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

Minutes: August 5, 2010

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Alpert. 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 December 7, 2009, by emailing them the annual resolution adopted by the Council on December 3, 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 December 17, 2009.

PRESENT:
Councilman Algeier
Councilman Metz
Councilman Napoliello
Councilwoman Price
Deputy Mayor Mitsch
Mayor Alpert

ABSENT: Councilman Obremski

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

Mayor Alpert led the Pledge of Allegiance.

APPROVAL OF MINUTES

A. Regular Minutes:

(1) June 24, 2010

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

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

NAYS: None

ABSENT: Councilman Obremski

(2) July 1, 2010

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

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

NAYS: None

ABSTAIN: Councilman Algeier

ABSENT: Councilman Obremski

B. Executive Session Minutes:

(1) January 14, 2010

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

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

NAYS: None

ABSENT: Councilman Obremski

(2) January 21, 2010

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

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

NAYS: None

ABSENT: Councilman Obremski

(3) January 28, 2010

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

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

NAYS: None

ABSTAIN: Councilman Algeier

ABSENT: Councilman Obremski

(4) February 4, 2010

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

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

NAYS: None

ABSTAIN: Councilman Metz

ABSENT: Councilman Obremski

(5) February 20, 2010

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

AYES:
Councilman Algeier
Councilman Napoliello
Councilwoman Price
Mayor Alpert

NAYS: None

ABSTAIN:
Councilman Metz
Deputy Mayor Mitsch

ABSENT: Councilman Obremski

(6) March 4, 2010

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

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

NAYS: None

ABSTAIN: Councilman Metz

ABSENT: Councilman Obremski

(7) March 18, 2010

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

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

NAYS: None

ABSTAIN: Councilman Algeier

ABSENT: Councilman Obremski

(8) March 25, 2010

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

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

NAYS: None

ABSENT: Councilman Obremski

(9) April 6, 2010

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

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

NAYS: None

ABSENT: Councilman Obremski

(10) April 15, 2010

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

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

NAYS: None

ABSTAIN: Councilman Napoliello

ABSENT: Councilman Obremski

(11) April 29, 2010

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

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

NAYS: None

ABSENT: Councilman Obremski

(13) June 3, June 24, July 1, 2010

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

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

NAYS: None

ABSENT: Councilman Obremski

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reported that she saw a bear on her driveway recently. Mrs. Stewart asked the Manager if results were available from the past winter’s bear hunts.

Manager Lovell reported, in approximate numbers, that 20 deer were killed during the James Andrews hunt, 111 deer were killed during the Clyde Potts hunt, and 44 deer were killed during the Brundage/Cohn Farm hunt. The hunt at Clyde Potts will remain the same this upcoming hunting season. The hunt at James Andrews will be extended to hopefully improve that number.

Mrs. Stewart suggested hiring a consultant to find out why the deer seem to be having babies so late in the season this year.

Lee Whilden, 82 Radtke Road, asked about the composition of the new pavement put on Radtke Road and Shongum Road.

Manager Lovell responded that the product that was used, called super pave, is a denser compacting product that should have a longer life than the previously used product.

Mrs. Whilden commented that the contractor and crew did an excellent job.

A resident from Succasunna expressed his concerns regarding tree branches that are growing close to or on to either power lines or cable lines along Route 10. He has tried contacting all of the various utilities but has not been able to determine to what entity the lines belong. He asked the Township Council for their assistance in this matter.

Manager Lovell responded that Route 10 is a state highway and the NJ DOT has been running late this year on their maintenance projects. Mr. Lovell assured the resident that he will reach out to his contacts to try to get the matter resolved.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price thanked the Police Department and Recreation Department for their assistance during the Freedom Festival.

Councilman Napoliello reported that the Parks Committee has received complaints from residents who go to Randolph Lake regarding bad behavior from out-of-town daily guests at the lake, particularly during the July 4th weekend. Due to those complaints, out-of-town guests will not be allowed to purchase daily passes for the lake on weekends and holidays for the remainder of the season and signs have been posted to this effect. This policy will not affect out-of-town season passes. The Parks Committee has made a recommendation that this be only a temporary solution and that next season rates for non-residents be increased.

Mayor Alpert read the following into the record:

Fellow members of the Randolph Township Council, Township Manager John Lovell, Township Clerk Donna Luciani, and our fine residents: It is with a heavy heart that, following tonight’s council meeting, I will be resigning as the Mayor of Randolph Township and, accordingly, will not seek re-election this coming November. I have accepted a senior management position in the Department of Public Safety, Office of Emergency Management, with the Port Authority of New York and New Jersey. Regulations prohibit any political activity, including the holding of elected office.

My experience these past four years has been wonderful. I am sincerely proud to have served with such a terrific and ethical group of people who have held the best interests of our residents in the forefront of any decision making. I truly thank each and every one of you for your support and friendship.

I also thank my incredible wife Beth and terrific daughters Lauren, Rachel, and Stephanie for their love and support throughout the years.

Councilman Algeier thanked Mayor Alpert for his service to Randolph Township as both a volunteer and council member.

Councilman Napoliello thanked Mayor Alpert for his service and congratulated him on his new position.

Councilman Metz thanked Mayor Alpert for his service.

Manager Lovell echoed the sentiments of the Council and wished Mayor Alpert the best in his new position. The Manager was contacted by the new high school principal and was invited to attend a luncheon in August and he extended that invitation to members of the Council. Regarding a recent issue concerning developers fees, a meeting was held concerning the issue with ISP and the owner of ISP was pleased with the outcome and thanked the staff for working with him. Discussions are continuing with Mendham Township regarding shared services for police. Manager Lovell visited Randolph Park to see the new water feature in action and reported that it is a big success. While at the lake, the Manager was approached by several families expressing support for the new policy restricting non-resident daily passes on weekends and holidays. Quarterly revenue reports show a slight improvement over the same period last year, however revenue in the court division is still lagging. Manager Lovell suggested the Finance Committee meeting in September to begin charting a course for next year’s budget.

Councilman Algeier cited an article in the newspaper recently regarding shared services and indicating a secret deal was being discussed involving the DPW that would negatively impact Randolph residents. The Councilman asked Manager Lovell if there were any plans to use the Mendham DPW which would negatively impact Randolph residents.

Manager Lovell responded that he has no idea what the comments in the article were about. He stressed that no discussions have taken place with Mendham regarding shared services for public works. The Manager is aware that, at times, Randolph and the Mendhams share equipment to provide cost savings, and he also is aware that the county is looking to have municipalities take over some snow removal and maintenance issues for several county roads, however he is not aware of any discussions on either side regarding shared services for public works.

Councilman Algeier thanked the Manager for clarifying the situation.

Manager Lovell reiterated that the idea behind shared services is that both sides walk away with efficiencies and savings. Randolph is proud of their shared service efforts and will always be open with the public when shared service conversations take place with other communities.

Councilman Napoliello reported that he attended the ribbon cutting ceremony for the new water feature at Randolph Lake with Mayor Alpert and Deputy Mayor Mitsch. The Councilman noted that the children love the new water feature.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #15-10: Amending and Setting Fees for the Curbside Collection of Branches and Leaves

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 42-69 OF CHAPTER 42, SOLID WASTE MANAGEMENT, 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 summarized how the 2010 budget deliberations brought about the plan for this ordinance and how this ordinance would be implemented.

Councilman Napoliello noted that he is opposed to this ordinance and believes it to be a tax on the residents for a reduction of services. The Councilman suggested pulling the ordinance from the agenda, create a sub-committee to review the matter and suggest changes for next year.

Councilman Algeier expressed his opposition to the ordinance and suggested withdrawing the ordinance and looking for other solutions to the problem.

Councilman Algeier made a motion to withdraw the proposed ordinance. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

(2) Ordinance #16-10: Amending Parking Rules and Regulations Ordinance on Streets Near Shongum School

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING 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 read by title on second reading and a hearing held thereon.

Manager Lovell reported that this ordinance deals with safety issues for students walking to and from the Shongum School. Parking restrictions that had been put in place last year have been revisited after concerns were expressed by impacted residents. The Manager believes this ordinance to be a fair compromise between those groups asking for tighter restrictions and those asking for a lessening of restrictions.

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

Michael Guadagno, 2 Bryant Street, noted that the fire house in that area is a very busy polling place during the school board elections. Mr. Guadagno suggested that, if the parking restrictions are going to be implemented with this ordinance, that the Council consider moving several voting districts out of the fire house.

Manager Lovell responded that he will meet and discuss that issue with the Township Clerk.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING 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 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 Algeier asked if the parking restrictions could be suspended during Election Day.

Manager Lovell responded that the police department could issue an order and bag the signs for that day, as they often do for special events.

Councilman Algeier suggested the Superintendent or school principal for Shongum be given information regarding this ordinance and asked to forward that information to the parents. The Councilman reiterated that this ordinance is in response to concerns expressed by residents regarding safety.

Ron Harmetz, a volunteer at the Shongum Fire House, suggested increasing the number of voting machines in order to alleviate some of the chaos that occurred at the last school election.

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

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

NAYS: None

ABSENT: Councilman Obremski

(3) Ordinance #17-10: Amending Land Development Ordinance—COAH Unit Resale Controls

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-20.7.J. OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will bring Randolph into compliance with some of the COAH standards and regulations developed in recent months regarding the resale of units. It will also assist in keeping track and retaining COAH units in town for the future. Although the future of COAH is uncertain at this point, the Manager believes it is in Randolph’s best interest to protect these units for the future.

Mr. Buzak stated that, although the future of COAH is not known, he believes there will still be some kind of affordable housing obligations for municipalities in the future and that the adoption of this ordinance will benefit Randolph in the long term.

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

Lee Whilden, 82 Radtke Road, stated that she understands that the Township is trying to preserve the quota of affordable housing and she approves of this protection. She expressed concern that housing provided by Habitat for Humanity would remain low and moderate income housing.

Manager Lovell believes Habitat for Humanity would endorse this ordinance since it is their goal that low and moderate income housing remain in the Township.

Councilwoman Price reported that a representative from Habitat for Humanity spoke at a Kiwanis meeting recently. If a tenant for Habitat can not fulfill their 30 year lease, the unit reverts back to Habitat.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-20.7.J. OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Obremski

(4) Ordinance #18-10: Amending Ordinance #13-09 Providing For Various 2009 Capital Improvements and Providing a Supplemental Appropriation of $4,200.00 From the Capital Improvement Fund for the Morris Turnpike Milling and Resurfacing Project

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE #13-09 ENTITLED AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2009 CAPITAL IMPROVEMENTS AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $4,200.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE MORRIS TURNPIKE MILLING AND RESURFACING PROJECT” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance will modify a 2009 ordinance that had anticipated a certain level of funding from the NJ DOT for the milling and resurfacing of Morris Turnpike. The money received was less than anticipated and this ordinance will make up for that shortfall.

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

Judith Stewart, 114 Everdale Road, expressed concern that residents were not given adequate warning of road closings in town and surmises that it has to do with several staff changes that have taken place recently in Town Hall.

Manager Lovell responded and, while thanking Mrs. Stewart for her comments, noted that her premise that it was due to staffing issues is not correct. The work was contracted for and begun in a tight time frame and it was not possible to go through an appropriate notification process. The Manager assured the public that proper notifications will be provided next year.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE #13-09 ENTITLED AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2009 CAPITAL IMPROVEMENTS AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $4,200.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE MORRIS TURNPIKE MILLIING AND RESURFACING PROJECT” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Obremski

REQUEST TO AMEND SOIL MOVEMENT PERMIT ISSUED TO GRECCO REALTY LLC—BLOCK 111, LOTS 10-16, ON JUNE 3, 2010

Manager Lovell noted that he was contacted by a representative for Mr. Grecco who expressed to him that restrictions in the previously approved soil movement permit are creating an economic hardship for this project. The Manager agreed to bring the matter before the Council for further discussion.

Howard Spears, 477 Route 10, the attorney representing Grecco Realty, noted that the provision appearing in the resolution that is causing problems now was not discussed when the original permit was sought. The problem they are facing deals with the workers not being able to start trucking the soil until 9:00 a.m. By permitting the work to begin at 7:00 a.m., as most contractors normally do, work for the day would be completed by 3:30 p.m., which would mean that there would be no truck traffic during the evening rush hour.

Mr. Buzak swore in Mr. Christopher Brenner, President of Concord Development.

Christopher Brenner, 14 Longview Drive, Towaco, NJ, commented on the following:

• He has been contracted by Grecco Realty to develop The Shoppes at Randolph
• This is a very large project for the Township
• It is anticipated that 82,000 cubic yards of soil will be moved, which is about 5,500 truck trips
• When he contracted with Mr. Grecco, he expected to be able to work a standard 8 hour day from 7:00 a.m. to 3:30 p.m.
• At this point, he has been unable to contract with a trucking company due to the shortened work day that would satisfy the current provisions of the resolution
• It is in everyone’s best interest that the work be completed as quickly as possible
• His proposal is to start loading trucks at 7:00 a.m. with the first truck likely leaving the site at 7:15 a.m.
• Trucks will travel westbound on Route 10 to Canfield Avenue for their destination in Wharton
• The returning truck would be traveling eastbound on Route 10 from Canfield Avenue to the Millbrook Avenue jug-handle in order to re-enter the site
• The trucks would be running on an approximate one hour cycle time (departing and returning to the site)
• The trucks typically would be able to hold 10 to 15 cubic yards of soil
• Approximately 12 to 15 trucks would be traveling staggered throughout the hour

Councilman Algeier expressed concern that trucks would be started at 6:30 a.m. which is early for nearby residents. The Councilman suggested a provision be placed in the resolution prohibiting equipment being started earlier than 7:00 a.m.

The Mayor opened the meeting to the public for a public hearing regarding this particular ordinance.

Mr. De Sabitino, 212 Quaker Church Road, noted that for the past several weeks the company has been starting their equipment at 6:30 or 7:00 a.m. He stated that he would have liked to have had warning from the township that this would occur.

Councilman Algeier responded that with this new resolution the rules would be very clear that no equipment can be started prior to 7:00 a.m. If there are violations, the residents should call the police and report them.

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

Councilwoman Price made a motion that the resolution be amended to show 7:00 a.m. to 3:30 p.m. with machinery not permitted to be turned on before 7:00 a.m. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Resolution—Approving Soil Movement Permit for Grecco Realty, LLC—Block 111, Lots 10, 11, 12, 13, 14, 15 and 16

R-191-10

WHEREAS, Grecco Realty, LLC, (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit, involving the movement of soil on Block 111, Lots 10, 11, 12, 13, 14, 15 and 16, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as Route 10 West in Randolph Township; and

WHEREAS, said application reflects that approximately eighty-one thousand five hundred (81,500) cubic yards of soil will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph Granting Preliminary and Final Major Site Plan Approval, “C” Variance Approval, Certain Design Waivers, Tree Removal/Tree Protection Permit, and Recommendation for Soil Removal Permit; and

Whereas, by resolution adopted by the Randolph Township Planning Board on February 2, 2009, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Major Site Plan, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

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

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on June 3, 2010, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on June 3, 2010, provided in the notice to appropriate property owners; and

WHEREAS, the Township approved a Soil Movement Permit on June 3, 2010; and

WHEREAS, the Applicant requested an amendment to the permit at a public hearing, with notice to surrounding property owners, that was held on August 5, 2010;

WHEREAS, Applicant provided testimony regarding the route of the vehicles moving said soil;

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

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

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

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

a) The removal of soil on the Property shall be limited to a 120 day time period.

b) Soil movement activities will take place between the hours of 7:00 a.m. and 3:30 p.m., or dark, whichever comes first, Monday through Friday, excluding public holidays. Phases of construction may begin at 7:00 a.m. The trucks may be loaded at 7:00 a.m., no earlier, but are prohibited from rolling off the site until 7:15 a.m. No equipment or vehicles shall be started, running or idling on site before 7:00 a.m.

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

d) The Applicant shall insure that the vehicles used to transport soil shall use Route 10 and exit the Township directly. Under NO circumstances shall Quaker Church Road be used for the removal of soil. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.

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

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

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

h) A cash bond in the amount of seven thousand five hundred dollars ($7,500) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the Permit approved hereunder, to cover the repairs of any damage done during the soil movement operation.

i) The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of February 2, 2009, as well as all ordinances including, but not limited to, Section 15-47, et seq.

j) The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on February 2, 2009.

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

4. This Resolution shall take effect immediately.

COMBINED ACTION ITEMS

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

AYES:
Councilman Algeier (abstain on Item x)
Councilman Metz
Councilman Napoliello
Councilwoman Price
Mayor Alpert

NAYS: None

ABSENT:
Councilman Obremski
Deputy Mayor Mitsch

a. Release Road Opening Cash Bond for 7 Rickland Drive to Dennis Rosenthal—$500.00

R-191A-10

WHEREAS, the Engineering Department has received a request from Dennis Rosenthal for the release of a $500.00 cash road opening bond posted for a tie into the storm drain at 7 Rickland Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 18, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connection to the storm drain within the Township right-of-way; and

WHEREAS, the Engineering Department has found that the contractor was unable to perform the connection to the storm drain due to a conflict with the existing underground electric wires.

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, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Dennis Rosenthal, 7 Rickland Drive, Randolph, NJ 07869.

b. Amend Professional Services Agreement with Fred Knapp Adding $10,000.00—Labor Counsel

R-192-10

WHEREAS, an agreement was a awarded to Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC on January 14, 2010, for Labor and Negotiations; and

WHEREAS, the original agreement was in the amount of $6,000.00 and Amendment I on July 1, 2010 was $4,000.00, and an additional $10,000.00 is needed; and

WHEREAS, the total of this contract with Amendment II will not exceed $20,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to amend this contract with Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 5, 2010

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 2010 Budget, Legal, Other Expenses, to amend the contract to Fredric M. Knapp, Esq., of Trimboli & Prusinowski, LLC for Legal Services for Labor and Negotiations in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

c. Amend Professional Services Agreement with Appraisal Consultant Corporation Adding $10,000.00 for Tax Appeals

R-193-10

WHEREAS, a Professional Services Agreement was awarded to Appraisal Consultants Corp., on April 5, 2010, in the amount of $24,000.00; and

WHEREAS, due to the large amount of tax appeals, it is estimated that an additional $10,000.00 is needed; and

WHEREAS, the total of this contract with Amendment I will not exceed $34,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to amend the contract with Appraisal Consultants Corp. as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 5, 2010

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 2010 Budget, Tax Assessor, Other Expenses, to amend the contract to Appraisal Consultants Corp. for Professional Appraisal Services in Defense of Tax Appeals in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

d. MCCPC Contract #16: Reassignment of New Contractor Due to Able Office Products Merger With W.B. Mason

R-194-10

WHEREAS, on January 14, 2010, the Randolph Township Council awarded a contract on behalf of the Morris County Cooperative Pricing Council to Able Office Products for Category C (Miscellaneous Office Equipment) of Contract #16 (Office Supplies); and

WHEREAS, Able Office Products has merged with W.B. Mason who has agreed to take over the existing contract from Able Office Products at the identical discount of 36.5% off catalog pricing for Category C (Miscellaneous Office Equipment) for the duration of the 2010 contract period.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorizes the reassignment due to merger of the existing contract with (Able Office Products) to the new vendor (W.B. Mason) for Category C (Miscellaneous Office Equipment) of MCCPC Contract #16 (Office Supplies) at 36.5% discount off catalog pricing for the duration of the 2010 contract period.

e. Refund 2010 Summer Stages Registration to Nelda Walker—$345.00

R-195-10

WHEREAS, Nelda Walker registered her child for 2010 Summer Stages and paid the fee of $370.00; and

WHEREAS, her child will not be attending the 2010 Summer Stages program due to a conflict.

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 $345.00 be refunded to Nelda Walker, 10 Ryan Court, Chester, NJ 07930.

f. Authorizing Award of MCCPC Re-Bid Under Contract #3 for Rock Salt and Liquid Calcium Chloride to Innovative Surface Solutions

R-196-10

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes an award of a re-bid for Category VI (Natural Agriculturally Based Enhancer (ABE) - Natural Deicing Liquid) of MCCPC Contract #3 (Rock Salt and Liquid Calcium Chloride); and

WHEREAS, the re-bid has been advertised and received on July 20, 2010, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council has determined that Innovative Municipal Products (US) Inc. DBA-Innovative Surface Solutions be awarded the contract for compliance with the bid specifications for Category VI.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to Innovative Municipal Products (US) Inc. DBA-Innovative Surface Solutions for Category VI (Natural Agriculturally Based Enhancer (ABE) - Natural Deicing Liquid) under MCCPC Contract #3 (Rock Salt and Liquid Calcium Chloride).

g. Refund 2010 Day Camp (Extended Day) Program Registration to Srinivasan Sridharan—$250.00

R-197-10

WHEREAS, Srinivasan Sridharan registered their child for 2010 Day Camp (Extended Day) Program and paid the fee of $250.00; and

WHEREAS, the child will not be attending the Day Camp due to a current wait list in progress for the camp and was erroneously charged for the extended day portion of the program by Community Pass.

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 $250.00 be refunded to Srinivasan Sridharan, 5 Lewis Hollow Road, Mendham, NJ 07945.

h. Authorizing the Award of a Contract to English Paving for South Road Improvements—$223,327.07 (NJ DOT Funded Project)

R-198-10

WHEREAS, the Township wishes to award a contract for South Road Improvements; and

WHEREAS, thirteen bid packets were mailed and twelve bids were received on July 21, 2010; and

WHEREAS, English Paving, Clifton, New Jersey, was the lowest bidder and meets all the specifications; and

WHEREAS, the total bid was $223,327.07; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to English Paving, Clifton, New Jersey, at a total contract price of $223,327.07.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 5, 2010

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 Ordinance #11-10, Various 2010 Capital Improvements - South Road Reconstruction, to award a contract to English Paving for Improvements to South Road in the amount of $223,327.07.

_____________________________
Michael J. Soccio
Chief Financial Officer

i. Refund Overpayment of 2010 Taxes Due to Tax Exempt Veteran Status for Block 38.01, Lot 21, to Wesley White—$3,579.38

R-199-10

WHEREAS, Wesley White has overpaid 2010 taxes by reason of tax exempt Veteran in the amount of $3,579.38 on Block 38.01, Lot 21, 11 South 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 $3,579.38 to Wesley White.

j. Refund a Portion of the 2010 Ice Hockey Program Registration to Nancy Griffin—$325.00

R-200-10

WHEREAS, Nancy Griffin registered their child for 2010 Ice Hockey Program and paid the fee of $1,475.00; and

WHEREAS, her child will be participating in the Ice Hockey Short Season which is offered by the program at a lower fee.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $325.00 be refunded to Nancy Griffin, 10 Lake Cherokee Drive, Randolph, NJ 07869.

k. Authorizing Purchase From MCCPC Contract #15C: Utility Vehicles—Not to Exceed $67,000.00

R-201-10

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #15C, Utility Vehicles; and

WHEREAS, the Department of Public Works wishes to purchase one vehicle for a total not to exceed $67,000.00; and

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 vehicles from Morris County Cooperative Pricing Council Contract #15C in an amount not to exceed $67,000.00.

l. Refund Overpayment of 2010 Taxes to 74 Hilltop Drive Assessed to John Grassi—$1,622.90

R-202-10

WHEREAS, Chase Home Finance has overpaid 2010 taxes in the amount of $1,622.90 on Block 53, Lot 102, known as 74 Hilltop Drive, assessed to John Grassi; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $1,622.90 to Chase Home Finance.

m. Release Tree Bond Posted for 16 Old Chimney Road to Frank and Laureen Vesce—$200.00

R-203-10

WHEREAS, the Planning and Zoning Department received a tree bond posted by Frank and Laureen Vesce for Block 205, Lot 6, in the amount of $200.00; and

WHEREAS, all of the requirements have been met and 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 Darren Carney, Planning and Zoning Administrator, that the tree bond in the amount of $200.00 be refunded to Frank and Laureen Vesce, 16 Old Chimney Road, Randolph, NJ 07869.

n. Release Road Opening Bond for Repair of an Existing Driveway—7 Hillcrest Drive—Fred Hofstetter—$500.00

R-204-10

WHEREAS, the Engineering Department has received a request from Fred Hofstetter for the release of a $500.00 cash road opening bond posted for the repair of an existing driveway at 7 Hillcrest Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 27, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repair of existing driveway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Fred Hofstetter, 7 Hillcrest Drive, Randolph, NJ 07869.

o. Release Road Opening Cash Bond for French Drain Connection to Lynn Rosenthal—$500.00

R-205-10

WHEREAS, the Engineering Department has received a request from Lynn Rosenthal for the release of a $500.00 cash road opening bond posted for the French drain connection to the Township’s storm drain system at 11 Glen Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 27, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the French drain connection within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Lynn Rosenthal, 11 Glen Road, Randolph, NJ 07869.

p. Release Road Opening Cash Bond for Repair of Existing Driveway at 32 Bonnell Lane to Pamela Weinstein—$500.00

R-206-10

WHEREAS, the Engineering Department has received a request from Pamela Weinstein for the release of a $500.00 cash road opening bond posted for the repair of an existing driveway at 32 Bonnell Lane, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 11, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repair of existing driveway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Pamela Weinstein, 32 Bonnell Lane, Randolph, NJ 07869.

q. Refund 2010 Ice Hockey Program Registration to Donna and Tom Weber—$325.00

R-207-10

WHEREAS, Donna and Tom Weber registered their child for the 2010 Ice Hockey Program and paid the fee of $1,475.00; and

WHEREAS, their child will be participating in the Ice Hockey Short Season which is offered by the program at a lower fee.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $325.00 be refunded to Donna and Tom Weber, 38 Dogwood Trail, Randolph, NJ 07869.

r. Authorizing Manager’s Signature on Treatment Works Approval For the Extension of a Sanitary Sewer Main at 132 Millbrook Avenue

R-208-10

WHEREAS, the Township of Randolph has received a request to endorse a Treatment Works Application for the construction of a sanitary sewer gravity main to be connected into the Randolph Township Sanitary Sewer System located in Boyd Lane; and

WHEREAS, the applicant must apply to the New Jersey Department of Environmental Protection for the Treatment Works Approval for the discharge of sewer gallonage into the Randolph Township Sanitary Sewer Collection System by way of a gravity main; and

WHEREAS, in order for the New Jersey Department of Environmental Protection (NJDEP) to consider the application, the same must be endorsed by the Township; and

WHEREAS, the Township desires to authorize the execution of the endorsement of said application.

NOW, THERFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey;

1. The Township hereby endorses a request for Treatment Works Approval for 132 Millbrook Avenue located at Block 134, Lot 7, on the official tax map of the Township of Randolph.

2. The Township Manager is hereby authorized and directed to execute the appropriate endorsements for the Treatment Works Approval together with the appropriate officers and employees of the Township of Randolph and is hereby authorized to take all actions necessary to effectuate the purpose.

3. This resolution shall take effect immediately.

s. Authorize Manager to Execute Road Construction Agreement with American Tower—Improvements to the Extension of Arthur Lane

R-209-10

WHEREAS, the Randolph Township Council wishes to authorize the Township Manager to execute an agreement between Randolph Township and American Tower; and

WHEREAS, American Tower desires to make certain improvements to the parcel of land owned by them on Arthur Lane; and

WHEREAS, various neighbors have asked that, as a condition of the approval, the Township should require American Tower to make improvements to the existing access road to the property.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that authorization has been given for Township Manager John C. Lovell to execute the Road Construction Agreement between Randolph Township and American Tower, L.P.

t. Authorizing Municipal Alliance to Apply for Grant From the Governor’s Council on Alcoholism and Drug Abuse in the Amount of $18,005.00

R-210-10

WHEREAS, the Township of Randolph, County of Morris, State of New Jersey, recognizes that the abuse of alcohol and drugs is a serious problem in our society among persons of all ages; and

WHEREAS, the Township of Randolph further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township of Randolph has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Morris.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph, County of Morris, State of New of Jersey, hereby recognizes the following:

1. The Township of Randolph does hereby authorize submission of an application for the Municipal Alliance grant for calendar year 2011 in the amount of $18,005.00.

2. The Township of Randolph acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

u. Release Road Opening Cash Bond to Repair an Existing Driveway for 14 Laurel Hill Lane to Vincent and Shannon Civetta—$500.00

R-211-10

WHEREAS, the Engineering Department has received a request from Vincent and Shannon Civetta for the release of a $500.00 cash road opening bond posted for the repair of an existing driveway at 14 Laurel Hill Lane, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on November 13, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repair of existing driveway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Vincent and Shannon Civetta, 14 Laurel Hill Drive, Randolph, NJ 07869.

v. Refund Overpayment of Taxes for 9 Maple Drive to Bank of America—$1,980.86

R-212-10

WHEREAS, Bank of America has overpaid 2010 taxes in the amount of $1,980.86 on Block 144, Lot 6, known as 9 Maple Drive, assessed Carlos/Luz Ortiz; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $1,980.86 to Bank of America.

w. Release Road Opening Cash Bond for Storm Drain Connection at 18 Orchard Drive to Claudine Napiany—$500.00

R-213-10

WHEREAS, the Engineering Department has received a request from Claudine Napiany for the release of a $500.00 cash road opening bond posted for the storm drain connection at 18 Orchard Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 4, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the storm drain connection within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Claudine Napiany at 18 Orchard Drive, Randolph, NJ 07869.

x. Release Escrow Fund to Bible Church International—$315.00

R-214-10

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:

Bible Church International $315.00

y. Release Road Opening Cash Bond for Driveway Reconstruction at 6 Ridge Road to D&R Paving—$500.00

R-215-10

WHEREAS, the Engineering Department has received a request from D & R Paving for the release of a $500.00 cash road opening bond posted for the driveway reconstruction at 6 Ridge Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on March 26, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway reconstruction within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to D& R Paving, 181 Howard Boulevard, Suite #M315, Mt. Arlington, NJ 07856.

z. Release Road Opening Cash Bond for Driveway Reconstruction at 251 Center Grove Road to Angela Chang—$500.00

R-216-10

WHEREAS, the Engineering Department has received a request from Angela Chang for the release of a $500.00 cash road opening bond posted for the driveway reconstruction at 251 Center Grove Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on June 7, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway reconstruction within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Angela Chang, 251 Center Grove Road, Randolph, NJ 07869.

aa. Release Road Opening Cash Bond for 20 Cedar Terrace to Patrik Patel—$500.00

R-217-10

WHEREAS, the Engineering Department has received a request from Patrik Patel for the release of a $500.00 cash road opening bond posted for the repair and replacement of concrete curb of driveway at 20 Cedar Terrace, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 16, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway repair within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Patrik Patel, 20 Cedar Terrace, Randolph, NJ 07869.

bb. Refund Outside Tax Sale Certificate for 6 Harvey Terrace to CCTS Capital—$17,478.51

R-218-10

WHEREAS, Outside Tax Sale Certificate #1902 held by CCTS Capital, LLC, assessed to Metro Dvp Group, LLC, Block 101, Lot 27, 6 Harvey Terrace; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $17,478.51, and premium in the amount of $500.00.

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 $17,978.51 to CCTS Capital, LLC, holder of Tax Sale Certificate #1902.

cc. Authorizing Use of Township Bid to Pave South Road and Use MCCPC Contract #14 to Purchase Bicycle Grates, Risers and Curb Backs

R-219-10

WHEREAS, the Township awarded a contract for the Road Resurfacing and Milling of South Road to English Paving Company located at 650 Route 46 West, Clifton, New Jersey, at a total price of $223,327.07; and

WHEREAS, the bicycle grates, risers and curb backs were awarded to Campbell Foundry Company through the Morris County Cooperative Pricing Council (MCCPC) Contract No. 14; and

WHEREAS, the total cost for Campbell Foundry Company was in the amount of $5,426.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorizes the use of English Paving Company located at 650 Route 46 West, Clifton, New Jersey, to be used as needed and to authorize the use of the Morris County Cooperative Pricing Council (MCCPC) for the bicycle grates, risers, and curb back through Campbell Foundry Company for a total project cost of $228,753.07.

dd. Liquor License Renewals for 2010 - 2011 Season—Nicole’s Ten LLC

R-220-10

BE IT RESOLVED by the Township Council of the Township of Randolph, Morris County, New Jersey, that the following applications for renewal of the alcoholic beverage license for the respective premise hereinafter designated, for the 2010-2011 season, commencing July 1, 2010, and ending June 30, 2011, is hereby granted. The fees being as hereinafter listed and the said applicant having complied with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:

BE IT FURTHER RESOLVED that the Township Clerk be and is hereby ordered and directed to sign and issue said licenses in the name of the Township of Randolph and to deliver the same to the licensee when receipt is signed by the licensee or the authorized agent to the licensee.

ee. Authorizing Approval to Submit and Execute a Grant Application With NJ DOT for Quaker Church Road Phase I Resurfacing Project

R-221-10

WHEREAS, the Township of Randolph has determined that Quaker Church Road Phase 1 is in need of milling and resurfacing; and

WHEREAS, the NJDOT has grant funds available for project this nature.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2010 Randolph Township to the New Jersey Department of Transportation on behalf of the Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

ee. Authorizing Approval to Submit and Execute a Grant Agreement With NJ DOT for Franklin Road Resurfacing Project

R-222-10

WHEREAS, the Township of Randolph has determined that Franklin Road is in need of milling and resurfacing; and

WHEREAS, the NJDOT has grant funds available for project this nature.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2010 Randolph Township to the New Jersey Department of Transportation on behalf of the Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

ff. Coin-Toss Awards for MCCPC Contracts

R-223-10

WHEREAS, on July 13, 2010, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, conducted a coin-toss lottery as a result of tie bids received on May 12, 2010, for portions of Contracts #20-B, #25, #29 and #45 within contract period July 1, 2010, to June 30, 2011; and

WHEREAS, the winners of the above-mentioned coin-toss lottery appear in the summary below:

CONTRACT #20-B: SPORTING GOODS
Category A: Football Equipment
Item #3 (Shoulder Pad Laces): Coin-toss between R&R Trophy & Sporting Goods and Metuchen Center. Both companies bid the identical price of $.12/each. Metuchen Center won the award of contract.

Item #17c (Chin Straps, Pro #25, Hook-Up or Equiv.): Coin-toss between Metuchen Center and Riddell/All American. Both companies bid the identical price of $5.50/each. Metuchen Center won the award of contract.

CONTRACT #25: JANITORIAL SUPPLIES
Category B: Utility Products
Item #22 (Scoring Pads, Medium Duty): Coin-toss between E.A. Morse & Company and Bio-Shine. Both companies bid the identical price of $3.50/case. Bio-Shine won the award of contract.

CONTRACT #29: PEST CONTROL SERVICES
Entire Contract: Coin-toss between Emergency Pest Control and E&G Exterminators. Both companies bid the identical low hourly rate at $39.00 for a (one) and (two) year contract period. Emergency Pest Control won the award of contract for a two (2) year period expiring June 30, 2012.

CONTRACT #45: SEPTIC PUMPING/SLUDGE REMOVAL & DISPOSAL SERVICES
Category B: Sludge Removal & Disposal Services: Coin-toss between Accurate Waste Systems and Kleiza Enterprises. Both companies submitted the identical bid of $.14/per gallon for a (one) and (two) year contract period. Kleiza Enterprises won the award of contract for a two (2) year period expiring June 30, 2012

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the above-mentioned items in Contracts #20-B (Sporting Goods), #25 (Janitorial Supplies), #29 (Pest Control Services) and #45 (Septic Pumping/Sludge Removal & Disposal Services) be awarded to the vendors noted herein within contract period beginning July 1, 2010 to June 30, 2011.

ff. Raffles

(1) On-Premise Merchandise Raffle, Gill St. Bernard’s Parent Association, November 10, 2010, 10:00 a.m. to 3:00 p.m. at Meadow Wood Manor, 461 Route 10, Randolph

(2) Off-Premise Merchandise Raffle, Randolph Rotary, October 2, 2010, 5:00 p.m., at the Randolph Municipal Building, 502 Millbrook Avenue, Randolph

(3) Off-Premise 50/50, Randolph Rotary, October 2, 2010, 5:00 p.m., at the Randolph Municipal Building, 502 Millbrook Avenue, Randolph

(4) On-Premise 50/50, Randolph High School Band Parents Association, October 2, 2010, 6:00 p.m. to 10:00 p.m., at Randolph High School, 507 Millbrook Avenue, Randolph

DISCUSSION ITEMS

(1) Interlocal Services Agreement—Morris County for Dispatching Services Regional County Radio Conversion Project

Manager Lovell stated that a final agreement is very close. The attorney review has been done on a first draft. Questions and concerns are now being addressed. The Manager anticipates that the interlocal service agreement with Morris County will be ready for adoption in September. Although typically interlocal service agreements are done to save money, the Manager cautioned the Council that there will be no immediate budget savings with this agreement. While it appears that more money will be spent for this dispatch service from the County, there are several hidden costs in Randolph’s dispatch programs, such as when police officers are placed at the desk, upgrades to technology, and high personnel turnover. The county system will offer more areas for advancement, which will result in a more professional organization, as well as state of the art technology. The Manager anticipates Randolph will enter the county dispatch program on February 1, 2011. Manager Lovell thanked the Council members who interceded with the County on Randolph’s behalf.

Mayor Alpert reiterated that the technology available at the county level as well as the professionalism at the site is phenomenal. Costs associated with bringing Randolph to that level would have been prohibitive.

(2) Interlocal Services Agreement—Roxbury for Health Services

Manager Lovell reported that a fourth draft of the document is being completed. The Manager is scheduled to appear before the Roxbury Council on August 24 at 7:30 p.m. to make a presentation on this issue. He asked that a member of the Council consider attending the presentation as well.

Councilman Algeier agreed to attend the presentation with Manager Lovell.

(3) Proposed Flood Mapping—Shongum

Manager Lovell reported that the Army Corps of Engineers has been doing some mapping of flood hazard areas throughout Morris County and had invited municipalities to attend a meeting to review the maps. Darren Carney, Ralph Carchia, and Paul Ferriero attended the meeting and they reported there have been significant changes to the map that will have economic consequences to residents in the Shongum area requiring many more of them to purchase flood insurance.

The Manager and staff does not think the job was done with a high level of accuracy and that the map is incorrect in some of the assumptions. However, it takes federal intervention by a congressman to get these maps reviewed. The Manager suggested contacting Rodney Frelinghuysen’s office to request a meeting with the Congressman, Manager Lovell, and Paul Ferriero to get his assistance in requesting FEMA to reopen the study and examine it in greater detail. The Manager stated that the Morris County Engineer agrees with Randolph’s position.

The Manager cautioned that one outcome of re-examining the issue is that the area may be found to be worse than it is thought to be, however they don’t believe this to be the case.

Mayor Alpert stated that he has been in contact with Congressman Frelinghuysen’s office and they are in the process of contacting a representative from FEMA in order to set up a meeting.

Deputy Mayor Mitsch agreed to attend the meeting.

Councilman Algeier suggested inviting someone with a background in flood plain mapping to review the maps and attend the meeting as well.

Manager Lovell responded that he will look into that suggestion.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, stated that she may have some old maps of the Shongum area and offered them to the Manager to assist in their review of the flood plain.

Judith Stewart, 114 Everdale Road, asked if vigilance has been taken by the staff in regard to the Grecco development project. She believes there was to be a greater buffer along the back of the property and she senses there has been more of a ground disturbance than there was supposed to have been. Mrs. Stewart asked if sufficient money was raised to defray the cost of the Freedom Festival Parade.

Councilwoman Price reported that there remains a $5,000.00 shortfall on the parade.

Mrs. Stewart suggested households in the Township could donate a small amount of money to make up for the $5,000.00 shortfall.

Deputy Mayor Mitsch asked, to clarify for the record, if Randolph provided some funding for the parade.

Manager Lovell responded that Randolph’s support of the parade included security, but no dollars were provided from the Township.

Mrs. Whilden wished Mayor Alpert well and asked if he will still reside in Randolph.

Mayor Alpert responded that he plans to remain in Randolph.

Susan Maitner, 27 Clover Lane, commented that she is pleased that the ordinance dealing with fees for leaf and branch collection was withdrawn. Ms. Maitner expressed concern that residents with opposing viewpoints not be considered divisive but instead be considered collaborative in their efforts to engage in discussion. Ms. Maitner also expressed dismay that she only received one acknowledgement to an email she sent to the Manager and Council. She believes it is important that people acknowledge when they receive an email expressing someone’s feelings and it is important that the person know they have been heard.

Councilman Algeier responded that he did receive a copy of her email, along with many others, however he did not see in her email that she was looking for a response. The Councilman apologized for his oversight.

Deputy Mayor Mitsch responded that she read the email late last evening and didn’t realize she didn’t respond until after she had signed off. She did acknowledge her receipt of the email today and apologized for not responding last night.

Councilman Napoliello responded that he did read her email, along with many others, and apologized for not responding.

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

Mayor Alpert noted that this would be an appropriate time to step down as Mayor so that a new Mayor could be appointed.

Councilman Algeier nominated Trina Mitsch to assume the position of mayor for the remainder of 2010. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Mayor Mitsch stated that it has been her pleasure to work with Mr. Alpert and appreciates all of his invaluable input to the Council. She wished him the best of luck in his new endeavor.

Councilman Alpert responded that it has been a pleasure and he has enjoyed every minute of being on the Council.

Councilman Metz nominated Allen Napoliello to assume the position of Deputy Mayor for the remainder of 2010. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Metz
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Price

NAYS: None

ABSENT: Councilman Obremski

Councilman Metz informed the Council that a Council meeting will need to be scheduled within thirty days from now to select a Council replacement to fill Councilman Alpert’s term to December 31, 2010. The Republican County Committee will select three republicans prior to that meeting to present to the Council for consideration. The names of those selected will be forwarded to the Township Clerk within the specified time frame. In addition, a republican must be chosen to replace Councilman Alpert on the ballot for the November election.

Manager Lovell stated that he will schedule a Council meeting for Monday, August 30, at 7:00 p.m. for the purposes of finding a replacement for Councilman Alpert for the remainder of his term and to name a replacement for Councilman Alpert on the November ballot.

Mr. Buzak advised that appropriate notice be provided to the public for that meeting.

The Township Clerk administered the Oath of Office to Trina Mitsch.

The Township Clerk administered the Oath of Office to Allen Napoliello.

COUNCIL AND MANAGER COMMENTS

Deputy Mayor Napoliello nominated Michael Guadagno as a member of the Recreation Committee. Mayor Mitsch seconded the nomination, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Councilman Alpert wished Mayor Mitsch and Deputy Mayor Napoliello luck in their new positions.

Mrs. Stewart commented that she would welcome former Mayor Alpert at future meetings when he no longer serves on the council.

EXECUTIVE SESSION

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

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

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

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

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

A. Personnel
B. Tax Appeals

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

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

Councilman Alpert made a motion to move into Executive Session at 10:00 p.m. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

The Council returned to Open Session at 10:55 p.m.

Councilman Alpert made a motion to approve the resolution concerning tax appeal settlements. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Tax Appeal Settlements—2 Poplar Court, 6 Poplar Court, 4 Red Oak Lane, 8 Red Oak Lane, and 10 Red Oak Lane

R-224-10

WHEREAS, the Township of Randolph wishes to approve tax appeal settlements for 2 and 6 Poplar Court and 4, 8 and 10 Red Oak Lane located in Randolph Township, Morris County, New Jersey, as recommended by Richard De Angelis, Special Counsel for Tax Appeals, in his letter to Mayor Jay Alpert dated July 29, 2010; and

WHEREAS, on August 5, 2010, the Township Council approved such settlements proposed by Richard De Angelis and Barbara Gothie, Tax Assessor for the Township of Randolph.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof, accepts and authorizes Richard De Angelis and Barbara Gothie to sign the proposed Stipulation of Settlement Agreements for 2 and 6 Poplar Court and 4, 8 and 10 Red Oak Lane.

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 10:58 p.m.

_____________________________
Donna Marie Luciani
Township Clerk