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

Minutes: June 4, 2009

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Metz. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on January 12, 2009, by emailing them the annual resolution adopted by the Council on January 1, 2009. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on January 15, 2009. The Notice of Time Change for tonight’s meeting was provided to the Morris County Daily Record on May 29, 2009, through e-mail. The time change for this meeting date was advertised in the Morris County Daily Record on June 1, 2009.

PRESENT:
Councilman Algeier
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price (arrived 7:10 p.m.)
Deputy Mayor Alpert
Mayor Metz

ABSENT: Councilman Napoliello

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

Mayor Metz led the Pledge of Allegiance.

2009 POLICE AWARDS CEREMONY

Police Chief Mason thanked the Township Council for scheduling the presentation of police awards. He congratulated Sgt. Gomez and his wife on the recent birth of their third child. Police awards are held twice each year. The Police Awards Committee consists of Lt. Tom Donovan, Lt. Dave Stokoe, Sgt. Scott Arentowicz, Officer Scott Bailey, Officer Shawn Boyhan, and Officer Michele Edelman who letters all of the certificates. The Committee reviews nominations made during the year and determines what certificates or awards will be presented based on the facts of each case.

Chief Mason noted that Officer Mike Gomez is currently on deployment in Afghanistan and Officer Brian Brenckman is currently fulfilling his Reserve duties.

Chief Mason presented the following awards:

Life Saving Award:

On March 8, 2009, at 3:21 a.m., Patrol Officers Stephen Zenes, Michael Gomez, and Brian Brenckman were dispatched to a residence in the Mt. Fern section of Randolph on a report of an unconscious and unresponsive male.

Officers Zenes and Brenckman were the first to arrive and found the victim lying on a bed not breathing and without a pulse. Officers Zenes and Brenckman, now assisted by Officer Michael Gomez, moved the male to the floor and initiated cardio-pulmonary resuscitation. The officers placed an AED on the male and one shock was delivered to him. CPR was continued for several minutes until the male was found to have a pulse and to be breathing on his own.

Upon the arrival of the crew from the Randolph Rescue Squad, the male was transported to Dover General Hospital and admitted.

This is the first Life Saving Award for Officer Brenckman and the second Life Saving Award for Officer Gomez and Officer Zenes.

Officer Zenes is also the Police Department’s CPR Instructor.

For their call to duty and quick actions, the 2009 Awards Committee presents Officers Stephen Zenes, Michael Gomez, and Brian Brenckman the Department’s Life Saving Award.

Congratulations.

Life Saving Award:

On February 9, 2009, at 3:13 p.m., Patrol Officers Kevin Clark, Michael Gomez, and Corey Czerniak were dispatched to Center Grove Road and Route 10 for a head on motor vehicle crash. Upon arriving on the scene of the crash, Officer Czerniak quickly realized that one of the drivers was unresponsive and he requested advanced life support. Officer Gomez noted that the vehicle was still in drive and placed the car in park. Officer Gomez and Clark then removed the driver from his vehicle and initiated cardio-pulmonary resuscitation.

Upon the arrival of Atlantic Health Care’s EMS 9, the crew attached an AED to the driver and a shock was delivered. The driver regained a heartbeat and was breathing on his own while being transported to Morristown Memorial Hospital. There were no other injuries associated with this crash. The subject was discharged from the hospital at a later date.

This is the first Life Saving Award for Officers Clark, Gomez, and Czerniak.

For their call to duty and quick actions, the 2009 Awards Committee presents Officers Kevin Clark, Michael Gomez, and Corey Czerniak the Department’s Life Saving Award.

Congratulations.

Honorable Service Award:

On December 1, 2008, at 7:19 p.m., Officer Stephen Zenes and Officer Michael Gomez were dispatched to a Township apartment complex for an unresponsive person. Upon Officer Gomez’s arrival, he was met in the apartment courtyard by a woman who advised him her baby was not breathing. Officer Gomez passed on to the other responding officers that the unresponsive person was a five month old child.

Officer Gomez immediately initiated CPR on the child, quickly followed by Officer Zenes who assisted with the resuscitation efforts. Officers Gomez and Zenes administered mouth to mouth and attached an AED to the child. The child was unresponsive to any stimulus; however, upon arrival of the mobile intensive care unit, they advised the child did have a pulse and a strong heartbeat. The child was transported to Morristown Memorial Hospital and admitted to the intensive care unit.

The child survived for several days after being resuscitated by Officers Gomez and Zenes. Unfortunately, the child passed away. Patrolman Gomez and Patrolman Zenes’ quick thinking and actions helped sustain the child’s life until advanced medical care arrived and took over. The parents were given several more days with their child before she passed that, without the intervention of the Officers, would not have been possible.

For their call to duty and actions to attempt to save the life of a child, the 2008 Awards Committee awards Officers Michael Gomez and Stephen Zenes the Department’s Honorable Service Award.

This is Officer Gomez’s first Honorable Service Award.

This is Officer Zenes’ third Honorable Service Award.

Congratulations

Grand Cordon Award:

On May 23, 2008, between 11:04 p.m. and 11:31 p.m., the Randolph Police Department received three burglary calls. Patrol Officer Czerniak responded to 204 Center Grove Road while Patrol Officer Maccione and Patrol Officer Clark responded to two apartments in Center Grove Village. Officers Maccione and Clark quickly connected both of their burglaries as the same MO was utilized as well as bicycle tire impressions left in the surrounding grassy areas.

Morris County Sheriff’s Officers Jamie Rae and Kelly Duane responded to assist with processing the two apartment burglaries. A short time later, Officers Maccione and Clark assisted Officer Czerniak. Officer Maccione, utilizing night vision monocular, determined that there was also a fresh bicycle track from 204 Center Grove Road into the County College of Morris parking lot where the Cole Brothers Circus had recently set up for a show.

Sergeant Jeff Gomez then assembled all the officers working these burglaries and determined that they would contact the Morris County Sheriff’s K-9 handler Frank Perez to assist in furthering the investigation. Perez’s K-9 “Niko” immediately picked up a track and followed the bicycle tire track into the College parking lot.

After approximately 20 minutes, S.O. Kelly Duane discovered fresh bicycle tire impressions left in the mud. She photographed the tire track as the officers proceeded into the parking lot of CCM. There were numerous bicycles strewn about the various trailers, however it was determined that only one matched the photograph Officer Duane had taken.

The investigating team knocked on the trailer where the suspect bicycle was parked and spoke with Wilbert B. Little, a resident of North Carolina and a Cole Brothers Circus employee. After only a few minutes of speaking with Little, he began to turn over two safes and numerous other items stolen in the three burglaries.

Mr. Little was brought back to the Randolph Police Department where he subsequently gave a video-taped confession to all three burglaries. Little had recently been released from a North Carolina prison for burglaries and thefts in the Greensboro, North Carolina, area.

As a result of the outstanding police work and inter-agency cooperation, Little was sentenced to five years to the Leesburg State Penitentiary for the commission of these three burglaries.

For their call to duty and outstanding teamwork, the 2009 Awards Committee presents Sergeant Gomez, Officer Maccione, Officer Clark, Officer Czerniak, and Sheriff’s Officers Perez, Duane, and Rae the Department’s Grand Cordon Award.

This is the first Grand Cordon Award for Randolph Officers Maccione, Clark, and Czerniak and the third Grand Cordon Award for Sergeant Gomez.

Congratulations.

Military Service Award:

The Randolph Township Police Department proudly recognizes the honorable military service of Officer Brian Brenckman with the United States Navy. Officer Brian Brenckman served in the country of Iraq during a declared time of conflict recognized by the United States Department of Defense.

For his response to the call to duty, the 2009 Awards Committee presents Officer Brian Brenckman the Department’s Military Service Award.

Congratulations and thank you for your service.

Academic Achievement Award:

The Randolph Police Department proudly recognizes Officer Brian Brenckman for successfully obtaining an Associates in Art Degree with a concentration in Criminal Justice from Coastline Community College in 2007.

For his attaining a degree, the 2009 Awards Committee presents Officer Brenckman the Department’s Academic Achievement Award. This will be presented to him by his Lieutenant.

Congratulations.

Councilman Algeier stated that the evenings when the police awards are presented are always enjoyable evenings for the Council. The Councilman is pleased that the officers are given recognition for the work they do every day within the community and he appreciates the opportunity to honor them.

PROCLAMATION

(1) National Ovarian Cancer Awareness

WHEREAS, ovarian cancer is called the “silent disease” because its symptoms are often vague or subtle; and

WHEREAS, ovarian cancer is the fifth leading cause of cancer death among women and the leading cause of gynecologic cancer death in the United States; and

WHEREAS, each year more than 22,000 Americans are diagnosed with the disease and approximately 16,000 die from it; and

WHEREAS, if detected in its early stages, survival from ovarian cancer is 90—95 percent. Yet the five-year survival rate for the disease is only 28 percent because it is so difficult to detect early; and

WHEREAS, the Kaleidoscope of Hope Foundation (KOH), the Atlantic Health System, and the National Ovarian Cancer Coalition—Northern NJ (NOCC) are partnering to promote awareness of ovarian cancer through the Turn the Towns Teal campaign.

NOW, THEREFORE, BE IT RESOLVED that I, Edward Metz, Mayor of the Township of Randolph, in the County of Morris, New Jersey, in conjunction with the Randolph Township Council, declares his support for the Kaleidoscope of Hope Foundation and proclaims September 2009 as Ovarian Cancer Awareness month.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reiterated her desire for ban on smoking in public parks when children are present.

Lee Whilden, 82 Radtke Road, asked if the proposed amendment to the pay plan included an increase in the Mayor’s salary. She also asked if there were any votes on the Council to repeal the Mayor’s salary increase in 2008.

Manager Lovell responded that the Mayor’s salary is not being increased with the proposed ordinance and that there were no votes on the Council to repeal the Mayor’s salary in 2008.

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

COUNCIL AND MANAGER REPORTS

Mayor Metz stated that the Economic Development Committee received a letter from Carol Strowbridge congratulating the Committee on the success of the High School Senior Career Day. As part of an effort to assist local businesses during these tough economic times, Sidewalks Sales Days are being proposed for the two weeks leading up to the Country Fair in October. Local businesses will receive a letter with information about Randolph Sales Days and will be invited to advertise their businesses until the end of September on the email alert system. The EDC would like to hold a small awards ceremony in November where three businesses chosen by the Committee will be honored. The Country Fair is being sponsored once again by the Randolph Rotary Club at no expense to the taxpayers. Mayor Metz asked the Assistant Township Manager if he had emailed a photo taken at the high school to the New Jersey Devils organization.

Mr. Giaimis responded that he would take care of that immediately.

Councilman Algeier noted that the Planning Board recently approved the installation of solar panels at a warehouse in the Canfield Avenue complex. The owner believes he will be able to generate 90 percent of his power from the solar panels. The Planning Board is also considering the Skylands application calling for a hotel to be attached to the existing building. However, due to the wetlands issue there are some complications and the Planning Board has allowed them to bifurcate their application in order to take care of some improvements to the existing facility. The Councilman suggested that the EDC ask local businesses who participate in advertising on the email alert system to advertise the email alert system at their businesses as well.

Manager Lovell reported that he and several staff members were in Trenton meeting with the New Jersey Brownfields Redevelopment Inter-Agency team. They presented the proposed project of developing low and moderate income housing at the current EA Porter site, which was embraced by the state. The Agency provided good advice on permitting and gave assurance that Randolph would receive their assistance for this project. Manager Lovell came away from the meeting with a sense of cooperation and a willingness by the state to show some flexibility. The Manager, Mr. Buzak, and Mr. Giaimis met with Morris Habitat for Humanity to work on the proposed Memorandum of Understanding. He believes the Council will receive the Memorandum of Understanding at the July meeting. Mr. Buzak has suggested it be handled by ordinance since there will be a land transfer.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #12-09—Bond Ordinance—$1,065,000.00 for 2009 Capital Projects and Road Overlay Program

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 $1,065,000.00 THEREFORE, AND AUTHORIZING THE ISSUANCE OF $935,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is a very large bond ordinance which includes the following items:

• Bonding a portion of the road overlay program, however two state grants have been received for discretionary funds which will help with the program this year
• Remediation at Brundage Park where a neighboring property owner filled in wetlands and cleared trees
• Refurbishing the water tank on Old Brookside Road

The Manager anticipates this bond will be retired in a matter of years using short term one year bond anticipation notes, which is how Randolph has operated in the past and will continue to do so in the future.

Councilwoman Mitsch asked how much of the $740,000.00 being appropriated for the road overlay program is grant money.

Manager Lovell responded that the grants are not in the body of this bond ordinance. However, the grant for the Carrell Road reconstruction is $335,000.00 and the grant for the Morris Turnpike milling and resurfacing is $190,000.00.

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 “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,065,000.00 THEREFORE, AND AUTHORIZING THE ISSUANCE OF $935,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 stated that he has always been opposed to bonding road overlay programs. However, he realized that the Council faced a very difficult choice this year to either go with the bonding, to not do the work on the roads, or to raise taxes to do the work. He would not have agreed to deferring maintenance on the roads. As for bonding the work, normally he would have voted no however the interest rates are currently low and he therefore feels more comfortable with moving forward with the bonding.

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

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

NAYS: None

ABSENT: Councilman Napoliello

(2) Ordinance #13-09—Capital Ordinance—$1,222,000.00 for 2009 Capital Projects

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2009 CAPITAL IMPROVEMENTS APPROPRIATING $1,222,000.00, THEREFORE, INCLUDING $635,000.00 FROM THE CAPITAL IMPROVEMENT FUND, $410,000.00 FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, $25,000.00 FROM THE RECYCLING TONNAGE GRANT, $80,000 FROM THE COUNTY OF MORRIS—COMMUNITY DEVELOPMENT BLOCK GRANT, $50,000.00 FROM THE DEDICATED RECREATION TRUST FUND, AND $22,000.00 FROM CAPITAL SURPLUS” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this is a very large capital improvement program cash ordinance which includes the following:

• Replacement of mobile data terminals for the Police Department
• Carrell Road reconstruction
• Purchasing equipment for Public Works and Parks Departments
• Upgrading personal interior turnout gear for the Fire Department
• Demolition at the Wright and Tucker properties acquired as open space
• Improvements to the park system
• Completion of the sidewalk on Center Grove Road

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, asked if this ordinance went above the capital reserves

Manager Lovell responded that this is over and above capital reserves because there were so many grants this year. The grants have made it possible to complete a number of projects that would not have been done otherwise. The Manager reiterated that this is a cash ordinance.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2009 CAPITAL IMPROVEMENTS APPROPRIATING $1,222,000.00, THEREFORE, INCLUDING $635,000.00 FROM THE CAPITAL IMPROVEMENT FUND, $410,000.00 FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, $25,000.00 FROM THE RECYCLING TONNAGE GRANT, $80,000 FROM THE COUNTY OF MORRIS—COMMUNITY DEVELOPMENT BLOCK GRANT, $50,000.00 FROM THE DEDICATED RECREATION TRUST FUND, AND $22,000.00 FROM CAPITAL SURPLUS” 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. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

(3) Ordinance #14-09—Amend Land Development Ordinance—Signs and Banners

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-43.2.D.2., 15-43.11.C., 15-43.11.G., AND 15-43.11.H. AND DELETING SECTION 15-43.11.I, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that over the years more and more temporary signs have been erected on Randolph’s roadways. This ordinance will allow for the permitting of signs and their timely removal. Regarding banners, this ordinance reduces the number of times each year businesses can display banners, however it increases the number of days each year the banners can be displayed. Local businesses are in favor of this amendment to the banner ordinance. The Manager cautioned that the ordinance may have to be tweaked in the future, however it gives the staff better tools for which to deal with the sign issue.

The Mayor opened the meeting for public hearing.

Judith Stewart, 114 Everdale Road, stated that she finds this ordinance very confusing.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-43.2.D.2., 15-43.11.C., 15-43.11.G., AND 15-43.11.H. AND DELETING SECTION 15-43.11.I, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

In response to Mrs. Stewart’s statement that she finds the ordinance confusing, Mr. Buzak stated that this ordinance amends sections of the sign ordinance currently in place. When these sections are printed into the code and looked at in the entirety of the ordinance, that confusion should no longer exist.

Deputy Mayor Alpert made a motion to adopt the ordinance. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

(4) Ordinance #15-09—Amend Land Development Ordinance—Randolph Sales Days

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 14-141 OF CHAPTER 14, BUSINESSES, 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 Economic Development Committee is trying to assist local businesses and has identified that in the past, a three-day period was set aside for Sidewalk Sales Days. This ordinance proposes extending that time period to 14 days. Local businesses wishing to participate in the Sidewalk Sales Days will be required to register with the EDC. It is hoped that this ordinance will encourage Randolph residents to support its local businesses.

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 14-141 OF CHAPTER 14, BUSINESSES, 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. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

(5) Ordinance #16-09—Amend Salary and Wage Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 23-08 ENTITLED ‘AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’ ” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that Randolph is required to maintain a salary and wage ordinance for the Township. This proposed ordinance has very few revisions from last year’s ordinance.

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, asked if the figures listed in the ordinance are the salaries being received.

Manager Lovell responded that in some cases the figures do reflect the salaries, such as Council, Mayor, Municipal Court Judge, and Township Manager. Other categories list the maximum salary permitted for a position. Figures in Section 10 reflect the contract with police officers. The Manager noted that all contracts, with the exception of the police, are due to expire next year and he will be in negotiations for those contracts.

Mrs. Whilden asked what the DWI sessions were for.

Manager Lovell responded that special DWI sessions are being held in the court to get caught up on past drunk driving cases. All cases were on hold pending decisions over the use of breathalyzers. That issue has been clarified and Randolph is moving forward with those cases, however it had put an extra burden on the prosecutor, judge, and public defender.

Mrs. Whilden suggested that, if the Council is truly concerned about the economy, they should consider taking the salary of $1.00 per year. She reiterated her concerns about the Mayor’s salary because it is the antithesis of her open government beliefs.

Judith Stewart, 114 Everdale Road, stated that she believes the Clerk/Typist for the Zoning Board of Adjustment is underpaid considering her many years of service.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 23-08 ENTITLED ‘AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Napoliello

B. Introduction

(1) Storm Water Ordinance Amendment

Manager Lovell stated that this ordinance is designed to catch all applicants to Randolph’s boards to ensure they comply with storm water management plans. He considers it an important ordinance for Randolph Township given its location in the Highlands.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-95.3, APPLICABILITY, OF ARTICLE VIII, STORMWATER CONTROL ORDINANCE, OF THE LAND DEVELOPMENT ORDINANCE 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 July 2, 2009, 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 made a motion to introduce the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

COMBINED ACTION ITEMS

Councilman Algeier asked why the liquor license for the Wine Cellar was not included on the resolution with the other liquor licenses.

Manager Lovell responded that a number of liquor licenses have not received clearance at this time. The ones listed have been released by the state and meet all required criteria.

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

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

NAYS: None

ABSENT: Councilman Napoliello

A. Refund/Adjustment Resolutions

(1) Release Overpaid 2009 Taxes for 1 Poplar Court to Ming-Yi and Yang Fen Hu—$7,940.38

R-174-09

WHEREAS, Ming-Yi and Yang Fen Hu have overpaid 2009 taxes in the amount of $7,940.38 on Block 199, Lot 46.09, 1 Poplar Court; 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 $7,940.38 to Ming-Yi and Yang Fen Hu.

(2) Refund Overpayment of 2009 Taxes for 9 Main Street to Stephen and Debra Kudriavetz—$1,855.62

R-175-09

WHEREAS, Stephen and Debra Kudriavetz have overpaid 2009 taxes in the amount of $1,855.62 on Block 17, Lot 17, 9 Main Street; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $1,855.62 to Stephen and Debra Kudriavetz.

(3) Refund 2009 Summer Stages Program to Eunice Park—$345.00

R-176-09

WHEREAS, Eunice Park registered her child for the 2009 Summer Stages Program and paid the fee of $370.00; 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 $345.00 be refunded to Eunice Park, 10 Floral Drive, Randolph, NJ 07869.

(4) Release Road Opening Cash Bond for Curb Box Repair to Chris Schuette—$500.00

R-177-09

WHEREAS, the Engineering Department has received a request from Chris Schuette for the release of a $500.00 cash road opening bond posted for a curb box repair; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on May 27, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the curb box 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 $500.00 be refunded to Christine Schuette, 17 Oak Drive, Randolph, NJ 07869.

(5) Release Overpaid 2009 Taxes for 8 Leigh Court to Wells Fargo Home—$3,225.28

R-178-09

WHEREAS, Wells Fargo Home Mortgage has overpaid 2009 taxes in the amount of $3,225.28 on Block 82.02, Lot 4, known as 8 Leigh Court, assessed to Amanda and Dongping Liu; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $3,225.28 to Wells Fargo Home Mortgage.

(6) Credit Account for Block 21, Lot 193, for Over-Assessment of 2009 Property Taxes—$20,000.00

R-179-09

WHEREAS, Block 21, Lot 193, was assessed in the 2009 Tax List for a total of $409,900.00; and

WHEREAS, due to the value of the pool which was in fact an above ground pool and not in ground pool this assessment should be $389,900.00 for 2009 resulting in an over assessment of $20,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 21, Lot 193, the over assessment of $20,000.00.

(7) Credit Account for Block 182, Lot 10, for Over-Assessment of 2009 Property Taxes—$14,300.00

R-180-09

WHEREAS, Block 182, Lot 10, was assessed in the 2009 Tax List for a total of $292,400.00; and

WHEREAS, due to the value of a finished basement which was in fact not finished this assessment should be $278,100.00 for 2009 resulting in a over assessment of $14,300.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 182, Lot 10, the over assessment of $14,300.00.

(8) Release Overpaid 2009 Taxes for 70 Quaker Avenue to Two Rivers Title Company, LLC—$1,152.16

R-181-09

WHEREAS, Two Rivers Title Company, LLC, has overpaid 2009 taxes in the amount of $1,152.16 on Block 131.01, Lot 72, known as 70 Quaker Avenue, assessed to Claudia Lusk; 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 $1,152.16 to Two Rivers Title Company, LLC.

B. Authorizing Award of Contract for Janitorial Services for Five Municipal Buildings to Employment Horizons—$39,880.00

R-182-09

WHEREAS, the Township desires to award a bid for Janitorial Services (5 Buildings—Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW) & Randolph Artworks Studio) beginning July 1, 2009, through June 30, 2010; and

WHEREAS, in the past this contract was awarded through the normal bid process and the lowest bidders are always unsatisfactory; and

WHEREAS, NJSA 40A:11-5.1(n) states the doing of any work by handicapped persons employed by a sheltered workshop is an exception to the bidding process and may be negotiated and awarded by the governing body without public advertising for bids and bidding and therefore shall be awarded by resolution of the governing body; and

WHEREAS, Employment Horizons, Cedar Knolls, New Jersey, is a company who provides jobs for people with special needs and will provide this service according to our specifications for a total of $39,880.00.

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 Employment Horizons, Cedar Knolls, New Jersey, for contract period July 1, 2009, through June 30, 2010.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 4, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2009 Budget, Building and Grounds, Other Expense, and that funds will be available in the 2010 Budget, Building and Grounds, Other Expense, to award a contract to Employment Horizons for Janitorial Services for the Township of Randolph beginning July 1, 2009—June 30, 2010, totaling $39,880.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Rejection of All Bids for 2009 New/Unused GMC C-Series Model #TC5C044 4WD Regular Cab/Chassis or Equivalent to be Re-Bid or Awarded Through the MCCPC

R-183-09

WHEREAS, bids were opened on April 21, 2009, for a 2009 New/Unused GMC C-Series Model #TC5C044 4WD regular cab/chassis or equivalent; and

WHEREAS, one bid was received but the low bidder, Beyer Bros. Corp., Fairview, New Jersey, exceeded our anticipated budget; and

WHEREAS, the bid must be rejected and the project re-bid or awarded through the MCCPC.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the bid is rejected and the project be re-bid or awarded through the MCCPC.

D. Authorize Award of Contract for the Purchase and Installation of Overhead Doors at the Department of Public Works Facility—Capozzi Overhead Doors—$30,888.00

R-184-09

WHEREAS, the Township wishes to award a contract for the purchase and installation of overhead doors and draw bar operators with radio control and photo cells; and

WHEREAS, bids were received on May 12, 2009, in accordance with the Local Public Contracts Law; and

WHEREAS, funds are available for this purpose; and

WHEREAS, four bids were received and the low bidder, Hunterdon & Warren Overhead Doors, did not include their Consent of Surety and Acknowledgment of Revisions and Notices and must be rejected; the second low bidder, Morris County Overhead Door, also neglected to include their Consent of Surety; and

WHEREAS, Capozzi Overhead Doors, Inc., Nutley, New Jersey, was the low bidder meeting all the specifications at a total contract price of $2,795.00 per door and $1,066.00 per Draw-Bar Operator.

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 Capozzi Overhead Doors, Inc., Nutley, New Jersey, not to exceed $30,888.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 4, 2009

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2009 Budget, Building and Grounds, Other Expense; Water and Sewer, Other Expense, and Ordinance #12-06, Various Capital Improvements, to award a contract to Capozzi Overhead Doors for the Purchase and Installation of Overhead Doors at the Department of Public Works Facility in the amount not to exceed $30,888.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Rejection of All Bids for Electrical Services in Order to Revise the Specifications

R-185-09

WHEREAS, ten bids were received on April 28, 2009, for Electrical Services; and

WHEREAS, ten bids were received and, after reviewing all bids, the Township has decided to reject all bids based on 40A:11-13.2(d) to substantially revise the specifications; and

WHEREAS, all bids must be rejected and the Township will obtain quotes for electrical services as needed.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids be rejected.

F. Authorize 2010 NJ DOT Discretionary Aid Application—South Road

R-186-09

WHEREAS, the Township of Randolph has determined that South Road is in need of milling and resurfacing; and

WHEREAS, the NJ DOT has grant funds available for projects of this nature.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2010 Randolph Township 00486 to the New Jersey Department of Transportation on behalf of the Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

G. Authorize 2010 NJ DOT Discretionary Aid Application—Quaker Church Road

R-187-09

WHEREAS, the Township has determined that Quaker Church Road is in need of resurfacing; and

WHEREAS, the NJ DOT has grant funds available for projects of this nature.

NOW, THEREFORE, BE IT RESOLVED that the Council of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2010 Randolph Township 00456 to the New Jersey Department of Transportation on behalf of the Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

H. Liquor License Renewals for the 2009-2010 Season

R-188-09

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 2009-2010 season commencing July 1, 2009 and ending June 30, 2010 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.

I. Authorizing Membership in the New Jersey Sustainable Energy Joint Meeting

R-189-09

WHEREAS, the Township of Randolph wishes to join with other municipalities in order to form a Sustainable Energy Joint Meeting for the purpose of purchasing energy.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that authorization has been given for membership in the New Jersey Sustainable Energy Joint Meeting.

J. Raffles

(1) Off-Premise 50/50, Friends of Randolph Football, November 13, 2009, 4:00 p.m., at the Meadow Wood Manor

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, asked if there is a date to begin the reconstruction of Carrell Road.

Manager Lovell suggested Mr. McConnell contact Bill Kerwick, the Director of Public Works, for an approximate date of when reconstruction will begin.

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

COUNCIL AND MANAGER COMMENTS

Councilwoman Price stated that the Parade Committee will be sending letters to local businesses soliciting additional funds for the parade. She asked for a headcount of dignitaries who will need cars for the parade on July 3.

Council indicated five members will need cars that day.

Councilman Algeier encouraged everyone to stop at the art exhibit to view the excellent works on display.

ADJOURNMENT

Councilwoman Mitsch made a motion to adjourn the meeting at 8:10 p.m. Deputy Mayor Alpert seconded the motion, and the voice vote was unanimous.

_____________________________
Donna Marie Luciani
Township Clerk