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

Minutes: February 17, 2009

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Metz. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009. The time change for tonight’s meeting was advertised in the Daily Record on February 13, 2009.

Mayor Metz led the Pledge of Allegiance.

PRESENT:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

ABSENT:
Councilwoman Mitsch
Councilwoman Price

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

SWEARING IN CEREMONY—Robert Mason, Chief of Police

Manager Lovell provided a summary of Robert Mason’s career with Randolph leading up to his promotion to Police Chief, including:

Hired in 1985 as a patrol officer
Promoted to sergeant in 1993
Promoted to lieutenant in 2001
Acted as Police Department’s liaison for the Counter Terrorism Liaison Program working directly with the Office of Emergency Management
In 2004 he became Patrol Division Commander
Holds an Associates Degree in Criminal Justice
Holds a Bachelor of Arts Degree in Public Administration
Holds a Masters Degree in Administrative Science
Certified Public Manager in the State of New Jersey
Completed the West Point Command and Leadership Program
Received numerous awards, including the Medal of Honor, four life saving awards, two meritorious service awards, a physical fitness award, and an education award
Received the 200 Club Valor Award and citations from the U.S. House of Representatives and New Jersey General Assembly

Clorinda Mason administered the Oath of Office to Robert Mason.

Chief Mason delivered the following speech:

Thank you all for coming. I would like to extend a special thank you to the following people who have had such an impact on my life and career.

To my wife, Clorinda, for the support and encouragement she has given me over the years. I have re-coined the phrase “behind every great man stands a woman” to “next to every man is a great woman.” Clorinda, I love you and thank you.

To my mother and father, who are no longer with us, but who instilled the qualities in me that have allowed me to achieve this goal. To my mother- and father-in-law, who have always treated me like a son, have always been there to support me, taught me the value of family.

A special thank you to retired Chief McLagan who is chasing the little white ball around the grass in Florida. He gave me an opportunity to begin my career at 18 years old while attaching the penalty for my failure to now Lt. Don Smith.

A special thank you to retired Lt. Gary DeFoe. We shared dreams and visions of the department and you became the greatest three-legged horse that I ever attached my carriage to.

To Sgt. Mike Haas, who was my sergeant for the first seven years of my career. He taught me what it was to be a cop and I taught him what it was to be 18 again. Thank you for your guidance and your encouragement.

To Lt. Gary Gouck, a cop’s cop, who made me happy that he was on our side of the law. An intimidating man, especially when he is not wearing a skirt (kilt).

To Ray Nisavaccia, who has been a father figure to me. He has provided me with advice and guidance that I value very deeply.

And to George Tannous, who has been my biggest supporter over the past ten years. Thank you for everything you have done for me and my family.

I would like to thank Prosecutor Bianchi for attending this evening. We have developed a great relationship with your office over the years and I look forward to continuing that relationship.

While I have dreamed that one day I would be Chief of the department, it is hard to believe that it finally has happened. The department has faced a number of issues over the past several years which is why I view this position as the greatest challenge of my career. I intend to re-focus the department on its core law enforcement functions, as I believe that it is better to do a few things extremely well than to do many things half-hearted.

To the officers of my department, please know that as hard as I ask you to work for me, I will work even harder for you. While I don’t have all of the answers, let alone all of the questions, I ask the Township Manager and the Township Council to hold me accountable for my performance. Don’t worry if I stumble or fall because I will get back up and move forward with even greater perseverance.

Once again, thank you all for coming and please join my family and I for some refreshments.

Mayor Metz congratulated Chief Mason. He noted that many residents have approached him and told him that Chief Mason was the right choice for the position.

Deputy Mayor Alpert stated that he was a part of the selection process and thanked the Township Manager for asking him to participate in that process. The Deputy Mayor noted that he was very impressed with Chief Mason and congratulated him on his appointment.

Councilman Algeier thanked Chief Mason for being Randolph’s liaison to the four families personally affected by the September 11, 2001, tragedy. The Councilman noted that it must have been a difficult assignment and that Chief Mason’s work over the years has not gone unnoticed by the Council. As the Councilman became involved in Homeland Security in 2003, Chief Mason was on the top of his list for appointment to the committee. The Councilman congratulated Chief Mason and stated that he is confident the Chief will continue to ensure that Randolph is “where life is worth living.”

ADJOURN FOR RECEPTION

RE-CONVENE COUNCIL MEETING IN COUNCIL CHAMBERS

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that a newspaper article noted that the Council had appointed Chief Mason on February 11, however she was unaware that the Council had a meeting on February 11.

Manager Lovell responded that the newspaper was mistaken and that the Council does not appoint the Police Chief. That is a function of the Township Manager. The Township Manager did appoint Chief Mason to his position on February 11 and he was sworn in at that time.

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier noted concerns expressed by the Municipal Alliance Committee dealing with a plan in Trenton to strip the Governor’s Council of Alcoholism and Drug Awareness of its power, authority, and funding, and to roll it into the Department of Human Services. The MAC has asked the Township Council to take a position in this issue. Councilman Algeier, in his role as liaison to the MAC, has composed a letter that essentially recognizes that an audit done has exposed legitimate problems, however also noting that the DHS has problems of their own and that bringing everything under DHS is not going to guarantee that waste will be eliminated or that abuses will not occur. The letter is addressed to Senator Bucco and it proposes sending the letter to all of our state representatives asking them to look closely at this issue.

Councilman Napoliello noted that the Township staff has been working on the Highlands issue to determine whether or not Randolph opts in to the plan. At this point, staff is comparing open space to what COAH considers to be open space.

Mayor Metz reported that the Library Board of Trustees met and discussed the solar panel initiative for that building and the plans for installing a new roof prior to that initiative. He will be attending a meeting with the School Board where they will discuss using the Township as a vendor whenever possible as well as plans for Senior Career Day on April 22. The Mayor has received an invitation to the Leadership Morris forum where he will participate in a panel on economic development and impacts of the Highlands.

Manager Lovell stated that there will be a Council meeting on Saturday, February 21, beginning at 8:30 a.m. where the 2009 budget process will be discussed. He reiterated that no numbers have come forward from the state as yet, therefore projecting the tax rate at this time is impossible.

Manager Lovell introduced several guests in attendance, including: Norma Jacobs, Randolph’s Animal Control Officer; Claudine Cheung, President of the Friends of the Animal Pound; Vincent Deblanda, the accountant for the Friends of the Animal Pound; Sue and Bob Gordon, and Marty Byrnes. He noted that Woody Hedden is not in attendance, however the Manager did report that he named his new puppy after Woody.

ORDINANCES

A. Introduction

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

Manager Lovell highlighted revisions that were made to this ordinance, including:

The threshold for impervious surface has been increased from 500 square feet to 1,000 square feet
The 2500 square foot threshold for soil disturbance has remained, however the term “new soil disturbance” has been added to two parts of the ordinance for both pervious and impervious coverage
Pending further Council discussion, the fee of a $50.00 application fee will remain in the ordinance to cover the cost of Township staff performing inspections on site

The Manager will provide to the Council a list of the complaints that have necessitated the drafting of this ordinance.

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

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 17th of March, 2009, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said ordinance in full or by summary with the Notice of Introduction thereof, in the official designated newspaper according to law.

Councilman Algeier expressed concern about the language in the proposed ordinance and noted his desire to protect the resident who is doing a little bit of work on his property as opposed to those residents doing major renovations.

Manager Lovell suggested not acting on the proposed ordinance at this time to allow for further revision.

Council agreed to pull the proposed ordinance.

DISCUSSION ITEMS

(1) Update on E.A. Porter

Manager Lovell stated that he has had discussions with both Habitat for Humanity, who want to develop low and moderate income housing at the site, and with Allies, Inc., who propose establishing group homes at the site.

In regard to the Habitat proposal, at this time the Manager is waiting for responses to a request for proposals from Habitat dealing with site contamination issues. The project will also include Habitat obtaining a LOI for development purposes and an up-to-date survey of the property. The Manager is going to request a formal Letter of Agreement with Habitat to provide a firm understanding between all parties. The Manager is looking to fully commit monies held in the developers’ fee fund in the event COAH demands the turning over of the money in this account. This project will require a large amount from that fund.

Regarding the Allies, Inc., proposal, Allies, Inc., has provided a Letter of Understanding. The Manager has asked them to refine that letter to make it more specific. This would be another project where developer fee funds would be used.

(2) Community Center Update

Manager Lovell reported that Hatch Mott MacDonald has completed their study of the site as it pertains to the proposed expansion and renovation of the Community Center. The septic system is more than adequate for current and future demands. Also, it has been suggested that expansion of the Randolph Library is possible. The Manager recommended having discussions with the Library Board of Trustees to relay those findings. In the meantime, the Community Center project can move forward to the final design stage.

(3) Solar Panels—Library Roof/Town Hall Roof

Manager Lovell noted that, while several Boards of Education have been selected, Randolph is the only town that has been selected by the Morris County Improvement Board to undertake a solar roof panel project. Two buildings have been designated for solar panels, Town Hall and the Randolph Library. However, the roof at the library is older and would need to be replaced before the installation of solar panels could occur. The Council is being asked to approve a professional services contract for a roof consulting engineer for the library project. The Manager would like to approach the Library Board of Trustees about sharing in the cost of the new roof.

Manager Lovell stated that the installation of solar panels should generate about 25 percent of the energy used for a typical public building. Randolph would not own the system. Instead, the panels would be licensed to a company who will sell electricity generated by that solar panel system to the Township at a rate discounted from the current cost of purchasing electricity through JCP&L. Over time, the savings should be substantial.

(4) Public Works Building—Update

Manager Lovell stated that development of a new Public Works maintenance facility is on-going. The project has many different aspects that are being worked on by staff and consultants. Currently there is work being done on site engineering and site planning. The determination has been made that it would be best to demolish the existing maintenance building and erect a new building in that footprint. The design of that new building is being finalized. There are some Green Acres issues in that at one time the site was listed on the Green Acres inventory. To rectify that problem, part of the adjacent properties owned by the township will be added to the Green Acres inventory as a trade-off for the Public Works site, and the Manager expects this to be completed by the end of the year.

Funding for this project would be shared with the Board of Education and funds from the water and sewer utilities. The Manager will keep the Council informed of the progress on this project. The site plan for the project will need to go to the Planning Board and will touch upon the issue of the animal control shelter. It is believed that a new animal shelter should be constructed on Morris Turnpike adjacent to the storage buildings that went up several years ago.

(5) Animal Control Shelter

Councilman Obremski stated that he met with Manager Lovell to discuss the issue of a new animal shelter. At the present location, expansion of the shelter is not possible. The Councilman proposed a cost sharing arrangement between the Township and the Friends of the Animal Pound to finance the construction of a new animal shelter. He would like to form a committee to discuss the details and bring those recommendations back to the Town Council. The Township Manager has agreed to be a part of that committee. The Councilman asked for a consensus of the Council as to whether or not they would support such an endeavor.

As part of a capital campaign, the Councilman suggested producing a DVD which highlights the current conditions at the shelter. As an example, he played a brief slide show that he filmed for the Council. In closing, Councilman Obremski stated that if Randolph is going to be in the animal control business, it is incumbent upon us to provide the animals and the residents with a decent structure.

Councilman Napoliello asked about the purchase of a trailer for the housing of animals.

Manager Lovell responded that a trailer has been purchased, however it is a stop-gap measure at best. He noted that Morris County is no longer interested in providing a county-wide animal control service. However, there are towns that may be interested in having Randolph provide those services and he would like to begin having discussions with some of those towns to determine their interest.

Deputy Mayor Alpert commented that he agrees with Councilman Obremski and would like to see discussions take place with other interested parties.

Mayor Metz expressed his agreement.

The Mayor opened the meeting to the public.

Bob Gordon, a member of the Friends of the Animal Pound, thanked Councilman Obremski for bringing this issue to the forefront once again. He agreed that something has to be done with the current pound as quickly as possible and pledged the support of the Friends of the Animal Pound to work creatively and cooperatively with the Township. He believes it is important that residents understand that taxpayer money is not used for veterinary charges to care for these animals. That money is raised by the Friends organization.

Judith Stewart, 114 Everdale Road, stated that she supports the idea of a better pound. She would like the Township Council to consider green alternatives whenever possible when any renovation or rebuilding of government properties are undertaken.

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

COMBINED ACTION RESOLUTIONS

Manager Lovell noted that Item C will be discussed in Executive Session before Council votes on it.

Councilman Obremski made a motion to approve the Combined Action Resolutions with the exception of Item C. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

A. Refunds/Adjustment Resolutions

(1) Release Escrow Funds for Yorkshire Estates, Block 86, Lot 58.01, To R. J. Salny Contracting—$675.04

R-77-09

WHEREAS, the Planning and Zoning Department received escrow funds from Yorkshire Estates for Block 86, Lot 58.01, in the amount of $5,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining funds in the amount of $675.04 be refunded to Yorkshire Estates, R.J. Salny Contracting, Inc., 69 West Lake Shore Drive, Rockaway, New Jersey 07866.

(2) Release Escrow Funds for Block 120, Lots 5 and 5.01, to Japar Management Company—$726.95

R-78-09

WHEREAS, the Planning and Zoning Department received escrow funds from Japar Management Company for Block 120, Lots 5 and 5.01, in the amount of $6,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining funds in the amount of $726.95 plus interest be refunded to Japar Management Company, 1 Golf Lane, Mendham, New Jersey 07945.

B. Recycling Tonnage Tax Reimbursement

R-79-09

WHEREAS, the Recycling Enhancement Act, P.L. 2007, Chapter 311, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility; and

WHEREAS, whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law,” the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that Randolph hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, Chapter 311, in 2008 in the amount of $21,857.37. Documentation supporting this submission is available at 502 Millbrook Avenue, Randolph, New Jersey 07869, and shall be maintained for no less than five years from this date.

C. Settlement Agreement—3 Wilrich Glen, Mendham

Acted on separately

D. Amending Professional Services Agreement With Robert Michaels to Perform the Highlands Plan Conformance Analysis—Not to Exceed $4,600.00, Bringing New Total to $18,400.00

R-80-09

WHEREAS, there exists a need to amend the Professional Services Agreement with Robert Michaels & Associates to perform the Highlands Plan Conformance Analysis; and

WHEREAS, the cost for such amendment will not exceed $4,600.00 for a new total of $18,400.00; 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 Amendment #1, not to exceed $4,600.00 for a new total of $18,400.00, be approved.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Federal and State Grant Fund - 2008 Highlands Grant, to amend the contract with Robert Michaels Associates to perform the Highlands Plan Conformance Analysis in the amount not to exceed $4,600.00.

________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Award of Professional Servies Agreement with Clough Harbour for Professional Surveying/Engineering Services for Open Space—Not to Exceed $10,000.00

R-81-09

WHEREAS, the Township of Randolph has a need to acquire Clough Harbour & Associates, LLP, 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, Clough Harbour & Associates, LLP, has indicated they will provide the professional surveying/engineering services for open space for an amount not to exceed $10,000.00; and

WHEREAS, Clough Harbour & Associates, LLP, has completed and submitted a Business Entity Disclosure Certification which certifies that Clough Harbour & Associates, LLP, 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, LLP, 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 Clough Harbour & Associates, LLP, 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 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Clough Harbour & Associates, LLC, for professional surveying/engineering services for open space in the amount not to exceed $10,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing Award of Professional Services Agreement to Maser Consulting PA for Professional Surveying/Engineering Services for Open Space—Not to Exceed $10,000.00

R-82-09

WHEREAS, the Township of Randolph has a need to acquire Maser Consulting, PA, 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, Maser Consulting, PA, has indicated they will provide the professional surveying/engineering services for open space for an amount not to exceed $10,000.00; and

WHEREAS, Maser Consulting, PA, has completed and submitted a Business Entity Disclosure Certification which certifies that Maser Consulting, PA, 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 Maser Consulting, PA, 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: February 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Maser Consulting, PA, for professional surveying/ engineering services for open space in the amount not to exceed $10,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

G. Authorizing Award of Professional Services Agreement to Amy S. Greene Environmental Consultants for the Purpose of Providing Environmental Engineering Services for Open Space—Not to Exceed $5,000.00

R-83-09

WHEREAS, the Township of Randolph has a need to acquire Amy S. Greene Environmental Consultants 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, Amy S. Greene Environmental Consultants has indicated they will provide the environmental engineering services for open space for an amount not to exceed $5,000.00; and

WHEREAS, Amy S. Greene Environmental Consultants has completed and submitted a Business Entity Disclosure Certification which certifies that Amy S. Greene Environmental Consultants 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 Amy S. Greene Environmental Consultants 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 Amy S. Greene Environmental Consultants 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 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Amy S. Green for environmental engineering services for open space in the amount not to exceed $5,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing Award of Professional Services Agreement to Integra Krauser & Cirz, Inc., to Provide Professional Appraisal Services for Open Space—Not to Exceed $20,000.00

R-84-09

WHEREAS, the Township of Randolph has a need to acquire Integra Krauser & Cirz, 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 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, Integra Krauser & Cirz, Inc., has indicated they will provide the professional appraisal services for an amount not to exceed $20,000.00; and

WHEREAS, Integra Krauser & Cirz, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Integra Krauser & Cirz, 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 Integra Krauser & Cirz, Inc., 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: February 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Integra Krauser & Cirz, Inc., for professional appraisal services for open space in the amount not to exceed $20,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing Award of Professional Services Agreement to Certified Valuations, Inc., to Provide Professional Appraisal Services for Open Space—$20,000.00

R-85-09

WHEREAS, the Township of Randolph has a need to acquire Certified Valuations, 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 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, Certified Valuations, Inc., has indicated they will provide the professional appraisal services for open space for an amount not to exceed $20,000.00; and

WHEREAS, Certified Valuations, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Certified Valuations, 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 Certified Valuations, Inc., 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: February 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Certified Valuations, Inc., for professional appraisal services for open space in the amount not to exceed $20,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

J. Authorizing Award of Professional Services Agreement to SRI Inc., to Prepare Specifications for Library Roof Replacement—Not to Exceed $10,000.00

R-86-09

WHEREAS, the Township of Randolph has a need to acquire SRI, 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 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, SRI, Inc., has indicated they will provide the roof consulting services for the Randolph Township Library for an amount not to exceed $10,000.00; and

WHEREAS, SRI, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that SRI, 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 SRI, Inc., 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: February 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in 2009 Budget, Building and Grounds, Other Expenses, to award a contract to SRI, Inc., for roof consulting services for the Randolph Township Library in the amount not to exceed $10,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

K. Authorizing Award of Professional Services Agreement to Paul Ferriero for General Engineering Services—$96,000.00

R-87-09

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 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, Ferriero Engineering, Inc., has indicated they will provide the consulting engineer services for an amount not to exceed $96,000.00; 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.

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 17, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in 2009 Budget, Engineering, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to Ferriero Engineering, Inc., Consulting Engineer, to provide staff support in the amount not to exceed $96,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

L. Authorization of NJ DOT Discretionary Aid Application:

(a) Traffic Signal—LED with Battery Back-Up
(b) Center Grove From Intersection of Carrell Road to Wilkeshire Boulevard
(c) Morris Turnpike From Dover Chester Road to Sussex Turnpike
(d) Shongum Road From Farm Road to Randolph/Denville Line
(e) South Road From Jared Drive to Randolph/Mendham Line
(f) Reconstruction of Radtke Road

R-88-09

WHEREAS, the Township of Randolph has determined that the following roads are in need of milling and resurfacing:

(1) Center Grove Road from the intersection of Carrell Road to Wilkeshire Boulevard
(2) Morris Turnpike from the intersection of Dover Chester Road to Sussex Turnpike
(3) Shongum Road from the intersection of Farm Road to the Randolph/Denville boundary line
(4) South Road from the intersection of Jared Drive to the Randolph/Mendham boundary line
(5) Radtke Road for the entire length, partial reconstruction, milling, and resurfacing

and;

WHEREAS, the Township of Randolph will also make discretionary aid grant applications for traffic signal battery back-up units for the following intersections:

(1) South Sale Street and Route 10
(2) Millbrook Avenue and Route 10
(3) Center Grove Road and Route 10
(4) Dover Chester Road and Route 10
(5) Canfield Avenue and Route 10
(6) Quaker Church Road and South Salem Street
(7) Dover Chester Road and Calais Road
(8) Dover Chester Road and Morris Turnpike

and;

WHEREAS, the Township of Randolph may apply to the New Jersey Department of Transportation for discretionary aid as needed.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorizes the Engineering Department to proceed with the grant application process for the aforementioned projects.

M. Raffles

(1) Off-Premise 50/50, Randolph Township Women’s Club, Inc., Freedom Festival at the County College of Morris, July 4, 2009, at 8:00 p.m.

(2) Petition to Extend Licensed Premises for St. Baldrick’s Childhood Cancer Research, May 16, 2009, 9:00 a.m. to 12:00 Midnight, at J. T. McQ’s, 540 Route 10, Randolph

(3) On-Premise 50/50, Mendham Township Home and School Association, May 1, 2009, 10:00 a.m. to 3:00 p.m., at the Meadow Wood Manor, Route 10, Randolph

(4) On-Premise Raffle, Mendham Township Home and School Association, May 1, 2009, 10:00 a.m. to 3:00 p.m., at the Meadow Wood Manor, Route 10, Randolph

(5) Off-Premise Raffle, A.R. Spinola PTA, April 24, 2009, 6:00 p.m. to 11:00 p.m., at the Skylands at Randolph, 792 Route 10, Randolph

(6) On-Premise 50/50, A.R. Spinola PTA, April 24, 2009, 6:00 p.m. to 11:00 p.m., at the Skylands at Randolph, 792 Route 10, Randolph

(7) Basket Raffle, A.R. Spinola PTA, April 24, 2009, 6:00 p.m. to 11:00 p.m., at the Skylands at Randolph, 792 Route 10, Randolph

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Obremski stated that, judging from the cheers coming from the rank and file at the swearing-in ceremony for Chief Mason, he believes the Manager made the right choice for police chief and sees it as an encouraging sign for the future.

Councilman Napoliello agreed with Councilman Obremski’s comment. He thanked Councilman Obremski for the work he is doing with the animal shelter and offered his assistance.

Deputy Mayor Alpert echoed sentiments expressed regarding the animal shelter. He thanked the Manager for including him in the oral evaluation and vetting process for the selection of a new police chief. The Deputy Mayor has had no second thoughts or hesitation about Chief Mason’s abilities and leadership, and he sees nothing but positive things coming from the appointment.

Mayor Metz echoed the Deputy Mayor in his comments about Chief Mason. He also thanked Councilman Obremski for the presentation on the animal pound and appreciated the facts provided on the Friends of the Animal Pound. He suggested approaching some local veterinarians to see if there is a willingness to donate towards a new shelter.

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:

(1) Water Connections—Mendham
(2) Litigation—Bailey v. Randolph Township

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 Alpert made a motion to move into Executive Session at 8:40 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

Councilman Napoliello made a motion to move out of Executive Session at 9:00 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

Councilman Algeier made a motion to approve the recommendation of the Township Manager concerning the settlement with 3 Wilrich Glen. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

Settlement Agreement—3 Wilrich Glen, Mendham

R-89-09

WHEREAS, in approximately July of 2007, the Township of Randolph (“Township”) became aware that property located at 3 Wilrich Glen, Mendham, New Jersey (the “property”), connected to the Township’s water system without authorization from the Township and without paying the necessary connection fees; and

WHEREAS, the current property owners, Steven Nowlan and Angela Carlucci (the “property owners”) received water services from the Township free of charge from February of 2000 when they purchased the property until 2007 when the Township installed an electronic metering system at the property; and

WHEREAS, the property owners have paid in full all water usage charges due to the Township since the installation of the electronic metering system at the property; and

WHEREAS, the Township advised the property owners that $7,208.55 is due to the Township for unpaid connection fees and the estimated amount of water usage for the property from 2000 to 2007; and

WHEREAS, the property owners have offered to pay $5,256.00 to the Township to satisfy the unpaid connection fees and the estimated past water usage charges for the property; and

WHEREAS, the Township Council of the Township of Randolph desires to accept $5,256.00 from the property owners as payment in full for the unpaid connection fees and the estimated past water usage charges for the property.

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

1. The Township Council of the Township of Randolph accepts $5,256.00 from the property owners as payment in full for the unpaid connection fees and the estimated past water usage charges for 3 Wilrich Glen, Mendham, New Jersey.

2. The Mayor and Township Clerk, together with the Township Attorney and all appropriate officers, employees, professionals, and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

3. This Resolution shall take effect immediately upon the receipt by the Township of funds in the full amount of $5,256.00 from the property owners.

ADJOURNMENT

The Mayor adjourned the meeting at 9:05 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 Metz.

PRESENT:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

ABSENT:
Councilwoman Mitsch
Councilwoman Price

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

Water Connection—Mendham

Manager Lovell reported that 3 Wilrich Glen was an original state house on a piece of property that was subdivided and developed with a number of very attractive residential properties. All the other homes were connected properly to the water system. However, this home was connected without the township’s knowledge and without any approvals. The illegal connection was discovered while the new radio read metering system was being installed in the area. A meter was installed and an average yearly water consumption figure was computed. A bill was sent that included water usage, connection fees, and interest penalty, which resulted in the homeowner hiring an attorney. A settlement was finally reached whereby, if approved by the Council, the property owner will pay for all of the usage since purchasing the property minus interest and half the connection fee. The Manager noted that this homeowner is not the original owner of the property and did not make the illegal connection. The homeowners were under the assumption that the water fee was included in their tax payments.

The Manager recommended the Council approve the settlement.

He cautioned that there is a similar case in Mendham on the horizon, however the homeowner and the attorney representing him are not being cooperative.

Council indicated a desire to settle.

Litigation—Bailey v. Randolph Township

Do not release.

_________________________
Donna Marie Luciani
Township Clerk