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

Minutes: March 6, 2008

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Napoliello. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on December 11, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

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

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

Mayor Napoliello led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that, in an effort to be more “green”, she drafted phrasing she would like to see included in Randolph’s land use ordinances: “On non-residential property, lawn will not be permitted unless a recreational purpose is claimed and approved. Trees, bushes, and ground cover will be the preferred landscaping, in that order. Pervious paving, where feasible, will be preferred over impervious. Solar installations are encouraged, and roofs should be built to accommodate solar wherever possible.”

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski reported that there will be a meeting at the Police and Fire Academy on Hanover Avenue with the Director of the Academy, township employees, and other interested parties to discuss the upcoming program for the driver simulator.

Councilman Algeier thanked everybody for their well-wishes following his surgery.

Mayor Napoliello expressed his thanks for the flowers and cards following his mother-in-law’s passing.

Manager Lovell reported that he and Mayor Napoliello read to students at Center Grove School. He also reported that the reduction in state aid this year will amount to approximately $260,000.00, which works out to almost a full penny on the tax rate. The Manager and the staff are looking at the budget for further reductions in order to remain at the proposed 3.9 cent tax increase. The March 20 council meeting will begin at 7:00 p.m. for the presentation of the Board of Education’s budget, and then follow with an evening dedicated to the municipal budget. There will be a presentation from the Highlands on March 25 at 7:00 p.m., and a seminar regarding COAH, conducted by Ed Buzak and Bob Michaels, on April 17 at 7:00 p.m.

Councilman Algeier distributed a list of the announced budget cuts for the municipalities in Morris County. He asked the Manager to provide a similar list of Essex, Union, and Middlesex counties in order to compare towns similar to Randolph. The Councilman expressed his belief that these cuts do not represent cuts in the state budget but are instead the shifting of state government obligations to the local government without affording the local government revenue opportunities. Councilman Algeier also distributed a copy of an editorial from the Wall Street Journal which listed New Jersey as 49th out of 50 states with the highest tax levels. The Councilman pointed out that when he was first elected, New Jersey enjoyed a AAA bond rating, however that has now slipped to AA-, which is lower than Randolph’s bond rating.

Councilman Alpert stated that, although nobody wants to pay more taxes, municipalities are being penalized because of the mismanagement and misdeeds in Trenton.

Mayor Napoliello noted that people, as well as small and mid-sized businesses, are moving out of New Jersey in record numbers.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #02-08—To Exceed the Municipal Budget Appropriation Limits and Establish a Cap Bank

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2008 ORDINANCE TO EXCEED THE MUNICIPAL CAP APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance should be tabled until the hearing for the municipal budget is held in May.

Councilman Algeier made a motion to table Ordinance #02-08 until May 1, 2008 and to carry the public hearing, which was supposed to be tonight on this ordinance, to that same date. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Ordinance #03-08—Re-Establishing Chapter 39—Property Maintenance Code

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-ADOPTING CHAPTER 39, PROPERTY MAINTENANCE CODE, 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 noted that this ordinance deals with the exterior maintenance conditions to properties within Randolph Township. This ordinance carries an expiration date of December 31, 2011.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-ADOPTING CHAPTER 39, PROPERTY MAINTENANCE CODE, 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 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 Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

B. Introduction

Manager Lovell noted that the first ordinance appearing on the agenda dealing with an amendment to the land use ordinance concerning recycling and solid waste for commercial properties will not be introduced until April 3.

Councilman Algeier stated that he read the proposed ordinance and doesn’t believe the subdivision aspect is relevant to Randolph.

Manager Lovell responded that the staff will go through the proposed ordinance and make changes to it so that it makes sense for all aspects.

(1) Amend and Supplement Chapter 42, Solid Waste Management (Recycling Compliance With County)

Manager Lovell stated that this ordinance is required to bring Randolph into compliance with the county recycling plan. The modifications are very minor. He also noted that the ordinance was received very late in the day and placed on the agenda.

Mark Caputo, Randolph’s Health Officer and Recycling Coordinator, noted that there is a deadline of April 10 for Morris County municipalities to adopt the ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 42, SOLID WASTE MANAGEMENT, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 3rd of April, 2008, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

AYES:
Councilman Obremski
Councilwoman Price

NAYS:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Deputy Mayor Metz
Mayor Napoliello

Councilman Algeier stated during his vote that he did not care for aspects of the ordinance as written, such as a $400.00 charge to residents if they fail to remove grass clippings from the curb and the town picked up those clippings.

Manager Lovell suggested putting the ordinance on a work session agenda to give the council a chance to review it and compare it to the current ordinance.

Councilman Algeier stated that he believes Randolph to be an autonomous municipality and asked if the county has jurisdiction over Randolph for recycling.

Mr. Caputo responded that the DEP has requested specific things of the county in terms of recycling. The county is therefore passing those requests to the municipalities, however ultimately the decision rests with the council.

Deputy Mayor Metz noted that since he reviewed the agenda and documentation two days ago, several new items have appeared that he did not have time to adequately review. He suggested a deadline be imposed for putting new items on the agenda in the future.

Manager Lovell stated that he ideally would like that deadline to be Friday afternoon and he and the staff will work towards that goal.

Councilman Alpert asked what will happen if Randolph does not comply with the April 10 deadline.

Mr. Caputo responded that it is his sense that it is a soft deadline in which few of the municipalities will be able to comply.

(2) Authorizing Acceptance of a Deed of a Road Dedication From Richter Street

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DEED OF ROAD DEDICATION FROM RICHTER STREET PROPERTY, LLC, ACROSS A PORTION OF LOT 24 IN BLOCK 201 IN THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

RECUSED: Councilman Algeier

(3) Amending Appendix A Fee Schedule and Article II Rules and Regulations Regarding Permitting Fees at Parks

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 34-36 AND APPENDIX A OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REGULATE THE USE OF PICNIC PAVILIONS, PARK AREAS AND RECREATION AREAS AND TO ESTABLISH A FEE FOR THE WEEKDAY USE OF PICNIC PAVILIONS” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

(4) Re-Zone Certain Properties and Amend Land Use Ordinance

Manager Lovell stated that last year the PO/R zone was amended where a number of properties were placed in a R/PO zone. Following the adoption of that ordinance, litigation was brought by a developer with an application to build a day care center. This proposed ordinance will settle the litigation issues between the township and the developer and the Manager encouraged the Council to support it.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND USE DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO REZONE BLOCK 76, LOTS 7 AND 8, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE R/PO RESIDENTIAL AND PROFESSIONAL OFFICE DISTRICT TO THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT, TO INCREASE THE FLOOR AREA RATIOS IN THE B-1 NEIGHBORHOOD BUSINESS DISTRICT AND IN THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT, AND TO DELETE THE MAXIMUM STRUCTURE SIZE RESTRICTION IN THE PO/R PROFESSIONAL OFFICE AND RESIDENTIAL DISTRICT” be introduced, read by title by the Township Clerk and passed on first reading.

Councilwoman 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 Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

The Manager stated that he believes the neighbors will be concerned when they receive their notice of a public hearing and suggested having Robert Michaels and Darren Carney in attendance that evening to explain the ordinance and answer questions on its impact.

(5) Amend Bond Ordinance #22-06—Acquisition for Land for Open Space—Appropriating $3,300,000.00

Manager Lovell noted that several open space acquisitions are due to close in the next several weeks. This amendment is necessary in order to set more dollars aside for those acquisitions. An additional appropriation will be set aside for future open space acquisitions anticipated within the next 12 to 24 months.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE OF THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, AMENDING THE DESCRIPTION OF THE IMPROVEMENT REFERRED TO IN BOND ORDINANCE NUMBERED 22-06 FINALLY ADOPTED SEPTEMBER 7, 2006, AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $3,300,000.00 AND AUTHORIZING THE ISSUANCE OF $3,130,000.00 BOND OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

(6) Amend Land Use Ordinance—Parking Standards for Non-Residential Properties

Manager Lovell stated that this amendment has been recommended by the Planning Board and will bring the ordinance more in line with general standards employed throughout the industry for parking requirements.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE SUPPLEMENTING AND AMENDING SECTIONS 15-2.2 AND 15-50.2 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF DEFINITIONS FOR CERTAIN NON-RESIDENTIAL LAND USES AND BY ADJUSTING THE OFF-STREET PARKING REQUIREMENTS FOR NON-RESIDENTIAL LAND USES” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Algeier suggested an amendment to the GFA for medical and small retail offices.

Manager Lovell stated that he would amend the ordinance as suggested by Councilman Algeier.

Councilwoman 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 Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

COMBINED ACTION RESOLUTIONS

Councilman Obremski asked that Item D be pulled.

Councilwoman Mitsch made a motion to approve the Combined Action items with the exception of Item D. Councilman Algeier seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of Sewer Account for Block 184, Lot 10.17, To Imma Aperuta at 1017 Wendover Court—$586.00

R-91-08

WHEREAS, Imma Aperuta, 1017 Wendover Court, Block 184, Lot 10.17, purchased her home on August 21, 2001; and

WHEREAS, the property was billed for sewer from 2001 to 2007 as a two bedroom condominium unit and should have been billed as a one bedroom unit; and

WHEREAS, based on the correct billing, Ms. Aperuta has overpaid her sewer account by $700.00; and

WHEREAS, Ms. Aperuta has requested that she be refunded the $700.00 less the first quarter 2008 billing of $114.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $586.00 to Imma Aperuta, 1017 Wendover Court, Randolph, NJ 07869.

(2) Reduction in Assessed Valuation for 2007 Taxes on Block 112, Lot 17.07, to Gary Vega—$2,719.50

R-92-08

WHEREAS, Gary Vega has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 112, Lot 17.07, known as 12 Blue Bird Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $2,719.50; 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 $2,719.50 to Gary Vega.

(3) Reduction in Assessed Valuation for 2007 Taxes on Block 119, Lot 46.09, to Ming-Yi Hu—$2,766.54

R-93-08

WHEREAS, Ming-Yi Hu has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 199, Lot 46.09, known as 1 Poplar Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2007 in the amount of $2,766.54; 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 $2,766.54 to Ming-Yi Hu.

(4) Release Road Opening Cash Bond for Water System at 119 South Road, Block 35, Lot 42, to Richard and Kathleen Gervasio—$300.00

R-94-08

WHEREAS, the Engineering Department has received a request from Richard Gervasio for the release of a $300.00 road opening cash bond posted for the connection to the municipal water system at 119 South Road, Block 35, Lot 42; and

WHEREAS, the Road Opening Cash Bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on July 20, 2007; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the installation to the water system 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 Steve Bury, Township Engineer, that the Road Opening Cash Bond in the amount of $300.00 be refunded to Richard and Kathleen Gervasio, 119 South Road, Mendham, NJ 07945.

(5) Release Road Opening Cash Bond for Water System at 45 Carrell Road, Block 83.12, Lot 12 to James McConnell—$300.00

R-95-08

WHEREAS, the Engineering Department has received a request from James McConnell, Jr. for the release of a $300.00 road opening cash bond posted for the connection to the municipal water system at 45 Carrell Road, Block 83.12, Lot 12; and

WHEREAS, the Road Opening Cash Bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on July 17, 2007; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the installation to the water system 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 Steve Bury, Township Engineer, that the Road Opening Cash Bond in the amount of $300.00 be refunded to James McConnell, Jr., 45 Carrell Road, Randolph, NJ 07869.

(6) Release Road Opening Cash Bond for Sewer System at 29 Lake Shore Drive South, Block 160, Lot 56 to Warren Polansky—$300.00

R-96-08

WHEREAS, the Engineering Department has received a request from Warren Polansky for the release of a $300.00 road opening cash bond posted for the connection to the municipal sewer system at 29 Lake Shore Drive South, Block 160, Lot 56; and

WHEREAS, the Road Opening Cash Bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on September 10, 2007; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the installation to the sewer system 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 Steve Bury, Township Engineer, that the Road Opening Cash Bond in the amount of $300.00 be refunded to Warren Polansky, 64 Autumn Ridge Road, Morris Plains, NJ 07950.

B. Authorizing Richter Street Property to Exceed the Residential Site Improvement Standards for a Subdivision of Lots 22, 23, 24 and 25 in Block 201

R-97-08

WHEREAS, the Randolph Township Planning Board, at their regular meeting of February 5, 2007, approved Resolution No. SD1406 authorizing the subdivision of Block 201, Lots 22, 23, 24 and 25; and

WHEREAS, the Resolution of approval provided that the applicant construct a cul-de-sac with an inner radius of 40 feet and a right-of-way line 10 feet beyond the edge of the cartway, instead of the 8 feet required by the Residential Site Improvement Standards (RSIS); and

WHEREAS, pursuant to N.J.A.C. 5:21-3.6, such agreements to exceed the RSIS standards must be made between the developer and the municipality; and

WHEREAS, the Township wishes to authorize Richter Street Property, LLC, to exceed the RSIS standards in accordance with the above-referenced subdivision approval.

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

1. Richter Street Property, LLC, is hereby authorized to exceed the Residential Site Improvement Standards by constructing a cul-de-sac with an inner radius of 40 feet and a right-of-way line 10 feet beyond the edge of the cartway, instead of the 8 feet required in the Residential Site Improvement Standards.

2. A certified copy of this resolution shall be provided to the Township Engineer and Ronald S.Heymann, Esq., the attorney for Richter Street Property, LLC.

3. This Resolution shall take effect immediately.

C. Budget Transfers—2007 Appropriation Reserves

R-98-08

WHEREAS, various 2007 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 2007 Budget Appropriation Reserve in the last two months of 2007; and

WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts, incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, that the transfers in the amount of $43,000.00 are made between the 2007 Budget Appropriation Reserves:

From	Amount	To	Amount
Water & Sewer, OE	$2,000.00	Water & Sewer, Electricity	$2,000.00
Tax Assessing, OE	$11,000.00	Utilities—Gasoline	$11,000.00
Fire, S & W	$5,000.00	LOSAP	$18,000.00
Police, S & W	$13,000.00
Police, S & W	$12,000.00	Police, OE	$12,000.00
Total	$43,000.00	Total	$43,000.00

D. Dedication by Rider—Traffic Advisory Committee

Pulled from agenda

E. Dedication by Rider—Park Benches/Trails

R-99-08

WHEREAS, the State of New Jersey, Department of Community Affairs, promulgation regulations under N.J.S.A. 40A:5-29 for donations for Park Benches and Trails; and

WHEREAS, the funds received in this account are to be used strictly for purchase of park benches and upgrade to trails; and

WHEREAS, such donations for the park benches and trails are to be accounted for in the General Trust Fund of the Township of Randolph.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the donations for the Park Benches and Trails be placed in the Township’s General Trust Fund and be considered a “Dedication by Rider” to the 2008 Budget of the Township of Randolph per N.J.S.A. 40A:5-29 for the sole purpose stated above.

F. Dedication by Rider—Campership

R-100-08

WHEREAS, the State of New Jersey, Department of Community Affairs, promulgation regulations under N.J.S.A. 40A:5-29 for donations for Campership; and

WHEREAS, the funds received in this account are to be used strictly to help needy families cover the cost of the Randolph Township Day Camp; and

WHEREAS, such donations for the campership are to be accounted for in the General Trust Fund of the Township of Randolph.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the donations for the Campership be placed in the Township’s General Trust Fund and be considered a “Dedication by Rider” to the 2008 Budget of the Township of Randolph per N.J.S.A. 40A:5-29 for the sole purpose stated above.

G. Approving 2008 Temporary Capital Budget Amendment—Ordinance #22-06 for the Acquisition of Open Space

R-101-08

WHEREAS, the Township of Randolph, County of Morris, State of New Jersey, desires to constitute the 2008 Temporary Capital Budget.

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

SECTION 1: The 2007 Temporary Capital Budget of the Township of Randolph is hereby constituted by the adoption of a schedule to read as follows:

No. 1
Temporary Capital Budget of the Township of Randolph
County of Morris, New Jersey

Purpose	Est. Cost	General Bonds	Open Space Dedicated Trust
Amend Ord. #22-06 Acquisition of Land For Open Space	$3,300,000	$3,130,000	$170,000

BE IT FURTHER RESOLVED that two certified copies of this Resolution be filed with the Division of Local Government Services.

H. Authorizing Professional Services Agreement with Richard DeAngelis For the Purpose of Supplying Special Counsel Services in Real Property Tax Appeal Litigation

R-102-08

WHEREAS, the Township of Randolph has a need to acquire Special Counsel for real property tax appeal litigation as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

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

WHEREAS, Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP, has indicated they will provide services for an amount of $27,000.00. In the event of a trial, fee will be $600.00 per day for trial appearances; and

WHEREAS, Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP, has completed and submitted a Business Entity Disclosure Certification which certifies that Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP, has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP, from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP, as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 6, 2008

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 2008 Budget, Legal, Other Expense, to award a contract to Richard P. DeAngelis, Jr., Esq., and the Law Offices of Stryker, Tamms & Dill, LLP, to provide Special Counsel for Real Property Tax Appeal Litigation in the amount not to exceed $27,000.00, plus $600.00 per day for trial appearances.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Authorizing Professional Services Agreement with Andrew J. Blair to Serve as the Alternate Public Defender for an Amount Not to Exceed $2,500.00

R-103-08

WHEREAS, the Township of Randolph has a need to acquire Andrew J. Blair, Counselor at Law, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

WHEREAS, Andrew J. Blair, Counselor at Law, has indicated he will provide the Alternate Public Defender Services for an amount not to exceed $2,500.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Andrew J. Blair, Counselor at Law, as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 6, 2008

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 General Trust Fund—Public Defender, to award a contract to Andrew Blair, Counselor at Law, to provide Alternate Public Defender Services in the amount not to exceed $2,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

J. Authorizing Purchases from New Jersey State Contract #T0640 Using Various Vendors as Needed

R-104-08

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0640 for Fence, Chain Link, from various vendors; and

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

WHEREAS, these purchases will not exceed $25,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from New Jersey State Contract #T0640 using various vendors as needed for all departments in the Township.

K. Authorizing Purchases From MCCPC Contract #20A and #20B Sporting Goods and Equipment as Needed—Not to Exceed $275,000.00

R-105-08

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

WHEREAS, these purchases will not exceed $275,000.00.

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

L. Authorizing Purchases From MCCPC Contract #42 Landscaping Materials as Needed From Various Vendors as Needed—Not to Exceed $31,000.00

R-106-08

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

WHEREAS, these purchases will not exceed $31,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Morris County Cooperative Pricing Council Contract #42, Landscaping Materials, from various vendors as needed for all departments in the Township.

M. Authorizing the Award of New Contract and Re-Bids on Behalf of the MCCPC for Purchases and Services on an As-Needed Basis

R-107-08

WHEREAS, the Township of Randolph authorizes an award of new contracts and re-bids received on February 14, 2008, on behalf of the Morris County Cooperative Pricing Council (MCCPC) as noted:

CONTRACT #9: CRUSHED STONE, GRAVEL & SAND (RE-BID)

Category I (Subcategory A: Stone)—Picked Up by Members, Loaded by Bidder
Category II (Subcategory A: Stone)—Delivered

Award the above two categories/subcategories (for districts 1, 2 & 3) to Tilcon New York who provided the low bid in compliance with the bid specifications.

Categories I and II (Subcategories B: Gravel & C: Stone)—No bids received. The MCCPC members are requested to get quotes on their own if they wish to purchase these supplies.

CONTRACT #15-E: HYBRID VEHICLES, 2008 MODELS OR NEWER (NEW CONTRACT)

Warnock Fleet submitted the low bid for the two (2) types of hybrid vehicles. Award to Warnock Fleet for the Ford Escape, 2009 Hybrid Vehicles (2 WD and 4 WD).

CONTRACT #26: BEAM GUIDE RAIL & SAFETY ENDS (RE-BID)

Award entire contract to M.L. Ruberton Construction Company for submitting the low total bid.

CONTRACT #30: OFFICE PAPER SUPPLIES (RE-BID)

Items #11, 13 and 17—Award to CMF Business Products for providing the low bid in compliance with the bid specifications.

For Items #18 and #20, there were no bids. For Item #19, there was only one bidder (Paper Mart) who did not comply with the bid specifications, therefore, their bid is rejected and no award is recommended for #19. MCCPC members are requested to get quotes on their own for Items #18, 19 and 20.

CONTRACT #53: FENCING MATERIALS & SUPPLIES (RE-BID)

Category A: Purchase and Installation—Award to General Manufacturing Company for submitting the low total bid.

Category B: Purchase Only, No Installation (Pick-Up Only)—Award to Statewide Fence for submitting the low total bid.

WHEREAS, bids have been advertised and received on February 14, 2008, on behalf of the Morris County Cooperative Pricing Council (MCCPC) in accordance with the “Local Public Contracts Law” for the contracts noted above; and

WHEREAS, the Township of Randolph has determined that the vendors listed above are the lowest responsible bidders meeting the specifications and requirements for each contract and should be awarded as noted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded as indicated for each individual contract as noted.

N. Authorizing Purchases From State Contract #M0483 for Various Vendors as Needed for all Departments in the Township—Not to Exceed $85,000.00

R-108-08

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #M0483 for WSCA Computer Contract from various vendors; and

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

WHEREAS, these purchases will not exceed $85,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from New Jersey State Contract #M0483 using various vendors as needed for all departments in the Township.

O. Assignment/Takeover of New Contractor in the Award of a Portion of MCCPC Contracts #13A Fire Equipment and #40 Personal Protection Items

R-109-08

WHEREAS, on June 28, 2007, the Randolph Township Council awarded a contract on behalf of the Morris County Cooperative Pricing Council to Community Fire Equipment of Vernon, New Jersey, for portions of Contract #13-A (Fire Equipment Services) and Contract #40 (Personal Protection Items & Equipment for Emergency Personnel); and

WHEREAS, notice has been received that Community Fire Equipment was sold to another company (A&M Industrial Supply of Rahway, New Jersey); and

WHEREAS, A&M Industrial Supply has agreed to take over a portion of Contract #13-A and all items in Contract #40 that were originally awarded to Community Fire Equipment for the duration of the contract periods noted below:

CONTRACT #13-A (FIRE EQUIPMENT SERVICES)
(Contract Period: 2 Years: July 1, 2007 - June 30, 2009)

Category 5: Refilling of Cylinders (Pure Breathing Air—For “MSA” Brand Air Cylinders Only), Items #a and #b.

Category 8: Air Masks (Inspection & Testing), Item #b.

CONTRACT #40 (PERSONAL PROTECTION ITEMS & EQUIPMENT FOR EMERGENCY PERSONNEL
(Contract Period: 1 Year: July 1, 2007 - June 30, 2008)

Category A: Personal Protection Items, Items #17, 27, 29, 36 and 51.

Category B: Equipment for Emergency Personnel, Items #41, 43, 53, and 76.

WHEREAS, the items noted below not being accepted by A&M Industrial Supply under Contract #13-A (Fire Equipment Services) will remain un-awarded and the MCCPC membership must get quotations on their own for the remainder of the contract period.

Category I: Refilling of Fire Extinguishers, Items #j and n(1) and n(2)

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorizes the re-assignment of portions of Contract #13-A and all items in Contract #40 noted herein.

P. Rescission and Re-Awarding of Contracts #11 and #28 Regarding Motor Oil and Sign Materials

R-110-08

(1) WHEREAS, the Township of Randolph, on behalf of the Morris County Cooperative Pricing Council, awarded a portion of Contract #11 (Motor Oils) which included Categories N and P on January 17, 2008, to New Jersey Lube Oil; and

WHEREAS, the award for Categories N and P are not being accepted by New Jersey Lube Oil due to increases in the cost of motor oils since the bids were received in October 2007; and

WHEREAS, it is in the MCCPC’s interest to rescind a portion of New Jersey Lube Oil’s initial contract award for Categories N and P for failure to honor the bid prices and the execution of the contract as originally awarded.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that a portion of New Jersey Lube Oil’s award for Categories N and P of Contract #11 (Motor Oils) be rescinded.

(2) WHEREAS, the second low bidder (David Weber Oil Company) has agreed to take over Categories N and P of Contract #11 (Motor Oils) at the original bid prices submitted in October 2007; and

WHEREAS, it is in the MCCPC’s interest to re-award Categories N and P of Contract #11 (Motor Oils) to David Weber for the remainder of the contract period.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Categories N and P of Contract #11 (Motor Oils) be re-awarded to David Weber Oil Company.

(3) WHEREAS, the Township, on behalf of the Morris County Cooperative Pricing Council, awarded a portion of Contract #28 (Sign Materials) which included Category F on January 17, 2008, to Custom Products Corporation; and

WHEREAS, the award for Category F is not being accepted by Custom Products Corporation due to their incorrect pricing in their bid; and

WHEREAS, it is in the MCCPC’s interest to rescind a portion of Custom Products Corporation’s award for Category F for failure to honor the bid prices and the execution of the contract as originally awarded.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a portion of Custom Products Corporation’s award for Category F of Contract #28 (Sign Materials) be rescinded.

(4) WHEREAS, the second low bidder (Atlas Flasher & Supply Company) has agreed to take over Category F of Contract #28 (Sign Materials) at the original bid prices submitted in October 2007; and

WHEREAS, it is in the MCCPC’s interest to re-award Category F of Contract #28 (Sign Materials) to Atlas Flasher & Supply Company for the remainder of the contract period.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Category F of Contract #28 (Sign Materials) be re-awarded to Atlas Flasher & Supply Company.

Q. Approve Kennel License—11th Hour Rescue for Hollabird Kennel Site

R-111-08

WHEREAS, 11th Hour Rescue has requested permission to open a shelter facility at the former Hollabird Kennel located on Route 10 West, Randolph, NJ; and

WHEREAS, 11th Hour Rescue has provided to the Randolph Department of Health an application entitled “Randolph Township/Rockaway Borough Animal Holding Facility License”; and

WHEREAS, a review has been conducted by Health Officer and Director Mark Caputo; and

WHEREAS, Mr. Caputo recommends that the license be approved subject to the below stated conditions being met:

1. The applicant shall provide a written disease control management plan, approved by the supervising veterinarian and in compliance with NJAC 8:23A 1-0. Said plan must include, but not be limited to:

a. Quarantine and isolation policy
b. Dog transportation policy (see NJAC 8:23A-1.12 and NJAC 8:23-1.3)
c. Dog importation policy (see NJAC 23-1.1)

2. Construction of an isolation area designed to hold a minimum of 4 to 6 dogs equipped with separate ventilation as stated in NJAC 8:23A-1.9 (g&h)

and

WHEREAS, Attorney Richard Sweeney has agreed, on behalf of his client, 11th Hour Rescue, to comply with the above.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in the County of Morris, New Jersey, on the 6th day of March, 2008, that approval is granted for the issuance of an Animal Holding Facility License for the 11th Hour Rescue in accordance with the agreed upon condition as stated above.

R. Raffles

(1) Off-Premise Car Raffle, St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph, July 6, 2008, at 12:30 p.m.

(2) Off-Premise 50/50, Fernbrook School PTA, May 16, 2008, at The Randolph High School, 507 Millbrook Avenue, Randolph, 6:00 p.m. to 11:00 p.m.

(3) On-Premise Tricky Tray, Fernbrook School PTA, May 16, 2008, At the Randolph High School, 507 Millbrook Avenue, Randolph, 6:00 p.m. to 11:00 p.m.

(4) On-Premise Merchandise Raffle, Fernbrook School PTA, May 16, 2008, at the Randolph High School, 507 Millbrook Avenue, Randolph, 6:00 p.m. to 11:00 p.m.

(5) Bingo, Fernbrook School PTA, May 16, 2008, at the Randolph High School, 507 Millbrook Avenue, Randolph, 6:00 p.m. to 11:00 p.m.

(6) On-Premise Tricky Tray, Mental Health Association of Morris County, June 2, 2008, at the Meadow Wood Manor, 461 Route 10 East, Randolph, 5:30 p.m. to 9:00 p.m.

(7) Off-Premise 50/50, Mental Health Association of Morris County, June 2, 2008, at the Meadow Wood Manor, 461 Route 10 East, Randolph, 5:30 p.m. to 9:00 p.m.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, spoke about the funds received from the state for the schools. She noted that she believes the council does a good job keeping municipal taxes under control and she respects the Manager for his efforts in that regard. Mrs. Stewart encouraged the council to support the school budget when it is presented.

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

COUNCIL AND MANAGER COMMENTS

Councilman Alpert reiterated his belief that municipalities are being penalized for the mismanagement that has occurred in Trenton. He believes the Council has done a good job trying to maintain the tax rate.

Mayor Napoliello stated that he agrees with Councilman Alpert. He believes this year will be his most difficult in approving the budget since he started on the council.

Manager Lovell noted that the Assistant Manager has sent the council an email showing the state cuts for municipalities in the other counties that were requested earlier. The Manager cited an editorial talking about the efficiency of small government versus the inefficiency of large government.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Deputy Mayor Metz made a motion to adjourn the meeting. Councilman Obremski seconded the motion.

The Mayor adjourned the meeting at 9:10 p.m.

Donna Marie Luciani
Township Clerk