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

Minutes: January 15, 2009

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

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

ABSENT: Councilman Obremski

Also Present: Township Manager John Lovell and Keli Gallo from the Law Offices of Edward Buzak

Mayor Metz led the Pledge of Allegiance.

APPROVAL OF MINUTES

(1) Regular Council Meeting Minutes—December 18, 2008

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

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

NAYS: None

ABSTAIN: Councilwoman Mitsch

ABSENT: Councilman Obremski

(2) Re-Organization Meeting—January 1, 2009

Councilman Napoliello made a motion to approve the minutes pending the spelling of Sheriff Rochford’s name. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

(3) Executive Session Minutes—December 18, 2008

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

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

NAYS: None

ABSTAIN: Councilwoman Mitsch

ABSENT: Councilman Obremski

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reiterated her concerns about entering and exiting the parking lot at the new Post Office. She asked the Manager to determine whether the Council has the ability to erect signs on Sussex Turnpike since it is a county road.

Manager Lovell responded that he believes it is a decision of the Freeholders. He has also asked the Traffic Safety Committee to take a look at the issue and issue a formal recommendation.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price stated that the Board of Health will be coming to the Council asking for their support for a resolution that would ask Atlantic City to ban smoking in their casinos. She noted that Atlantic City had previously imposed such a ban on smoking in their casinos, but have since rescinded it because the casinos were losing money.

Councilman Algeier noted that the issue of budget caps has been in the news lately. He believes it is important for the residents to know that Randolph has consistently been under the budget caps that have been imposed in past years.

Councilwoman Mitsch stated that the Recreation Committee will be presenting workshops and training programs from an organization called Positive Coaching Alliance in an effort to raise parent and coach awareness of good sportsmanship and other positive aspects of having children involved in sports. She also noted that Mr. Van Brunt will be presenting a negative budget increase for Parks and Recreation for 2009.

Mayor Metz reported that the email alert system is up and running. This system will notify subscribers of events planned in the community. He thanked the Assistant Township Manager for all of his efforts in getting the email alert system online. Renovations to the library are moving along. The Mayor attended a Mayors’ Legislative Meeting in Trenton where Governor Corzine briefly spoke about the budget caps and about how towns should expect less state aid this year, although numbers will not be released until March. The Mayor noted that there will be a forum on February 17 sponsored by the Traffic Safety Advisory Committee asking for suggestions for improving the intersection of Dover-Chester Road and Route 10. Mayor Metz suggested repainting the lines and returning the road to two lanes, which is the way it used to be before the turn lane for CVS was implemented.

Manager Lovell introduced the members of the Council to Ralph Carchia, the Engineering Administrator and noted that Mr. Carchia will be addressing the Council later in the meeting to discuss a persistent problem dealing with the grading of properties. The Manager reported that Randolph was invited to a meeting of the Morris County Improvement Authority, which he and Councilman Obremski attended. Of interest is the fact that Randolph was the only town invited, along with several Boards of Education. The Improvement Authority is undertaking a pilot solar energy project, as opposed to a county-wide initiative, and has asked that Randolph participate in the program. Manager Lovell would like to move forward with the Municipal Building and the Library, however the Library’s existing roof is getting old and should be replaced before the installation of the solar panels. He is bringing in a professional to evaluate the Library roof and put together specifications for replacing the roof. Investing in solar panels will be a big initiative, however the Manager will not proceed unless Randolph stands to benefit substantially from that investment. The Manager reported that there has been a collapse in the recycling market. Randolph’s current contract for recycling expires later this year and he expects to see major changes with regard to budget. He did note that recycling, even in the current collapsed market, is still less expensive than hauling recyclables to a landfill.

ORDINANCES

A. Introduction

(1) Amending and Supplementing Section 31-51 and 31-52—Stop Signs

Manager Lovell noted that this ordinance deals with intersections in town where there is no designated stop street. An audit was done of all the intersections in town. Those that were not regulated were identified, and this ordinance will regulate those previously unregulated intersections in an effort to ensure that every intersection has a stop street.

Ms. Gallo indicated that only Section 31-52 is being amended. The reference to Section 31-51 should be deleted from the title.

Councilman Algeier stated that he would be supportive of stop signs at intersections that have been problematic, however he doesn’t believe there is a need to install stop signs at all of the intersections named in the ordinance. He senses it could possibly breed some contempt for the law in that drivers might ignore many of the signs posted or see the signs as a means of making revenue for the Township.

Manager Lovell responded that this ordinance can be returned to the Traffic Safety Division for further review and comment.

(2) Capital Ordinance Appropriating $50,000.00—Municipal Building Improvements Including Courtroom Security, Replace Emergency Generator

Manager Lovell noted that this ordinance no longer includes the replacement of an emergency generator so it should be deleted from the ordinance title. The current emergency generator is not functioning correctly at this time because so many functions are hooked up to it. Non-vital functions will be removed and the generator will be tested to see if it performs better. He noted that if the generator still does not function correctly, a replacement will have to be purchased, however it will be extremely expensive. Plans for expanding the Municipal Building have been put on hold. Therefore, security improvements that will bring the courtroom into compliance with an audit sent by the Administrative Office of the Courts must be undertaken at this time. This ordinance deals with the installation of security gates, metal detection equipment, and an escape door for the judge.

Councilman Algeier asked the Manager to provide a diagram or drawing of the proposed improvements for the Council to review prior to the adoption of this ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE IMPROVEMENTS TO THE RANDOLPH TOWNSHIP MUNICIPAL BUILDING INCLUDING UPGRADES TO THE MUNICIPAL COURT SECURITY, APPROPRIATING $50,000.00 FROM CAPITAL FUND BALANCE” 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 5th of February, 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 Napoliello made a motion to introduce the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

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

Manager Lovell noted that this ordinance came about as a recommendation from Ralph Carchia, the Engineering Administrator, as well as from Paul Ferriero, the Engineering Consultant. There have been recurring problems with smaller properties undergoing large landscaping projects that impact neighboring properties.

Ralph Carchia explained that property owners are getting very aggressive with large landscaping projects, installing pools, retaining walls, and large additions to homes in pre-existing neighborhoods on smaller lots. These projects often impact neighboring properties. This ordinance will provide control for the Engineering Department. The ordinance is not meant for control for smaller projects, only larger projects.

Deputy Mayor Alpert asked if this ordinance would be impacted by the Highlands. Manager Lovell responded that the Highlands impact is 40,000 square feet or larger unless you are within 300 feet of a C1 stream, in which case the homeowner would need to acquire a permit.

Mr. Carchia added that this ordinance can help prevent homeowners from making costly mistakes because the plans would be run through the GIS system and compared to the wetlands maps, and thereby avoid running afoul of the DEP.

Councilman Algeier asked what criteria would be used for granting waivers to the ordinance. He suggested language be included in the ordinance that would be very clear in the event a challenge was made by an unhappy neighbor, such as removing the word “any” where the ordinance speaks to the impacts to neighboring properties.

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 5th of February, 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 asked about Section G in the proposed ordinance and whether or not it was a realistic requirement.

Mr. Carchia responded that he believes the requirement to be reasonable.

Manager Lovell suggested that the ordinance can be changed if it is found to not be working as expected.

Councilman Algeier made a motion to introduce the ordinance with the deletion of the word “any”. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

(4) Amend Land Development Ordinance—Identify Structures Permitted in All Yards and on Side and Rear Yards That Are Exempt From Minimum Yard Dimensions

Manager Lovell noted that if the current ordinance were interpreted very strictly, such things as mailboxes, fence posts, and light posts would be considered structures. This ordinance would clarify what items are not considered structures so as to avoid property owners from having to come before the Board of Adjustment and to be consistent with the policy the town has been exercising for many years.

Deputy Mayor Alpert questioned Section 10B where it refers to solid waste and recycling storage area enclosures. He noted there is no indication as to a maximum size structure.

Manager Lovell suggested the addition of a limitation on size, notably “not to exceed 20 square feet”.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-41, ACCESSORY BUILDINGS OR STRUCTURES, OF ARTICLE IV, SUPPLEMENTARY ZONING OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO IDENTIFY THE STRUCTURES PERMITTED IN ALL YARDS AND IN SIDE AND REAR YARDS THAT ARE EXEMPT FROM MINIMUM YARD DIMENSIONS” 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 5th of February, 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.

Deputy Mayor Alpert made a motion to introduce the ordinance with the provision of the 20 square foot maximum for the storage area. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

(5) Authorizing the Acquisition of Property From John Thomas Powers—Open Space Acquisition

Manager Lovell noted that Randolph has an Open Space grant for the Powers acquisition, a 6.16 acre parcel of land. This acquisition is part of the Fords Road Preserve Project and is the last acquisition associated with it. The cost of the acquisition is $600,000.00 and it must be closed by April 1 or the grant will be lost.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF A PORTION OF BLOCK 115, LOT 80, LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM JOHN THOMAS POWERS FOR MUNICIPAL PUBLIC PURPOSES” 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 5th of February, 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 Napoliello made a motion to introduce the ordinance. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

COMBINED ACTION RESOLUTIONS

Councilman Algeier asked for an explanation of Items N and O since they deal with Highlands and COAH.

Manager Lovell responded that the Council decided to undertake a formal study process with the Highlands concerning conformance. The decision of whether or not to opt in will be forthcoming in the next several months. The Highlands Council has laid out a series of modules that must be undertaken and completed in the course of the year. Randolph is undertaking Module 1, and has only weeks in which to get the work completed. A team has been put together consisting of Ed Buzak, Manager Lovell, Township staff, Paul Ferriero, and Robert Michaels, and two Council people will be asked to volunteer their time on this committee as well. The first resolution is a contract with Paul Ferriero to help develop current municipal conditions of a build-out analysis, which is the first module. The second resolution is a contract with Robert Michaels for general planning services. The Highlands Council is going to provide grant funds towards this work. COAH development fees will be used for this work as well since the work is necessary to develop an analysis of available space for the placement of low and moderate income housing.

Councilwoman Mitsch asked whether Item E, the retrofit lighting, fell under the energy audit.

Manager Lovell responded that it did and the work will take place in the Municipal Building.

Councilwoman Price asked about Item M, the professional service agreement for legal and auditing services, and what the difference was in cost from last year.

Manager Lovell responded that Mr. Buzak will be getting a 2 1/2 percent increase and a slight increase for Nisivoccia as well. There is no increase for the services of Mr. Kraft and Mr. Iskra, and Mr. Knapp’s rate is dropping significantly from last year.

Councilman Algeier noted that the overall legal budget is down from last year. He stated that the increase for Mr. Buzak’s firm is relatively minor and added that his last increase was less than two percent.

Mayor Metz surmised that Mr. Buzak will have additional work dealing with COAH and Highlands issues this year.

Councilman Algeier noted that Randolph would be hard pressed to find an attorney who could equal Mr. Buzak for less compensation.

Assistant Manager Giaimis stated that the legal budget is 2.74 percent less than last year’s legal budget.

Manager Lovell reiterated that COAH and Highlands are two very complex issues and Mr. Buzak is most likely the best attorney in the state to help deal with these issues.

Councilman Algeier noted that prior to the change in majority on the Council in 2003, the legal budget was $670,000.00. In the five years since then, the legal budget has not hit fifty percent of that budget.

Councilwoman Mitsch made a motion to approve the Combined Action Resolutions. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

A. Refund/Adjustment Resolutions

(1) Refund 2008 Ice Hockey Program to Ian Kaden—$437.50

R-12-09

WHEREAS, Ian Kaden registered his child for 2008 Ice Hockey Program and paid the fee of $875.00; and

WHEREAS, this child will not be participating in the program due to his child not wanting to participate in a different level of the program.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $437.50 be refunded to Ian Kaden, 8 Canterbury Ct., Mendham, NJ 07945.

(2) Refund Outside Tax Sale Certificate #1880 for 67 Quaker Church Road to Plymouth Park Tax Services, LLC—$46,632.18

R-13-09

WHEREAS, Outside Tax Sale Certificate #1880, held by Plymouth Park Tax Services, LLC, assessed to George and Nancy Lucas, Block 137 , Lot 17.01, 67 Quaker Church Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $21,632.18 and premium in the amount of $25,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $46,632.18 to Plymouth Park Tax Services, LLC, holder of Tax Sale Certificate #1880.

(3) Refund Overpaid 2008 Taxes by Reason of Tax Exempt Veteran for 40 Carrell Road to Emerson and Karen Crooks—$8,113.01

R-14-09

WHEREAS, Emerson and Karen Crooks have overpaid 2008 taxes by reason of tax exempt veteran in the amount of $8,113.01 on Block 86, Lot 10, 40 Carrell Road; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $8,113.01 to Emerson and Karen Crooks.

(4) Release Escrow Funds for Blocks 92, 91 and 98, Lots 3, 4, 12, 22, and 24-27, to WEW Associates, c/o Bernie Elbaum—$1,367.59 Plus Interest

R-15-09

WHEREAS, the Planning and Zoning Department received escrow funds from WEW Associates for Blocks 92, 91, and 98, Lots 3, 4, 12, 22, and 24-27, in the amount of $4,000.00; 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 escrow funds in the amount of $1,367.59 plus interest be refunded to WEW Associates, c/o Bernie Elbaum, P.O. Box 495, Mt. Freedom, NJ 07970.

(5) Release Escrow for Block 101, Lot 1, to Garden State Resources, LLC—$1,000.25

R-16-09

WHEREAS, the Planning and Zoning Department received escrow funds from Garden State Resources, LLC, for Block 101, Lot 1, in the amount of $1,250.00; 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 escrow funds in the amount of $1,000.25 plus interest be refunded to Garden States Resources, LLC, Randolph, NJ 07869.

(6) Refund Road Opening Cash Bond for 16 Indian Trail Road to Geetha Fernandes—$300.00

R-17-09

WHEREAS, the Engineering Department has received a request from Geetha Fernandes for the release of a $300.00 cash road opening bond posted for the driveway repair; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on September 4, 2008; and

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

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $300.00 be refunded to Geetha Fernandes, 16 Indian Trail Road, Randolph, NJ 07869.

(7) Release Escrow Funds for 25 Ripplewood Road to Gregory Schultz—$662.50

R-18-09

WHEREAS, the Planning and Zoning Department received escrow funds from Gregory Schultz for Block 154, Lot 125, in the amount of $1,000.00; 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 escrow funds in the amount of $662.50 be refunded to Gregory Schultz, 25 Ripplewood Road, Randolph, NJ 07869.

B. Support A-3570 Abolishing COAH

R-19-09

WHEREAS, the Township of Randolph in the County of Morris, New Jersey, has consistently, over a twenty year period, embraced its responsibility to provide affordable housing; and

WHEREAS in 2007 the Township of Randolph exceeded its COAH obligation by approximately 200 affordable units; and

WHEREAS, as a result of the new COAH formula, Randolph’s surplus of affordable units has now become a deficit of more than 300 units; and

WHEREAS, as a result of Randolph’s inclusion in the Highlands, COAH has issued a Scarce Resources Order, placing a moratorium on future development.

WHEREAS, as a result of the Scarce Resources Order, coupled with COAH’s demands for towns to prepare and obtain approval for new affordable housing plans, the economic development of Randolph is placed on hold at a time of deepening economic recession; and

WHEREAS, COAH exhibits the zealous arrogance of an agency without boundaries or controls, indifferent to the well-being of the state and its crippled economy; and

WHEREAS, Assembly Bill A-3570 proposes the abolition of COAH, which in turn will force the legislative and executive branches to come together to adopt corrective legislation addressing the needs of affordable housing employing a more reasonable approach.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in Morris County, New Jersey, that the State Assembly and Senate are called upon to immediately adopt A-3570.

BE IT FURTHER RESOLVED that a copy of this resolution shall be distributed to the Governor, Randolph’s legislative delegation, and all municipalities of Morris County.

C. Urging the New Jersey Legislature to Support the Municipal Revenue Restoration Act of 2008

R-20-09

WHEREAS, all New Jersey businesses pay local taxes on their real property, the New Jersey personal property tax is paid by a handful of petroleum refineries and only three local exchange telecommunications companies—Verizon, Embarq, and Warwick Valley—that provide 51% or more of the telephone/voice service in a particular community; and

WHEREAS, due to increased competition and strained market conditions, the cost of communications property has steadily declined over the years and is no longer a stable tax base that New Jersey municipalities can depend on; and

WHEREAS, fewer providers are meeting the 51% threshold, causing municipal revenues collectively to experience an aggregate loss of $440 million since 1997; and

WHEREAS, estimates project at least 50 New Jersey municipalities will lose their personal property tax funding by 2009, a number that could grow to 150 within the next year; and

WHEREAS, the Municipal Revenue Restoration Act proposes to replace the current funding system with an expanding sales tax, already applicable to telecommunications services and digital goods sold by communications companies, by simply including video services; and

WHEREAS, this approach would ensure that all video service providers within a market that offer the same “product” are taxed at the same rate; and

WHEREAS, the proposal would reverse the declining municipal tax revenue trend by replacing current laws with an equitable and stable funding system tied to the growing use of video services in our state; and

WHEREAS, municipalities and their residents have significant special interest in preserving a steady and stable funding source.

NOW, THEREFORE, BE IT RESOLVED that the New Jersey League of Municipalities urges the New Jersey Legislature, in the strongest possible manner, to support and enact the Municipal Revenue Restoration Act of 2008.

BE IT FURTHER RESOLVED that a copy of this resolution shall be certified and forwarded to Governor Jon S. Corzine, Senate President Richard Codey, House Speaker Joseph Roberts, Senate Majority Leader Shirley Turner, House Majority Leader Bonnie Watson Coleman, Senate Minority Leader Tom Kean, House Minority Leader Alex DeCroce, and members of the Legislature’s Senate Budget and Appropriations Committee.

D. Authorizing Award of Contract to Envirocon, LLC, for Installation of a New Rooftop HVAC Unit at the Municipal Building—$38,855.70

R-21-09

WHEREAS, the need exists to award a contract for the installation of a new rooftop HVAC unit at the Municipal Building; and

WHEREAS, bids were advertised and received on December 4, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, nine bids were received and the low bidder was Envirocon, LLC, Hackettstown, New Jersey, at a total contract price of $38,855.70; and

WHEREAS, Envirocon, LLC, meets all the requirements and specifications.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Envirocon, LLC, Hackettstown, New Jersey, at a total contract price of $38,855.70.

CERTIFICATION OF AVAILABILITY OF FUNDS

Date: January 15, 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 will be available in Ordinance #9-08, Various Capital Improvements, to award a contract to Envirocon, LLC, for the installation of a New Rooftop HVAC Unit at the Municipal Building in the amount not to exceed $38,855.70.

________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing the Award of Contract to Wojchik Electric, Inc., for Lighting System Retrofit and Installation of Occupancy Sensors at the Municipal Building—$41,211.19

R-22-09

WHEREAS, the need exists to award a contract for Lighting System Retrofit and Installation of Occupancy Sensors at the Municipal Building; and

WHEREAS, bids were advertised and received on December 4, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, seven bids were received and the low bidder is Wojchik Electric, Inc., Paterson, New Jersey, at a total contract price of $41,211.19; and

WHEREAS, Wojchik Electric, Inc., meets all the specifications.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Wojckik Electric, Inc., Paterson, New Jersey, at a total contract price of $41,211.19.

CERTIFICATION OF AVAILABILITY OF FUNDS

Date: January 15, 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 will be available in Ordinance #9-08, Various Capital Improvements, to award a contract to Wojchik Electric, Inc., for Lighting System Retrofit and Installation of Occupancy Sensors at the Municipal Building in the amount not to exceed $41,211.19.

________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing the Rescission of a Portion of MCCPC Contract #16 From Clinton Business Products Due to Non-Compliance to Bid Specifications and Re-Awarding That Portion to WB Mason

R-23-09

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a contract on December 18, 2008, to Clinton Business Products, Incorporated, for submitting the highest discount off the 2009 United Stationers Catalog under Category A (Day-to-Day Supplies Used) of Contract #16—Office Supplies; and

WHEREAS, Clinton Business Supplies, Incorporated, advised that they could not hold the prices in the 2009 United Stationers catalog due to the increase in prices by the manufacturers included in the catalog; and

WHEREAS, it is in the best interest of the MCCPC to rescind the Clinton Business Products, Incorporated, contract for non-compliance with the requirements of bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Category A (Day-to-Day Supplies Used) of Contract #16 (Office Supplies) be rescinded from Clinton Business Products, Incorporated, for non-compliance with the requirements of the bid specifications.

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, recommends the re-awarding of Category A (Day-to-Day Supplies Used) of MCCPC Contract #16 (Office Supplies) to W.B. Mason for providing the second highest discount for Category A off of the 2009 United Stationers Catalog in compliance with requirements of the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Category A (Day-to Day Supplies Used) of MCCPC Contract #16 (Office Supplies) be awarded to W.B. Mason who provided the second highest discount off of the 2009 United Stationers Catalog in compliance with the requirements of the bid specifications.

G. Authorizing the Rescission of MCCPC Contract for Route 1 Toyota/Motors Fleet’s Bid Item #2 Due to Non-Compliance with Bid Specifications and Re-Awarding Same to Hudson Toyota

R-24-09

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded Item #2 under Contract #15-E (2009 Model Hybrid Vehicles) to Route 1 Toyota/Motors Fleet on October 30, 2008; and

WHEREAS, the bid submitted by Route 1 Toyota/Motors Fleet did not include the popular equipment group—6 way power driver’s seat package in their base unit price for the vehicle, but was an extra charge which resulted in Route 1 Toyota/Motors Fleet not being the true low bidder in compliance with the bid specifications; and

WHEREAS, it is in the MCCPC’s interest to rescind the Route 1 Toyota/Motors Fleet contract for Item #2 of MCCPC Contract #15-E (2009 Model Hybrid Vehicles); and

WHEREAS, it is in the MCCPC’s interest to authorize the re-awarding of Item #2 under MCCPC Contract #15-E (2009 Model/Hybrid Vehicles) to Hudson Toyota which included all items within their base unit price resulting in Hudson Toyota being the actual low bidder meeting the specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Item #2 of MCCPC Contract #15-E (2009 Model Hybrid Vehicles) be rescinded from Route 1 Toyota/Motors Fleet due to non-compliance with the bid specifications and the contract re-awarded to Hudson Toyota based on being the actual low bidder meeting the bid specifications.

H. Authorizing an Award of Contract to Main Pool and Chemical Co. on Behalf of MCCPC for a Portion of Winter Contract #17

R-25-09

WHEREAS, on December 23, 2008, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, conducted a coin-toss lottery as a result of a tie bid received on October 21, 2008, for a portion of Contract #17 (Water Treatment Chemicals); and

WHEREAS, the winner of the above-mentioned coin-toss lottery is Main Pool and Chemical Company for Item #6c (Potassium Hydroxide, 45% solution, bulk deliveries of 501-999 gallons per delivery) at $8.00/per gallon.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Item #6c in MCCPC Contract #17 (Water Treatment Chemicals) be awarded to Main Pool and Chemical Company for the contract period January 1, 2009, to December 31, 2009.

I. Authorizing the Rescission of a Portion of the 2009 MCCPC Contract #41 with Pinnacle Wireless Due to Non-Compliance to Bid Specifications and Re-Awarding Same to Procomm Systems and Royal Communications

R-26-09

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a portion of Contract #41 (Purchase of Communications Equipment) to Pinnacle Wireless on December 18, 2008, which included Category E (Item #12—Orbacom & Item #19—Bramic), Category I (Item #1-Atis); and

WHEREAS, the award for line items #12, #19 and #1 to Pinnacle Wireless in the specific categories noted were totally different brands than the manufacturers specified in the line-items of the bid proposal form; and

WHEREAS, it is in the MCCPC’s interest to rescind a portion of the Pinnacle Wireless initial contract award as noted for non-compliance with the bid specifications; and

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes the re-award of Item #19 (Bramic) in Category I to ProComm Systems, Incorporated, for submitting the only bid for the actual line item manufacturer; and

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes the award of Item #2 (Cimarron) in Category I to Royal Communications for submitting the only bid for the actual line item manufacturer.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that a portion of the Pinnacle Wireless contract be rescinded which includes Category E (Items #12 and #19) and Category I (Item #1) of MCCPC Contract #41 (Purchase of Communications Equipment).

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that (Item #19) of Category E be re-awarded to ProComm Systems, Incorporated, for being the only bidder to comply with the bid specifications.

NOW, THEREFORE, BE IT RESOLIVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that (Item #2) of Category I be awarded to Royal Communications for being the only bidder to comply with the bid specifications.

J. Authorizing the Rescission of a Portion of Guard Line Fire & Safety, Inc., MCCPC Contract #13A

R-27-09

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a portion of MCCPC Contract #13-A (Fire Equipment Services) to Guard Line Fire and Safety, Incorporated, in June 2007 as noted:

Category I: Refilling Fire Extinguishers: Items #a, d, e, f, k and L.
Category 3: Maintenance of Extinguishing Systems: Items #a and b.

and

WHEREAS, Guard Line Fire and Safety, Inc. is no longer able to provide a portion of their contract for fire extinguishing services to the MCCPC up until the expiration of the contract period (June 30, 2009); and

WHEREAS, it is in the MCCPC’s interest to rescind a portion of Guard Line Fire and Safety Services, Inc. initial contract award for noted Categories 1 and 3 of Contract #13-A (Fire Equipment Services).

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that Categories I and 3 of MCCPC Contract #13-A (Fire Equipment Services) be rescinded from the Guard Line Fire and Safety, Inc. initial contract award due to their inability to provide fire extinguishing services until the expiration of the contract period (June 30, 2009).

K. Authorizing the Award of MCCPC Contract #32 (First Aid Supplies) to Moore Medical

R-28-09

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, authorizes an award of Contract #32 (First Aid Supplies) to Moore Medical, LLC, for the contract period January 1, 2009, to December 31, 2009; and

WHEREAS, the bid was advertised and received for the second time (re-bid January 8, 2009) in accordance with the Local Public Contracts Law; and

WHEREAS, Moore Medical, LLC, submitted the highest discount at 18% off their catalog pricing which covers all items in all three (3) categories (A, B, & C) in compliance with the bid specifications:

Category A: First Aid/Medical Supplies (Day-to-Day Items Used)
Category B: Medication Supplies
Category C: First Aid Equipment (All Hard Goods)

and

WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, has determined that Moore Medical, LLC, of Farmington, Connecticut, is the lowest responsible bidder meeting the specifications and is to be awarded the contract for a discount of 18% off their catalog pricing.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to Moore Medical, LLC, of Farmington, Connecticut, for Contract #32 (First Aid Supplies) for the contract period January 1, 2009, to December 31, 2009.

L. Professional Services Agreement with St. Clare’s Hospital for Health Screenings—$6,050.00

R-29-09

WHEREAS, the Township of Randolph has a need to acquire St. Clare’s Hospitals as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

WHEREAS, St. Clare’s Hospitals has indicated they will provide the Community Health Services for an amount not to exceed $6,050.00 in accordance with their agreement on file with this resolution; 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 St. Clare’s Hospitals as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Date: January 15, 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 will be available in the 2009 Budget, Health, Other Expense, to award a contract to St. Clare’s Hospital for Professional Community Health Services in the amount not to exceed $6,050.00.

________________________
Michael J. Soccio
Chief Financial Officer

M. Professional Services Agreements for Legal and Auditing Services

(1) Edward Buzak—Township Attorney

R-30-09

WHEREAS, the Township of Randolph has a need to acquire The Buzak Law Group, LLC, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

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

WHEREAS, The Buzak Law Group, LLC, has indicated they will provide the Legal Services for an amount not to exceed $289,200.00; and

WHEREAS, The Buzak Law Group, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that The Buzak Law Group, LLC, has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit The Buzak Law Group, LLC, 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 The Buzak Law Group, LLC, 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

Date: January 15, 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 will be available in the 2009 Budget, Legal, Other Expense, to award a contract to The Buzak Law Group, LLC, for Legal Services in the amount not to exceed $289,200.00.

________________________
Michael J. Soccio
Chief Financial Officer

(2) John L. Kraft—Bond Counsel

R-31-09

WHEREAS, the Township of Randolph has a need to acquire John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A., as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

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

WHEREAS, John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A., has indicated they will provide the Bond Counsel Services for an amount not to exceed $10,000.00; and

WHEREAS, John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A., 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 John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A., 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 John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A., 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

Date: January 15, 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 will be available in Various Capital Ordinances to award a contract to John Kraft for Legal Services as Bond Counsel per his contract on file with the Township Clerk.

________________________
Michael J. Soccio
Chief Financial Officer

(3) Allan J. Iskra—Public Defender

R-32-09

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

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

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

WHEREAS, Allan J. Iskra of Schonwald & Iskra has indicated they will provide the Public Defender Services for an amount not to exceed $14,270.00 plus DWI Sessions at $270.00 per session not to exceed four sessions or $1,080.00; and

WHEREAS, Allan J. Iskra of Schonwald & Iskra, has completed and submitted a Business Entity Disclosure Certification which certifies that Allan J. Iskra of Schonwald & Iskra 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 Allan J. Iskra of Schonwald & Iskra 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 Allan J. Iskra of Schonwald & Iskra 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

Date: January 15, 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 will be available in the General Trust Fund—Reserve for Public Defender, to award a contract to Allan J. Iskra of Schonwald & Iskra for Legal Services as Public Defender in the amount not to exceed $15,350.00.

________________________
Michael J. Soccio
Chief Financial Officer

(4) Fred Knapp—Labor and Negotiations

R-33-09

WHEREAS, the Township of Randolph has a need to acquire Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, as a non-fair and open contract pursuant to the provisions of N.J.S.A.19:44A-20.4; and

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

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

WHEREAS, Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, has indicated they will provide the Legal Services for Labor and Negotiations for an amount not to exceed $10,000.00; and

WHEREAS, Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, 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 Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, 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

Date: January 15, 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 will be available in the 2009 Budget, Legal, Other Expense, to award a contract to Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski for Legal Services for Labor and Negotiations in the amount not to exceed $10,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

(5) Nisivoccia & Company

R-34-09

WHEREAS, the Township of Randolph has a need to acquire Nisivoccia & Company, 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, Nisivoccia & Company, LLP, has indicated they will provide the Professional Auditing Services for an amount not to exceed $43,100.00; and

WHEREAS, Nisivoccia & Company, LLP, has completed and submitted a Business Entity Disclosure Certification which certifies that Nisivoccia & Company, 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 Nisivoccia & Company, 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 Nisivoccia & Company, 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

Date: January 15, 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 will be available in the 2009 Budget, Audit, Other Expense, to award a contract to Nisivoccia & Company for Professional Auditing Services in the amount not to exceed $43,100.00.

________________________
Michael J. Soccio
Chief Financial Officer

N. Professional Services Agreement for Engineering Services—Highlands Conformance Module I and COAH Analysis—Ferriero Engineering, Inc.—Not to Exceed $7,500.00

R-35-09

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 may exceed $17,500.00; and

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

WHEREAS, Ferriero Engineering, Inc., has indicated they will provide the Engineering Services with regard to the Highlands Conference Module 1 and COAH Analysis for an amount not to exceed $7,500.00; and

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

WHEREAS, funds are available for this purpose.

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

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Date: January 15, 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 will be available in the Housing Trust Fund to award a contract to Ferriero Engineering, Inc., for Engineering Services—Highlands Conformance Module 1 and COAH Analysis in the amount not to exceed $7,500.00.

________________________
Michael J. Soccio
Chief Financial Officer

O. Authorizing Professional Services Agreement with Robert Michaels and Associates to Provide General Planning Services—Not to Exceed $5,000.00

R-36-09

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

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

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

WHEREAS, Robert Michaels and Associates has indicated they will provide the General Planning Services for an amount not to exceed $5,000.00; and

WHEREAS, Robert Michaels and Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Robert Michaels and Associates has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Robert Michaels and Associates 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 Robert Michaels and Associates 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

Date: January 15, 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 will be available in the 2009 Budget, Planning, Other Expense, to award a contract to Robert Michaels and Associates for General Planning Services in the amount not to exceed $5,000.00.

________________________
Michael J. Soccio
Chief Financial Officer

P. Supporting the Public Archives and Records Infrastructure Support (PARIS) Grant Program

R-37-09

BE IT RESOLVED by the Mayor and Council of the Township of Randolph that:

WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (PARIS) Grant Program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and

WHEREAS, a top priority of the PARIS Grant Program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities that do not have the resources to create one for themselves; and

WHEREAS, in the 2009-2010 grant cycle, priority funding will be given to county projects to perform municipal imaging for all of their municipalities; and

WHEREAS, the Township of Randolph desires to collaborate with the County of Morris in the performance of imaging business critical records; and

WHEREAS, the Township of Randolph is acknowledging that their eligible funding of $40,000.00 will be leveraged with the County of Morris; and

WHEREAS, the Township of Randolph is acknowledging that the County of Morris would be both the lead agency and the applicant for such a proposal.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph does support and commit to cooperation and participation in the PARIS grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.

Q. 2009 Temporary Budget

R-38-09

WHEREAS, 40A:4-19 Local Budget Act provides that where any contracts, commitments or payments are to be made prior to the final adoption of the 2009 budget, temporary appropriations be made for purposes and amount required in the manner and time therein provided; and

WHEREAS, the date of this resolution is within the first thirty days of January, 2009; and

WHEREAS, the total general appropriations in the 2008 Budget, exclusive of any appropriations made for Interest and Principal of Debt, Capital Improvements and Public Assistance is the sum of $30,147,885.00; and

WHEREAS, 26.25 percent of this total is the sum of $7,913,819.00.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Randolph, County of Morris, State of New Jersey, that the following temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records:

R. Raffles

(1) Social Affair Permit, Randolph Lions Club, January 23, 2009, From 8:00 p.m. to 11:00 p.m. at the Randolph Senior Center, Calais Road, Randolph

(2) Raffle License, Randolph High School Fencing Booster Association, February 21, 2009, from 7:00 a.m. to 6:00 p.m. At the Randolph High School, 511 Millbrook Avenue, Randolph

(3) Off-Premise Merchandise Raffle, New Jersey Rangers FC, Inc., January 31, 2010, at the Randolph Diner, 517 Route 10, Randolph

(4) Social Affair Permit, St. Matthew the Apostle Parish, March 14, 2009, from 7:00 p.m. to 11:00 p.m. at St. Matthew the Apostle Parish, Dover-Chester Road, Randolph

CDBG—PUBLIC HEARING FOR APPLICATIONS AND RESOLUTION

Manager Lovell noted that the Community Development Block Grant Program is run by Morris County. Every year Morris County makes an application to the United States Department of Housing and Urban Development. They receive an overall grant, which is then distributed to communities around the county. Municipalities as well as non-profit organizations are allowed to make application for the grant money. If a private, non-profit organization in a community applies for grant money, the application must be presented at a public meeting to the Town Council. There is a project dealing with India Brook Village, an entity owned by the Morris County Housing Authority.

Assistant Manager Giaimis summarized the two projects applying for grant money. One is for Phase 2 of the sidewalk project on Center Grove Road. The area qualifies as a low and moderate income area and is a widely used pedestrian walkway accessing Fernbrook School, the shopping plaza, and the medical plaza. The second project is for the installation of air conditioning in the hallways at the India Brook housing development. The Council is asked to adopt a resolution concerning the sidewalk application and a show of support for the India Brook project.

The meeting was opened to the public for comment.

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

Resolution Supporting a Grant Application for Phase 2 of a Public Improvements Sidewalk Grant

R-39-09

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

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

NAYS: None

ABSENT: Councilman Obremski

WHEREAS, the Morris County CDRS oversees the distribution of the Community Development Block Grants for public improvements to low and moderate income areas; and

WHEREAS, the Township of Randolph has applied for and received the same grant in 2007 to complete Phase 1 of the Center Grove and Quaker Church Sidewalk Project; and

WHEREAS, the Township has determined that there is a need to complete Phase 2 of this project and extend the finished sidewalks heading north on Center Grove Road; and

WHEREAS, it has been determined that the census area in which this project is located is a location where at least 27.7 percent of residents are low to moderate income; and

WHEREAS, this is an area that pedestrians frequently walk to visit Fernbrook School, a medical center and an area shopping center; and

WHEREAS, it has been estimated that the project will cost approximately $101,386.00 to complete.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the Mayor and Council fully support applying for an $80,000.00 grant to provide a feasible sidewalk walking path for the residents in this area.

The Council also voiced support for the India Brook grant application.

Mr. Giaimis indicated that presentations will be made to the County in March and final decisions should be known by mid to late April.

APPOINT RANDOLPH REPRESENTATIVE TO THE MORRIS COUNTY OPEN SPACE COMMITTEE (3 YEAR TERM)

Manager Lovell noted that Randolph is in a position to nominate a representative to the County Open Space Committee. This would be a three year appointment and the individual chosen must take this responsibility very seriously and be able to spend a good deal of time attending meetings and tours of proposed sites for open space grants throughout the county.

Councilman Algeier nominated Councilman Obremski as the representative to the Morris County Open Space Committee pending his acceptance. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

DISCUSSION ITEMS

(1) Highlands Conformance Process

Manager Lovell reiterated that a committee has been formed to work on the completion of the modules required by Highlands. He asked for two Council volunteers to join the committee. Meetings have been scheduled for January 16, January 30, February 13, February 27, March 13, and March 27. Meetings will start at 8:30 a.m. at Town Hall.

Councilman Algeier and Councilman Napoliello volunteered to serve on the committee.

Mayor Metz thanked them for their service to this issue.

(2) Budget Meeting Dates

Saturday, February 7, and Saturday, February 21 were set aside for budget meetings. These meetings will start at 8:30 a.m.

(3) Declarations of Vacancies in Appointed Positions

This issue was tabled to the next meeting so as to hear from the Township Attorney.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked about the resolution concerning the temporary budget, notably a percentage of 26.25. She asked for clarification from the Manager.

Manager Lovell responded that he will obtain an answer for Mrs. Stewart for the next meeting.

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

COUNCIL AND MANAGER COMMENTS

Councilman Napoliello received an email from a resident complaining about democratic campaign signs not taken down.

Manager Lovell noted that he contacted Dan Lynn about this issue in late November or early December. He has met with the Zoning Officer to discuss enforcement and will contact Mr. Lynn once again in an effort to have the signs removed immediately. The ordinance concerning the removal of signs is very clear and prior to the election a notice was sent to the Chairs of both parties outlining those rules on signs.

Councilman Napoliello wished Councilman Algeier luck on his run for the Assembly.

Mayor Metz stated that residents have been complimentary to the work done by the DPW clearing the roads after the storms and asked the Manager to relay those compliments to Mr. Kerwick.

Manager Lovell noted that he has authorized the Rescue Squad to take a rig to Pennsylvania as a contingent in honor of the Atlantic Ambulance employee who passed away this week. He was well liked and respected by both the Rescue Squad and the Police Department.

EXECUTIVE

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

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

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

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

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

a. Personnel—Carried From December 18, 2008

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 9:45 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Councilwoman Price made a motion to return to Public Session at 11:00 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

ADJOURNMENT

The Mayor adjourned the meeting at 11:00 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
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

Also Present: Township Manager John Lovell and Keli Gallo from the Law Offices of Edward Buzak

Personnel

The Council concluded the Manger’s and Clerk’s review.

_________________________
Donna Marie Luciani
Township Clerk