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Township Council » Meetings » Minutes: May 29, 2008

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

Minutes: May 29, 2008

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

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

ABSENT: Mayor Napoliello

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

Deputy Mayor Metz led the Pledge of Allegiance.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Alpert attended the VFW Memorial Day Service and reported that it was very well put together and nicely attended.

Councilman Obremski attended the annual Bench Dedication held by the Parks Department. Two benches, overlooking the little league baseball field, were dedicated to two individuals that had been involved in the Randolph Little League program.

Councilwoman Price reported that the student liaison for the Board of Health will be leaving for college so they are in the process of looking for a new student liaison. The Freedom Festival Parade will be held on July 5 at 12:00 noon. The Economic Development Committee is requesting a member of the township administration be appointed as a liaison to their committee in hopes of improving business relations in the township. The EDC is also requesting that $2,500.00 be reinstated to their budget in order to hold the annual awards banquet.

Manager Lovell noted that he will determine an appropriate township administrator to act as liaison to the EDC.

Councilwoman Mitsch noted that the Bench Dedication Program was developed by the Parks Committee a few years ago and that it is a lovely way for residents to honor or pay tribute to someone.

Councilman Algeier reported on an application approved by the Planning Board for the Aashirwad Palace.

Deputy Mayor Metz reported that the Municipal Alliance Committee is pursuing grants for speakers at the high school for 2009. Jessie’s Journey, a program presented at the high school, received good publicity in the press. Pink’s Pharmacy is undertaking a program to assist residents in disposing of old medications. The Deputy Mayor attended the Landmarks Committee meeting and asked about their opposition to sidewalks in the proposed Grecco shopping center area as indicated in their letter to the council. Since some members had not seen the letter before it was sent to the council, they will review the letter and report to him at their next meeting. Deputy Mayor Metz and Manager Lovell met with Greg Mark, the President of the Board of Education. Mr. Mark indicated he would like to meet with the township more frequently than has been done in the past. Mr. Mark also brought up concerns with the simulator program for the driver education curriculum and the logistics of transporting students to the location.

Councilman Obremski responded that the simulator program will most likely not be part of the school’s curriculum but instead be absorbed into the Community School programs as an extra service.

Manager Lovell reported that the Mayor and he attended the Rotary’s awards dinner where Sgt. Yarzab received recognition for his efforts in the “Alive at 25” teen driver safety program and Lee Whilden was presented with a Lifetime Achievement Award. The Manager suggested canceling the June 19, 2008, meeting and noted that the council will soon be heading into the summer schedule for meetings.

Councilwoman Mitsch made a motion to cancel the June 19, 2008 council meeting. Councilman Alpert 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

NAYS: None

ABSENT: Mayor Napoliello

Manager Lovell reported that it will soon be time to begin assessing the properties impacted by the Shongum Lake dam replacement project and outlined what steps will be taken to accomplish this undertaking, including:

  • There will be a hearing on the assessments July 17 at 7:00 p.m. at Town Hall
  • Recommendations from that meeting will be forwarded to the Town Council
  • There will be a public hearing on the assessments on September 4
  • There are currently 779 properties impacted by the assessment
  • Total value of the project is just below $1.6 million, or about $112.00 per home owner with deeded lake rights
  • The Manager will develop a Q&A that will be sent out along with the notices

The Manager reported that there was a fire at a barn building at Hidden Valley Park, leaving the barn badly damaged. There is insurance on the building, which will assist in the cost of razing the structure. At this time, the origins of the fire are suspicious and the Manager has no details on the possible cause. The Liberty Tree in Randolph is in distress. The Manager will have it trimmed this year, however he has been advised that the tree is in decline. Although reluctant to remove the tree in the future, the Manager must balance community safety issues against the historic issue associated with the tree. There is a scheduled mediation meeting next week with an FOP bargaining group and the Manager hopes to report a successful outcome after the conclusion of the meeting. Manager Lovell noted that the meeting with the Board of Education was very successful and covered many issues, including:

  • The School Board continues to be concerned with holding elections in the elementary schools
  • The School Board is interested in providing Town Hall with computer network maintenance services as an interlocal services agreement
  • An interlocal services agreement with Randolph Township to provide fuel for vehicles
  • Share in the cost of renovations to fuel system at the DPW center and future maintenance of system
  • Discussion regarding the Public Works maintenance building
  • Plans for an environmental center at a site on Mountainside have stalled due to budget constraints

INTRODUCTION OF TOWNSHIP ENGINEER—PAUL FERRIERO

Manager Lovell introduced Paul Ferriero to the Council and the public. He is the new part time engineering consultant working with the staff in Randolph Township to meet the demands of the community.

Mr. Ferriero thanked the Town Council for the appointment.

COMBINED ACTION RESOLUTIONS

Manager Lovell noted that one item dealing with a contract for catch basins is being protested. The issue has been reviewed extensively by the Township Attorney and it was determined that the bid presented by the protesting party did not meet the specifications, thus the bid was rejected.

Councilman Algeier suggested discussion the matter in Executive Session since he would like to hear more of the facts since Randolph acts as the lead agency for the Morris County Cooperative Pricing Council.

Councilwoman Mitsch made a motion to approve the combined action items with the exception of the resolution dealing with MCCPC Contract #14. 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

NAYS: None

ABSENT: Mayor Napoliello

A. Adopting the Revised Personnel Policies and Procedures Manual/Employee Handbook

R-156-08

WHEREAS, the Township of Randolph (“Township”) adopted a Personnel Policies and Procedures Manual and Employee Handbook in 1997 (“Manual/Handbook”); and

WHEREAS, the Township subsequently revised the 1997 Manual/Handbook in August of 1999, March of 2000, October of 2002, March of 2004, and March of 2006; and

WHEREAS, in the fall of 2007, the Municipal Excess Liability Joint Insurance Fund (“MEL”) forwarded revisions based on members’ suggestions, statutory changes, and court decisions; and

WHEREAS, these revisions needed to be reflected in the Township Manual/Handbook by April 30, 2008; and

WHEREAS, the Township desires to ensure that the Manual/Handbook accurately reflects the provisions established by the MEL.

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 of Randolph (“Township”) hereby formally adopts as its official Personnel Policies and Procedures Manual and Employee Handbook the manual and handbook entitled “Township of Randolph Personnel Policies and Procedures Manual and Employee Handbook”, latest revision April of 2008 (“2008 Manual/Handbook”).

2. A complete copy of the 2008 Manual/Handbook shall be kept on file and made available at the offices of the Township Clerk during regular business hours.

3. The 2008 Manual/Handbook shall supersede all previous versions of the same.

4. A complete copy of the 2008 Manual/Handbook has been distributed to all employees by the April 30, 2008 deadline.

5. This Resolution shall take effect immediately.

B. Authorizing Purchases From MCCPC Contract #15A—Police Pursuit Vehicles

R-157-08

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #15A Police Pursuit Vehicles; and

WHEREAS, the Police Department wishes to purchase Four (4) Ford Crown Victoria at $81,957.00, one (1) Ford Ranger 4WD at $16,400.00. Additional accessories will be purchased as approved; and

WHEREAS, these purchases will not exceed $112,000.00.

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 vehicles from Morris County Cooperative Pricing Council Contract #15A in an amount not to exceed $112,000.00.

C. Authorizing Purchases From MCCPC Contract #15C—Utility Vehicle

R-158-08

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #15C Utility Vehicles; and

WHEREAS, the Police Department wishes to purchase one (1) 2008 Ford Expedition at a cost of $24,825.00 plus additional accessories as approved; 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 vehicles from Morris County Cooperative Pricing Council Contract #15C in an amount not to exceed $31,000.00.

D. Authorizing Purchases From NJ State Contract #T0106 for Gun Leather From Lawmen Supply Company

R-159-08

WHEREAS, the Township of Randolph wishes to purchase gun leather from Lawmen Supply Company; and

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0106 for Police and Homeland Security Equipment and Supplies from various vendors; and

WHEREAS, a previous resolution was approved for an amount not to exceed $17,000.00 for general purchases and needs to increase that amount by $12,000.00 for this special purchase; and

WHEREAS, the combined purchases from Contract #T0106 will not exceed $29,000.00 without further approval.

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 gun leather from New Jersey State Contract #T0106 using Lawmen Supply Company.

E. Authorizing Paul Ferriero of Ferriero Engineering to Provide Consulting Engineering Services for $120.00 Per Hour, Not to Exceed $23,000.00

R-160-08

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

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

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

WHEREAS, Ferriero Engineering, Inc., has indicated they will provide the Consulting Engineer Services for $120.00 per hour not to exceed $23,000.00; and

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

WHEREAS, funds are available for this purpose.

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

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 29, 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, Engineering, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to Ferriero Engineering, Inc., for Consulting Engineer to Provide Staff Support in the amount not to exceed $23,000.00

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing Mayor to Sign Professional Services Agreement Between Randolph and “Designated Attorneys” for the Purpose of Providing the Defense of Civil Actions Against and the Indemnification of Public Employees of the Township in Accordance with Ordinance No. 24-07

R-161-08

WHEREAS, in the Township of Randolph there exists a need for the provision of professional legal services by a group of attorneys (the “Designated Attorneys”) at the Township of Randolph as directed by Ordinance No. 24-07 entitled “An Ordinance to Provide for the Defense of Civil Actions Against and the Indemnification of Public Employees of the Township of Randolph” (the “Ordinance”) which was adopted by the Mayor and Council of the Township on August 7, 2007, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

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

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

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5, et seq.) requires that the resolution authorizing the award of contracts for “professional services” without competitive bidding and the contract itself must be available for public inspection; and

WHEREAS, the estimated amount of the contracts to be awarded shall be at the rate of $130.00 per hour; and

WHEREAS, pursuant to L. 2004 c. 19, each of the Designated Attorneys has completed and submitted a Business Entity Disclosure Certification which certifies that each of the Designated Attorneys and the applicable Business Entity as defined in L. 2004, c. 19, has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year period, and that the contract will prohibit each of the Designated Attorneys and applicable Business Entity 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, as follows:

1. The Professional Services Agreements between the Township of Randolph and the “Designated Attorneys” (1) Thomas J. Benedetti; (2) Teresa Cinnamond; (3) Peter N. Gilbreth; (4) Jon Huston; (5) Fredric M. Knapp; (6) Craig V. O’Connor; and (7) Edward J. Turro; copies of which shall be on file in the Office of the Township Clerk made a part hereof by reference, are hereby approved and shall be executed by the Township Mayor;

2. The Township Mayor is hereby authorized to sign and execute the Professional Services Agreement per the terms and conditions of this Resolution.

3. The contracts referenced above are awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contracts are for a service performed by persons authorized by law to practice a recognized professional that is regulated by law.

4. The Business Disclosure Entity Certification of the Designated Attorneys and the applicable Business Entity and the Determination of Value shall be placed on file along with this Resolution with the Township Clerk.

5. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 29, 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 Expenses, to award contracts for Designated Attorneys to Supply Legal Services for the Defense of Civil Actions in the total amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Authorizing an Amendment to the Professional Services Agreement With Allen Iskra to Pay Him Per Diem for Special Sessions

R-162-08

WHEREAS, the Township has the need to amend the Professional Services Agreement awarded to Allen J. Iskra, of Schonwold & Iskra, on February 7, 2008; and

WHEREAS, the original agreement was for Public Defender services for regular sessions and needs to include special DWI sessions as needed; and

WHEREAS, the fee for these services will be $270.00 per session, not to exceed six (6) sessions and $1,620.00; and

WHEREAS, the original contract was $14,000.00 and the amended contract will not exceed $15,620.00.

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 amend the contract with Allen J. Iskra, of Schonwold & Iskra as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 29, 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—Reserve for Public Defender, to amend the contract with Allen J. Iskra to include Public Defender for Special DWI Sessions as needed in the amount not to exceed $1,620.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing the Award on Behalf of the MCCPC on a Portion of Contract #14 (Catch Basins and Manhole Castings) to Campbell Foundry Company of Harrison, New Jersey

Acted on separately.

I. Raffles

(1) On-Premise 50/50, Randolph High School Forensics Booster Club, June 8, 2008, at the Meadow Wood Manor, Route 10, Randolph, 6:00 p.m. to 10:00 p.m.

(2) Application for Special Permit for Social Affair, St. Andrew’s Greek Orthodox Church, June 6, 2008, 12:00 p.m. to 12:00 Midnight; June 7, 2008, 12:00 p.m. to 12:00 Midnight; June 8, 2008, 12:00 p.m. to 8:00 p.m., at the St. Andrew Community Center, 1447 Sussex Turnpike, Randolph

(3) Application for Special Permit for Social Affair, Randolph Engine Co. #5, 118 West Hanover Avenue, Randolph, on October 4, 2008, From 7:30 p.m. to 10:30 p.m.

(4) Kiwanis Club of Randolph, Freedom Festival at the County College of Morris, Center Grove Road, Randolph, on July 3, 2008, From 7:00 p.m. to 11:00 p.m.; July 4, 2008, from 1:00 p.m. to 11:00 p.m.; July 5, 2008, from 2:00 p.m. to 11:00 p.m.; and July 6, 2008, from 1:00 p.m. to 6:00 p.m.

DISCUSSION

(1) Ordinance Governing the Timely Removal of Graffiti

Manager Lovell noted that a proposed ordinance dealing with the removal of graffiti has been drafted by the Township Attorney. The ordinance was recommended by Lt. Smith. Graffiti has become a concern in cities throughout America, especially as they relate to gangs. The ordinance follows the standards that are required by New Jersey.

Councilman Alpert noted that he read Lt. Smith’s memo recommending the ordinance as agrees with him 100 percent. He noticed that the ordinance provides 90 days for a property owner to remove graffiti, and asked if anything could be done to expedite the 90 day time period since graffiti can be regarded as a public nuisance.

Mr. Buzak responded that the underlying basis for Randolph’s ability to adopt this kind of ordinance is set forth in the statute, and the statute is specific in terms of the time period to be given to property owner. There currently is no provision to allow deviation from it or to waive it in certain cases.

Councilman Algeier suggested asking our legislators to address the language of the statute with the legislature.

The Council gave their consent to place this proposed ordinance on the June 5, 2008, agenda.

(2) Voter Referendum on Water Fee/Request From NJ Highlands Council

Manager Lovell cited a letter the Council received from the Chairman of the New Jersey Highlands Council, quoting the following paragraph:

“On behalf of the New Jersey Highlands Water Protection and Planning Council, I’m writing to urge you to consider supporting a proposal on consideration by the State Senate to allow voters to decide on the constitutional amendment to dedicate money from a water fee to protect the state’s natural resources and important farm lands.”

The Manager noted that they are asking for a $32.00 tax per household, presumably to raise money to preserve land and protect water sheds, which the Manager would support. However, the money this tax would raise is earmarked for the Garden State Preservation Trust Fund, and that concerns the Manager. Money in that trust fund has been diverted in the past to other areas that don’t have anything to do with land preservation or water protection. In view of the fact that the proposed tax will not be a dedicated tax, the Manager does not support this effort and suggested writing a letter to the Chairman of the New Jersey Highlands Council expressing his concerns over the proposal.

Councilman Algeier noted that since the tax would be state-wide, there would be more incentive to divert money from the trust fund because other counties not affected by the Highlands will want a share of it. He suggested the Manager reflect in his letter to the Chairman that the Council is not going to support this effort because it isn’t restricted.

Council gave consent to the Manager to draft a letter to the Chairman of the New Jersey Highlands Council.

(3) Update on 2008 Open Space Acquisitions, Open Space Referendum Question—Approve Wording

Assistant Township Manager Tom Russo summarized open space projects that are ongoing for 2008, including:

  • Closing on the Rebernik property on May 20
  • Tucker Avenue acquisition for $1.45 million—contract is in attorney review
  • Powers property—certain outstanding issues have been resolved and is moving forward—anticipated acquisition price of $600,000.00
  • Wright property—acquisition price of $650,000.00 has been agreed to by the family—paperwork on acquisition is moving forward
  • Grants have been received for Tucker, Powers and Rebernik, totaling approximately 50 percent of the appraisal value for each property
  • There is no grant funding for the Wright property because its availability on the market came after the deadline for filing grant applications
  • Grant applications for 2009 must be submitted shortly

Manager Lovell noted that Randolph is one of a few towns in Morris County where almost every grant that has been applied for has been received. Randolph consistently purchases the property within the timeframe required by the county.

Councilman Algeier noted the only grant that was rejected has been for the Mt. Freedom Golf property. The councilman has previously served on the grant committee and outlined several areas in which Randolph submits and follows through on their applications that is looked upon favorably by the committee. Councilman Algeier stated that Randolph’s open space program has been successful from the beginning and thanked the Manager and the current and past Assistant Township Managers for their efforts in this program.

Manager Lovell summarized several issues dealing with maintaining the parcels of open space. There has been previous discussion of developing a referendum question to be placed on the November ballot to allow Open Space Trust Fund money to be used for some of these maintenance and remediation purposes. However, language for the referendum question required by statute would very likely cause confusion, coupled with current economic uncertainty, he feels a referendum question would most likely fail at this time. He will research other means of undertaking the maintenance and remediation issues.

Councilman Algeier responded that he agrees with the Township Manager and suggested putting this issue before our legislators for their assistance.

REVIEW AND SET PROPOSED AGENDA FOR JUNE 5, 2008, REGULAR MEETING

Manager Lovell provided a summary of the items on the June 5, 2008, proposed agenda.

OPEN TO PUBLIC

Howard Schoenberger asked what the requirements would be for a town or county to remove graffiti from non-privately owned property.

Manager Lovell responded that the township endeavors to respond quickly to remove graffiti from municipal property. If a resident feels response by a government agency is not adequate, he requests that resident speak to him directly and he will take steps with the county or state to rectify the situation as he takes graffiti very seriously.

Jay Sweifach asked if the law was different when graffiti constitutes a hate crime.

Attorney Buzak responded that there is no distinction made in terms of the remedial aspects of the proposed ordinance.

Manager Lovell noted that there is separate and additional legislation that deals with hate crime issues.

Howard Schoenberger remarked that he thinks the Council and Manager did a great job of reducing expenditures to hold taxes down with the proposed budget. He did question whether adequate input from the public was obtained during the budget process and is concerned that many more tax appeals are forthcoming. He suggested placing a question on a referendum in November asking voters for input of how they would like to see the budget prepared.

Manager Lovell responded that the budget process begins with a public hearing in November. The hearing is advertised and the public is urged to show their interest at the public hearing. No one from the public came to the hearing. The Manager believes it is incumbent upon those on the council and those running for council positions to meet with the residents and get a sense for what they want regarding such issues and bring that information back to the council table. Regarding the preparation of the municipal budget, there are several costs set by outside forces, as well as several services dictated by the State of New Jersey, upon which Randolph has no discretion on spending. He noted that although the municipal budget is not voted on by the public, 67 percent of that budget goes to the schools, and that budget is voted on by the public, and the public recently approved that budget. The township’s expenses represent 16 percent of every tax bill. When questioned on expenditures by residents, the Manager will often ask them to outline which services or amenities they would be willing to forfeit themselves, not simply pick those items they feel unnecessary in general.

Deputy Mayor Metz noted that typically voter turnout for school budgets is low. He believes the residents elect the officials they feel can do the best job for them in making these decisions, and if the residents aren’t happy with what happens, then it is their option to elect others.

Councilman Algeier stated that he began a Meet the Mayor concept in 2003, repeated it in 2006, and Mayor Napoliello has initiated it again this year. Council members make themselves available to the public at numerous venues in order to hear their concerns. He noted that nobody wants to raise taxes. He and the other council members live in town and are equally affected by tax increases. However he believes that most taxpayers understand the many areas that are beyond council’s ability to control, such as state mandates and rising fuel, pension, and insurance costs.

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

COUNCIL AND MANAGER COMMENTS

Deputy Mayor Metz noted that Barbara Davis should also be thanked for her long time efforts in the open space program.

Councilwoman Price noted the efforts of the Economic Development Committee in improving business relations and trying to draw new business to town. The EDC is requesting that $2,500.00 be reinstated to their budget so that they can proceed with the annual awards dinner.

Councilwoman Price made a motion to reinstate $2,500.00 to the budget for the Economic Development Committee. Councilman Algeier seconded the motion in order to undertake a discussion on this issue.

Deputy Mayor Metz noted that he has been a liaison for the Economic Development Committee and owns a business located in town. He has attended and enjoyed the dinners. While the dinner honors current businesses in town, he doesn’t see where those dinners bring in new businesses. Perhaps that end can be better achieved by working more closely with the township administration.

Councilman Algeier noted that when you are trying to cut a budget by close to $300,000.00, you have to take a lot of small items from a lot of different areas in order to achieve that goal. There were many requests for funds that had to be denied this year because of those cuts. He believes it would be a betrayal to those other groups who don’t have a council liaison voice to reinstate the $2,500.00 for the EDC. He agrees that while the awards dinner is a nice feature, it does not bring in new business to the area. Perhaps the EDC should use more creativity to create new programs to bring in new business.

Manager Lovell responded that this was a difficult budget and it is a compromise budget. He and the Finance Director are very concerned about the rising cost of fuel, and are constantly looking at ways to save money to cover transfers that may be necessary later in the year. It is a possibility that next year’s reductions will include staff positions.

Councilwoman Mitsch stated that we are experiencing extraordinary times and tough decisions have to be made at both a personal level and at the municipal level. In her opinion, not enough is currently being spent on more critical programs such as road resurfacing. Everyone is suffering and making sacrifices, and the awards dinner is one of those sacrifices that needs to be made this year.

The following roll call vote was taken:

AYES: Councilwoman Price

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

ABSENT: Mayor Napoliello

Councilwoman Price will convey the Council’s view to the Economic Development Committee.

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. Open Space Acquisitions
B. Judge’s Compensation for 2008
C. Catch Basins

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.

Attorney Buzak noted for the record that Council will most likely take action on the MCCPC contract resolution after the Executive Session.

Councilman Algeier made a motion to move into Executive Session. 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

NAYS: None

ABSENT: Mayor Napoliello

Councilman Obremski made a motion to move out of Executive Session. Councilwoman Mitsch 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

NAYS: None

ABSENT: Mayor Napoliello

Councilman Algeier made a motion to approve the resolution regarding MCCPC Contract #14 regarding catch basins. 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

NAYS: None

ABSENT: Mayor Napoliello

Authorizing the Award on Behalf of the MCCPC on a Portion of Contract #14 (Catch Basins and Manhole Castings) to Campbell Foundry Company of Harrison, New Jersey

R-163-08

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council authorizes an award of a portion of Contract #14 (Catch Basins & Manhole Castings), Category D (Phase II Echo-Safe Catch Basin Curb Box Cover) for the remaining portion of contract period January 1, 2008 - December 31, 2008; and

WHEREAS, bids have been advertised and received for the second time (re-bid March 19, 2008) in accordance with the Local Public Contracts Law; and

WHEREAS, one of the requirements contained in the bid specifications provided that the means of clamping shall be a cam action device for each mount opening; and

WHEREAS, the lowest bidder, LMT Mercer Group, Inc., submitted a bid for a product that does not include a cam action device and therefore does not comply with the bid specifications; and

WHEREAS, the bid submitted by LMT Mercer Group, Inc. does not comply with the bid specifications and is therefore non-responsive and must be rejected; and

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council has determined that the second low bidder, Campbell Foundry Company of Harrison, New Jersey, be awarded the contract as the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded on behalf of the Morris County Cooperative Pricing Council to Campbell Foundry Company of Harrison, New Jersey, for contract period expiring December 31, 2008.

ADJOURNMENT

The Mayor adjourned the meeting at 10:20 p.m.

Donna Marie Luciani
Township Clerk

E X E C U T I V E    S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Deputy Mayor Metz.

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

ABSENT: Mayor Napoliello

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

Catch Basins

Manager Lovell cited a letter from an attorney at Fox Rothchild representing LMT. He noted that the low bidder for catch basins, LMT, took an exception to the specifications. Campbell is the second lowest bidder.

Paul Ferriero described what the product looks like. The specification that was in the bid is basically the specification written by Campbell. LMT claims their product is the same or equal to Campbell’s, however the connector is different. He noted that there were no exceptions taken when the bid was released, and that was the time to protest the specifications. At this point in time, he believes it is too late to protest the specifications.

Manager Lovell stated that if the contract was awarded to LMT, Campbell would have cause to sue and he feels Randolph would have no defense for such a suit. He added that the specification used by Campbell is also used by the NJ DOT.

Mr. Ferriero noted that Campbell and LMT are battling for business, and this is a large contract dealing with the MCCPC.

Attorney Buzak noted that the product is not proprietary through Campbell. He clarified a comment from LMT’s attorney about LMT not being given the right of a hearing. To that end, the law is clear in that there is no general requirement to hold a hearing, and if a hearing is held, they have been based upon responsibility, such as financial, and not because a bidder doesn’t comply with specifications. If a bidder does not comply with the specifications, he becomes a non-bidder at that point and you move to the next bidder who qualifies. He is confident that if Randolph is challenged by LMT, we will prevail. On the other hand, if the contract was awarded to LMT and we were challenged by Campbell, he may not be able to defend that decision successfully.

Councilman Algeier suggested addressing the issue of how much time the Township Attorney now spends doing Co-op work and how his fees should be handled for that.

Open Space Acquisitions

A parcel of land on Dover Chester Road, 4.3 acres, adjacent to the Del Ben property.
Do not release.

Judge’s Compensation for 2008

Manager Lovell reported that the judge has changed the way in which the court operates this year. They have increased their sessions from 51 to 75 sessions, which has streamlined the court sessions and generally worked out very well. He believes the judge is entitled to a raise and asked the council to allow him to begin negotiations with the judge to go from $37,400.00 to $46,750.00.

Council agreed to allow the Township Manager to begin to negotiate a salary increase with the judge.

_________________________
Donna Marie Luciani
Township Clerk

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