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

Minutes: June 3, 2010

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Alpert. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 7, 2009, by emailing them the annual resolution adopted by the Council on December 3, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 17, 2009.

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

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

Mayor Alpert led the Pledge of Allegiance.

SWEARING IN CEREMONY: Promotions to Sergeant—Frank Edward Mygas and John Fichter

Manager Lovell introduced the two officers being promoted to Sergeant and provided background information for the two officers.

Mrs. Fichter administered the Oath of Office to John Fichter.

Mrs. Mygas administered the Oath of Office to Frank Edward Mygas as his daughters held the Bible.

A brief intermission followed.

PROCLAMATION—Randolph Library Week

Mayor Alpert read the following proclamation into the record:

WHEREAS, libraries are ever changing and dynamic places. Librarians are techno-savvy, on the forefront of the information age. In a world that is information rich, they are information smart, and help ensure a society where everyone is information literate; and

WHEREAS, libraries bring you the world. Libraries are unique, where one can have access to nearly anything on the Web or in print, as well as personal service and assistance in finding it; and

WHEREAS, libraries are places of opportunity. Libraries are part of the American dream. They are a place for education and self-help. And because they offer free access to all, they bring opportunity to all; and

WHEREAS, the future of America is at your library. We must ensure that in the future, the American public has access to libraries by assuming sustained funding and support; and

WHEREAS, the Randolph Library was founded in 1963 as a private lending library, its small collection made up of donated books; and

WHEREAS, the Township established a Free Public Library by referendum in 1978, absorbing the former association library’s 9,837 volumes; and

WHEREAS, the Library grew steadily, adding 25,000 volumes between 1978 and the move to Calais Road in 1985. Since 1985 the Library has experienced significant growth resulting in a collection of 100,000 items; and

WHEREAS, the Randolph Library continues to be an integral part of the Randolph community, contributing to the lives of its residents of all ages and interests, and a part of what gives Randolph its motto, “Where Life Is Worth Living.”

NOW, THEREFORE, I, Jay Alpert, Mayor of Randolph, Morris County, New Jersey, on behalf of the Randolph Council and our residents, do hereby recognize the week of June 1 through June 7, 2010, as Randolph Library Week.

Nancy Motto accepted the Proclamation on behalf of the Library.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reported that the Friends of the Library would be hosting their annual book sale on June 5 and 6.

Ellen Tyroler, 42 Shongum Road, requested that the posted speed limit on her portion of the road be lowered as it has become a dangerous area that is heavily traveled.

Councilman Obremski stated that he will bring this issue to the Traffic Safety Committee.

Thelma Sellmann, 5 Harmony Road, asked that the Council consider reinstating Mrs. Lukavich’s position as full-time Community Services Supervisor. Mrs. Sellmann listed several duties undertaken by the position and expressed concern that the Director can not accomplish those tasks without the position in place.

Mrs. Gallo advised that there is probable litigation pending on this matter and cautioned the Council to make no comments at this time.

Lee Whilden, 82 Radtke Road, expressed concern that certain council members have used the council meetings as a platform for political purposes.

Loretta White, 13 Crestwood Drive, spoke about Mrs. Lukavich’s numerous qualifications and personal attributes and asked the Council to consider reinstating Mrs. Lukavich into the position of Community Services Supervisor. She does not believe the remaining staff can handle all of the duties and responsibilities of that position adequately.

Julie Hooper, 71 Everdale Road, asked whether public employees were getting a raise this year.

Lee Whilden, 82 Radtke Road, reiterated her request that the Council rescind the raise given to the Mayor because she believes it violates the form of government established in Randolph.

Virginia Miller noted that petitions provided to the Council in support of Barbara Lukavich were signed by residents and individuals who work in Randolph that used Mrs. Lukavich’s services.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price congratulated the senior citizens that participated in the recent Senior Olympics and noted that Randolph came in first place.

Councilwoman Price made a motion to reinstate the position of Community Services Supervisor to its full time salary and benefit level in the 2010 budget.

Mrs. Gallo reiterated her advice to the Council to not comment on this issue at this time.

Councilwoman Price’s motion was not seconded by the Council.

Councilman Napoliello reported that he attended a recent Raritan Highlands Compact Meeting where discussion focused on the implementation of stewardship of open space. Future meetings will be scheduled with other communities regarding this issue.

Councilman Algeier suggested that Council receive a copy of the police report designating problematic traffic areas in Randolph. Councilman Algeier asked if the Traffic Advisory Committee had revisited the Shongum School traffic issue.

Councilman Obremski responded that he and Councilman Napoliello met with bus drivers who drive to and from the school everyday to get their input. He will take that information to the Traffic Advisory Committee and recommend that Sgt. Moore’s recommendations be changed in the ordinance regarding Deepdale. The Committee will review the issue one more time before bringing it before the Council.

Obremski—we get statistics each month, number of crashes and so forth. I’ll check with Sgt. Moore to see if he can provide details on each of the crashes. Maybe not every month but periodically he could break that out for us.

Councilman Metz attended a recent Economic Development Committee meeting where the Assistant Township Manager gave a presentation on the web site where all of the local businesses have been listed in the hopes of encouraging residents to shop locally. Planning is underway for Summer Sales Days. The Morris County EDC recently interviewed numerous local businesses and prepared a draft report which they will share with Mayor Alpert, Councilman Metz, Township Manager Lovell, and the Chair of the Randolph EDC on June 17.

Mayor Alpert attended a recent meeting at Picatinny Arsenal where Congressman Frelinghuysen discussed impacts on municipalities stemming from changes to health care. The Mayor attended a recent Library Board Meeting and noted that the Library is running very efficiently. Clean Communities Day enjoyed a good turnout despite threatening weather. Mayor Alpert recently met with Lt. Governor Kim Guadagno and other mayors regarding how the cut in state aid is impacting towns in New Jersey. The Mayor met with Mendham’s Mayor and Administrator recently to discuss the police merger study. Another meeting will be scheduled shortly, and Mayor Alpert believes things will progress much faster after that. The Mayor attended the Greystone Park Security Meeting recently where the closing of another hospital was discussed. Many of those patients will be transferred to Greystone, however Greystone is confident they will be able to absorb the transfers. The VFW held their Memorial Day Ceremony where Patrolman Mike Gomez was welcomed back after his tour in Afghanistan. Officer Gomez was presented with the flag that flew in front of Town Hall the entire time he was away. Mayor Alpert attended a meeting with the Morris County Shared Services Coordinator where issues dealing with police mergers was discussed.

Manager Lovell reported that the Emergency Management Division in Randolph undertook a table top exercise recently which focused on the mass distribution of medications in the Shongum area. The 2009 audit has been completed and distributed to each of the Council members. The Manager reminded the Council that they are required to review the audit comments. Manager Lovell will schedule the adoption of the audit for June 24 and will invite the auditor to the meeting to make a brief presentation. The application by the Skylands to build a hotel at the site has been exempted from the Scarce Resource Order and he expects to see them breaking ground at the site this summer.

SOIL MOVEMENT HEARING—Grecco Realty LLC

Howard Spear, an attorney representing Grecco Realty, noted that on February 2, 2009, the Planning board adopted a resolution granting major preliminary and final site plan approval for the development of a shopping center. The Planning Board recommended approval of the application for soil movement, which will consist of about 81,500 cubic yards of soil. Mr. Spear acknowledged that his client is obligated to follow Township ordinances and other regulations regarding the soil movement.

Councilman Algeier asked if the 90-day period for the removal of soil was adequate.

Steven Smith, representing Jaman Engineering, responded that 120-day time period for the soil removal would be preferable. Mr. Smith reiterated that all of the trucks moving the soil will be restricted to Route 10 only.

Mayor Alpert opened the meeting to the public for a public hearing.

A resident of Quaker Church Road asked when work is scheduled to begin at the site, erosion controls at the site, and placement of the driveway that will be built onto Quaker Church Road.

Mayor Alpert responded that soil movement activities can not begin before 9:00 a.m. and must end by either 5:00 p.m. or dark, whichever comes first. The Mayor reiterated that Quaker Church Road can not be used for truck traffic and that safety issues have been reviewed by the Planning Board.

Mr. Smith responded that the site plan includes erosion control measures, it shows where a silt fence will be installed prior to the beginning of work, it shows where a detention basin will be constructed, and where the driveway onto Quaker Church Road will be constructed.

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

Councilman Algeier stated for the record that in his capacity as a private attorney, he was recently involved in a legal matter for a party that was potentially going to sell property to Mr. Grecco’s company. Councilman Algeier contacted Mr. Spear and indicated that if Mr. Grecco wanted the Councilman to remove himself from any aspects of this application, he would do so. Mr. Spear assured Councilman Algeier that he had every confidence the Councilman could participate.

Deputy Mayor Mitsch made a motion to adopt the resolution with the modification that the number of days be increased from 90 to 120. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Resolution Approving the Soil Movement Permit for Grecco Realty LLC, Block 111, Lot 10-16

R-148-10

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

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

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

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

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

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

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

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

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

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

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

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

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

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

b) Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m. or dark, whichever comes first, Monday through Friday, excluding public holidays. Phases of construction may begin at 7:00 a.m. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off the site until 9:00 a.m.

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

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

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

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

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

h) A cash bond in the amount of seven thousand five hundred dollars ($7,500.00) shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the Permit approved hereunder, to cover the repairs of any damage done during the soil movement operation.

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

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

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

4. This Resolution shall take effect immediately.

MASTER PLAN HOUSING ELEMENT—Robert Michaels

Mr. Michaels’s comments included the following:

• The Housing Element and Master Plan is due to be submitted to COAH
• This plan was adopted by the Planning Board on May 17, 2010 and has been prepared pursuant to COAH regulations
• Communities within the Highlands were given until June 8, 2010 to complete their housing element and fair share plans
• The housing element represents a request for a growth share adjustment
• The obligation for communities is composed of three elements: a rehabilitation share, prior round obligation, and growth share obligations
• Randolph’s rehabilitation requirement is 34 units
• Randolph’s prior round obligation is 261 units which are assigned by COAH
• Randolph’s growth share obligation, also assigned by COAH using their growth projections, is 370 units
• By utilizing the adjusted growth share and data obtained in the Highlands studies, this plan projects a reduction in growth share obligations from 370 to 143 units
• Prior round obligations have been exceeded through existing development that has occurred since 2004 as well as rental bonuses
• The surplus will be applied to growth share
• Remaining growth share obligations needed to satisfy the submission will be made up from the following projects: EA Porter/Habitat for Humanity, by extending controls for existing units in the Woodmont development, the Grecco Realty project, Rose of Sharon project, Randolph Mountain, Allies, Inc., and a compliance bonus
• These units will exceed Randolph’s obligation under growth share
• The surplus is necessary in the event there is some question with COAH reviews the document
• The Council is required to endorse the document for submission to COAH
• There is currently legislation before the Legislature that may dramatically amend the Fair Housing Act and possibly eliminate COAH
• Should the new legislation be enacted, the plan being submitted now by Randolph may not be the final plan
• This plan does not bind Randolph into opting in to the Highlands plan

Deputy Mayor Mitsch asked if construction of a hotel at the Skylands site would generate additional COAH obligations.

Mr. Michaels responded that it would not.

Deputy Mayor Mitsch asked if there was a time line for COAH acceptance of the plan.

Mr. Michaels responded that approval is a two-step process. COAH will first notify Randolph whether or not the plan is complete. Once the plan has been determined to be complete, they then decide whether or not to approve the plan. Mr. Michaels noted that of 230 plans submitted in 2008 only 63 or so have been approved so far.

Councilman Algeier asked if the Scarce Resource Order remains in effect until the plan is accepted.

Mr. Michaels responded that was correct because Randolph is seeking an adjustment, however having the SRO in place provides protection from builders remedy suits.

Councilman Napoliello asked if there would have been a reduction in the number of units required by COAH if Randolph had opted in to the Highlands.

Mr. Michaels responded that the number would probably have been drastically lower because that would be affirming that there would be no new development within the community, therefore acquiring no further obligations.

Deputy Mayor Mitsch asked if the Scarce Resource Order would be repealed if the pending legislation is enacted.

Mr. Michaels responded that he has not seen any information on that issue.

Councilwoman Price asked how the COAH obligations that are due to expire in Woodmont would obtain an extension.

Mr. Michaels responded that there are ordinances that allow municipalities the first right to purchase the units or it may be able to be done by deed. COAH requirements mandate those units be extended for a 30-year period.

Deputy Mayor Mitsch made a motion to approve the resolution and recommended the plan be submitted to COAH by June 8. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Resolution Authorizing Housing Element and Petitioning COAH for Substantive Certification

R-149-10

WHEREAS, the Planning Board of the Township of Randolph, County of Morris, State of New Jersey, adopted the Housing Element of the Master Plan on May 17, 2010; and

WHEREAS, a true copy of the resolution of the Planning Board adopting the Housing Element is attached pursuant to N.J.A.C. 5:96-2.2(a)2; and

WHEREAS, the Planning Board adopted the Fair Share Plan on May 17, 2010; and

WHEREAS, a true copy of the resolution of the Planning Board adopting the Fair Share Plan is attached pursuant to N.J.A.C. 5:96-2.2(a) 2.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Randolph, County of Morris, State of New Jersey, hereby endorses the 2010 Housing Element and Fair Share Plan as adopted by the Township of Randolph Planning Board.

BE IT FURTHER RESOLVED that the Governing Body of the Township of Randolph, pursuant to the provisions of N.J.S.A. 52:27D-301, et seq., Executive Order 114 (September 5, 2008), Memorandum of Understanding (October 30, 2008), Resolution Granting Extension of Time to File Third Round Petition (November 12, 2008), Resolution Granting Additional Extension of Time Until June 8, 2018, For Highlands Municipalities, and N.J.A.C. 5:96-3.2(a), submits this petition for substantive certification of the 2010 Housing Element and Fair Share Plan to the Council on Affordable Housing for review and certification.

BE IT FURTHER RESOLVED that a list of names and addresses for all owners of sites in the Housing Element and Fair Share Plan has been included with the petition.

BE IT FURTHER RESOLVED that notice of this petition for substantive certification shall be published in a newspaper of countywide circulation pursuant to N.J.A.C. 5:96-3.5 within seven days of issuance of the notification letter from the Council on Affordable Housing’s Executive Director indicating that the submission is complete and that a copy of this resolution, the adopted Housing Element and Fair Share Plan and all supporting documentation shall be made available for public inspection at the Township of Randolph Clerk’s office located at Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, during the hours of 9:00 a.m. and 4:30 p.m. on Monday through Friday for a period of 45 days following the date of publication of the legal notice pursuant to N.J.A.C. 5:96-3.5.

PUBLIC HEARING—2010 MUNICIPAL BUDGET

Mayor Alpert stated that the state budget examination has not yet occurred. The public hearing on the 2010 municipal budget will take place this evening, however adoption of the budget will be rescheduled for June 24.

Manager Lovell’s budget comments included the following:

• The municipal budget totals $26,407,304.00, representing a reduction of $286,538.00 or 1.07 percent from 2009 levels
• The water and sewer budget totals $7,725,603.00, representing a reduction of $298,397.00 or 3.73 percent
• Randolph is below the appropriations cap by $1,308,187.00 and below the levy cap by $31,902.00
• Randolph is facing a tax rate increase of 2 1/2 cents, which represents $84.50 for the average assessed property in Randolph
• Salaries are down this year by 3.81 percent
• Health insurance is up by 6.76 percent
• Pensions are up by 8.51 percent
• Social Security is up by .5 percent
• The Retirement Program for the volunteers is up by 7.55 percent
• General operating expenses are down by 3.5 percent
• Debt capital, outlay, and deferred charges are down by 3.92 percent
• The Library is down by 4.69 percent
• Reserve for Uncollected Taxes is up by 3.84 percent
• There were declines in several revenue categories in 2009
• The biggest hit to the budget was due to a reduction in state aid and a continued increase in pension contributions
• Manager and department head salaries were frozen for 2009
• Negotiations were undertaken with four white collar unions and contracts were entered into with no budget impact
• A teamster contract was renegotiated for a one year period for 1.5 percent raises
• A police contract is still in effect and will result in 4 percent increases
• Budget meetings took place throughout the year to determine where the township was headed during 2009
• The Manager does not expect the state aid to be restored next year and believes things will get worse next year
• Budget difficulties will be further compounded by a proposed 2.5 percent hard cap on the levy
• The steps taken to address the budget gap means that Randolph Township will not be able to do business as usual and will have to change the way in which operations are run in the future
• Steps taken to address the budget gap include: a one-time payment of $300,000.00 to the Township from the Randolph Library for capital improvements to that site, reducing the tax reserve against tax appeals, staff changes which include layoffs and retirements, and by eliminating openings in the police department
• The Council does not take tax increases lightly and strives to minimize the impact to the public
• Shared service agreements exist and are being considered in many areas of the township
• Further reductions will need to be determined during 2010 in order to balance the budget in 2011 and beyond
• The Manager does not anticipate a full recovery of revenue lost in 2010
• Investment income will remain down because interest rates are down and building permit fees and planning board fees will likely remain low since developers are waiting for the Scarce Resource Order to be lifted
• Randolph saw a reduction in revenues in the water account due to conservation efforts, a block rate structure, and a wet summer in 2009
• The Manager may consider increasing water rates in order to keep the system solvent
• The Manager believes the budget to be a sound document and that the recommendations contained in it are right for Randolph Township
• The budget was structured in a fiscally responsible manner to ensure the financial well-being of the municipal government for this year and into the future
• Despite difficult economic times, Randolph received a AAA bond rating as a result of conservative fiscal management
• Only 12 other towns in New Jersey enjoy a AAA bond rating
• Difficult decisions had to be made in order to prepare the budget
• Positions that have been eliminated or altered all had good people serving in them and brought value to the community
• More decisions like these loom in the future
• It is the responsibility of the town to operate within the confines of the state

Mayor Alpert opened the meeting to the public for a public hearing on the proposed budget.

Nancie Ludwig, 14 Lookout Road, stated that she does not agree with the proposed budget due to her concerns about public safety regarding the decrease in the police department, the elimination of the health educator position, raises given to staff members and the mayor, pensions for certain part time employees, and the continuation of borrowing money instead of providing tax savings to the taxpayers. Mrs. Ludwig suggested eliminating the Assistant Township Manager position.

Manager Lovell responded that state pensions are guided by state statute and Randolph has no choice in the matter regarding who and who does not qualify for a pension.

Judith Stewart, 114 Everdale Road, questioned whether the retirement that will occur in the Planning Department will impact the way the department will be able to operate. Regarding the layoff of the Community Services Director, Mrs. Stewart believes that department can not operate without Mrs. Lukavich unless someone of equal stature is hired into a full time position. The person who fills that position holds a position of trust within the community and many residents do not trust that the department will now be able to provide services that have been provided in the past. Mrs. Stewart reiterated her belief that the Community Services Department should not have been combined with the Recreation Department and remains steadfast in her belief that the Recreation Director does not care about Community Services. Mrs. Stewart stated that she does not support the proposed budget.

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

Manager Lovell stated that adoption of the 2010 municipal budget will be scheduled when clearance is received from the state.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #6-10: Governing the Payment of Premiums for Health Benefit Coverage After Retirement

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE GOVERNING THE PAYMENT OF PREMIUMS FOR HEALTH BENEFIT COVERAGE AFTER RETIREMENT” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance amendment will allow for retirement with benefits for one employee. There is a sunset clause of December 31, 2010, in this ordinance. This retirement will help the township avoid an additional layoff and result in significant savings.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE GOVERNING THE PAYMENT OF PREMIUMS FOR HEALTH BENEFIT COVERAGE AFTER RETIREMENT” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

(2) Ordinance #7-10: Amending Section 31-74—Municipal Complex Parking Restrictions

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 31-74, MUNICIPAL COMPLEX PARKING LOT, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance is the result of problems experienced over many years with regard to students parking on this side of the street, crossing Millbrook Avenue to get to school, and returning to their vehicles in the afternoon. The high school principal is also opposed to students parking in the municipal lots due to safety concerns. The amendment will prohibit parking by students and teachers on this side of Millbrook Avenue when school is in session. All teachers have assigned spots and the number of parking permits issued to students in September will not exceed the number of spaces available to them. Reminders of the ordinance amendment will be sent to residents over the summer.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 31-74, MUNICIPAL COMPLEX PARKING LOT, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

(3) Ordinance #8-10: Amending Chapter 42, Solid Waste Management—Dumpsters

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 42, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that the Township is required by the state to adopt an ordinance requiring that all dump containers be in good condition and have functional covers to keep out rain water. All Township containers will be audited to ensure compliance. The public will be informed and educated about the ordinance in order to avoid instances where summonses would be issued for noncompliance.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 42, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Algeier asked if Randolph had to adopt the model ordinance from the state word for word.

Manager Lovell responded that, although minor modifications to the wording were made, towns are generally expected to comply with the model.

Councilman Algeier expressed concern that dumpsters without lids but located in covered areas were not specifically addressed in the ordinance. Dumpsters located in covered areas would be covered in the ordinance.

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

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

NAYS: None

(4) Ordinance #9-10: Amending Appendix A—Parks and Recreation Fees

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance affects a number of summer activities in Randolph Township such as swimming fees at Randolph Park.

The Mayor opened the meeting for public hearing.

Judith Stewart, 114 Everdale Road, finds the proposed ordinance difficult to understand. Mrs. Stewart expressed concern regarding the fees paid by individuals versus couples and residents versus non-residents.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Price stated that non-resident fees should be re-evaluated and possibly increased because local taxes subsidize the recreation areas and non-residents do not pay into that system.

Manager Lovell responded that participation in certain areas has decreased dramatically over the years. Non-residential fees were reduced so as to increase and supplement activity in these areas.

Councilwoman Price asked if figures were available as to the percentage of non-residents using Randolph’s facilities.

Manager Lovell responded that figures are available and he will supply them to the Council.

Deputy Mayor Mitsch made a motion to adopt the ordinance. Councilman Metz seconded the motion.

Councilman Algeier noted that if the ordinance is not adopted, the old fees will stay in place and Randolph will be making less money for the taxpayers regardless of the resident and non-resident spread.

Manager Lovell confirmed that less revenue will be generated if the new fees are not implemented. The lake should be operated to be as self-sufficient as possible.

The following roll call vote was taken:

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

NAYS: None

B. Introduction

(1) Bond Ordinance Appropriating $1,985,000.00 Funding 2010 Road Overlays, Police Equipment and Building Improvements, Fire Ladder Truck, and a Rescue Squad Vehicle

Manager Lovell summarized the ordinance and the items that will be funded through it. The Manager regards all of the authorizations as needed by the Township and important to public safety.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,985,000.00 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $1,540,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be introduced and 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 1st of July, 2010, at 8:00 p.m. 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 Metz expressed concern that the purchase of the ladder truck was only briefly discussed during the budget process and he asked whether or not the town was in a position to make such a large purchase.

Manager Lovell responded that he is willing to pull the ordinance for further discussion, however he needs to get the timing right with the ordinance because of the road overlay aspect to it.

Councilman Algeier noted that if the ordinance is introduced this evening, no money is being committed and Councilman Metz’s concerns can still be addressed and information provided to the Council.

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

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

NAYS: None

(2) Capital Ordinance Appropriating $1,704,800.00 Funding Police, Public Works, Parks and Sewer Equipment/Improvements as Listed in the 2010 Capital Improvement Program

Manager Lovell stated that this is a cash ordinance and all items in it will be funded through either the capital fund or with state grant dollars. The Manager provided a summary of the items listed in the ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2010 CAPITAL IMPROVEMENTS APPROPRIATING $1,704,800.00 THEREFORE, INCLUDING $1,176,800.00 FROM THE CAPITAL IMPROVEMENT FUND, $225,000.00 FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, $20,000.00 FROM THE RECYCLING TONNAGE GRANT, $99,000.00 FROM THE RESERVE IN LIEU OF SEWERS, $98,500.00 FROM THE DEDICATED OPEN SPACE/RECREATION TRUST FUND AND $85,500.00 FROM CAPITAL SURPLUS” be introduced and 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 1st of July, 2010, at 8:00 p.m. 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.

Councilwoman Price asked if the toilets from the jail were included in this ordinance.

Manager Lovell responded that the toilets in the jail are being rebuilt with replacement parts and will not need to be replaced, resulting in substantial cost savings. This item can be found in the capital outlay budget.

Councilman Algeier suggested revisiting the current ordinance language regarding the amount of the fine for hooding a sump pump into the sewer line to bring it up to today’s standards for relevancy and enforcement.

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

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

NAYS: None

(3) Amending and Setting Fees—Electrical Inspections, Recycling Containers and Vaccinations

Manager Lovell stated that the cost to the Township for purchasing recycling containers that are provided to the public have increased and those costs are reflected in this ordinance. Electrical inspections are being amended so as to retain a 25 percent administrative charge. The nursing staff has recommended the fees to be charged for obtaining vaccine materials from the state.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING PORTIONS OF THE ADMINISTRATIVE FEES, BUILDINGS, AND HEALTH SECTIONS OF APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced and 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 1st of July, 2010, at 8:00 p.m. 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 Mitsch made a motion to introduce the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

NOT PRESENT: Councilman Napoliello

(4) Retrofitting of Storm Drain Inlets in Accordance With State Mandated Stormwater General Permitting Requirements

Manager Lovell stated that this is the second ordinance Randolph is required to adopt this year for the storm water permit. The Council had expressed concern when this issue was first discussed and the Manager undertook additional research and incorporated his determinations into the body of this ordinance. The ordinance will affect private commercial properties when renovating their parking areas to retrofit existing storm drains. The Township will stock grates and provide them at cost to commercial property owners on a first come, first served basis. Older systems will require more of an expense to bring into compliance than newer systems. Property owners will be subject to a warning as a first step in the enforcement process.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ARTICLE VIII, MAINTENANCE AND PRESERVATION OF PARKING AREAS, OF CHAPTER 44, STREETS AND SIDEWALKS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced and 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 1st of July, 2010, at 8:00 p.m. 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 Obremski asked if the grates can be purchased through the MCCPC.

Manager Lovell responded that the grates are a co-op item.

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

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

NAYS: Councilman Algeier

ABSTAIN: Councilman Metz

(5) Amending Ordinance #5-10 Regarding Acquisitions of 232 South Salem Street From Alan Mackerly for Municipal Public Uses

Manager Lovell stated that the Council adopted a very similar ordinance several weeks ago where it was anticipated that Morris County would provide a grant of $200,000.00 toward the purchase of this property. The amount of the grant has since been adjusted and this ordinance reflects that adjustment.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 5-10 OF THE TOWNSHIP OF RANDOLPH REGARDING THE ACQUISITION OF BLOCK 195, LOT 25 (232 SOUTH SALEM STREET) LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM ALAN C. MACKERLEY FOR MUNICIPAL PUBLIC PURPOSES” be introduced and 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 24th of June, 2010, at 7:00 p.m. 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 Mitsch made a motion to introduce the ordinance. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Obremski*

*Councilman Obremski abstained since he is a member of the Morris County Open Space Committee.

COMBINED ACTION ITEMS

Deputy Mayor Mitsch asked about the fee differences in the liquor licenses and whether or not Randolph receives any amount of the fees paid for liquor licenses.

Mrs. Luciani responded that distribution licenses differ in price from restaurant licenses. Mrs. Luciani stated that several establishments have not yet received tax clearance.

Manager Lovell responded that the fees paid for liquor license renewals are retained by Randolph Township.

Councilwoman Price asked if the establishments that have not received tax clearance by July 1 lose their license after that date.

Mrs. Luciani responded that those establishments can go through addendum until they receive tax clearance. There is a fee of $5.00 per day from July 1 until the date they receive clearance.

Councilman Napoliello asked if any liquor licenses are currently available.

Manager Lovell responded that no licenses are available that are held by the Township. Several pocket licenses exist by are privately held.

Councilman Algeier noted that there is proposed legislation that would authorize towns to issue additional licenses based on population, however he doesn’t believe Randolph would be awarded additional licenses.

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

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

NAYS: None

A. Refund/Adjustment Resolutions

(1) Refund Registration for 2010 Summer Stages to Roseanne Fleming—$315.00

R-150-10

WHEREAS, Roseanne Fleming registered her child for 2010 Summer Stages (Session I) and paid the fee of $340.00; and

WHEREAS, her daughter will not be attending the 2010 Summer Stages (Session I) program due to a family conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $315.00 be refunded to Roseanne Fleming, 59 Calais Road, Randolph, NJ 07869.

(2) Refund Registration for 2010 Advanced Performers Workshop to Eunice Park—$500.00

R-151-10

WHEREAS, Eunice Park registered her child for 2010 Advanced Performers Workshop (BPP) and paid the fee of $525.00; and

WHEREAS, the child will not be attending the program due to a conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $500.00 be refunded to Eunice Park, 10 Floral Drive, Randolph, NJ 07869.

B. Award of a Maintenance Contract for Township’s Fire Apparatus to Campbell Supply Company for Two-Year Period

R-152-10

WHEREAS, The Township wishes to award a maintenance contract for the Township’s Fire Apparatus for a two-year period from June 1, 2010 - May 31, 2012; and

WHEREAS, bids have been advertised and received on May 4, 2010, in accordance with the “Local Public Contracts Law”; and

WHEREAS, one (1) bid was received from Campbell Supply Company, Inc., Edison, New Jersey, and meets all the specifications; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Campbell Supply Company, Inc., Edison, New Jersey, for the contract period June 1, 2010 - May 31, 2012.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Fleet Maintenance, Other Expenses, to award a contract to Campbell Supply Company, Inc., for the Maintenance of the Township’s Fire Apparatus in accordance with the bids on file with the Township’s Purchasing Officer.

____________________
Michael J. Soccio
Chief Financial Officer

C. Awarding a Contract for Leaf Hauling Services to Grinnell Recycling, Inc.—As Needed

R-153-10

WHEREAS, the Township of Randolph wishes to award a contract for Leaf Loading and Hauling Services from October 2010 through February 2011; and

WHEREAS, bids have been advertised and received on April 13, 2010, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph received four (4) bids and has determined that Grinnell Recycling, Inc., Sparta, New Jersey, is the low bidder and meets the specifications and requirements and is recommended for the award for $7.00 per cubic yard.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Grinnell Recycling, Inc., Sparta, New Jersey, for $7.00 per cubic yard.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Recycling, Other Expenses, to award a contract to Grinnell Recycling, Inc., for Leaf Loading and Hauling Services in the amount of $7.00 per cubic yard.

____________________
Michael J. Soccio
Chief Financial Officer

D. Awarding a Contract for Center Grove Road for Sidewalk Improvements to A. Takton Concrete Corp.—$87,023.25

R-154-10

WHEREAS, the Township of Randolph wishes to award a contract for the Center Grove Sidewalk Improvements; and

WHEREAS, seven bids were received on April 29, 2010, in accordance with the Local Public Contracts Law; and

WHEREAS, A. Takton Concrete Corp., South River, New Jersey, is the low bidder and meets all the specifications; and

WHEREAS, the base bid is $56,935.00 and the alternate bid is $30,088.25, totaling $87,023.25; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to A. Takton Concrete Corp., South River, New Jersey, at a total contract price of $87,023.25.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09, 2009 Various Capital Improvements (Center Grove Road Sidewalk Rehabilitation - Phase 2) to award a contract to A. Takton Concrete Corp. for the Center Grove Road Sidewalk Improvements in the amount of $87,023.25.

____________________
Michael J. Soccio
Chief Financial Officer

E. Awarding Contract for Online Procurement Services to International Data Base Corp., dba Interactive Procurement Technologies, by Bidnet

R-155-10

WHEREAS, the Township wishes to award a contract for online bid services; and

WHEREAS, Morris County Purchasing has created a website with IPT by Bidnet and is extending this website to other public entities including Randolph Township; and

WHEREAS, the website includes all the essentials that the Township Purchasing Agent would require and is user friendly; and

WHEREAS, the only fee to the Township will be reimbursement of postage for letters sent to vendors at initial startup; and

WHEREAS, the duration of this agreement is twelve (12) months and may be extended in one-year increments upon mutual agreement by both parties; and

WHEREAS, the Agreement has been reviewed by the Buzak Law Group to be signed by the Mayor.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township enter into an agreement with International Data Base Corp., dba Interactive Procurement Technologies by BidNet.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Clerk, Other Expenses, to award a contract to International Data Base Corp., dba Interactive Procurement Technologies, by BidNet for Online Procurement Services in the amount of reimbursement for postage.

____________________
Michael J. Soccio
Chief Financial Officer

F. Awarding a Two-Year Contract for Furnishing and Delivering Hardware to the Township From June 1, 2010, Through May 31, 2012

R-156-10

WHEREAS, the Township wishes to award a contract for furnishing and delivering hardware for a period from June 1, 2010, through May 31, 2012; and

WHEREAS, bids were advertised and three were received on April 28, 2010, in accordance with the Local Public Contracts Law; and

WHEREAS, Fastenal Company has the highest discount on all seven items but does not meet specifications on two; and

WHEREAS, Vision Supply Inc. has the second highest discount and meets specifications on the remaining two items; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Fastenal Company for five items as attached and Vision Supply Inc. for the remaining two items as attached.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Streets and Roads, Other Expenses, and Fleet Maintenance, Other Expenses, to award a contract to Fastenal Company and Vision Supply, Inc. for the Furnishing and Delivering of Hardware in accordance with the bids on file with the Township’s Purchasing Officer.

____________________
Michael J. Soccio
Chief Financial Officer

G. Amend Professional Services Agreement—Art Thibault, Esq., for Police Disciplinary Matter—Adding $4,600.00

R-157-10

WHEREAS, an agreement was a awarded to Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy on January 14, 2010, for Special Police Counsel Services regarding Randolph Township v. Edelman on Friday, January 15, 2010; and

WHEREAS, upon receipt of Amendment I awarded on March 4, 2010, there were outstanding invoices that were not included in the total; and

WHEREAS, the original agreement was in the amount of $2,500.00 and Amendment I was $1,740.00 and an additional $4,600.00 is needed; and

WHEREAS, the total of this contract with Amendment I and Amendment II will not exceed $8,840.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to amend this contract with Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Legal, Other Expenses, to amend the contract with Arthur R. Thibault, Jr. of Apruzzese, McDermott, Mastro & Murphy for Special Counsel Regarding Randolph Township v. Edelman in the amount of $4,600.00.

____________________
Michael J. Soccio
Chief Financial Officer

H. Awarding a Contract for Demolition of 1304 Sussex Turnpike Home and Surrounding Structures and Demolition of 107 Everdale Road

R-158-10

WHEREAS, the Township of Randolph wishes to award a contract for the demolition of 1304 Sussex Turnpike home and surrounding structures and the demolition of 107 Everdale Road; and

WHEREAS, bids have been advertised and received on May 19, 2010, in accordance with the Local Public Contracts Law; and

WHEREAS, Midwest Construction Inc., Warren, New Jersey, submitted the low bid for the demolition of 1304 Sussex Turnpike home and surrounding structures at a contract price of $30,650.00 and 107 Everdale Road at a contract price of $9,225.00.

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 Midwest Construction Inc., Warren, New Jersey, for the demolition of 1304 Sussex Turnpike home and surrounding structures at a contract price of $30,650.00 and the Everdale Road home at a contract price of $9,225.00, for a total contract price of $39.875.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #13-09, 2009 Various Capital Improvements (Wright/Tucker Property—Demolition and Remediation) to award a contract to Midwest Consruction, Inc. for the demolition of Sussex Turnpike home and surrounding structures and demolition of the Everdale Road home in the amount of $39,875.00.

____________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing Award of Electrical Sub-Code Inspection Services to Building Inspection Underwriters, Inc.

R-159-10

WHEREAS, the Township of Randolph wishes to award a contract for Electrical Subcode Inspection Services for a one-year contract from June 1, 2010, through May 31, 2011, with the option to extend for two one-year periods ending May 31, 2013; and

WHEREAS, bids were received on April 28, 2010, in accordance with the Local Public Contracts Law; and

WHEREAS, two bids were received and the lowest percentage was from Building Inspection Underwriters, Inc., Berlin, New Jersey, at a total of seventy-five percent (75%) of subcode inspection fees for all three years.

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 Building Inspection Underwriters, Inc., Berlin, New Jersey, for Electrical Subcode Inspection Services, one-year contract from June 1, 2010, through May 31, 2011, with the option to extend for two one-year periods ending May 31, 2013.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 3, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget, Electrical Inspections, Other Expenses, to award a contract to Building Inspection Underwriters, Inc. for Electrical Subcode Inspection Services in accordance with the bids on file with the Township Purchasing Officer.

____________________
Michael J. Soccio
Chief Financial Officer

J. Liquor License Renewals for 2010-2011 Season

R-160-10

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

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

K. Granting Permission for Garden State Fireworks to Perform a Fireworks Display on July 3 (Rain Date July 4)

R-161-10

WHEREAS, the Township of Randolph wishes to hold a fireworks display on July 3, 2010, rain date July 4, 2010; and

WHEREAS, Garden State Fireworks, Millington, New Jersey, was awarded the contract for this display; and

WHEREAS, the Mayor and Council of the Township of Randolph grant permission for this fireworks display to be held on July 3, 2010, rain date July 4, 2010, and conducted by Garden State Fireworks on such date subject to the receipt of all local permits being granted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township grants permission for a fireworks display to be held as stated above;

L. Raffles

(1) On-Premise 50/50, Randolph High School Girls Soccer Booster Club, June 12, 2010, 8:00 a.m. to 6:00 p.m. at Freedom Park, Millbrook Avenue, Randolph

(2) Off-Premise 50/50, Friends of Randolph Football, December 12, 2010, 4:00 p.m., at the Meadow Wood Manor, Route 10 East, Randolph

(3) Kiwanis Club, Various Games and Tables at Freedom Festival, July 2010, County College of Morris

DISCUSSION

(1) June 24, 2010 meeting to start at 7:00 P.M.

Manager Lovell noted that there will be a public appeal heard at the June 24 meeting regarding employee bumping rights. The Manager suggested starting the meeting at 7:00 p.m. because he feels the appeal will be lengthy.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, expressed her belief that more handicapped parking spaces are needed at the municipal building.

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

COUNCIL AND MANAGER COMMENTS

There were no comments.

EXECUTIVE SESSION

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

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

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

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

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

a. Berger v. Randolph

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

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

Councilman Algeier made a motion to go into Executive Session at 10:55 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Algeier made a motion to return to Open Session at 11:05 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

Mayor Alpert adjourned the meeting at 11:06 p.m.

_______________________________
Donna Marie Luciani
Township Clerk