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

Minutes: May 7, 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 4, 2009, through e-mail. The time change for this meeting date was advertised in the Morris County Daily Record on May 5, 2009.

PRESENT:
Councilman Algeier (arrived 7:35 p.m.)
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

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

Mayor Metz led the Pledge of Allegiance.

Mayor Metz welcomed members of Cub Scout Pack 109, Wolf Den #5, to the meeting.

ADJOURN TO TOWER LOCATION INSPECTION—7:10 P.M.

Mayor Metz called a brief adjournment to allow the members of the Council and public to attend the proposed tower location inspection.

REOPENING OF MEETING—7:30 P.M.

PRESENTATION BY MORRIS COUNTY ADMINISTRATOR JOHN BONANNI AND PLANNING DIRECTOR FRANK PINTO—Morristown—Erie Rail Line Restoration

John Bonanni and Frank Pinto provided a brief overview of the proposed project.

Following the presentation, the Council indicated unanimous support of the project.

APPROVAL OF MINUTES

Regular Council Minutes of:

(1) March 5, 2009

Councilman Obremski made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN:
Councilman Algeier
Mayor Metz

(2) March 17, 2009

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

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

NAYS: None

(3) March 19, 2009

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

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

NAYS: None

ABSTAIN: Councilman Algeier

(4) March 26, 2009

Councilwoman Price made a motion to approve the minutes as presented. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(5) April 2, 2009

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

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

NAYS: None

(6) April 16, 2009

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

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilwoman Price

(7) April 30, 2009

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

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

NAYS: None

ABSTAIN: Mayor Metz

Executive Minutes of:

(1) March 26, 2009

Councilman Obremski made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) April 16, 2009

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

AYES:
Councilman Algeier
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilwoman Price

(3) April 30, 2009

Councilman Obremski made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert (abstain on Chabad)

NAYS: None

ABSTAIN: Mayor Metz

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted for the record that she believes there was inadequate notice of the time change for the meeting given to the public.

Lee Whilden, 82 Radtke Road, asked if Everdale Road, which has been recently repaved, was going to be torn up for an upcoming project.

Manager Lovell responded that Everdale Road is being marked for a system that will run from Everdale up Pierson Hill, however the road should not be disturbed.

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

COUNCIL AND MANAGER REPORTS

Councilwoman Price reported that the Gordon Raupp Fishing Derby was a success. She also reported that the Historical Society had a good turnout for the tours of the town they recently provided.

Councilman Napoliello met with the Community Services Advisory Committee where he explained the budget and proposed renovations to the Community Center on Calais Road.

Councilman Algeier reported that he participated in Clean Communities Day. He noted there was a good turnout with many scouts also participating.

Mayor Metz took one of the tours offered by the Historical Society. The Mayor recently attended the annual Mayors’ Conference in Atlantic City and enjoyed his experiences there. Property taxes remain a major concern among the mayors and they urged the Assembly and Senate to seek better alternatives to funding education as opposed to using property taxes. Mayor Metz attended an Economic Development Committee meeting where they discussed the success of High School Senior Career Day.

PROCLAMATIONS

Mayor Metz read the following proclamations into the record:

(1) Click It or Ticket Mobilization

WHEREAS, there were 592 motor vehicle fatalities in New Jersey in 2008; and

WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a seat belt; and

WHEREAS, use of a seat belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and

WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by seat belt usage nationally between 1975 and 2000; and

WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 18 - May 31, 2009, in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the seat belt usage rate in the state from the current level of 91.75% to 100%; and

WHEREAS, a further increase in safety belt usage in New Jersey will save lives on our roadway.

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 Police Department, declares his support for the Click It or Ticket safety belt mobilization both locally and nationally from May 18 - May 31, 2009, and pledge to increase awareness of the mobilization and the benefits of seat belt use.

(2) Help Darfur Now Week

Mayor Metz introduced Zack Beecher, the President of the National Honor Society at Randolph High School. The National Honor Society formulated the following proclamation in an effort to bring awareness to the suffering in Darfur.

WHEREAS, the National Honor Society of Randolph High School wishes to raise awareness about the genocide in Darfur in order to inspire fellow students and their community to speak out against it; and

WHEREAS, more than 450,000 people have died, more than 2.8 million have been displaced, 90 percent of the villages have been destroyed, 3.6 million are dependent upon humanitarian organizations, and countless women and children are being raped/sexually abused, and more; and

WHEREAS, the situation continues to deteriorate with President Omar a-Bashir’s recent removal of 13 major aid organizations; and

WHEREAS, the National Honor Society is hosting Help Darfur Now Week at Randolph High School which, in addition to loudspeaker announcements and posters hung throughout the school, will include an evening presentation given by a Darfurian speaking about his experiences; and

WHEREAS, in addition to raising awareness, the National Honor Society is also raising financial support through the collection of donations and selling Help Darfur Now t-shirts, sweatshirts, bracelets, and pins, of which 100 percent of the proceeds will go toward helping people on the ground in Darfur.

NOW, THEREFORE, I, Edward A. Metz, Mayor of Randolph Township, Morris County, New Jersey, on behalf of the Randolph Township Council and our residents, do hereby recognize the week of May 4, 2009, as Help Darfur Week.

SELF-EXAMINATION OF THE BUDGET RESOLUTION

Manager Lovell noted that the resolution will allow Randolph to do a self-examination of the budget. The Local Finance Board grants this privilege to towns like Randolph who enjoy exemplary financial records.

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

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

NAYS: None

R-139-09

WHEREAS, N.J.S.A. 40A-4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C, 5:30-7.2 through 7.5, the Township of Randolph has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2009 budget year.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures.
c. Cash deficit of preceding year.
d. Reserve for uncollected taxes.
e. Other reserves and non-disbursement items.
f. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitations on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq. are fully met (complies with CAP law.)

3. That the budget is in such form arrangement and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate, and correctly stated.
b. Items of appropriation are properly set forth.
c. In itemization form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality.

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

RESOLUTION—2009 CAPITAL BUDGET AMENDMENT

Manager Lovell read the following resolution into the record.

R-140-09

WHEREAS, the Township of Randolph desires to amend the 2009 Capital Budget of the Township by inserting therein the Purchase of Various Capital Improvements.

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

No. 1
2009 Capital Budget Amendment
Township of Randolph
County of Morris, New Jersey

Councilwoman Price made a motion to adopt the resolution. Councilman Obremski seconded the motion.

Councilman Algeier noted that the Brundage Park Wetlands Restoration project comes about as the result of actions taken by a landowner to abut the park who filled in wetlands, thereby disturbing Township property, and the subsequent order by the NJ DEP that Randolph remediate the property. The Councilman reiterated the fact that Randolph is an innocent victim in this situation and that he disagrees with the DEP’s policy of making victims pay for remediation.

Manager Lovell noted that the Township will seek to recover all costs associated with this remediation from the offending property owner.

Councilman Napoliello stated that he is not in favor of bonding the road overlay program, however because of the economic climate and low finance rate, he understands the need for it at this time.

The following roll call vote was taken:

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

NAYS: None

HEARINGS

(1) Ordinance #11-09: An Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a CAP Bank

Manager Lovell stated that this ordinance provides budget flexibility for future years. Randolph is well below CAP, as has always been the case in his ten years with Randolph.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET 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.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Judith Stewart, 114 Everdale Road, asked how Randolph can exceed the municipal budget appropriation limits and still be under CAP.

Manager Lovell responded that Randolph is not exceeding the CAP. The law requires Randolph adopt this form of resolution in order to bank the CAP.

Mrs. Stewart reiterated her desire to see the Council put $3,000.00 back into the budget for the Freedom Festival Parade.

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

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” 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 Napoliello 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 Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

(2) Public Hearing and Adoption of 2009 Municipal Budget and Capital Improvement Program

Manager Lovell made several statements concerning the budget, including:

• Copies of the proposed budget have been in Town Hall for several weeks
• A copy of the budget was provided to the Randolph Library
• The budget was listed in its entirety on the Township web site at http://www.randolphnj.org and advertised in the Randolph Reporter
• The 2009 Municipal Budget and Capital Improvement Program totals $26,552,130.00
• The combined water and sewer budget totals $8,024,540.00
• The municipal budget is $153,312.00 below the state mandated levy cap and $1,890,111.00 below the 2.5 percent allowable cap for appropriation increases
• Approximately half the municipal budget provides funding for salaries and benefits of 136 full time and 51 part time employees
• Over the past decade, the Township has reduced its workforce by eliminating full time positions to attrition
• Increasing service demands have been met through privatization and by embracing technology wherever possible
• In 2009, a position in the police department and in public works was eliminated
• In 2009, a part time employee in the health/code enforcement area was laid off and hours for other employees were reduced
• The budget is growing well below the rate of inflation, at approximately half of one percent when adjusted for federal and state grants
• Costs for snow removal and the pension system caused consternation this year
• State aid to the municipality was reduced for the second year in a row
• During the past several years, the Council has taken a pro-active approach to the threat of commercial tax appeals by putting hundreds of thousands of dollars into the budgets, this year to the tune of $460,000.00
• The Open Space tax rate will be reduced in 2009
• The net impact to the public will be a 1.5 cent increase in the tax rate, amounting to $50.55 for the average assessed homeowner
• Water and sewer funds are kept separate in the Township
• The water system is supported by water customers and the sewer system is supported by sewer customers
• The sewer fund provides service to 3,884 properties and the budget is proposed at $4,952,540.00 in 2009, a 3.5 percent increase over 2008
• That increase is related to the increase in treatment costs from both the Rockaway Regional Valley Sewer Authority and Morris Township
• The water system provides water to 4,650 properties and the budget is proposed at $3,072,000.00, a decrease of 7.12 percent in 2009
• Water consumption is decreasing in the Township, in large part due to the odd/even system for lawn sprinkling and the aggressive block rate structure imposed to encourage water conservation
• The budget appropriations and revenue projections for the 2009 budget will enable the organization to meet the public’s demands for service
• The budget was structured in a fiscally responsible manner to ensure the financial well-being of the municipal government

The Manager noted that Randolph’s Mission Statement guides the budget process every year, and he read the Mission Statement into the record:

“The Randolph Township municipal organization strives to make the Township of Randolph the best it can be by providing effective governance, enhanced customer services, and excellent community facilities.”

Manager Lovell read the following resolution into the record:

R-141-09

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization in the amount of:

IT IS HEREBY CERTIFIED that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body the 7th day of May, 2009. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2009 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services.

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

Lee Whilden, 82 Radtke Road, noted that her main concern is water supply. Mrs. Whilden is pleased with the improvements proposed for the Old Brookside Road water tank and asked if Randolph shares water with Mendham Township.

Manager Lovell responded that the water tank on Old Brookside Road is strictly for Randolph Township. Randolph purchases water through the Morris County MUA.

Nancie Ludwig, 14 Lookout Road, chair of the Randolph Municipal Alliance Committee, thanked the Council for their past support and for the recent proclamation for Parents Who Host, Lose the Most. She presented the following letter to the Council for inclusion in the minutes and asked that the Council agree to a straw vote on the issue:

Dear John Lovell and members of the Town Council,

In response to the town manager’s email dated April 2, 2009 the committee has taken action pending the public hearing on the township budget scheduled May 7, 2007 at 7pm. The town manager suggested four scenarios for the MAC to consider regarding the funding of the salary position of township employee Janet Pollio. At our meeting on April 29th, the suggestions were discussed in detail by the committee. Below are the scenarios presented to the committee and the outcome for each, based on the discussion. A portion of John Lovell’s email is below with the committee’s responses typed in bold: John Lovell writes, Unfortunately, the MAC budget’s salary and wage budget will sustain a $4,000 reduction....The MAC will need to make an immediate decision on how this reduction will be addressed. I have listed options for your consideration:

1. Cut back hours for the position: This is not possible as this is a salary position as was advertised in the fall of 2007 by the township manager’s office. The town CFO confirmed that this is a salary position and not an hourly wage. In addition, in order to perform the duties required for this position, the current hours (32-40 per month) are realistic. For 2009 the Governor’s Council on Alcoholism and Drug Abuse (GCADA) has increased the reporting requirements for funding. These additional requirements along with the increase in the number of MAC-sponsored programs result in additional time requirements for the Administrative Coordinator.

2. Tap existing grants that allow for administrative costs and notify Mike Soccio to encumber the funds for the salary. The committee members felt strongly about the funding for the Administrative Coordinator position. Although they would have rather seen the funding spent on Alcohol, Tobacco and Other Drug (ATOD) awareness and prevention programs within the community, they committed to including $2,000 in administrative costs in the 2009 GCADA grant. This amount is the maximum amount allowed by the county. The supplemental funding offered by the County Freeholders is intended to enhance current programming or create additional prevention programs. Therefore, we cannot use this funding for administrative costs.

3. Reconfigure the spending plan for MAC’s trust account. In 2008, half of the Administrative Coordinator’s salary was taken from the MAC Trust Account since the township budget only supported $5,400 of the $10,800 salary. The MAC Trust Account was set up to be utilized for communitywide ATOD awareness and prevention programming, not to pay administrative expenses. At the MAC meeting on November 19, 2008, the committee discussed the MAC Trust Account funds and the current and future prevention programming supported by the MAC. The committee voted unanimously to allocate the MAC Trust Account funds to specific programs covering a three to five year period. The programs chosen were those that had already lost funding under the new GCADA guidelines and some were new, innovative programs created by the MAC for communitywide ATOD awareness and prevention. A memo outlining these programs and the funding allocations were sent on December 1, 2008 to Mike Soccio with a copy to John Lovell. The committee has already dedicated $2,000 of funding from the 2009 GCADA grant to supplement administrative costs instead of utilizing these funds for valuable programming. Therefore, the very beneficial ATOD awareness and prevention programming which utilizes the MAC Trust Account funds should not sustain an additional hit of $2,000 for administrative expenses.

4. A combination of all of the above. A couple of MAC members worked on creating many scenarios before presenting ALL possible scenarios to the entire committee at the April 29th meeting. This topic was thoroughly discussed by the members attending the meeting. The MAC members feel strongly that the township should continue to show its support for the MAC mission in our community by supporting the full salary of the Administration Coordinator position. The salary for the 2008 funding of this position was implemented with the job description by the township manager and should be paid for with township funds designated for salary, not from the MAC Trust Account funds. The MAC Trust Account funds have historically been utilized to enhance and expand funding from the County for our communitywide ATOD awareness and prevention programs. Furthermore, the MAC members feel that since Ms. Pollio is a township employee who has performed her job well, she should receive the 3.75% increase in salary that the other township employees received as a cost of living increase. In closing, I would like to petition the council to reconsider the decision to support only a partial salary for this township position. I ask that the full funding for the Administrative Coordinator position come directly out of the township’s salary budget. The MAC members have shown their support of this administrative position by utilizing the full amount allowable in the grant, $2,000 to go toward the Administrative Coordinator duties instead of programming. In addition to the $2,000 written into the GCADA grant in 2009, the township is asking that the MAC fund an additional $2,000, for a total of $4,000. If used for programming, that $4,000 would go a long way to increase ATOD awareness and prevention within our township by continuing our current campaigns and forums as well as creating new and innovative programs. Not only does the MAC support vital awareness and prevention programming, funding received from the GCADA grant and the Supplemental Grant is used to support police programs and programs within the school district. If the township continues to draw funds from the MAC Trust Account to pay for the Administrative Coordinator’s salary, over time, the MAC will not be able to sustain all of these valuable, community-based programs.

Councilwoman Mitsch noted that the budget process was especially arduous this year for the reasons mentioned by the Township Manager in his budget presentation. As such, many small line items had to be scrutinized and very difficult decisions were made. The Councilwoman voiced the hope that this will not be the case next year.

Mayor Metz responded that, while the Municipal Alliance Committee has seen a decrease in their budget, Randolph has itself seen a decrease in support from the state in the form of aid for the past two years while costs such as snow removal and insurance have gone up. There are other groups that have had their budgets cut and would like their money reinstated as well. The Council’s goal was to adopt a budget with a zero percent tax increase, however the end result was a 1.5 cent increase.

Councilman Napoliello stated that while he is sorry about decreasing the MAC’s budget, Randolph got hit from all sides this year in preparing the budget and cuts had to be made. Other groups have also come before the Council asking their money be reinstated, but unfortunately that is not possible this year.

Deputy Mayor Alpert emphasized that he would not vote in a straw poll. He stated that while Mrs. Ludwig felt impacted by the budget cut, economic conditions are the worst they have been in many years, everybody is feeling the impact, and everyone must do their share to get through these tough times.

Mrs. Ludwig stated that the Municipal Alliance Committee helps people get through tough times.

Councilman Obremski responded that there are other committees and departments in town that provide excellent service to the community as well. He believes the Council made cuts that were in the best interests of all of the residents in Randolph, and that hopefully next year conditions will change and programs can return to their normal funding levels.

Mayor Metz reiterated the fact that other groups have come before the Council asking to have their funding reinstated.

Councilwoman Price noted that the Council supports the work of the Municipal Alliance Committee and recognizes the service they provide to the community. She reiterated that it was a difficult year for the budget and hopes that funds can be restored in the future.

Councilman Obremski asked where the position in question falls within the organization.

Manager Lovell responded that the position does not fall within the organizational chart of the township. It is an assigned position to the Municipal Alliance Committee brought about at the request of the Committee. The Manager did not participate in the interview process, he does not consider it to be a part of his staff, and the position does not report to him.

Mrs. Ludwig noted that the position in question was advertised by the Township Manager, it was approved, and the employee receives a township check.

Judith Stewart, 114 Everdale Road, noted that she supports the budget and believes the staff does an excellent job of controlling costs. She stated that she does not approve of cutting programs to save costs. Mrs. Stewart noted that costs for recycling are shown in the budget, however savings to the township are not shown in the budget. Randolph enjoys substantial savings from recycling that could increase if more residents and businesses were encouraged to recycle. Mrs. Stewart urged the Council to make the ordinance dealing with recycling enforcement stronger. Mrs. Stewart also reiterated her suggestion that the Council initiate a change in the state law governing charging fees for the use of the volunteer rescue squads.

Peter Kazella, 20 Foxwood Lane noted that there is a need for a crossing guard at the Shongum School. There is no money for a guard in the school budget and he asked about getting the process started at the municipal level.

Manager Lovell responded that this is the first time he has heard of a need for a crossing guard at Shongum School. He noted that parking restrictions will be implemented in the near future and he has been working with Board of Education administration on improvements to the Shongum campus. There is no flexibility in this year’s budget for a crossing guard. The Manager suggested the principal at Shongum make a formal request for a crossing guard to the police department. The police will perform a review and make a recommendation for 2010.

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

Deputy Mayor Alpert made a motion to adopt the 2009 budget. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Mayor Metz thanked the Chief Finance Officer and the Township Manager for an excellent job on the budget.

Ordinances

Second Reading

(1) #08-09: Amending Land Development Ordinance—Lot Grading Permits and Fee Schedule

Manager Lovell stated that this ordinance comes about as a result of recommendations from the Planning and Engineering staff. It will require that property owners obtain permits from the Township in certain circumstances before re-grading their property. It is hoped that this will prevent issues where a property owner creates a drainage problem onto a neighboring property. There is a sunset provision in the ordinance so that the Council can revisit the issue and staff can report on the impacts of this ordinance to township operations.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH BY THE ADDITION OF SECTION 15-52, LOT GRADING PERMITS, AND AMENDING AND SUPPLEMENTING APPENDIX A - FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH BY THE ADDITION OF SECTION 15-52, LOT GRADING PERMITS, AND AMENDING AND SUPPLEMENTING APPENDIX A - FEE SCHEDULE OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be 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 Napoliello 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 Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

(2) #09-09: Amending Chapter 31, Traffic and Vehicles—No Parking Certain Hours (Shongum School Neighborhood)

Manager Lovell stated that the ordinance will impact a number of streets near Shongum School in an effort to improve safety. Parking will be permitted on one side of certain streets between the hours of 7:00 a.m. and 4:00 p.m. when school is in session.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-75, NO PARKING CERTAIN HOURS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

The meeting was opened to the public for public hearing.

Peter Kazella, 20 Foxwood Lane, thanked the Council for the ordinance. He suggested language be placed in the ordinance dealing with cars loading and unloading students and traffic being limited to one direction on the surrounding streets.

Councilman Obremski asked why students are not being picked up or dropped off on school grounds.

Mr. Kazella responded that there are certain times when only buses are allowed onto the campus and cars are prohibited.

Manager Lovell suggested the Council adopt the ordinance as presented and re-visit the issue in September when school re-opens. If traffic remains problematic in the area, the ordinance can be amended based upon recommendations from the Traffic Safety department.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-75, NO PARKING CERTAIN HOURS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

(3) #10-09: Special Assessment Ordinance—$120,000.00—Construction of Sewers on Shongum Road

Manager Lovell stated that this is a special assessment ordinance requested a few years ago by residents of Shongum Road. At that time a survey indicated two-thirds of the impacted residents were in favor of it.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR THE SHONGUM ROAD SEWER LINE EXTENSION IN THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE SUM OF $120,000.00 AND DIRECTING THE SPECIAL ASSESSMENT OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

The meeting was opened to the public for public hearing.

Alice Schoener, 77 Shongum Road, noted that hookup fees for sewers have grown considerably in the years since the project was first proposed and she asked if that amount is going to be added to the assessment or do the residents pay for that separately.

Manager Lovell responded that the resident pays that fee at the time of connection.

Ms. Schoener asked whether, during these difficult economic times, it is mandatory to hook up to the sewer line within a year.

Manager Lovell responded while the ordinance states connections must be made within the first year, in the past residents have been allowed a second year to connect.

Barbara Resnick, 73 Shongum Road, asked for clarification on the timetable to connect.

Manager Lovell responded that construction will probably be completed in the fall. At that time, property owners will be informed that they can proceed with connection to the system. While the ordinance has a one year connection requirement, the Township has generally always waited until the end of the second year before contacting property owners inquiring about the delay in connecting.

Ms. Resnick asked when the first installment on the assessment will be due.

Manager Lovell responded that upon completion of the project, the Assessment Commissioners will be contacted and they will inspect the improvement and set up a hearing. The residents will be invited to that hearing. After the hearing, the Assessment Commissioners will make a report to the Township Council. Another hearing will be set by the Council and the assessment fees will be adopted. Typically assessments are sent out 60 days after the Council adopts the assessment fees, and the first payment must be made within the next 30 days. The Manager cautioned that if a payment is missed, the entire assessment will be due.

Rocco Motto, 60 Shongum Road, asked when the project will be constructed.

Manager Lovell responded that the Township advertising bids to award a contract, which typically takes about 60 days. While the contractor typically doesn’t start a job the day after the contract award is made, this is a relatively small project and will be completed quickly. The Manager anticipates the project being completed around October.

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 THE SHONGUM ROAD SEWER LINE EXTENSION IN THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE SUM OF $120,000.00 AND DIRECTING THE SPECIAL ASSESSMENT 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 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 Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

Introduction

(1) Bond Ordinance, $1,065,000.00 for 2009 Capital Projects and Road Overlay Program—List of 2009 Road Overlay Program and Supplemental Debt Statement

Manager Lovell highlighted the various components to this ordinance, including:

• $740,000.00 for the road overlay program
• A number of road projects have been added after receiving grants, bringing the total close to $1 million worth of road construction in Randolph this year
• $125,000.00 for Brundage Park improvements to remediate the wetlands
• $200,000.00 to renovate the water tank on Old Brookside Road

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 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $935,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 4th of June, 2009, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

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

NAYS: None

(2) Capital Ordinance, $1,222,000.00 for 2009 Capital Projects

Manager Lovell highlighted the various components to this ordinance, including:

• $40,000.00 for the replacement of mobile data terminals for the Police Department
• $335,000.00 in New Jersey grant money for reconstruction of Carrell Road
• $295,000.00 for the purchase of equipment for Public Works—one item will be reimbursed for half the cost as the result of a shared services agreement with Jefferson
• $30,000.00 for the purchase of parks equipment
• $80,000.00 for the upgrade of personal interior turnout gear for the Fire Department
• $60,000.00 for demolition and remediation work done at the Wright and Tucker properties
• $110,000.00 for improvements at all of the parks
• $190,000.00 in grant money for the milling and resurfacing of Morris Turnpike
• $80,000.00 in grant money through the Community Development Block Grant Program for the replacement of Center Grove sidewalks

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, $80,000.00 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 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 4th of June, 2009, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

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

NAYS: None

(3) Amend Land Development Ordinance—Signs and Banners

Manager Lovell stated that one part of this ordinance deals with the temporary signs that pop up all over the Township on the sides of the roads and are getting out of hand. This ordinance empowers Randolph to be more pro-active in going after the parties that put the signs up, including political signs. The second aspect of this ordinance deals with banners. Based upon a recommendation from the Economic Development Committee, businesses would be allowed to display banners for longer periods of time than are currently allowed, albeit the number of times a business would be allowed to hang a banner would drop from six to four times a year. The Manager expects to come back to the Council at the beginning of 2010 to report on the ordinance.

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 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 4th of June, 2009, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

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

NAYS: None

(4) Amend Land Development Ordinance—Randolph Sales Days

Manager Lovell stated that this ordinance comes about as a recommendation by the Economic Development Committee and will modify the existing ordinance to allow Randolph Sales Days to run for a 14 day period. This ordinance would also require businesses wishing to participate to sign up through the EDC. At this point, it appears that the last two weeks in September will be designated 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 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 4th of June, 2009, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman 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 Napoliello
Councilman Obremski
Councilwoman Price
Deputy Mayor Alpert
Mayor Metz

NAYS: None

(5) Amend Salary and Wage Ordinance

Manager Lovell noted that this ordinance will raise the police chief’s salary to a higher level, add the position of Deputy Police Chief, adds the position of Water & Sewer Operator, and raises three levels that were approaching salary maximums.

Deputy Mayor Alpert asked about the salary listed for the Deputy Police Chief position.

Manager Lovell responded that this ordinance sets the salary maximum, not the salary. He also noted that perks are included in a lieutenant’s position, but are not offered at the Deputy Chief level.

Councilman Algeier asked that if the ordinance establishes the position of Deputy Police Chief as part of the organization table and includes a salary guide, will the Manager then be able to appoint somebody at his discretion or would it come to the Council for discussion.

Manager Lovell responded that several years ago, a prior Council asked that the organization chart be modified so as to not appoint captains in the future. The Manager assured the Council that he would not consider making any appointment without first obtaining Council support for the position itself. Currently the Police Chief is establishing a recommendation that he would like to present to the Township Council to create a second-in-command position. The Manager expects the presentation to come before the Council shortly.

Councilman Algeier expressed concern that it will be construed the Council is approving the position before discussions have taken place.

Manager Lovell suggested the position of Deputy Police Chief be removed from the proposed salary and wage ordinance.

The Council indicated a desire to remove the title of Deputy Police Chief from the proposed 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 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 4th of June, 2009, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Napoliello noted that the Police Chief is a relatively young man starting off at $150,000.00 a year.

Manager Lovell responded that he is trying to create a spread between the chief and lieutenant positions. Lieutenants have perks added to their salaries such as longevity and education incentives. The chief’s salary is in line with communities similar to Randolph.

Councilman Obremski made a motion to introduce the ordinance with the modification suggested by Councilman Algeier to remove the title of Deputy Police Chief. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

COMBINED ACTION ITEMS

Manager Lovell noted that Item K will be pulled from the agenda and placed on a future agenda.

Councilman Napoliello asked that Item J be pulled for further discussion.

Councilman Algeier noted that Items L and M concern shared service purchases and he thanked Township staff for taking the policy of looking for shared service purchases seriously.

Councilman Obremski made a motion to approve the Combined Action Items with the exception of Items K and J. Deputy Mayor Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refunds/Adjustment Resolutions

(1) Release Road Opening Cash Bond for Repaving Driveway at 17 Barbara Drive—Cindy Leonard—$500.00

R-142-09

WHEREAS, the Engineering Department has received a request from Cindy Leonard for the release of a $500.00 cash road opening bond posted for the repaving of a driveway; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on April 15, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repaving of the driveway 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 Cindy Leonard, 17 Barbara Drive, Randolph, NJ 07869.

(2) Refund Shingles Vaccine Fee Due to Delay in Shipping to Anna and Kenneth Williams—$320.00

R-143-09

WHEREAS, Anna L. Williams and Kenneth R. Williams registered for the shingles vaccine through our Adult and Adolescent Immunization Clinic in 2008 and pre-paid the fee of $320.00; and

WHEREAS, the vaccine manufacturer delayed shipment causing Mr. and Ms. Williams to obtain this service elsewhere; and

WHEREAS, but for the unforeseen twelve week back order, Mr. and Ms. Williams would have obtained the vaccination at the Randolph Township Adult and Adolescent Immunization Clinic.

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 Mark Caputo, Director of Health and Code Enforcement, that $320.00 be refunded to Anna L.Williams and Kenneth R. Williams, 12 John Street, Rockaway Borough, NJ 07866.

(3) Release Road Opening Cash Bond for Storm Drain System at 26 Meadowbrook Road to Ruth Shamir—$500.00

R-144-09

WHEREAS, the Engineering Department has received a request from Ruth Shamir for the release of a $500.00 cash road opening bond posted for connection to the storm drain system; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on April 6, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the drain installation 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 Ruth Shamir, 26 Meadowbrook Road, Randolph, NJ 07869.

(4) Refund Overpayment of Estimated Water Service Charge for 1144 Sussex Turnpike to Kishorchandra and Veena Shulka—$2,405.00

R-145-09

WHEREAS, Kishorchandra & Veena Shukla, 1144 Sussex Turnpike, Block 224, Lot 11, were estimated for their water service for several quarters; and

WHEREAS, the Township was finally able to obtain an actual reading; and

WHEREAS, based on the actual reading, Mr. and Mrs. Shukla overpaid their water account for several quarters which resulted in an overpayment of $2,405.06; and

WHEREAS, Mr. and Mrs. Shukla have requested a refund of their overpayment.

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 $2,405.06 to Mr. and Mrs. Shukla, 1144 Sussex Turnpike, Randolph, NJ 07869.

(5) Release Escrow Funds for Fieldfair Corp. for $2,989.93 and Cardon Contracting for $2,003.43

R-146-09

WHEREAS, the Planning and Zoning Department received escrow funds from Fieldfair Corp., Block 18.02, Lot 5, and Cardone Contracting, Michael Cardone, Block 127, Lot 17; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds for the following amounts be refunded:

#294785 Cardone Contracting, Michael Cardone—$2,003.43
#294775 Fieldfair Corp.—$2,989.93

(6) Release Road Opening Cash Bond for Leader Connection to Storm Drain System at 45 Windsor Avenue to Mayling Cutes—$500.00

R-147-09

WHEREAS, the Engineering Department has received a request from Mayling Cutes for the release of a $500.00 cash road opening bond posted for leader connection to the storm drain system; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on December 2, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the drain installation 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 Mayling Cutes, 45 Windsor Avenue, Randolph, NJ 07869.

(7) Release Road Opening Cash Bond for Connection to Storm Drain System at 6 Meadowbrook Road to Maria Loikith—$500.00

R-148-09

WHEREAS, the Engineering Department has received a request from Maria Loikith for the release of a $500.00 cash road opening bond posted for connection to the storm drain system; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 21, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the drain and pavers installation 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 Maria Loikith, 6 Meadowbrook Road, Randolph, NJ 07869.

(8) Release Escrow Funds for Police Detail to MCSSADA—$426.00

R-149-09

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the detail work has been completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

MCSSADA $426.00

B. Authorizing Submission of Grant Applications to NJ Department of Transportation for the Purpose of Resurfacing and Landscaping Improvements to the Trail System

R-150-09

WHEREAS, the Township of Randolph has determined that the following trail systems are in need of resurfacing and landscaping improvements:

1. Various locations of steep slope trails
2. Freedom Park Trailhead landscaping improvements
3. Heistein’s Park Trailhead landscaping improvements

and

WHEREAS, the Township of Randolph may apply to the New Jersey Department of Transportation under the Transportation Enhancement Program.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorizes the Engineering Department to proceed with the grant application process for the aforementioned projects.

C. Township to Maintain All Trails, Trail Heads, and Park Improvements Resulting From the Transportation Enhancement and Recovery Grant

R-151-09

WHEREAS, the Township of Randolph in Morris County, New Jersey, has constructed a comprehensive trail system consisting of twenty one miles of connected trails; and

WHEREAS, the Township maintains and repairs the trails through the efforts of several municipal departments on a regular basis; and

WHEREAS, the Township is applying for a grant through the Transportation Enhancement and Recovery Program; and

WHEREAS, the Township must guarantee the maintenance of the funded improvements.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph on this 7th day of May 2009 that the Township shall maintain all trails, trail heads, and parks improvements resulting from the Transportation Enhancement and Recovery grant.

D. Authorizing Award of a Generator/Transfer Switch—Arrowgate Pump Station to Rapid Pump and Water Service Co., Inc.—Not to Exceed $42,890.00

R-152-09

WHEREAS, the Township of Randolph wishes to award a contract for the purchase and installation of a generator/transfer switch for the Arrowgate Pump Station; and

WHEREAS, eleven bid packets were mailed and two bids were received from Wire’s Electric Shop and Rapid Pump and Water Service Co., Inc.; and

WHEREAS, Wire’s Electric Shop was the low bidder but provided pricing for purchase only, not installation; and

WHEREAS, Rapid Pump and Water Service Co., Inc., meets all the specifications at a total contract price of $42,890.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Rapid Pump and Water Service Co., Inc., Paterson, New Jersey, at a total contract price of $42,890.00. CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 7, 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, Water and Sewer, Other Expense, to award a contract to Rapid Pump and Water Service Co., Inc., for a Generator/ Transfer Switch—Arrowgate Pump Station in the amount not to exceed $42,890.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Award for 2009 Leach 2RIII—25 Cubic Yard, High Compaction, Rear-Loading Body or Equivalent to Sanitation Equipment Corp.—$67,060.00

R-153-09

WHEREAS, the Township of Randolph wishes to award a contract for a 2009 Leach 2RIII—25 cubic yard, high compaction, rear-loading body or equivalent; and

WHEREAS, six bid packets were mailed and one bid was received from Sanitation Equipment Corp., Paramus, New Jersey; and

WHEREAS, Sanitation Equipment Corp. meets all the specifications at a contract price of $61,360.00 plus $5,700.00 for Option I Drum Winch Container Attachment, for a total contract price of $67,060.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Sanitation Equipment Corp., Paramus, New Jersey, at a total contract price of $67,060.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 7, 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 Ordinance #13-09, DPW Equipment, to award a contract to Sanitation Equipment Corp. for the purchase of a 2009 Leach 2E111—25 Cubic Yard High Compaction, Rear Loading Body or Equivalent, in the amount not to exceed $67,060.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Awarding Contract for the Reclamation/Recycling of Various Township Roads to Reclamation of Kingston, LLC, to be Used as Needed

R-154-09

WHEREAS, the Township wishes to award a contract for the Reclamation/ Recycling of Various Township Roads; and

WHEREAS, six bid packets were mailed and one was received from Reclamation of Kingston, LLC, West Hurley, New York, who meets all the specifications; and

WHEREAS, prices for each category listed are attached and will be utilized as needed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Reclamation of Kingston, LLC, West Hurley, New York, to be used as needed.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 7, 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 Ordinance #12-09, 2009 Road Program, to award a contract to Reclamation of Kingston, LLC, for the Reclamation/Recycling of Various Township Roads per contract on file in the Township Manager’s Office.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Awarding Contract for Road Resurfacing and Milling of Various Township Roads to Schifano Construction Company

R-155-09

WHEREAS, the Township wishes to award a contract for the Road Resurfacing and Milling of Various Township Roads; and

WHEREAS, twenty-five bid packets were mailed and twelve were received; and

WHEREAS, after careful review, Schifano Construction Co., Middlesex, New Jersey, was the lowest bidder and meets all the specifications; and

WHEREAS, prices for each category listed are attached and will be utilized as needed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Schifano Construction Co., Middlesex, New Jersey, to be used as needed.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 7, 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 Ordinance #12-09, 2009 Road Program, to award a contract to Schifano Construction Co. for the Road Resurfacing and Milling of Various Township Roads per contract on file in the Township Manager’s Office.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Resolution Authorizing Morris County Road Opening Agreement With Randolph

R-156-09

WHEREAS, the County of Morris and Randolph Township wish to enter into an agreement for the purposes of road openings and/or excavations in and upon the County road system within the Township; and

WHEREAS, both parties agree to all of the terms and conditions of said agreement.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that the Mayor be authorized to sign the agreement.

I. Resolution for Approval of the Memorandum of Understanding With Allies, Inc.

R-157-09

WHEREAS, Randolph Township and Allies, Inc. wish to enter into Memorandum of Understanding; and

WHEREAS, both parties agree to all of the terms and conditions of said agreement.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that the Mayor be authorized to sign the agreement.

J. Authorize Professional Services Agreement with Arthur Thibault, Jr., Esq.—Special Counsel—Police Department—Not to Exceed $12,000.00

Pulled for further discussion

K. Professional Services Agreement with Ben Horten Architectural Design for Architectural Mechanical and Structural Engineering Services for Community Center Building—Calais Road—$53,900.00

Pulled and will be added to future agenda

L. Resolution Approving Shared Services Agreement Between Randolph and Jefferson for Shared Purchase and Use of Asphalt Crack Sealer Equipment

R-158-09

WHEREAS, Randolph Township and Jefferson Township wish to enter into an Agreement for the Shared Purchase and Use of Public Works Equipment; and

WHEREAS, both parties agree to all of the terms and conditions of said agreement.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that the Mayor be authorized to sign the agreement.

M. Resolution Approving Shared Services Agreement Between Randolph and Roxbury for Shared Purchase and Use of Water Meter Reading Equipment

R-159-09

WHEREAS, Randolph Township and Roxbury Township wish to enter into an Agreement for the Shared Purchase and Use of Water Meter Reading Equipment; and

WHEREAS, both parties agree to all of the terms and conditions of said agreement.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that the Mayor be authorized to sign the agreement.

N. Resolution Approving Amendment to the January 1, 2003, Agreement for the Use of the Jackson Brook Interceptor, Mine Hill Township

R-160-09

WHEREAS, on January 1, 2003, the Township of Mine Hill (“Mine Hill”) and the Township of Randolph (“Randolph”) entered into an Agreement for the Use of the Jackson Brook Interceptor (“Agreement”); and

WHEREAS, pursuant to the Agreement, eight specific Mine Hill tax lots were permitted to connect directly to the Jackson Brook Interceptor and Randolph was required to accept those eight specific tax lots as customers of the Randolph System; and

WHEREAS, the Agreement does not allow for any additional tax lots to directly connect to the Jackson Brook Interceptor or to the Arrowgate/Canfield Extension; and

WHEREAS, Mine Hill has advised Randolph of the current need for one additional tax lot to connect to an existing manhole that is connected to the Randolph system and of the potential need for future connections of Mine Hill sewer lines and additional tax lots to the Jackson Brook Interceptor and/or the Arrowgate/Canfield Extension; and

WHEREAS, Randolph has prepared an Amendment to the January 1, 2003, Agreement for the Use of the Jackson Brook Interceptor (“Amendment”) that establishes procedures to address the future sewer needs of Mine Hill while protecting the rights of Randolph to operate sewer lines free of unauthorized and unapproved connections and damage resulting from same; and

WHEREAS, Randolph desires to authorize the execution of said Amendment subject to any minor, non-substantive changes that may ultimately be included in the Agreement as approved by the Township Manager and Township Attorney.

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

1. The terms and conditions of a certain Amendment to the January 1, 2003, Agreement for the Use of the Jackson Brook Interceptor, dated May 7, 2009, are hereby approved, ratified and confirmed by the Township of Randolph.

2. The Mayor and Township Clerk are hereby authorized and directed to execute said Amendment, and said officers, together with all other officers, employees and independent contractors of the Township of Randolph are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

3. This Resolution shall take effect immediately.

O. Opposing New Jersey’s Plan to Re-Designate Emergency Responders’ Training Trust Fund for Other Purposes

R-161-09

WHEREAS, the Emergency Medical Technician (“EMT”) Training Fund was created by New Jersey P.L. 1992, Chapter 143 (N.J.S.A. 26:2K-54 et seq.), as a dedicated, non-lapsing, revolving fund, established to reimburse any private agency, organization or entity which is certified by the Commissioner of Health and Senior Services to provide training and testing for volunteer ambulance, first aid and rescue squad personnel who are seeking EMT certification and/or recertification; and

WHEREAS, the Fund has allowed thousands of volunteer EMTs to earn and maintain their EMT certification without incurring out-of-pocket personal expense and without the need for funding from their volunteer squad or municipality; and

WHEREAS, the EMT Training Fund is not supported through the use of any tax money, but rather is supported by a $0.50 surcharge on each fine, penalty and forfeiture imposed and collected by the State of New Jersey for motor vehicle or traffic violations and is currently running at approximately a $1,000,000.00 deficit per year; and

WHEREAS, on April 23, 2009, the Department of Health and Senior Services Office of Emergency Medical Services (OEMS) informed the New Jersey State First Aid Council of Governor Corzine’s intention to redirect $4,000,000.00 from the dedicated EMT Training Fund to the general treasury of the State of New Jersey leaving only a proposed $400,000.00 balance in the Fund; and

WHEREAS, a $400,000.00 balance in the EMT Training Fund is inadequate to meet the annual training needs of the volunteer EMTs of this state and will result in severe cut-backs of state-paid EMT training for New Jersey’s EMS Volunteer Community.

NOW, THEREFORE, BE IT RESOLVED, that the Randolph Township Governing Body formally opposes Governor Corzine’s plan to transfer money from the EMT Training Fund because of the detrimental effect this will have on the availability of EMT training for New Jersey’s Volunteer EMS Community.

BE IT FURTHER RESOLVED that Randolph Township opposes the intended re-appropriation of monies from the dedicated EMT Training Fund, which would shift the cost of volunteer EMT training to the Randolph Township rescue squad members, the municipality and its residents, which during this time of economic hardship, when squads continue to see a decrease in donations, contributions, and a short fall in fund raising, is fundamentally unfair to those who already volunteer their time to attend training courses and answer emergency calls and to require them to pay for their own training, when they already provide so much to their community, and which will, further, significantly impact the recruitment of new members, as well as retention of existing members since many will not be able to pay for their training.

BE IT FURTHER RESOLVED that the Governor and the Legislature of the State of New Jersey are requested not to remove any money from the EMT Training Fund and to return any money to the Fund that has already been removed for purposes other than those specified in New Jersey P.L. 1992, Chapter 143.

BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Governor Corzine, to our State Legislators, and to the New Jersey League of Municipalities.

P. Raffles

(1) Social Affairs Permit, St. Andrew Greek Orthodox Church, 1447 Sussex Turnpike, June 12, 2009, From 11:00 a.m. to 12:00 Midnight; June 13, 2009, From 12:00 p.m. to 12:00 Midnight; June 14, 2009, from 12:00 p.m. to 8:00 p.m.

(2) Randolph Kiwanis Club, 2009 Freedom Festival

(3) 50/50 Raffle, Randolph High School Golf Boosters, June 8, 2009, 6:00 p.m. to 10:00 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

Authorize Professional Services Agreement with Arthur Thibault, Jr., Esq.—Special Counsel—Police Department—Not to Exceed $12,000.00

Manager Lovell stated that a meeting was held with Mayor Metz and Deputy Mayor Alpert recently to discuss this position. The purpose of this position is to assist the Township as we go through the process of updating the rules and regulations and would act as legal counsel in the event of a disciplinary matter.

Councilman Napoliello asked how this position would impact Fred Knapp’s position.

Manager Lovell responded that Mr. Knapp has not been used in the past to deal with police rules and regulations. Mr. Knapp would continue as labor counsel dealing with all labor contracts, as that is his area of expertise. Mr. Thibault specializes in police issues and is recognized by the Chiefs’ Association for his outstanding work. There is a benefit for the Township to use someone who regularly deals with these types of issues. Rules and regulations is a very important set of documents upon which every decision in the way the police department is run is based.

Council indicated that Mayor Metz and Deputy Mayor Alpert will meet again to discuss the appointment of this position.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked if the items collected during clean-up week is picked up by the regular collection contractor and hauled to the dump.

Manager Lovell responded that services for clean-up week are built into the collection contract and that the items collected end up at a landfill.

Mrs. Stewart stated that she sees many items being left for pick-up that are still usable and suggested the Mayor appoint an advisory committee to look into ways that some of the discarded items could be collected and re-used instead of hauled to the garbage dump. Decreasing the amount of items left at the dump would decrease the amount Randolph pays for tipping fees.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier suggested the Community Services Advisory Committee be contacted regarding the recommendation made by Mrs. Stewart.

Councilman Napoliello responded that he is the liaison to the Community Services Advisory Committee and will bring the matter to their attention.

Councilwoman Price asked for Council feedback on the possibility of raising the donation for parking at the Freedom Festival fireworks to $10.00 per carload as recommended by the Parade Committee.

Councilman Algeier and Councilman Napoliello responded that increases have been discussed in the past, however they feel that with the present economy, $10.00 per carload is a lot of money and perhaps people would be more likely to park outside of the CCM complex.

Mayor Metz noted that a different township that holds a fireworks display has firemen in attendance asking for donations.

Councilman Algeier suggested that talking about this issue in May when the fireworks are in early July is difficult. It goes against the policy of trying not to vote for something on the same night a change is presented to the Council.

Manager Lovell suggested putting this item on the next agenda to allow time for Mr. Van Brunt to research it further.

Councilwoman Price asked if the billboard in town would be available in June to advertising the Freedom Festival.

Manager Lovell responded that the billboard is only available to the township in August and October.

Councilwoman Price asked that the Freedom Festival information be posted on the town web site well in advance of the event.

Mayor Metz suggested information about the Freedom Festival be placed on the community hotline and in the weekly email alerts.

Councilman Napoliello noted that when he met with the senior citizens, one of the township nurses was giving instructions on ways to prevent the N1H1 virus, including proper hand washing techniques. He would encourage everyone to visit the health department and get this information.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

The Mayor adjourned the meeting at 10:35 p.m.

________________________________
Donna Marie Luciani
Township Clerk