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

Minutes: February 15, 2011

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Mitsch. 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 8, 2010, by emailing them the annual resolution adopted by the Council on December 7, 2010. 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 16, 2010.

PRESENT:
Councilman Algeier (arrived 8:45 p.m.)
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Mayor Mitsch attended a recent Economic Development Committee meeting where it was suggested that Council members, when frequenting local businesses, introduce themselves to the business owner and let them know the Council and Township staff will support them in any way possible. Planning is ongoing for the Fifth Friday Club whereby local business owners can meet informally with staff and council members at a local restaurant and the Mayor will let the Council know when those plans have been finalized.

Manager Lovell noted that Ray Stromberg will be retiring shortly after having admirably served the township for 25 years. The Manager, with assistance from Mr. Stromberg, Mr. McAndrew and Mr. Dunn, interviewed candidates for Mr. Stromberg’s position. The Manager provided background information on the candidate ultimately chosen and who has accepted the position, Mr. Richard Briant. Manager Lovell reported that a significant leak has been discovered in the water system on Route 10 and Mt. Pleasant and he has authorized a contractor to begin repairing the leak immediately. Testing of the entire water system will continue as planned.

Councilman MacArthur attended a recent Recreation Committee meeting and noted that registration for spring sports is going well. It is expected that program enrollment for 2011 will exceed that of 2010. The committee spent a good deal of time discussing possible fee increases and has assigned their finance sub-committee to continue working on possible ways to increase revenue. The Councilman noted that the Committee is not enthusiastic about increasing fees in order to recoup field maintenance costs. Councilman MacArthur read the following comment from the Recreation Committee into the record: “Randolph’s recreation facilities and programs don’t just benefit those who participate. They shape our character as a premier residential and family oriented community which impacts the desirability to live here and our property values.” Matt Tal has resigned his position on the Recreation Committee due to a potential future conflict and will be replaced in the near future.

Deputy Mayor Guadagno asked Councilman MacArthur what his feelings were about raising recreation fees to cover field maintenance costs.

Councilman MacArthur responded that, while he understands the arguments for and against this issue, he would prefer to wait until the budget is ultimately presented and the areas impacted before making any final judgment on this issue. At that time, he will be happy to discuss his opinion, whether popular or not.

DISCUSSION ITEMS

(1) YMCA COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

Manager Lovell noted that, as a trustee of the YMCA, he is removing himself from the discussion.

Mr. Lamia, the Director of the West Morris YMCA, made the following comments in his presentation:

He will be presenting his application to the County on March 7
The renovation will create a level surface in front of the door, provide automatic doors, a handicapped ramp to the side, and a new railing
The building is a full-facility YMCA with a lot of activities
A new addition to the YMCA was added and completed in early 2010
During the renovation, a limited access chair lift was added to make access to the lower level of the YMCA easier for all clientele
This major renovation was completed on time and within budget
One of the most popular items is the warm-water pool, which attracts a clientele unlike what they have experienced in the past
There was at one time 10 water classes with about 100 participants, which has now grown to 30 classes with approximately 500 participants
The clientele attracted by these classes would benefit from the new walkway and entrance, which is what is driving this project
The YMCA partners with many health organizations and has hired an exercise physiologist
He anticipates the number of people who benefit from these services to increase
If the YMCA is successful in obtaining the grant, a committee comprised of members from their Facilities Committee and Finance Committee would go through the bid process and supervise construction
He doesn’t see any regulatory obstacles
The project is estimated to cost $95,000.00 in total—the grant would pay $80,000.00 and the remainder would be paid for through Operations

Manager Lovell noted that the Council has no decision making responsibility with this issue. Their responsibility was to provide the opportunity for a local public hearing on this issue.

Councilman MacArthur made a motion in support of the grant application by the YMCA. Deputy Mayor Guadagno seconded the motion.

Mayor Mitsch opened the meeting to the public for public comment. Seeing no one from the public, the public portion was closed.

The following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

ABSENT: Councilman Algeier

(2) STORM WATER MANAGEMENT TRAINING

Paul Ferriero, Randolph Township Consulting Engineer, made the following comments during his presentation:

Municipalities are required to obtain a variety of points associated with their stormwater permits issued by the state
This training session for the governing body will qualify for a portion of the points required
The Stormwater Management Program, started in 2004 by the DEP, was set up as an offshoot of the Federal Clean Water Act and required that the state adopt Phase II stormwater rules
The Phase II stormwater rules created the series of requirements to which a municipality needs to comply
Municipal responsibilities include a series of state-wide basic requirements that must be accomplished in order to comply with the permit
Those requirements include the development of a Stormwater Pollution Prevention Plan, the development of a Stormwater Management Plan, the adoption of ordinances dealing with, among other things, the mapping and maintenance of stormwater outfalls, upgrading salt storage facilities, a ban on washing fleet vehicles and allowing the water to run into the sewer system, and illicit connections to the stormwater system, and maintenance of dumpsters
The required employee education was conducted in January
Each year it must be reported how many miles of road were swept and how many tons of debris were collected
The municipality is obligated to inspect, clean, and repair drains and retrofit inlets with smaller openings
The Township must repair outfalls and insure that Best Management Practices are properly maintained
Public education is another municipal responsibility
Each year by May 1 the Engineer must sign a certification to the state that all of these things have been done
Public education is one of the most interesting aspects of the annual responsibilities
Public education used to consist of a mass-mailing being sent to the residents of each town, but the general feeling is that was not effective
The Engineer suggested public education be brought to the schools to teach the children, who can then bring the information home
School presentation would make the town eligible to attain from one to five points
The town receives one point for the information contained on the web site
Having a stormwater display at a community event is worth another two points
A poster contest could generate points and could be tied in to the school presentations
He suggested the possibility of having the high school art department design a mural at Randolph Lake relating to water quality could earn three points
Partnering with a watershed group or working through the Environmental Commission is also an effective way to earn points
The municipality must earn ten points every year, and Randolph already has earned five this year

Comments and questions and answers from the Council and Township Manager included:

Is the County responsible for the Stormwater Management Plan because Randolph is a part of the Highlands (No, Randolph is responsible for its own Stormwater Management Plan and Master Plan)
What does the County’s responsibility (the County reviews the documents)
The Ironia section of town seems to be having a problem with ground water lately (this is a particularly bad year for ground water)
Is there a committee currently working on the ground water issue (no, but ground water is a permitted discharge into the storm drain system from a sump pump)
At one time, when sub-divisions were being planned, the idea was to drain those areas as quickly as possible, which ultimately caused flooding problems—retention and detention systems were designed to alleviate those problems—more recently it was determined that those basins that are not properly maintained often contain large amounts of pollutants that eventually make their way to drinking water sources and that more needed to be done to protect these water sources
The Manager expressed an appreciation for the regulations and believes there is a benefit to having the stormwater system as part of the infrastructure of the town and managed accordingly
There is a public education process that is well worth undertaking
The township has started the process of reclaiming and maintaining the public retention and detention basins

(3) PERSON TO PERSON TRANSFER OF LIQUOR LICENSE—1380 SUSSEX TURNPIKE

Manager Lovell noted that this person to person transfer does not place the license at a location or put the license into use.

Robert Williams, the attorney representing 1380 Sussex Turnpike LLC, stated that the license is currently a pocket license held by Caldoo since 2006. There is an agreement in place for his client, Nick Stavrakis, to purchase that license and it will remain a pocket license. Should Mr. Stavrakis wish to activate the license and place it at a location within the community, he must return to the Council for permission to do so. Mr. Stavrakis has completed the application, advertised, submitted for fingerprinting, provided the source of funding, and has complied with every statutory and regulatory requirement. Mr. Williams stated that they are at this meeting to obtain the approval of the Council to transfer the license so that the closing can proceed.

Mayor Mitsch asked if all of the steps required for the transfer have been satisfied.

Mr. Williams responded that the required steps have been satisfied. They have tax clearance from the State of New Jersey. The last remaining step is for the Council to adopt a resolution allowing the transfer from one entity to the other as a pocket license. The license will remain with the Township Clerk.

Councilman MacArthur asked if Mr. Stavrakis has a planned use for the license at this time.

Mr. Stavrakis responded that there are no plans for this license at this point.

Councilman MacArthur asked Mr. Williams to elaborate on Section 6.3 of the completed application.

Mr. Williams responded that within the last ten years, Mr. Stavrakis had an interest in a license that was cited by the State ABC and noted that no action was taken. The license was subsequently sold to Westside Grill and problems were again cited with the subsequent purchaser in 2008. Mr. Williams noted that he has provided the history of the license to the Township Clerk and Township Attorney. Mr. Williams stated that the last time Mr. Stavrakis had any involvement with a license or received correspondence from the ABC was in 1991. Mr. Williams stated that he wrote a letter to the Township Clerk asking for any prior information. Mr. Williams concluded that he checked the box in Section 6.3 since he knew there was something provided by the state ten years ago that pertained to the license.

Councilman MacArthur asked Mr. Williams to elaborate on the nature of the problem cited by the ABC.

Mr. Williams responded that there was a charge of employing a disqualified person. State records show there was no penalty and no fine. Evidently someone was working on the premises that had a disqualification and they were removed from the premises. The second charge from the state cited Taylor charges in 1991, with no fine or penalties or municipal action required. Mr. Williams noted that the charges were not serious offenses and nothing that would preclude his client from having an interest in a license and that he had forwarded this information to the Council.

Mr. Buzak, Randolph’s Township Attorney, noted that he did not have the information in his possession that Mr. Williams was just referring to. In his file, there is a letter from Mr. Williams to a member of Mr. Buzak’s law firm referring to an interest in a liquor license under the trade name Obsessions within ten years of the date of the application and received a fine in lieu of a suspension. That license was subsequently sold.

Mr. Williams responded that he has a letter dated August 13, 2010. He believes he received a letter from Mr. Buzak’s firm requesting Mr. Williams provide the information to the Township Clerk and he believes he did so.

Mr. Buzak stated that he was not suggesting Mr. Williams was attempting to bypass, however he reiterated that he does not have that information.

Mr. Williams responded that he is not hiding anything. He stated that perhaps the question is in the application so that when you take a license that has a history of serious problems, you acknowledge you’re aware of it, you must disclose this information to the town, you’re aware this is a trouble spot and that there are certain defenses that may not be available to you. In this case, Mr. Williams noted none of this would apply. The license his client is purchasing is inactive. His client has not had anything in over ten years and is not disqualified from having a license.

Mayor Mitsch asked Mr. Stavrakis to elaborate on the two items referenced by Mr. Williams.

Mr. Stavrakis responded that they had an employee with some kind of criminal record and when they discovered that fact, the employee was dismissed. Mr. Stavrakis noted that he vaguely remembered the incident. Mr. Stavrakis stated that he did not know what the other item was, perhaps a noise violation or something to that effect.

Mr. Buzak asked if that was referencing the license Mr. Stavrakis is purchasing.

Mr. Williams responded no, Mr. Stavrakis had an interest in a license ten years ago and received a letter. Mr. Williams noted that he provided that information because the application asks about anyone who has a beneficial interest in the license who may have had other problems with the ABC within the last ten years.

Councilman MacArthur noted that the background check suggested there were three local ordinance complaints in 2010 relating to the business that Mr. Stavrakis operates in Randolph. While the Councilman recognizes that this is not directly related to the liquor license, he would like to have a better understanding of what those offenses were.

Mr. Stavrakis responded that he does not know what the offenses were. He noted that he is just the landlord for the building.

Councilman MacArthur read the following background check information into the record: “Dated October 5, 2010—Be advised I have performed a background check limited only to Mr. Nicholas Stavrakis regarding his application for a liquor license. My results are as follows. A check of all in-house data bases resulted in four police contacts with Mr. Stavrakis, one contact being a landlord/tenant dispute in 2008 and three local ordinance complaints in 2010.”

Mr. Stavrakis responded that he owns two homes in Randolph and the building which houses Confetti. He stated he did not recall the specific events, the violations could have been for any of those properties.

Mayor Mitsch suggested tabling this issue for another meeting since there is some other history with respect to Mr. Stavrakis and Obsessions that needs to be brought to the Council before making an informed decision.

Mr. Williams asked what history the Mayor is looking for because he has done the state, federal, county and local checks.

Mr. Buzak responded that he recalls the Council had a proceeding where the liquor license in which Mr. Stavrakis had an interest was either revoked or suspended and subsequently sold.

Mr. Williams responded that the incident happened over ten years ago.

Mayor Mitsch responded that the incident occurred during her time on the Council and she was a part of that hearing.

Mr. Williams stated that he wrote to the state for their records. He wrote to the Township Clerk and did not receive any information from her for any occurrences within the last ten years. Mr. Williams stated he was before the Council in 1986 and either in 1990 or 1991, however he didn’t recall a more recent incident.

Mayor Mitsch responded that she’s been on the Council since 2002.

Mr. Buzak noted that he was in possession of a letter dated October 4. The response Mr. Williams gave to Ms. Cofoni of his law firm stated that Mr. Stavrakis had an interest in a liquor license in Randolph under the trade name Obsessions within ten years of the date of the application. The liquor license received a fine in lieu of suspension and the license was subsequently sold.

Mr. Stavrakis stated that he recalled the incident and that there was a Council hearing at the time.

Manager Lovell noted that an altercation took place at Obsessions that caused a rather substantial police response. At that time, the Council, after a lengthy hearing, took action against Obsessions and placed conditions on the liquor license. The Manager doesn’t recall if there was a suspension but believes a fine was imposed. Within a year or two, the liquor license was sold and Obsessions reopened as Confetti, a business catering to family parties and such. Confetti has no liquor license and there was no alcohol served there. The Manager noted that there have been no problems at the property until this year. Confetti is now a teen night club. The Manager believes the ordinance violations in 2010 were noise ordinance violations. The police spoke with Mr. Stavrakis and Mr. Stavrakis assured the police he would address the issue. Complaints have since ceased.

Mr. Stavrakis responded that Weights and Measures came to the property and did sound testing and were satisfied with the results.

Mayor Mitsch asked the Council members if they wished to table this issue for another meeting in order to review the history of the case.

Councilman MacArthur and Deputy Mayor Guadagno noted that they would be unable to vote in favor of the transfer this evening.

Mr. Williams asked for a copy of the records that will be reviewed by the Council.

Councilman MacArthur asked Mr. Buzak if things that happened within the last ten years were appropriate to consider regarding this issue.

Mr. Buzak responded that it would be appropriate to consider events that happened within the last ten years. He continued that it be appropriate to be aware of incidences going back farther than ten years. This doesn’t mean that the Council can deny a transfer, but the information is something to consider. The Council’s function is to determine whether the people applying for this license transfer are qualified. There are legal qualifications, but there are also generic qualifications that should be considered as well. The incidents discussed tonight occurred within the last ten years.

Mayor Mitsch noted that this issue will be placed on the February 24 agenda.

(4) COMPREHENSIVE CROSSWALK ORDINANCE

Manager Lovell noted that Council requested additional information be brought to the table regarding crosswalks. He invited Sgt. Garry Moore and Paul Ferriero to the meeting to provide that information. Many of the crosswalks at this time are unregulated. Because of this, the Engineering Department and Police Department performed an audit of the community to determine where the crosswalks are, what ordinances are on the books, how the crosswalks are marked, and signage at the crosswalks in order to come up with a comprehensive ordinance governing all of the crosswalks. If the Council approves such an ordinance, modifications will be necessary at many of the crosswalks, especially in the area of signage. The Manager believes there may be liability if this issue is not addressed. The Engineering Department suggested removing crosswalks that do not comply with state standards.

Mr. Ferriero noted that the general public has an expectation that a crosswalk that is marked on the road is covered by the law. Most of the crosswalks in Randolph are not covered. The purpose of the ordinance would be to make all of the crosswalks uniform and in compliance with state standards.

Deputy Mayor Guadagno asked if the laws dealing with crosswalks were changed from yielding to stopping.

Sgt. Moore responded that the law says a motorist must stop if there is a pedestrian anywhere in the crosswalk. However, there is also responsibility on the part of the pedestrian that says before they step into the crosswalk, there must be enough room for a car to stop properly and safety.

Concerns and questions from the Council included:

Is the Engineer satisfied with the location of the current crosswalks (yes)
How much will it cost to do all of the required signage ($9,000.00)
Does the town need to acquire any right-of-ways for these signs (no)
Are other towns putting up signs at their crosswalks (yes, such as Morristown and Chester)
Why aren’t more rural towns putting up signs at their crosswalks (that’s unknown)
Is the crosswalk motor vehicle code a state level code (yes, and one of the requirements is that the crosswalk be marked in accordance with the manual and traffic control devices are employed)
Do crosswalks have to be marked on the approach (a sign needs to be at the crosswalk with an arrow pointing to the crosswalk—an additional sign may be needed on the approach depending on sight distance)
Is there an example of a crosswalk in Randolph with a sight distance problem (near James Andrews Park and near Shongum School)
Do the signs have to be lighted (no)
Are crosswalks only enforceable if there is a sign (a crosswalk has to be in the ordinance in order to be enforceable—for the ordinance to be valid, the crosswalk has to be signed in accordance with the manual on uniform traffic control devices)
If a pedestrian is hit in a crosswalk and is not in the ordinance, would a motorist be found negligent (the Engineer would defer to legal counsel for the answer)
Crosswalks have existed in New Jersey for decades marked with white lines and later adding hash marks—are the new signs due to the new ordinance (the signage is new with the updated version of the Manual for Uniform Traffic Control Devices)
Does the statute require the town to re-mark all of the old crosswalks that were valid when they were put in, in order to enforce the law (the crosswalks are not valid now because they are not in the ordinance)
Could those crosswalks be grandfathered

Councilman Algeier stated that he is not in favor of spending $9,000.00 on signs in order to enable the police to issue tickets to motorists for failing to stop at a crosswalk. He doesn’t believe adding the signs will increase the safety to pedestrians in the crosswalks.

Manager Lovell responded that there were a number of locations listed in the ordinance. Many of the existing crosswalks were designed properly and reviewed by Traffic Safety. However, there are some older crosswalks in town where signage may not be adequate and perhaps should be modified.

Mr. Ferriero noted crosswalks located at controlled intersections where there is a traffic light or a stop sign would not require signage.

Councilman MacArthur agreed that public safety is a driving factor for the ordinance, however he is not sure that this proposed ordinance would increase safety. He asked if Randolph should ignore the manual’s suggestion to modify the crosswalks, especially after discussion, does that create exposure where someone could bring a law suit if something should happen.

Councilman Algeier responded that based upon the New Jersey Tort Claims Act, if the Council decides to limit where to place the crosswalk signs because of the current budget crunch, they would be using their discretionary activity as a Town Council and that can not be second guessed by the courts. However, that does not stop someone from filing a law suit.

Councilman Obremski asked Councilman Algeier if his question on this issue is with the signage or with putting the crosswalks in the ordinance and making them valid.

Manager Lovell stated that he is concerned about public safety. The NJ DOT wants those standards implemented across the state. The Manager believes that by painting the crosswalk lines across the street, the public is then invited to cross at that location, and his concern is that Randolph is not taking the steps necessary to make those crossings as safe as possible.

Councilman Algeier reiterated that the only issue he is questioning is adding signs to otherwise very visible and well marked crosswalks.

Mr. Ferriero responded that there should not be more signs put up than absolutely need to be and should be applied with discretion. Many existing crosswalk signs merely need to have a stop sign added to them so that motorists are reminded they must stop if a pedestrian is in the crosswalk.

Councilman Loveys asked if any existing crosswalks could be eliminated.

Mr. Ferriero responded that he has not gone through an exercise to determine if any existing crosswalks could or should be eliminated. Many of the existing crosswalks do not require signage since they are at controlled intersections. Other crosswalks will require signage. Mr. Ferriero’s intent was to ensure all of the crosswalks are in the ordinance in one location.

Councilman MacArthur asked if some of the crosswalks are removed from the ordinance, must the town remove the painted lines.

Mr. Ferriero reiterated the Manager’s point that there is an expectation from the public when using a crosswalk. Mr. Ferriero stated that he understands Councilman Algeier’s concern with signage and the costs associated with that. There is no signage required at the crosswalks located at controlled intersections. Those crosswalks would be included in the proposed ordinance and would be enforceable. The debate seems to be what is the appropriate level of signage at the mid-block crossings and uncontrolled intersection crossings. It would be his recommendation that, if the Council decides to not install signage at those crosswalks, the stripes should be removed.

Councilman MacArthur stated his concern that motorists often do not know the law that they must stop when a pedestrian is in a crosswalk. The Councilman would be in favor of placing signs at the more heavily trafficked crosswalks for safety reasons.

Mayor Mitsch asked Mr. Ferriero why he would recommend removing crosswalks if the Council decides to not place signs at that location.

Mr. Buzak asked if there have been any studies generated over the last several years concerning the benefits of the signs.

Sgt. Moore responded that he is not aware of any reports for rural areas at this point.

Deputy Mayor Guadagno stated that he likes the idea that every crosswalk would be in some kind of legislation for tracking purposes. However, he agrees with Councilman Algeier that not every crosswalk requires signage. The Deputy Mayor suggested perhaps limiting the amount of money spent for signs at the more critical crosswalks this year and revisiting the issue for the others next year.

Councilman Algeier requested that the staff evaluate all of the crosswalks and prioritize those that need signage.

Manager Lovell responded that staff can evaluate the crosswalks and rank them on some sort of scale of significance. Any crosswalks found to be insignificant can be removed from the ordinance and painted lines removed.

Mr. Ferriero noted that he will go through his information and identify which crosswalks require signs.

Councilman Napoliello suggested the Manager provide the cost for signage when the crosswalks have been identified.

(5) LONGVIEW PARKING RESTRICTION

Manager Lovell noted that Councilman Loveys pointed out there was already an ordinance in place restricting parking on one side of entire length of Longview, however the road was never marked with street signs. The Manager suggested amending the ordinance to place the parking restriction on one side of Longview for the first 250 feet.

Councilman Obremski noted that parking on the other side be automatically restricted for the first 50 feet due to the stop sign. A fire hydrant on the other side where parking will be restricted will provide for another 50 feet or so of prohibited parking.

Manager Lovell stated that work will begin to amend the ordinance to get it ready for introduction.

(6) CELL TOWER—MUNICIPAL CAMPUS

Manager Lovell noted that perhaps 18 months ago, the Council was considering leasing space for a cell tower on municipal property. At that time, two former Board of Education members who were very alarmed about the placement of a cell tower so close to the schools provided information to the Manager and Council regarding safety concerns. At that time, the Manager believed not enough research had been done and let the issue of the cell tower drop. Recently the Manager has been contacted by several cell tower companies who are interested in locating a cell tower in Randolph in order to improve cell service. The Manager has been very upfront with these companies by telling them there was a lot of push back by the residents when this issue was on the table in the past. Manager Lovell has told them that, while he is willing to bring this issue back to the Council for consideration, those companies will be expected to provide proof that public health will not be compromised. The Manager decided to bring this issue to the Council in an open forum so that residents will be aware of the process. As these companies provide the required information, the Manager will bring that to the Council for further discussion. At the current time, the most likely scenario would be to replace the tower in the back of the municipal building with a taller one, the tower would be privately owned, they would lease the space from the Township, and the Township would receive a fee.

Deputy Mayor Guadagno stated that the Planning Board has dealt with the issue of cell towers for years. In his view, the public is generally satisfied when they learn that the Township monitors the usage and, if standards are not being met, the tower is shut down.

Mayor Mitsch asked what the difference will be from the power generated by the proposed new tower versus the existing tower.

Manager Lovell responded that he did not have an answer to that, however when this issue was on the table the last time, he was told that the average child at the high school has more exposure from holding a cell phone in their hand than he would have from the transmitters.

Manager Lovell will keep the Council advised as this issue moves forward.

COMBINED ACTION ITEMS

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

A. Person to Person Transfer of Liquor License to 1380 Sussex Turnpike, LLC

Item was tabled to future agenda.

B. Authorizing Award of Contract for Printing Services with Various Printers

R-60-11

WHEREAS, the Township of Randolph wishes to award a contract for Printing Services for a contract period of one (1) year, February 1, 2010 - January 31, 2011; and

WHEREAS, bids have been advertised and received on February 1, 2011, in accordance with the “Local Public Contracts Law”; and

WHEREAS, Ridgewood Press, Ridgewood, New Jersey, was low bidder for Items 1, 5A, 5B, 10A, 10B, 19, 20, 21; Hawk Graphics, Mt Freedom, New Jersey, was low bidder on Items 2, 2A, 2B, 3, 3A, 3B, 4, 7, 7A, 7B, 8, 8A, 8B, 9, 9A, 9B, 10, 17a,b,d,e,f,g,h,i,j, 18a,b,c,d,e,f,g,h,i,j, 24; Morris County Duplicating, Morristown, New Jersey, was low bidder on Items 4A, 4B, 13, 14, 16; J & E Business Services LLC, was low bidder in Items 5, 11; Premier Printing, Sayreville, New Jersey, was low bidder on Items 6, 6A, 6B, 17c, 22, 23; and

WHEREAS, there were no bids for Items 12 and 15.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above for Printing Services for the Township of Randolph for the contract term February 1, 2011, to January 31, 2012.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2011

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 2011 Budget, Various Departments, to award a contract to Ridgewood Press, Hawk Graphics, Morris County Duplicating, J & E Business Services, LLC, and Premier Printing for Printing Services for the Township of Randolph in accordance with the bid documents on file with the Qualified Purchasing Officer.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Mayor to Sign Contract with Cintas for Uniform Rentals for DPW Through February 20, 2012

R-61-11

WHEREAS, the Township wishes to enter into a contract with Cintas for Uniform Rental Services for the Department of Public Works; and

WHEREAS, the term of this contract is from February 21, 2011, through February 20, 2012, with the option to extend for an additional two years; and

WHEREAS, the fees for this service are $5.50 per person plus $1.00 per person for sweatshirts and a weekly deliver charge of $3.00 per week; and

WHEREAS, this contract in its entirety will not exceed the bid threshold; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Mayor be authorized to sign the contract with Cintas for Uniform Rental Services for the Township of Randolph for the contract term February 21, 2011, to February 20, 2012, with the option to extend for two additional years.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2011

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 2011 Budget, Streets and Roads, Other Expense, Recycling, Other Expenses, Building and Grounds, Other Expenses, Water and Sewer, Other Expense, to award a contract to Cintas for Uniform Rental in accordance with the bids on file with the Qualified Purchasing Officer.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Release of Police Detail Escrow to Verizon ($71.00) and Melick-Tully & Associates ($355.00)

R-62-11

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:

Verizon $71.00
Melick-Tully & Assoc. $355.00

E. Authorizing Award of Professional Services Agreement for Health Education Consulting to Kristine Wilsusen—Not to Exceed $15,150.00

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WHEREAS, the Township of Randolph has a need to retain Kristine Wilsusen MA, CHES, Sole Proprietorship, pursuant to the provisions of N.J.S.A. 19:44A-20.4; and,

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

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Kristine Wilsusen, MA, CHES, Sole Proprietorship has indicated she will complete the Health Education Consulting at a rate of $45.00 per hour for an amount not to exceed $15,150.00; and

WHEREAS, Kristine Wilsusen, MA, CHES, Sole Proprietorship has completed and submitted a Business Entity Disclosure Certification which certifies that Kristine Wilsusen, MA, CHES, Sole Proprietorship 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 Kristine Wilsusen, MA, CHES, Sole Proprietorship 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 Kristine Wilsusen, MA, CHES, Sole Proprietorship 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: February 15, 2011

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 2011 Budget, Health, Other Expense, to award a contract to Kristine Wilsusen, MA, CHES, for Health Education Consulting in the amount not to exceed $15,150.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing Purchases From MCCPC—Contract #47 Water Meters/Data Recorders & Radio Frequency From Various Vendors as Needed—Not to Exceed $40,000.00

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WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #47, Water Meters/Data Recorders & Radio Frequency Meter Interface Units, from various vendors as needed for all departments in the Township; 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 Morris County Cooperative Pricing Council Contract #47 as needed for all departments in the Township.

G. Authorizing Purchases From MCCPC—Contract 20A and 20B for Sporting Goods and Equipment From Various Vendors as Needed—Not to Exceed $150,000.00

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WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contracts #20A and #20B, Sporting Goods and Equipment, from various vendors as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $150,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Morris County Cooperative Pricing Council Contracts #20A and #20B, Sporting Goods and Equipment, from various vendors as needed for all departments in the Township.

H. Authorizing Purchases From MCCPC—Contract 42 for Landscaping Materials From Various Vendors as Needed—Not to Exceed $40,000.00

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WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #42, Landscaping Materials, from various vendors as needed for all departments in the Township; and

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

I. Authorizing Purchases From MCCPC—Contract 16 for Office Supplies From Various Vendors as Needed—Not to Exceed $50,000.00

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

WHEREAS, these purchases will not exceed $50,000.00.

J. Authorizing Purchases From MCCPC—Contract 1 for Motor Gasoline From Various Vendors as Needed—Not to Exceed $200,000.00

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WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #1, Motor Gasoline, as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $200,000.00. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Morris County Cooperative Pricing Council Contract #1 as needed for all departments in the Township.

K. Authorizing Purchases From MCCPC—Contract 5 for Paving Materials as Needed—Not to Exceed $700,000.00

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WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #5, Paving Materials, as needed for all departments in the Township; and

WHEREAS, these purchases will not exceed $700,000.00.

L. Authorizing Purchases From MCCPC—Contract 14 for Catch Basins And Manhole Castings From Various Vendors as Needed—Not to Exceed $50,000.00

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WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #14 Catch Basins and Manhole Castings from various vendors as needed for the Department of Public Works; and

WHEREAS, these purchases will not exceed $50,000.00.

M. Authorizing Purchases From NJ State Contract T0123 for Automotive Tires From Various Vendors as Needed—Not to Exceed $40,000.00

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WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0123 for Automotive Tires from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; 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 #T0123 using various vendors as needed for all departments in the Township.

N. Authorizing Purchases From NJ State Contract T2085 for Automotive Parts for Heavy-Duty Vehicles From Various Vendors as Needed—Not to Exceed $50,000.00

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WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T2085 for Automotive Parts for Heavy-Duty Vehicles over 15,000 lbs. from various vendors; and

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

WHEREAS, these purchases will not exceed $50,000.00.

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 #T2085 using various vendors as needed for all departments in the Township.

O. Amending Professional Services Agreement Awarded for Legal Services for Labor and Negotiations to Fredric Knapp for an Additional $20,000.00—Not to Exceed $30,000.00

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WHEREAS, an agreement was a awarded to Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC on January 18, 2011, for Labor and Negotiations; and

WHEREAS, the original agreement was in the amount of $10,000.00 and an additional $20,000.00 is needed; and

WHEREAS, the total of this contract with Amendment I will not exceed $30,000.00; 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: February 15, 2011

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 2011 Budget, Legal, Other Expense, to amend the contract with Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC for Legal Services for Labor and Negotiations in the amount not to exceed $20,000.

_____________________________
Michael J. Soccio
Chief Financial Officer

P. Authorizing Award of Contract for Geotechnical Testing for Proposed DPW Maintenance Center to SOR Consulting Engineers, Inc.—Not to Exceed $4,000.00

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WHEREAS, the Township of Randolph has a need to retain SOR Consulting Engineers, Inc., pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, SOR Consulting Engineers, Inc. has indicated they will complete the proposed Geotechnical Investigation for an amount not to exceed $4,000.00; and

WHEREAS, funds are available for this purpose.

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

BE IT FURTHER RESOLVED that the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2011

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 Reserve for Preliminary Expenses - DPW Facility, to award a contract to SOR Consulting Engineers, Inc., for Geotechnical Testing With Regards to the New DPW Facility in the amount not to exceed $4,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

Q. Authorizing Professional Services Agreement with EcolSciences for Environmental Assessment of Demolition Sites at Cohn Farm on Center Grove Road—Not to Exceed $1,500.00

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WHEREAS, the Township of Randolph has a need to retain Ecolsciences, Inc. pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Ecolsciences, Inc. has indicated they will complete the Environmental Services for an amount not to exceed $1,500.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 15, 2011

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 #23-00, Acquisition of Land - Open Space, to award a contract to Ecolsciences, Inc. for Environmental Services with regard to Block 82, Lot 89.02, Center Grove Road, in the amount not to exceed $1,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman MacArthur noted that the President approved disaster relief for New Jersey stemming from the December 26 and 27 snow storms and asked if Randolph will be entitled to any of that money.

Manager Lovell responded that Ray Stromberg, who is the current Emergency Management Coordinator, will be attending the program that will be held on this issue and will be pursuing those dollars. The Manager noted that the newly appointed Fire Official, Richard Briant, will not be appointed as the Emergency Management Coordinator upon Mr. Stromberg’s retirement at the end of the month. Manager Lovell will be appointing Bill Wagner to serve in that capacity.

Councilman Napoliello noted that there are currently two vacant positions on the Recreation Committee.

Councilman Algeier thanked the Council for re-arranging the agenda so that he could be in attendance for some of the items. At the recommendation of Mayor Mitsch, Councilman Algeier has been appointed to the newly formed New Jersey League of Municipalities Emergency Management Committee.

Councilman Obremski noted that he received information from the Finance Director that the electric rate the town pays as part of the Sustainable Energy Program is about 10 cents a unit. For comparison purposes, the default rate if Randolph were not a part of the program would have been 11.1 cents in the winter and 11.7 cents in the summer.

Councilman Loveys noted that he attended a recent Parks Committee meeting the request by Mr. Van Brunt to implement fees to help cover the cost of field maintenance was discussed. Although the money to be raised is not insignificant, it is their sense that if such fees were implemented, there would be push back from the participants.

Deputy Mayor Guadagno asked if the newly appointed Fire Official was a resident of Randolph, which he feels would be an asset given the nature of the position.

Manager Lovell responded that he does not reside in Randolph at this time but he does live nearby.

Deputy Mayor Guadagno asked if the Council has a position on an issue at the RVRSA where a plant in Mine Hill is requesting a huge amount of water gallonage.

Manager Lovell responded that, due to the current economic times, this item is likely being looked at more favorably than it would have been ordinarily. He believes providing the water would impact Randolph.

ADJOURNMENT

The Mayor adjourned the meeting at 10:20 p.m.

________________________________
Donna Marie Luciani
Township Clerk