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

Minutes: August 7, 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
Councilman Alpert
Councilwoman Mitsch (arrived 9:05 p.m.)
Councilman Obremski
Councilwoman Price (via telephone)
Deputy Mayor Metz
Mayor Napoliello

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

Mayor Napoliello led the Pledge of Allegiance.

APPROVAL OF MINUTES:

Regular Council Meeting Minutes of June 26, 2008, and July 1, 2008; Executive Meeting Minutes of June 26, 2008 and July 1, 2008

Deputy Mayor 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 Alpert
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Mitsch

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, thanked the Assistant Township Manager for the good job he has done while in Randolph and shared a story about how he assisted her in a search for old documents.

Judith Stewart, 114 Everdale Road, expressed concern over a newspaper article regarding new tree laws in New Jersey. She will share the article with the Township Manager.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski stated that it has been a pleasure working with the Assistant Township Manager and offered best wishes for Mr. Russo’s new position in Newton as Township Manager.

Councilman Alpert echoed his good wishes and thanked Mr. Russo for the work he has done with the Open Space Committee and Randolph’s open space program.

Councilwoman Price wished Mr. Russo good luck in his new position and stated he will be missed in Randolph.

Deputy Mayor Metz wished Mr. Russo luck and thanked him for doing a great job.

Mayor Napoliello noted that he and the Township Manager met with county officials who are working on improvements to Sussex Turnpike. The Mayor stated that he is pleased that PSE&G are not coming through Randolph with their new lines. Mayor Napoliello attended a Highlands Compact Meeting along with the Township Manager. He noted that the Compact would like towns to opt in to the plan, and they are offering towns a “no strings” grant of $15,000.00 to assist towns perform a study on whether or not opting in would be viable. Plans for the County Fair are moving forward. The Rotary Club has received donations for the County Fair and expect to receive more in the near future. The Mayor congratulated Mr. Russo on his new position in Newton and thanked him for the great job he did while in Randolph.

Manager Lovell reported that the Skyhil Corporation has submitted plans and an artist’s rendering for a hotel that would be attached to the Skylands building. Those plans will be thoroughly reviewed by the Planning Board and staff. Mr. Lovell stated that he will miss working with Mr. Russo, whom he believes was an excellent addition to the staff. The Manager explained a situation where a building was erected at the Chapel Hill Pumping Station which is different from the plans submitted to the Planning Board. Mr. Lovell will discuss the situation with the Director of Public Works when he returns from vacation. In the meantime, the Manager has spoken to the Planning Board chair and several residents from the area and has pledged to make the building more attractive.

The Township Manager introduced William Schroeder and asked him to provide a brief overview of the audit results and recommendations to the Council.

Mr. Schroeder stated that Randolph is a premier organization, quality through and through, and financially sound. He explained the state’s new cap on the tax levy and noted that Randolph has always been very consistent, the financial administration has been very solid, and he urged the Council to continue along those lines. The only comment regarding the audit was to incorporate a fixed asset accounting reporting system. However, due to the expense required to implement that system, the majority of towns cut this program during budget preparation.

Manager Lovell stated that he has been through fixed asset accounting in the past and it is a very expensive undertaking. He will list it in the capital outlay budget to give the Council a sense of what the cost is on a building-by-building basis.

Deputy Mayor Metz stated that he is on the finance committees of two successful operations who have clean audits and they don’t use a fixed asset accounting system even though it is recommended to them in their audits as well.

Councilman Algeier noted that the county went through a fixed asset audit several years ago which required a huge number of man-hours and a large monetary layout. Over the years as equipment has been replaced, it hasn’t been incorporated into the system. The Councilman believes that unless you spend money every year to keep the system current, it loses value after three or four years.

Manager Lovell reported that he and the Tax Assessor have completed an analysis on tax appeals which shows Randolph is where it was anticipated to be for 2008. He will forward the document to the Council for review. The Manager noted that with the tax appeals this year there will probably be no ratable base growth this year, which will impact the township and the school system.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #20-08: Reducing the Speed Limit of Fords Road

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REDUCING THE SPEED LIMIT OF FORDS ROAD WITHIN THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance came about as a result of work done by the Traffic Safety Committee.

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

Julie Hooper, 71 Everdale Road, stated that often signs are blocked by overgrown branches and she requested these signs be kept visible to the public.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REDUCING THE SPEED LIMIT OF FORDS ROAD WITHIN 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 made a motion to adopt the ordinance. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

(2) Ordinance #21-08: Amending Ordinance, Section 2-138, Positions Eligible and Required to Participate in the Defined Contribution Retirement Program

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF SECTIONS 2-138 AND 2-139 TO IDENTIFY THE POSITIONS ELIGIBLE AND REQUIRED TO PARTICIPATE AND EXEMPT FROM PARTICIPATION IN THE DEFINED CONTRIBUTION RETIREMENT PROGRAM” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that the state is going through a series of pension reforms and is requiring towns to adopt such an ordinance. This ordinance will impact several positions in the township, however it will not affect the current generation of employees already in the pension system. Future hires from outside the pension system will be impacted.

Township Attorney Buzak asked that a motion be made on the amended ordinance 21-08 and a vote taken before opening to the public on the amendment. He explained that the amendment is to include the Local Finance Board notice that is referenced generically in the ordinance as an attachment to the ordinance.

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

Mr. Buzak noted for the record that the amendment adopted by the Council is an insubstantial amendment that does not require re-publication of the ordinance and can therefore be subject to public hearing this evening and a vote for adoption.

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

Lee Whilden, 82 Radtke Road, asked a question on part time personnel and the council’s participation in the pension system.

Manager Lovell responded that the reforms coming out of Trenton are being done in a piecemeal fashion and this is the first piece. This particular ordinance deals with the positions of Township Manager, Assistant Township Manager, Municipal Court Judge, Township Engineer, Director of Parks, Recreation and Community Services, Court Administrator, and Library Director. There will be more directives from Trenton in the future dealing with elected officials. However, these directives do not affect people currently in the pension system, only those who are hired in the future who are not currently in the pension system.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF SECTIONS 2-138 AND 2-139 TO IDENTIFY THE POSITIONS ELIGIBLE AND REQUIRED TO PARTICIPATE AND EXEMPT FROM PARTICIPATION IN THE DEFINED CONTRIBUTION RETIREMENT PROGRAM” 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 as amended. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Mitsch

(3) Ordinance #22-08: Revision of Fee Schedule Ordinance—Fee Schedule

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REPLACING ORDINANCE NO. 32-05 AND AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that an evaluation of the fee schedule is performed each year to make sure fees are current. A variety of fees have been changed to help cover the cost of operations. The most significant aspect of the fee review this year centered on the water usage in the township. As of January 1, 2009, the new fee structure for water usage will be as follows:

0 to 10,000 gallons—a four percent increase
10,000 - 22,000 gallons—an eight percent increase
22,000 - 50,000 gallons—a ten percent increase
50,000 and above—a twelve percent increase

This fee increase for water usage is more aggressive in hopes of encouraging residents to conserve water.

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

Judith Stewart, 114 Everdale Road, noted that there was not a copy of the proposed fee changes available to the public. She noted that Randolph has a regressive fee ordinance for water because of the $5.00 flat fee and she would like to see that eliminated.

Jim McConnell, 45 Carrell Road, noted that he still sees people watering their lawns during a rain shower and that several sprinkling systems have water shooting onto sidewalks and wondered who in the Township was responsible for arbitrating these situations.

Manager Lovell responded that water department employees go out early in the mornings to document these types of situations and that summonses have been issued this year.

Howard Schoenberger, 12 Rickland Drive, stated that he would like to see sewer fees allocated based on water usage rather than a flat fee.

Manager Lovell responded that the challenge to that for Randolph is that not all water customers are sewer customers and not all sewer customers are water customers. This makes the situation more complex. The Manager and Finance Director will be taking a look at that over the course of the year.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE REPLACING ORDINANCE NO. 32-05 AND AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilwoman Mitsch

DISCUSSION ITEMS

(1) Shongum Dam Construction—Special Assessments

Manager Lovell noted that the Assessment Commissioners tonight would be providing the Council with a report from the July 17, 2008, meeting at the municipal building. All impacted homeowners, which are those property owners with deeded lake rights, were sent notices about the meeting. The meeting was lightly attended by some members of the Association and homeowners who wanted to see a change in the assessment or who were opposed to the assessment and they were given an opportunity to provide their input. One objection in particular focused on those who felt lakefront property owners derive a greater benefit from the lake and should therefore pay a higher assessment than those removed from the lakefront. According to the Tax Assessor, those who have lakefront properties have a lot assessment that is 25 percent higher than other similar properties in Shongum. Sixty three lots were identified as being lakefront properties. Calculations were done to apply the 25 percent premium to those properties to see what the difference in the assessment would be for those properties and the remaining 717 properties. Those calculations, which determined a negligible impact, included the following:

Currently the assessment for each property is $112.23 per year for 18 years
With the new calculation in place, lakefront property assessments would rise to $140.28 per year
With the new calculation in place, the remaining 717 properties would see their assessment fall to $109.76 per year

In addition, the argument that a lakefront property derives more benefit from the lake as opposed to those removed from the lake could be extended to a property that is one quarter of a mile away from the lake deriving more benefit than a home a half mile from the lake or a mile from the lake and so on. A cost analysis in that scenario would be very expensive. It is felt that a flat assessment for all properties is fair.

Michael Guadagno, one of the Assessment Commissioners, reported that the meeting on July 17 had a small turnout of members. He agrees with the outcome of the report and recommends that the 780 lots have equally divided payments. He noted that if an evaluation was done for all the properties to determine their individual benefit from the lake, another two years would have to be added to the assessment period for every property.

Manager Lovell noted that the Council will make a decision tonight whether to place the assessments. An assessment hearing will be advertised for September 4, 2008, and will be open to the public. Once the public hearing is conducted, the Council will then be in a position to decide if they wish to go forward with the special assessment or if they wish to remand it back to the Assessment Commissioners for revision.

Township Attorney Buzak asked, for the record, if it was the Assessment Commissioner’s recommendation as a committee to utilize the equal assessments.

Mr. Guadagno responded that it is indeed their recommendation as a committee.

The Mayor opened the meeting to the public for comment.

Lee Whilden, 82 Radtke Road, stated that the meeting on July 17 was not heavily attended because many members felt the notices sent out were very clear and saw no need to attend.

Richard Marcickiewicz, 42 Beaver Dam Road and counsel for the Shongum Lake Property Owners’ Association, thanked Mr. Guadagno and the Council for getting to this point in the process. He believes that, although there were a few members present at the July 17 meeting voicing opposition, the majority of the members overwhelmingly support proceeding with the assessment as proposed.

Councilman Algeier stated that he supports the single level assessment as recommended by the Assessment Commissioners. He believes a system where each lot is assessed individually would be time consuming, expensive, and most importantly, create hard feelings among the members.

Councilman Alpert agreed that the most common sense approach is to divide the assessment equally.

Councilman Algeier made a motion to authorize the advertisement of the assessment hearing to be held on September 4 based upon the recommendation of the Assessment Commissioners. 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

Councilman Algeier thanked the Township Manager and Assessment Commissioners for the effort they have put into this project.

ORDINANCES (Continued)

A. Second Reading and Public Hearing

(4) Ordinance #23-08: Salary and Wage Range of Compensation

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

The Mayor opened the 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 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Obremski made a motion to adopt 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

B. Introduction

(1) Acquisition of Wright Property

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 147, LOT 14, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (WRIGHT PROPERTY)” 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 4th of September, 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.

Manager Lovell noted that this property has been of interest to Randolph for many years because it connects major tracts of land and extends the greenway. The house on the property is in poor condition and will be demolished in the future.

Mayor Napoliello stated that he agrees that this is an important property for the Township to acquire.

Councilman Alpert 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

(2) Authorizing the Acquisition of the Tucker Property

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM W.E.W. ASSOCIATES: BLOCK 88, LOT 12; BLOCK 91, LOT 2; BLOCK 91, LOT 3; BLOCK 92, LOT 4 (WHICH ALSO INCLUDES FORMER LOT 22); BLOCK 92, LOT 24; BLOCK 92, LOT 25 (WHICH ALSO INCLUDES FORMER LOTS 3, 26, AND 27) ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (TUCKER PROPERTY)” be introduced, read by title by the Township Clerk and passed on first reading.

Manager Lovell provided some background on the history of the property and noted that it is a good property for the Township to acquire. There is also a house slated for demolition on this property in the future. He thanked Councilman Algeier for suggesting the acquisition and complimented Tom Russo for his efforts in negotiations to acquire the property.

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

COMBINED ACTION ITEMS

Manager Lovell provided background on several resolutions.

Deputy Mayor Metz made a motion to approve the combined action items with the amendment of a typo to the resolution regarding COAH. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier (abstained on raffle licenses for the Housing Partnership of Morris County as he is a member of the Board of Trustees)
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Release Tree Replacement Bond for 14 Olde York Road to Ann Wexler—$1,800.00

R-246-08

WHEREAS, the Engineering Department has received a request from Ann Wexler for the release of a $1,800.00 tree replacement bond posted for replacement trees to be planted at 14 Olde York Road, Block 21, Lot 166; and

WHEREAS, the cash bond was received and deposited with the Finance Department on May 5 and May 8, 2008, to ensure the replacement of nine trees to be replaced at 14 Olde York Road, Block 21, Lot 166; and

WHEREAS, the Engineering Department has inspected the property and found that all nine replacement trees have been planted.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township of Randolph refund the $1,800.00 tree replacement bond posted for the replanting of nine trees at 14 Olde York Road, Block 21, Lot 166, to Ann Wexler, 14 Olde York Road, Randolph, NJ 07869.

(2) Release of Road Opening Cash Bond for 21 Ashwood Avenue to Land Design—$300.00

R-247-08

WHEREAS, the Engineering Department has received a request from Land Design for the release of a $300.00 cash road opening bond posted for connecting drain to catch basin at 21 Ashwood Avenue; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on July 7, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connection of drain to the catch basin 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Land Design, 940 Tabor Road, Morris Plains, NJ 07950.

(3) Release Road Opening Cash Bond for Re-Doing a Driveway at 14 Indian Trail Road to Richard Levy—$300.00

R-248-08

WHEREAS, the Engineering Department has received a request from Richard Levy for the release of a $300.00 cash road opening bond posted for re-doing a driveway at 14 Indian Trail; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on June 17, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repair of the 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 $300.00 be refunded to Richard Levy, P.O. Box 135, Morris Plains, NJ 07950-0135.

(4) Refund Tax Overpayment for 7 Sandy Lane to Wanda Jane Jacobs—$201.83

R-249-08

WHEREAS, Wanda Jane Jacobs has overpaid 2008 taxes in the amount of $201.83 on Block 168, Lot 33, 7 Sandy Lane; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $201.83 to Wanda Jane Jacobs.

(5) Refund Tax Overpayment for 35 Openaki Road to Peter Ancona—$48.51

R-250-08

WHEREAS, Peter Ancona has overpaid 2008 taxes in the amount of $48.51 on Block 201, Lot 39.Q, 35 Openaki 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 $48.51 to Peter Ancona.

(6) Refund Tax Overpayment for 13 Walnut Street to Anna Marie Leveto—$307.96

R-251-08

WHEREAS, Anna Marie Leveto has overpaid 2008 taxes in the amount of $307.96 on Block 30, Lot 22, 13 Walnut Street; 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 $307.96 to Anna Marie Leveto.

(7) Refund Registration for 2008 Summer Teen Camp to Patricia Barbera—$800.00

R-252-08

WHEREAS, Patricia Barbera registered her child for 2008 Summer Teen Camp and paid the fee of $825.00; and

WHEREAS, her child will not be attending the 2008 Summer Teen Camp due to illness.

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 $800.00 be refunded to Patricia Barbera, 41 Morey Lane, Randolph, NJ 07869.

(8) Release Road Opening Cash Bond for Installation of Curbing at 24 Everdale Road to Pietro Catizone—$300.00

R-253-08

WHEREAS, the Engineering Department has received a request from Pietro Catizone for the release of a $300.00 cash road opening bond posted for the installation of curbing at 24 Everdale Road; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on May 5, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the installation of curbing 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Pietro Catizone, 24 Everdale Road, Randolph, NJ 07869.

(9) Release Escrow for Police Detail at St. Andrews Orthodox Church—$22.50

R-254-08

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:

St. Andrews Orthodox Church $22.50

(10) Authorizing Tax Collector to Credit Account for Block 112, Lot 17.07, Known as the Vega Property for $2,813.85 Due to a Tax Appeal Settlement

R-255-08

WHEREAS, Block 112, Lot 17.07, known as the Vega property, was assessed in the 2008 Tax List for a total of $688,000.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $595,000.00 from $688,000.00 for 2008 and the judgment was not received until after the close of the 2008 book, which resulted in an overpayment of $2,813.85.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 112, Lot 17.07, in the amount of $2,813.85 to adjust for the over-assessment of $92,500.00.

(11) Authorizing Tax Collector to Credit Account for Block 195, Lot 12, Known as Dusenbury & Co for $19,012.50 Due to a Tax Appeal Settlement

R-256-08

WHEREAS, Block 195, Lot 12, known as John Dusenbury & Co, was assessed in the 2008 Tax List for a total of $3,000,000.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $2,375,000.00 for 2008 and the judgment was not received until after the close of the 2008 book, which resulted in an overpayment of $19,012.50.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 195, Lot 12, in the amount of $19,012.50 to adjust for the over-assessment of $625,000.00.

(12) Authorizing a Credit to YSI Storage for Block 195, Lot 11, Due to a Tax Appeal Settlement—$12,168.00

R-257-08

WHEREAS, Block 195, Lot 11, known as YSI Storage, was assessed in the 2008 Tax List for a total of $4,200,000.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $3,800,000.00 and the judgment was not received until after the close of the 2008 book, which resulted in an overpayment of $12,168.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 195, Lot 11, in the amount of $12,168.00 to adjust for the over-assessment of $92,500.00.

(13) Authorizing a Credit to Mal Brothers for Block 188, Lot 3, Due to a Tax Appeal Settlement—$21,294.00

R-258-08

WHEREAS, Block 188, Lot 3, known as Mal Brothers, was assessed in the 2008 Tax List for a total of $7,400,000.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $6,700,000.00 from $7,400,000.00 for 2008 and the judgment was not received until after the close of the 2008 book, which resulted in an overpayment of $21,294.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 188, Lot 3, in the amount of $21,294.00 to adjust for the over-assessment of $700,000.00.

(14) Authorizing a Credit to Canfield Business Park for Block 18, Lot 10.01, Due to a Tax Appeal Settlement—$20,198.88

R-259-08

WHEREAS, Block 18, Lot 10.01, known as Canfield Business Park, was assessed in the 2008 Tax List for a total of $3,719,700.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $3,055,700.00 for 2008 and the judgment was not received until after the close of the 2008 book, which resulted in an overpayment of $20,198.88.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 18, Lot 10.01, in the amount of $20,198.88 to adjust for the over-assessment of $664,000.00.

(15) Authorizing a Credit to Canfield Business Park for Block 18, Lot 10.02, Due to a Tax Appeal Settlement—$30,298.32

R-260-08

WHEREAS, Block 18, Lot 10.02, known as Canfield Business Park, was assessed in the 2008 Tax List for a total of $5,480,300.00; and

WHEREAS, an appeal was filed and said assessment was reduced to $4,484,300.00 for 2008 and the judgment was not received until after the close of the 2008 book, which resulted in an overpayment of $30,298.32.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 18, Lot 10.02, in the amount of $30,298.32 to adjust for the over-assessment of $996,000.00.

(16) Authorizing a Credit to the Account of Block 30, Lot 14, Due to a Tax Appeal Settlement—$319.41

R-261-08

WHEREAS, Block 30, Lot 14, was assessed in the 2008 Tax List for a total of $248,300.00; and

WHEREAS, due to the removal of the pool in November of 2007 and the CO was not issued until the grass was growing in April of 2008, this assessment should be $237,800.00 for 2008 resulting in the over-bill of $319.41.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 30, Lot 14, in the amount of $391,41 to adjust for the over-assessment of $10,500.00.

(17) Release Road Opening Cash Bond, 92 Everdale Road—$300.00

R-262-08

WHEREAS, the Engineering Department has received a request from Joy Sprafkin for the release of a $300.00 cash road opening bond posted for the installation of curbing at 92 Everdale Road; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on May 20, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the installation of a sewer line 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Joy Sprafkin, 92 Everdale Road, Randolph, NJ 07869.

(18) Authorize Refund for Soil Movement Permit, SEA Middlebury LLC, 8 Middlebury Boulevard—$2,150.00

R-263-08

WHEREAS, the Clerk’s Office has received a request from Allan Verbesky of SEA Middlebury, LLC, for the refund of a soil movement permit application fee posted for soil movement at 8 Middlebury Boulevard, Block 18.01, Lot 1.04; and

WHEREAS, the permit fee was received and deposited with the Finance Department on July 12, 2005, in the amount of $2,150.00.

WHEREAS, SEA Middlebury, LLC, has sold their interest in the project and request a refund of the paid soil movement permit application 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 the Township Clerk that the soil movement permit application fee in the amount of $2,150.00, minus a $25.00 administration fee, be released to SEA Middlebury, LLC, 15 Wind Jammer Lane, Mt. Arlington, NJ 07856.

(19) Release of Temporary Stabilization Bond, Andrew Millward, 15A Mt. Pleasant Road—$1,000.00

R-264-08

WHEREAS, the Engineering Department has received a request from Andrew Millward for the release of a $1,000.00 cash bond posted for the stabilization of 15A Mt. Pleasant Road; and

WHEREAS, the stabilization bond consisted of a $1,000.00 cash bond, which was received and deposited with the Finance Department on May 27, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the stabilization of 15A Mt. Pleasant Road; and

WHEREAS, the Engineering Department has inspected the stabilization 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 stabilization bond in the amount of $1,000.00 be refunded to Andrew Millward, 15A Mt. Pleasant Road, Morristown, NJ 07960.

(20) Authorize Credit for Taxes for Disabled Veteran, Block 72, Lot 66, to William Marcello—$8,547.46

R-265-08

WHEREAS, Block 27, Lot 66, is assessed in the 2008 Tax List for a total of $289,200.00; and

WHEREAS, the property owner was deemed permanently disabled by the Veteran’s Administration as of August 2, 2007. The taxpayer made application on August 6, 2008, resulting in a tax-exempt status for 2008.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 27, Lot 66, for the 2008 tax year in the amount of $8,547.46.

B. Opposing the Third Round Affordable Housing Rules Adopted by the Council on Affordable Housing

R-266-08

WHEREAS, on December 17, 2007, the New Jersey Council on Affordable Housing (COAH) voted to propose its revised third round regulations in response to the Appellate Court decision of January 25, 2007; and

WHEREAS, on May 6, 2008, COAH voted to adopt the rules, with minor clarifications, as N.J.A.C. 5:96 (Procedural Rules) and N.J.A.C. 5:97 (Substantive Rules); and

WHEREAS, the revised rules became effective June 2, 2008; and

WHEREAS, the revised rules will have a negative impact upon economic development within the Township of Randolph as well as within the State of New Jersey; and

WHEREAS, under the revised rules, many municipalities are being required to plan for affordable housing based upon growth which is unlikely to occur since COAH has used a flawed approach in calculating prospective growth; and

WHEREAS, under the revised rules, the large retroactive obligation will serve to undermine prior compliance efforts, requiring municipal property taxpayers to suffer a higher tax burden; and

WHEREAS, under the revised rules, residential development generating such a high growth share obligation will create a shortfall that must be paid by property taxpayers, since neither the proposed mandatory development fees nor the proposed payments in lieu of constructing affordable units are sufficient to pay for municipal construction of units, since the proposal understates construction costs and overstates the average sale price of units; and

WHEREAS, under the revised rules, economic development will be negatively impacted by unreasonable growth share ratios; and

WHEREAS, the concept of growth share may be sound if applied prospectively only and if the growth share ratios are reasonable and sustainable.

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

1. The governing body implores the members of COAH, and COAH staff, to recognize that there is a limit to what municipalities and developers can be called upon to satisfy in terms of affordable housing obligations.

2. That COAH reconsider these regulations since, as adopted, they will have a negative impact upon economic development in the Township and in the State as a whole, and will financially overburden our Township’s taxpayers.

3. That a copy of this resolution be transmitted to Governor Jon Corzine, Senate President Richard J. Codey, Assembly Speaker Joseph J. Roberts, Jr., DCA Commissioner Joseph Doria, the members of the Morris County Legislative Delegation, the Morris County Board of Chosen Freeholders, the New Jersey State League of Municipalities, the Morris County League of Municipalities and all Morris County municipalities.

C. Authorizing Purchases From State Contract #T0109 for Radio Communication Equipment and Accessories From Various Vendors—Not to Exceed $170,000.00

R-267-08

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0109 for Radio Communication Equipment and Accessories from various vendors; and

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

WHEREAS, these purchases will not exceed $170,000.00.

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 #T0109 using various vendors as needed for all departments in the Township.

D. Authorizing Purchases From State Contract #T0177 for New Dispatch Area—Not to Exceed $40,000.00

R-268-08

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0177 for Radio Furniture, Computer and Electronic Support, Freestanding; and

WHEREAS, these purchases are for the new dispatch area; and

WHEREAS, these purchases will not exceed $40,000.00.

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 #T0177 using various vendors as needed for the new dispatch area.

E. Authorizing Grant Submission of an Application for the MAC Grant for 2009 in the Amount of $18,005.00

R-269-08

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 by the Township of Randolph, County of Morris, State of New Jersey, that it hereby recognizes the following:

1. The Township of Randolph does hereby authorize submission of an application for the Municipal Alliance grant for calendar year 2009 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.

F. Authorizing an Award of Contracts for the MCCPC for Portions of Spring Contract #20B and #40

R-270-08

WHEREAS, on July 2, 2008, 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 8, 2008, for portions of Contracts #20-B and #40; and

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

CONTRACT #20B: SPORTING GOODS
Category C—Lacrosse Equipment

Item #10a (Lacrosse Scorebooks): Coin-toss between Metuchen Center and Triple Crown Sports

Metuchen Center won the coin-toss at $7.50 each.

CONTRACT #40: PERSONAL PROTECTION ITEMS & EQUIPMENT FOR EMERGENCY PERSONNEL
Category A—Personal Protection Items

Item #13 (Ranger Boots): Coin-toss between Absolute Fire Protection Company and Firefighter One LLC

Absolute Fire Protection Company won the coin-toss at 43% discount. Firefighter One LLC has notified us that they are no longer a distributor of Ranger Boots.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the above-mentioned items in Contracts #20B (Sporting Goods) and #40 (Personal Protection Items and Equipment for Emergency Personnel) be awarded to the vendors noted herein for the contract periods July 1, 2008 - June 30, 2009.

G. Authorizing Mayor to Sign Rockaway Borough’s Professional Services Agreement with Randolph Health Department for Health Services

R-271-08

WHEREAS, the Borough of Rockaway wishes to obtain Health Services of a technical and professional nature from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2008.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the contract with the Borough of Rockaway.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

H. Authorizing Mayor to Sign Rockaway Borough’s Professional Services Agreement with Randolph Health Department for Animal Control

R-272-08

WHEREAS, the Borough of Rockaway wishes to obtain Animal Control Services from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2008.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the contract with the Borough of Rockaway.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

I. Authorizing Award of Professional Services Agreement to Ferriero Engineering to Provide Surveying Services of Brundage Park—Not to Exceed $2,000.00

R-273-08

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

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to prior agreements 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, Ferriero Engineering, Inc., has indicated they will provide the professional surveying services for an amount not to exceed $2,000.00; and

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

WHEREAS, funds are available for this purpose.

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

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 7, 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, Parks, Other Expense, to award a contract to Ferriero Engineering, Inc., to provide Professional Surveying Services with regard to Brundage Park in the amount not to exceed $2,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

J. Authorizing Award of Professional Services Agreement to Hatch Mott MacDonald With Regard to Mt. Freedom Water Storage Tank Inspection and Rehabilitation—Not to Exceed $21,000.00

R-274-08

WHEREAS, the Township of Randolph has a need to retain Hatch Mott MacDonald with regard to the Mount Freedom Water Storage Tank Inspection and Rehabilitation 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 will 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, Hatch Mott MacDonald has indicated they will provide the services stated in their proposal for an amount not to exceed $21,000.00; and

WHEREAS, Hatch Mott MacDonald has completed and submitted a Business Entity Disclosure Certification which certifies that Hatch Mott MacDonald 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 Hatch Mott MacDonald 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: August 7, 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 Ordinance #17-08, Painting of Water Tower - Old Brookside Road, to award a contract with Hatch Mott MacDonald in regards to the Mount Freedom Water Storage Tank Inspection and Rehabilitation in the amount not to exceed $21,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

K. Authorizing Award of Professional Services Agreement to Hatch Mott MacDonald With Regard to the Senior Complex at 30 Calais Road

R-275-08

WHEREAS, the Township of Randolph has a need to retain Hatch Mott MacDonald with regard to Engineering and Land Surveying Services, Block 93, Lot 3, 30 Calais Road, 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 will 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, Hatch Mott MacDonald has indicated they will provide the services stated in their proposal for an amount not to exceed $23,500.00; 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: August 7, 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 Capital Account - Reserve for Preliminary Cost - Municipal Improvements, to award a contract to Hatch Mott MacDonald with regards to Engineering and Land Surveying Services for Block 93, Lot 3, 30 Calais Road (Recreation/Senior Citizen Center) in the amount not to exceed $23,500.00.

____________________________
Michael J. Soccio
Chief Financial Officer

L. Amending Professional Services Awarded to Fredric Knapp for Labor Counsel

R-276-08

WHEREAS, there exits a need to amend the Professional Services Agreement with Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, to provide Labor Counsel; and

WHEREAS, the cost for such amendment will not exceed $15,000.00 for a new total of $25,000.00; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq) requires that the resolution authorizing the award for Professional Services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that Change Order #1, not to exceed $15,000.00 for a new total of $25,000.00, be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 7, 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, Legal, Other Expenses, to amend the contract with Fredric M. Knapp, Esq., of Laufer, Knapp, Torzewski, Dalena & Sposaro, LLC, to provide Labor Counsel in the amount not to exceed $15,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

M. Supporting the Over the Limit Under Arrest 2008 Statewide Crackdown

R-277-08

WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people a year; and

WHEREAS, 28% of motor vehicle fatalities in New Jersey are alcohol-related; and

WHEREAS, an enforcement crackdown is planned to combat impaired driving; and

WHEREAS, the end of summer season is traditionally a time of social gatherings which often include alcohol; and

WHEREAS, the State of New Jersey Division of Highway Traffic Safety has asked law enforcement agencies throughout the state to participate in Over the Limit Under Arrest 2008 Statewide Crackdown; and

WHEREAS, the project will involve increased impaired driving enforcement from August 15 through September 1, 2008; and

WHEREAS, an increase in impaired driving enforcement and reduction in impaired driving will save lives on our roadways.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, declares its support for the Over the Limit Under Arrest 2008 Statewide Crackdown from August 15 through September 1, 2008, and pledges to increase awareness of the dangers of drinking and driving.

N. Authorizing Professional Services Agreement—Clough Harbour LLC—Revising Plans for Overlook Avenue Water Booster Station—$7,550.00

R-278-08

WHEREAS, the Township of Randolph has a need to acquire Clough Harbour & Associates, LLC, 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 will exceed $17,500.00; and

WHEREAS, in October 2003 Clough Harbour & Associates, LLC, designed the construction of two water booster pumping stations. The projects need to be bid separately and Clough Harbour & Associates, LLC, will be making the necessary changes to do so at a cost of $3,925.00 for Design Phase Revision and $3,625.00 for Regulatory Permit Re-Submittal and Approval; and

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

WHEREAS, Clough Harbour & Associates, LLC, has indicated they will provide the services for an amount not to exceed $7,550.00; and

WHEREAS, Clough Harbour & Associates, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Clough Harbour & Associates, LLC, 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 Clough Harbour & Associates, LLC, 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: August 7, 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 Ordinance #8-03, Installation of Water Booster Pump, to award a contract to Cough Harbour & Associates, LLC, for the design of the construction of two water booster pumping stations not to exceed $7,550.00.

____________________________
Michael J. Soccio
Chief Financial Officer

O. Authorizing Mayor to Sign 2009 State/Local Cooperative Housing Inspection Program Agreement

R-279-08

WHEREAS, there has been a long standing agreement between Randolph Township with the DCA to perform state multiple dwelling inspections; and

WHEREAS, Randolph receives a DCA standard reimbursement rate for providing this service; and

WHEREAS, the Director of Health and Code Enforcement recommends renewing this agreement as it provides additional revenue to help offset payroll and helps retain control over this housing inspection program.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that the Mayor shall be authorized to sign the 2009 State/Local Cooperative Housing Inspection Program Agreement.

P. Authorizing Mayor to Sign Contract Between West Morris YMCA and MAC for the RAP Program

R-280-08

WHEREAS, there is a need to enter into a contract between the West Morris YMCA and MAC for the Rap Program; and

WHEREAS, the contract becomes effective September 1, 2008; and

WHEREAS, both parties agree to the terms of this contract.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, do hereby approve the contract between the West Morris YMCA and MAC.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

Q. Raffles

(1) Off-Premise 50/50, Randolph Chemical Engine Company No. 3, December 14, 2008, 2:00 p.m., 670 Millbrook Avenue, Randolph

(2) Off-Premise 50/50, Housing Partnership of Morris County, Inc., November 6, 2008, 6:30 p.m. to 10:00 p.m., Meadow Wood Manor, 461 Route 10 East, Randolph

(3) On-Premise Raffle, Housing Partnership of Morris County, Inc., November 6, 2008, 6:30 p.m. to 10:00 p.m., Meadow Wood Manor, 461 Route 10 East, Randolph

(4) Off-Premise Raffle, The Sturge-Weber Foundation, August 22, 2008, at the Sturge-Weber Foundation Headquarters, 1240 Sussex Turnpike, Suite A, Randolph at 12:00 Noon

(5) Social Affair Permit, St. Matthew the Apostle Parish, Feast Day Celebration, September 27, 2008, 6:15 p.m. to 11:30 p.m. at St. Matthew the Apostle Parish, Dover-Chester Road, Randolph

DISCUSSION ITEMS (Continued)

(2) COAH Compliance

Manager Lovell noted that the Council received a number of documents developed by the Township Attorney in concert with Robert Michaels and Darren Carney. Those documents analyze properties deemed at risk for development if there were builder remedy suits in the future. An analysis was done to determine whether or not the risk outweighed the number that might be assigned to Randolph by COAH, which currently appears to be 247 units. Despite his anger and frustration with COAH, the Manager would like to begin undertaking a housing study in the township with Robert Michaels.

Township Attorney Buzak stated that this document will be discussed generically in open session, however the detailed information that has been developed remains confidential. Also, he agrees with the Township Manager to undertake a housing study. The deadline for a decision to continue with COAH by filing a revised third round plan is December 31. The League of Municipalities has filed a motion with COAH to suspend or stay that deadline, however if that deadline is not stayed, he believes it is critical for Randolph to develop a plan.

Counciman Algeier asked what the housing study would accomplish.

Mr. Buzak responded that the study would:

build upon the vacant land analysis to determine whether or not the township can comply with the obligations COAH is imposing
it will look at the manner in which COAH has made their projections to determine if those are flawed in relationship to the township
if the projections are flawed, what the number should actually be
various ways to challenge COAH to adjust the number

Councilman Algeier asked if a recommendation to the Council by the Township Manager, Planner, and Township Attorney will be made from this study as to whether or not Randolph should stay with COAH and what the ramifications would be with either scenario.

Mr. Buzak responded that a recommendation will be provided to the Council. Mr. Buzak provided an explanation for COAH’s growth projections based solely on land capacity. A concern towns face with regard to zoning would be COAH forcing municipalities to change their height restrictions to allow for multi-story buildings to meet the number of units required. He noted that the COAH regulations are currently being challenged by the Builders’ Association, Fair-Share Housing, the League of Municipalities, a number of individual municipalities including Mt. Laurel Township, and groups of municipalities with common interests. The League has obtained a statistical economic expert who has provided a preliminary report that looked at the data and information upon which COAH’s projections were made and stated that many of the projections are unfounded or not supportable.

Councilman Algeier noted that if the regulations are not challenged, it will be assumed that a town has accepted them and it will be expensive to challenge them.

Manager Lovell noted that there is a second part to this discussion, which is the Highlands Regional Master Plan.

(3) Highlands Council—Regional Master Plan—$15,000.00—Initial Grant

Manager Lovell noted that he attended a meeting with Eileen Swan and Tom Borden from the Highlands Council and felt there were a couple of issues that were relevant and worthy of consideration. The Highlands Council is offering towns in the planning area a no strings/no obligation grant of $15,000.00 to go through the process of having an independent professional study the Highlands plan and recommend the impact of getting further involved in the Highlands. There is a second conformance grant being offered for $40,000.00, however there are financial strings attached to that grant. The implication being put forward by the Highlands is that if a town decides to conform, it would offer protection and assistance in meeting COAH obligations. However, at this point, the Manager is not sure the Highlands Council fully understands its relationship to COAH and is not sure this position would be successful. The Manager believes opting in to the Highlands plan, while possibly providing some protection, would also take away some property rights from individual property owners. He suggested taking the $15,000.00 grant in light of the COAH issues facing Randolph.

Mr. Buzak noted that there is a Memorandum of Agreement between the Highlands Council and COAH that will be a critical document. He is interested to see the wording of the document as opposed to the implications that have been made by the Highlands. It is his sense that, since they are both state agencies, it will not be as strong as implied in terms of protection from COAH.

Manager Lovell reiterated his concern that although acreage might be removed from consideration under Highlands, COAH will require that remaining acreage be developed as multi-story dwellings. He also sees a problem with limited available water in the town to sustain new development and the cost of bringing in water from other available sources to the town.

Councilwoman Mitsch asked how the study through the $15,000 grant will be different from the study being done by Robert Michaels.

Manager Lovell responded that the Highlands study will look at our land assets and compare them to regulations being set forth by the Highlands to tell us what the restrictions might be and what the capabilities of the land might be under the description.

Mr. Buzak believes there will be some overlap in the two studies and it will be helpful.

There was some discussion with several council members expressing frustration at the lack of communication between the two state agencies. It was recommended that the $15,000.00 grant be obtained, however at this point the Council will not pursue the $40,000.00 grant.

Councilman Algeier cautioned the Township Manager and Township Attorney that when they sign the contract for the $15,000.00 grant, they thoroughly review the document from every angle because he has little faith that money will come from the government with no strings attached.

Councilman Algeier made a motion that the Township Manager and Township Attorney be authorized to get information from the Highlands for the no-strings grant for the study and that they study the process and report back to the Council, at which point the Council will be in a position to establish a formal resolution to either enter into the agreement or not enter into the agreement. 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

(4) Establish a Council Sub-Committee to Review the Following Proposed Ordinances:

(a) Lot Grading Ordinance
(b) Storm Water Ordinance Amendment
(c) Fertilizer Ordinance—Revision—Evaluate Proposed Model
(d) Steep Slope Ordinance—Revision—Evaluate Proposed Model
(e) Septic Ordinance—Revision—Evaluate Proposed Model
(f) Riparian Protection Ordinance—Very Substanial Impact—Evaluate Proosed Model

Manager Lovell noted that there are several proposed ordinances dealing with land use that must be reviewed at the staff level. He suggested several council members volunteer to be part of a sub-committee in that review in an effort to streamline the process of bringing the ordinances to the council. The Manager provided a summary of those ordinances.

Councilman Alpert, Councilman Algeier, and Councilman Obremski volunteered to work on the sub-committee.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, voiced her concern over the COAH regulations. While she believes in the low income housing concept and that Randolph could accommodate more low income units, she believes the number imposed by COAH is unreasonable and would make Randolph a less livable community. She stated that the Council is obligated to challenge COAH in order to protect our open spaces.

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

COUNCIL AND MANAGER COMMENTS

The telephone connection with Councilwoman Price was lost.

There were no council or manager comments.

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. Assistant Manager Position
B. Shed on Sunset Drive

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

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

Deputy Mayor Metz made a motion to move into Executive Session. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

Councilwoman Mitsch made a motion to move back into Open Session. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

ADJOURNMENT

The Mayor adjourned the meeting at 10:35 p.m.

_________________________________
Donna Marie Luciani
Township Clerk

E X E C U T I V E S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Mayor Napoliello.

Present for the executive session were:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price (via telephone)
Deputy Mayor Metz
Mayor Napoliello

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

Assistant Manager Position

Mayor Napoliello asked for this discussion to see if, as a money saving effort, the Assistant Township Manager position could be eliminated.

Manager Lovell provided a copy of the job duties and responsibilities for the Assistant Township Manager. The primary function of the Assistant Manager is in the operation of the MCCPC, which is a money maker for the township and, through the internet, could be expanded to be more of a money maker bringing in towns and boards of education throughout the state. The day-to-day operation of the Co-op requires somebody with management, marketing and public relations skills to address and resolve customers’ issues. That is a responsibility the Manager does not think he could delegate to another staff member. Regarding other responsibilities:

The Manager’s office has taken over Buildings and Grounds Maintenance
Contract negotiations are constant in the township
MIS systems is critical since we are bringing in a new system at this time
Open space issues are on-going

The Township Manager feels strongly that the position of Assistant Township Manager should remain. A new hire will probably receive a salary of approximately $55,000.00 with increases as new responsibilities are added.

Shed on Sunset Drive

Mayor Napoliello asked the Manager to clarify the issue with the building on Sunset Drive.

Manager Lovell responded that he needs to speak with Bill Kerwick when he returns from vacation to get clarification on this issue, however he does not believe it was an intentional misrepresentation. The structure that was put in place is very similar to those at the Public Works yard. The Manager initially thought about taking the structure down, however several residents stated that they would be happy if the building could be made to look more attractive.

Councilman Algeier noted that a resident was at the Planning Board meeting and was genuinely nice and asked that the site be improved. The councilman assured the resident that the issue would be discussed at the Council meeting tonight and asked that the Manager contact the resident.

Manager Lovell responded that he will be speaking with Bill Kerwick on his return to find out the exact reason for the difference. He will also contact a local architect to being a design on improving the site. He will then contact the neighboring residents to give them an idea of what will be done to improve the site.

_________________________
Donna Marie Luciani
Township Clerk