motion to approve the Combined Action items. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refunds/Adjustment Resolutions

(1) Refund Overpayment for Tax Year 2007 for Block 195, Lot 12, to John Dusenbery Co.—$13,230.00

R-117-08

WHEREAS, John Dusenbery Co., Inc., has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 195, Lot 12, known as 220 Franklin Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $13,230.00; 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 $13,230.00 to John Dusenbery Co., Inc.

(2) Refund Overpayment for Tax Year 2007 for Block 5, Lot 24, to Tulfra Realty—$14,888.16

R-118-08

WHEREAS, Tulfra Realty has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 5, Lot 24, known as 35 Righter Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $14,888.16; 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 $14,888.16 to Tulfra Realty.

(3) Refund Overpayment for Tax Year 2006 for Block 195, Lot 12, to Dusenbery Co.—$7,075.00

R-119-08

WHEREAS, John Dusenbery Co., Inc., has been granted a reduction in assessed valuation for the tax year 2006 by the Tax Court of New Jersey on Block 195, Lot 12, known as 220 Franklin Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $7,075.00; 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 $7,075.00 to John Dusenbery Co., Inc.

(4) Refund Overpayment for Tax Year 2007 for Block 195, Lot 11, to YSI II, LLOC—$11,760.00

R-120-08

WHEREAS, YSI II, LLC, has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 195, Lot 11, known as 242 South Salem Street; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $11,760.00; 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 $11,760.00 to YSI II, LLC.

(5) Refund Outside Tax Sale Certificate #1872 for Block 201, Lot 67, to Jesse Wolosky—$1,349.97

R-121-08

WHEREAS, Outside Tax Sale Certificate #1872 held by Jesse Wolosky, assessed to Deutsch Bank National CO Trust, Block 201, Lot 67, 41 Shongum Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,249.97, and premium in the amount of $100.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $1,349.97 to Jesse Wolosky, holder of Tax Sale Certificate #1872.

(6) Refund Registration Fee for Teen Travel Camp to Mr. and Mrs. Barbera—$725.00

R-122-08

WHEREAS, Mr. and Mrs. Barbera registered their child for Teen Travel Camp and paid the fee of $825.00; and

WHEREAS, their child will not be attending the Teen Travel Camp due to personal conflicts.

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 $725.00 be refunded to Mr. and Mrs. Barbera, 41 Morey Lane, Randolph, NJ 07869.

(7) Refund Escrow Funds for Police Detail to MCSSADA for $355.00

R-123-08

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 refunded:

MCSSADA $355.00

B. Release of Soil Movement Bond for 5 Middlebury Boulevard, Block 18.02, Lot 10, to Dickerson and Dickerson—$10,000.00 Plus Accrued Interest

R-124-08

WHEREAS, the Engineering Department has received a request from Dickerson & Dickerson, LLC, for the release of a soil movement bond posted for soil movement at 5 Middlebury Boulevard, Block 18.02, Lot 10; and

WHEREAS, the cash bond was received and deposited with the Finance Department on October 12, 2006, to ensure the completion of all soil movement associated with Block 18.02, Lot 10; and

WHEREAS, the Engineering Department has inspected the property and found that all soil movement work has been satisfactorily completed.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Steve Bury, Township Engineer, that the cash bond in the amount of $10,000.00 plus accrued interest be released to Dickerson & Dickerson, LLC, 25-27 Dickerson Street, Dover, NJ 07801.

C. Release of Performance Guarantee for Public Improvements for the Preserve at Randolph to K Hovnanian Companies—$22,961.40 Performance Bond and $22,096.14 Plus Accrued Interest

R-125-08

WHEREAS, the Engineering Department has received a request from K Hovnanian Companies for the release of the performance guarantee for public improvements for the Preserve at Randolph Subdivision; and

WHEREAS, the original Performance Guarantee consisting of a performance bond in the amount of $805,720.12 and a cash bond in the amount of $89,524.46 which was received and deposited with the Finance Department on February 12, 2004; and

WHEREAS, the performance bond was reduced on December 1, 2004, revising the required performance bond to $22,961.40 and also reducing the required cash bond to $22,096.14; and

WHEREAS, the developer has submitted the required maintenance bond which has been reviewed and approved by the Township Attorney; and

WHEREAS, the Engineering Department has inspected the site and found all public improvements 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 Steve Bury, Township Engineer, that the Performance Bond No. 8725517 and Cash Bond in the amount of $22,096.14 plus accrued interest be refunded to K Hovnanian Companies, 110 Fieldcrest Avenue, CN 7825, Edison, New Jersey 08818.

D. Increasing Municipal Court’s Change Fund From $200.00 to $300.00

R-126-08

WHEREAS, the Municipal Court has requested that their Change Fund be increased from $200.00 to $300.00; and

WHEREAS, it is recommended by the Director of Finance that the Municipal Court’s Change Fund be increased to $300.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to increase the Municipal Court’s Change Fund by $100.00.

E. Authorizing Purchases From MCCPC #16 Office Supplies From Vendor as Needed—Not to Exceed $35,000.00

R-127-08

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #16, Office Supplies, from vendors as needed for all departments in the township; and

WHEREAS, these purchases will not exceed $35,000.00.

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 purchase from Morris County Cooperative Pricing Council Contract #16 as needed for all departments in the township.

F. Authorizing Purchases from NJ State Contract #T0106 Using Various Vendors as Needed for all Departments—Not to Exceed $17,000.00

R-128-08

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0106 for Police and Homeland Security Equipment and Supplies from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $17,000.00.

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 purchase from New Jersey State Contract #T0106 using various vendors as needed for all departments in the township.

G. Authorizing Award for Printing Services to Various Printing Companies

R-129-08

WHEREAS, the Township of Randolph wishes to award a contract for Printing Services for a contract period of one (1) year (February 1, 2008 - January 31, 2009); and

WHEREAS, bids have been advertised and received on March 11, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Graphicolor Corp., Vineland, New Jersey, was low bidder for Items #19b, 19d, 19f, 19h, 19i, 19j, and 20j; BP Services, Elmwood Park, New Jersey, was low bidder for Items #20b, 20d, 20f, 20g, 20h, 20i, 24, 25, 26, 28 and 29; Pinnacle Graphics, Morris Plains, New Jersey, was low bidder on Items #19a, 19c, 20a, 20c and 20e; and Hawk Graphics, Mt. Freedom, New Jersey, was low bidder for the remaining 18 items.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above for printing services for the Township of Randolph for the contract term February 1, 2008 to January 31, 2009.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 3, 2008

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 2008 Budgets to award a contract to Graphicolor Corp., Pinnacle Graphics, and Hawk Graphics for printing services as per contract on file in the Township Manager’s Office.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing a One-Year Extension on Existing Electrical Services With LB Electric

R-130-08

WHEREAS, a contract was awarded to LB Electric Co., LLC, on May 1, 2007, for Electrical Services on an as-needed basis, with the option to extend for a second year; and

WHEREAS, the Township of Randolph and LB Electric Co., have both agreed to exercise the right to extend the contract for an additional twelve-month period.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contact be awarded to LB Electric Co., Landing, New Jersey, for the contract period May 1, 2008 - April 30, 2009.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 3, 2008

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 2008 Budgets to award a contract to LB Electric Co., LLC, for electrical services as per contract on file in the Township Manager’s Office.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Rejecting Bids for 2008 Fireworks Display From Garden State Fireworks

R-131-08

WHEREAS, bids were accepted on March 19, 2008, for 2008 Fireworks Display; and

WHEREAS, five bid packets were mailed and one bid was received from Garden State Fireworks, Millington, New Jersey; and

WHEREAS, Garden State Fireworks neglected to include their Hold Harmless Agreement and their Acknowledgement of Revisions and Notices which were fatal flaws; and

WHEREAS, since the total bid was extremely under the bid threshold, there will be no formal re-bid but only a request for quotes.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that bids be rejected and a request for quotes will be issued.

J. Authorizing Award of Contract for Preparation of Developers’ Agreements and Review of all Performance Guarantees for Subdivisions and Site Plans to Anthony M. Bucco—Not to Exceed $17,500.00

R-132-08

WHEREAS, the Township of Randolph has a need to acquire Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appels, PC, 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, Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appels, PC, has indicated they will provide the preparation of developer’s agreements and review of all performance guarantees for subdivisions and site plans for an amount not to exceed $15,000.00; and

WHEREAS, Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appels, PC has completed and submitted a Business Entity Disclosure Certification which certifies that Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appels, PC, 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 Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appels, PC, 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 Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appels, PC 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 3, 2008

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 various escrow accounts to award a contract to Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appels, PC, for the preparation of developers’ agreements and review of all performance guarantees for subdivisions and site plans in the amount not to exceed $15,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. Authorizing Award for Robert Michaels & Associates to Provide General Planning Services—Not to Exceed $2,000.00

R-133-08

WHEREAS, the Township of Randolph has a need to acquire Robert Michaels & 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 in addition to other agreements shall 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, Robert Michaels & Associates has indicated they will provide the General Planning Services for $120.00 per hour in an amount not to exceed $2,000.00; and

WHEREAS, Robert Michaels & Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Robert Michaels & 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 Robert Michaels & Associates from making any reportable contributions through the term of the contract, and

WHEREAS, funds are available for this purpose.

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 3, 2008

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 2008 Budget, Planning, Other Expense, to award a contract to Robert Michaels & Associates for general planning services in the amount not to exceed $2,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

L. Approving 2008 Temporary Capital Budget

R-134-08

WHEREAS, the Township of Randolph desires to constitute the 2008 Temporary Capital Budget of the Township by inserting therein the Purchase of Various Capital Improvements.

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

Project	Estimated Cost	Capital Improvement Fund	General Bonds
No. 2 Temporary Capital Budget Township of Randolph County of Morris, New Jersey
Purchase of self-contained breathing apparatus for the Township Fire Department	$100,000	$10,000	$90,000
Purchase of a radio console and dispatcher system for the Randolph Township Police Department	$170,000	$10,000	$160,000
Replacement of the telephone system for the Randolph Town Hall, the Recreation Department and Department of Public Works	$200,000	$30,000	$170,000

M. Authorizing the Transference of a Liquor License From Il Villaggio to Nicole’s Ten

R-135-08

WHEREAS, Nicole’s Ten, LLC, (“Applicant”), age twenty one (21) or greater, has submitted a properly completed Retail Liquor License Application (“Application”), as provided by the New Jersey Division of Alcoholic Beverage Control (“ABC”), to transfer Liquor License No. 1432-33-001-010 (“Liquor License”) from Il Villaggio, Inc. (“Licensee”) to Applicant, including all appropriate supporting documents and affidavits of publication; and

WHEREAS, a police background check has been completed on Applicant, including a fingerprint check, with a determination of no criminal history; and

WHEREAS, the Applicant has disclosed information as to the source of funds for acquiring the Liquor License from the current Licensee satisfactory to Randolph Township; and

WHEREAS, the Applicant has submitted a notarized Affidavit of Transferee; and

WHEREAS, the Licensee has submitted a Consent to Transfer Liquor License; and

WHEREAS, the Applicant has represented in writing through counsel that the licensed premises are more than 600 feet from any school or church; and

WHEREAS, the New Jersey Department of the Treasury, Division of Taxation, has approved and issued an Alcoholic Beverage Licensee Clearance Certificate (Transfer); and

WHEREAS, the Township of Randolph has not received any objection to the transfer of the Liquor License to the Applicant; and

WHEREAS, all applicable requirements to transfer a liquor license per N.J.S.A. 33:1 et seq., N.J.A.C. 13:2-7.1 et seq., and the Township of Randolph Revised Ordinances 4-1 et seq. have been met, including the payment of all required fees.

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 Person-to-Person and Place-to-Place transfer of the Plenary liquor license No. 1432-33-001-010 from Il Villaggio, Inc. to Nicole’s Ten, L.L.C. is hereby authorized and approved.

2. All appropriate Randolph Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to affect the purpose of this Resolution.

3. This Resolution shall take effect immediately.

N. Raffles

(1) Social Affairs Permit, The Sturge-Weber Foundation, at Heritage Community Bank, 1268 Sussex Turnpike, Randolph, on May 29, 2008, from 7:30 p.m. to 9:30 p.m.

DISCUSSION

(1) 2008 Budget Draft II

Manager Lovell summarized Council Letter 14-08, highlighting the following points:

A breakdown of the cost of personnel, including salaries, workmen’s compensation, pension, retirement, etc.
The impact to the budget due to pension payments
The impact to the budget due to operating increases
Library obligations
Rising health insurance costs
Rising energy costs
Reserve for Uncollected Taxes
Reduced state aid
Revenues that support the budget

Manager Lovell summarized Council Letter 15-08, touching on the following points:

Expenditures not included in a comparison to 2007
OE budgets that are subject to fluctuation in response to external forces
OE budgets with higher levels of administrative control

Deputy Mayor Metz stated that in a year where the state is figuring so heavily in the increased budget, he would rather not pass additional increases to the tax payers.

Councilwoman Price expressed concern with cuts to the Economic Development Committee when one of the exercises undertaken by that committee is to try to attract and retain businesses in town and she urged restoration of funds in the budget.

(2) Ordinance 2-08—Budget Cap Hearing Date

Manager Lovell stated that Ordinance 2-08 should be amended to show tabling to April 17, 2008.

Councilwoman Mitsch made a motion to table the ordinance to April 17. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

OPEN TO PUBLIC

Tim Freeman, 12 Lookout Road, stated that he reviewed the budget documents presented by the Township Manager and found them to be carefully, thoughtfully, and prudently put together. However, in light of the fact that most economists feel a recession is imminent, he doesn’t feel the budget is a recession budget and asked the council to reconsider a budget that increases more than five percent over actual expenditures from 2007.

Seeing no one further, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Councilwoman Price thanked the Manager for putting the budget documents together.

Councilman Algeier apologized for arriving late to the meeting. He reported that he attended a Safety Committee Meeting and felt it was very productive. The Assistant Township Manager is the chair of that committee, and he will be reviewing recommended initiatives and begin implementation. One initiative in particular may require council support dealing with inspectors navigating icy walkways at homes when trying to complete their inspections. Councilman Algeier asked the Assistant Township Manager to provide a list of the initiatives to the council members for review. The Councilman also reported that the Township Manager’s daughter is working at his law firm as an intern. He had checked with the Township Attorney to make sure there were no conflicts with this arrangement.

Deputy Mayor Metz asked if the resignation of the Township Engineer will create a possible savings or if the position will be filled.

Manager Lovell responded that he is looking into either hiring a consultant part time or utilizing an engineer from another town part time would be a viable alternative.

Mayor Napoliello asked Councilwoman Mitsch for an update on the Environmental Commission’s discussions regarding the leaf collection program.

Councilwoman Mitsch responded that the committee will be meeting later in April.

EXECUTIVE

There was no Executive Session.

ADJOURNMENT

The Mayor adjourned the meeting at 10:40 p.m.

Donna Marie Luciani
Township Clerk