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

Minutes: October 7, 2008

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

PRESENT:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Mayor Napoliello

ABSENT:
Councilwoman Price
Deputy Mayor Metz

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

Mayor Napoliello led the Pledge of Allegiance.

PROCLAMATIONS

(1) Appreciation of the Randolph Country Fair Committee

Mayor Napoliello stated that when he took office in January 2008, he suggested holding a Country Fair. However, due to budget constraints, the Country Fair was eliminated. The Mayor approached the Randolph Rotary Club to see if they would be interested in taking this project on, and the immediately became involved. The Mayor thanked them for their efforts and read the following proclamation into the record to show his appreciation to the Randolph Rotary Club:

WHEREAS, in 2008, Mayor Allen Napoliello called upon the town to conduct a Country Fair; and

WHEREAS, due to severe budget constraints, funding could not be established for this special project; and

WHEREAS, the Mayor sought help from local organizations; and

WHEREAS, the Randolph Rotary Club stepped forward to undertake the Country Fair; and

WHEREAS, the Randolph Country Fair Committee was chaired by Greg Mohr, who went above and beyond what was expected, to not only lend his organizational skills and act as the liaison between the Committee and the Township, but to set up tents in the rain; and

WHEREAS, the Township Council wishes to express their sincere appreciation to the following Rotary Club Members:

Greg Mohr, Chairman
Bill Hepplewhite
Valerie Kilburn
Michael LoRicco
John Pravata
Michael Renda
Andrew Shaw
Robert Waite

NOW, THEREFORE, I, Allen Napoliello, Mayor of the Township of Randolph, join with the members of the Township Council in thanking the Randolph Country Fair Committee members for doing their part to make the Randolph Country Fair a wonderful event for the community and proving once again that Randolph is “Where Life Is Worth Living.”

Robert Waite, a member of the Randolph Rotary, stated that the Country Fair was a good experience and they received a good deal of positive feedback. He thanked the Mayor for his efforts, made him an honorary Rotarian, and presented him with a pin.

(2) Put the Brakes on Fatalities Day

WHEREAS, October 10, 2008, has been declared Put the Brakes On Fatalities Day by the Township of Randolph; and

WHEREAS, across the nation, traffic crashes caused more than 41,000 fatalities in 2007 and are the leading cause of death for young people ages 15 to 34; and

WHEREAS, in New Jersey, 724 individuals lost their lives in traffic crashes in 2007; and

WHEREAS, alcohol related crashes accounted for 28 percent of the State’s traffic fatalities, while 25 percent of all fatal crashes involved traveling at unsafe speeds; and

WHEREAS, motorcyclists, bicycle riders, and pedestrians face increased risks on New Jersey’s roadways, as people opt for alternative modes of transportation; and

WHEREAS, 78 motorcyclists, 12 bicyclists, and 144 pedestrians were killed in New Jersey in traffic-related crashes in 2007; and

WHEREAS, safer driving behaviors such as buckling up for every ride; obeying posted speed limits, avoiding aggressive driving behaviors and aggressive drivers, never drinking and driving; wearing proper safety gear when riding a motorcycle or bicycle; and focusing solely on driving by avoiding distractions, can dramatically reduce the number of traffic related injuries and deaths.

NOW, THEREFORE, BE IT RESOLVED that I, Allen Napoliello, Mayor of the Township of Randolph, in the County of Morris, New Jersey, in conjunction with the Randolph Township Police Department, do hereby proclaim October 10, 2008, as Put the Brakes on Fatalities Day and call upon everyone to put these lifesaving behaviors into practice to improve safety on the roadways, in our community, and throughout the State.

PRESENTATION BY LIBRARY BOARD ON THE ADDITION

Members of the Library Board of Trustees attending included: David DiFusco, President of Randolph Library Board of Trustees; Jill Harding, Secretary of Library Board of Trustees; Anita Freeman, Randolph Library Director; Craig Johnson, Library Board of Trustees member; Stephanie Pangaro, Library Board of Trustees member; Kathy Algeier, Library Board of Trustees member; and Evelyn Hammeran, Library Board of Trustees member.

Mr. DiFusco presented the Township Council with a check paying off the addition of the children’s wing and thanked the Council for all of their past support.

APPROVAL OF MINUTES OF REGULAR MEETINGS:

(1) September 4, 2008

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 Alpert
Councilwoman Mitsch
Councilman Obremski
Mayor Napoliello

ABSTAIN: Councilman Algeier

NAYS: None

ABSENT:
Councilwoman Price
Deputy Mayor Metz

(2) September 18, 2008

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

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

NAYS: None

ABSENT:
Councilwoman Price
Deputy Mayor Metz

APPROVAL OF MINUTES OF EXECUTIVE MEETING

(1) September 4, 2008

Councilman 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 Alpert
Councilwoman Mitsch
Councilman Obremski
Mayor Napoliello

ABSTAIN: Councilman Algeier

NAYS: None

ABSENT:
Councilwoman Price
Deputy Mayor Metz

OPEN TO PUBLIC

Hearing from no member of the public, the public portion was closed.

COUNCIL AND MANAGER REPORTS

Councilman Algeier noted that he suggested to the Township Clerk that approval for meeting minutes be voted on separately. He stated that over 200 municipalities in New Jersey have joined in the League of Municipalities lawsuit against the COAH regulations. There is a second suit spearheaded by Clinton Township. The Councilman stated that every student member position on the various committees has been filled except for Community Services. He publicly thanked Oscar Zavala and the Guidance Department at Randolph High School for their assistance in getting the word out to the student body about the available positions.

Mayor Napoliello noted that the Morris County League of Municipalities is hosting Reaching for the Stars to help raise funds to rehabilitate the planetarium at the County College of Morris. The event is scheduled for October 21 at 5:00 p.m. and tickets will cost $100.00.

Manager Lovell reported that the Technical Review Committee has met twice in the last month and two significant projects, the Skylands hotel and the renovation to the Randolph Diner, have been cleared.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #26-08: Amending Ordinance #23-08 “An Ordinance to Provide and Determine the Range of Compensation for Specified Officers and Employees in the Township of Randolph”

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

Manager Lovell noted that this ordinance will amend the salary and wage ordinance reflecting the negotiated contract settlement with the police unions.

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

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

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

AYES:
Councilman Algeier
Councilman Alpert
Councilwoman Mitsch
Councilman Obremskiv Mayor Napoliello

NAYS: None

ABSENT:
Councilwoman Price
Deputy Mayor Metz

B. Introduction

(1) Residential Development Fees for Low and Moderate Income Housing

Councilman Algeier stated that he has read the ordinance and has a number of questions he would like to discuss with the Township Attorney before introduction. He asked that introduction of the ordinance be delayed to the next meeting.

Manager Lovell indicated that he expects to meet with Robert Michaels in the next couple of weeks to discuss his reports on COAH and the Highlands. The reports will subsequently be presented to the Council to assist in making decisions regarding COAH and substantive certification. This ordinance will be introduced at the October 30 meeting .

(2) Economic Development Committee—Alternate Members

Manager Lovell noted that the Economic Development Committee requested the addition of two alternate member positions.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 11-84 ENTITLED ‘AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 7, BOARDS AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY’” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 13th of November, 2008, at 7:30 p.m. 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 in 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
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Mayor Napoliello

NAYS: None

ABSENT:
Councilwoman Price
Deputy Mayor Metz

COMBINED ACTION RESOLUTIONS

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

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

NAYS: None

ABSENT:
Councilwoman Price
Deputy Mayor Metz

A. Refunds/Adjustments Resolutions

(1) Refund Rental Fee for Freedom and Heistein’s Parks to 2008 Soccer Clinic Program—$2,525.00

R-337-08

WHEREAS, UK Elite Soccer, Inc., rented several fields for their organization at Freedom Park and Heistein’s Park for their 2008 Soccer Clinic Program (August 11-15, 2008) and paid the fee of $6,525.00; and

WHEREAS, UK Elite Soccer, Inc., opted not to utilize Freedom Park.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $2,525.00 be refunded to UK Elite Soccer, Inc., 210 Malapardis Road, Cedar Knolls, NJ 07927.

(2) Release Escrow Funds for Block 18, Lot 16, to Towne Motors, Inc., Brauer Family—$1,636.50

R-338-08

WHEREAS, the Planning and Zoning Department received escrow funds from Towne Motors, Inc., Brauer Family, for Block 18, Lot 16, in the amount of $2,000.00; 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 in the amount of $1,636.50 be refunded to Towne Motors, Inc., Brauer Family, 1499 Route 46, Ledgewood, NJ 07852.

(3) Release Escrow Funds for Block 5, Lots 1, 2, and 3, to Golf 10 Randolph—$194.25

R-339-08

WHEREAS, the Planning and Zoning Department received escrow funds from Golf 10 Randolph, LLC, for Block 5, Lots 1, 2 and 3, in the amount of $2,500.00; 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 in the amount of $194.25 be refunded to Golf 10 Randolph, LLC, Randolph Family Golf Center, 5 Heather Lane, Randolph, NJ 07869.

(4) Release Escrow Funds for Block 49, Lot 2.02, to T-Mobile USA, Omni Communications—$4,534.50

R-340-08

WHEREAS, the Planning and Zoning Department received escrow funds from T-Mobile USA, Inc., for Block 49, Lot 2.02, in the amount of $1,000.00; 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 in the amount of $4,534.50 be refunded to T-Mobile USA Inc., Omni Communications, 12920 SE 38th Street, Bellevue, WA 98006.

(5) Release Escrow Funds for Block 195, Lot 20, to Morristown Shopping Center Development Co., Inc.—$2,000.00

R-341-08

WHEREAS, the Planning and Zoning Department received escrow funds from Morristown Shopping Center Development Company, Inc., in the amount of $2,000.00; 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 in the amount of $2,000.00 be refunded to Morristown Shopping Center Development Company, Inc., 237 South Street, Morristown, NJ 07960.

(6) Refund Overpayment as a Result of Reduction of 2006 Taxes on 340 Quaker Church Road to Randolph Village Corp.—$36,790.00

R-342-08

WHEREAS, Randolph Village Corp. has been granted a reduction in assessed valuation for the tax year 2006 by the Tax Court of New Jersey on Block 77, Lot 36, known as 340 Quaker Church Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $36,790.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $36,790.00 to Randolph Village Corporation.

(7) Refund Overpayment as a Result of a Reduction on 2007 Taxes on 340 Quaker Church Road to Randolph Village Corp.—$72,324.00

R-343-08

WHEREAS, Randolph Village Corp. has been granted a reduction in assessed valuation for the tax year 2007 by the Tax Court of New Jersey on Block 77, Lot 36, known as 340 Quaker Church Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2006 in the amount of $72,324.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $72,324.00 to Randolph Village Corporation.

(8) Release Escrow Funds for Block 55, Lot 22, to Wayne Weisenbach—$1,000.00

R-344-08

WHEREAS, the Planning and Zoning Department received escrow funds from Wayne Weisenbach for Block 55, Lot 22, in the amount of $1,000.00; 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 in the amount of $2,000.00 be refunded Wayne Weisenbach, 31 Dover Chester Road, Randolph, NJ 07869.

(9) Reserve for Preliminary Expenses—Mt. Freedom/Sussex Turnpike Sewer Design—$75,000.00

R-345-08

WHEREAS, the Township Council of the Township of Randolph hereby acknowledges the requirement of preliminary costs to determine the scope and cost of a proposed undertaking. The purpose of these preliminary costs are for the Mt. Freedom/ Sussex Turnpike Sewer Design and that the amount to be charged is for the purpose for which bonds may be issued under Chapter 2 of Title 40A.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the amount appropriated for preliminary costs shall not exceed $75,000.00 and the Finance Director is authorized to set up a reserve for preliminary expenses out of the Reserve for In Lieu of Sewers.

(10) Release Escrow for Block 112, Lot 6, to Randolph Realty—$1,825.25

R-346-08

WHEREAS, the Planning and Zoning Department received escrow funds from Randolph Realty for Block 112, Lot 6, in the amount of $26,500.00; 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 in the amount of $1,825.25 plus interest be refunded to Randolph Realty, 55 S. Finley Avenue, Basking Ridge, NJ 07920.

(11) Release Road Opening Bond for 7 Corwin Street to Wogisch—$500.00

R-347-08

WHEREAS, the Engineering Department has received a request from Raymond Wogisch for the release of a $500.00 cash road opening bond posted for the installation of driveway pavers at 7 Corwin Street; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on September 12, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Raymond Wogisch, 7 Corwin Street, Ironia, NJ 07945.

(12) Release of Tree Replacement Bonds to Owners of Various Properties—$2,600.00

R-348-08

WHEREAS, the Engineering Department has received a request for the release of bonds posted for replacement trees; and

WHEREAS, the cash bonds were received and deposited with the Finance Department on:

and

WHEREAS, the Engineering Department has inspected the properties and found that all 13 replacement trees have been planted.

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 tree replacement bonds in the amount of $2,600.00 be refunded to Jane Gooding, Judy Larney, Michael Harr, Jennifer Nicholas, and Deidra Birdwell.

(13) Refund Sewer Connection Fee to Kimber Petroleum Corp. for 379 Quaker Church Road—$7,700.00

R-349-08

WHEREAS, the Randolph Township Engineering Department received a check from Kimber Petroleum Corporation in the amount of $7,700.00 for a sewer connection fee for 379 Quaker Church Road, Block 73, Lot 32; and

WHEREAS, the sewer connection fee for 379 Quaker Church Road, Block 73, Lot 32, in the amount of $7,700.00 was paid on August 13, 2008; and

WHEREAS, upon review of the project file it was discovered that the sewer connection fee for this lot was paid on February 29, 2000.

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 Ralph Carchia, Engineering Administrator, that the sewer connection fee for Block 73, Lot 32, in the amount of $7,700.00 be refunded to Kimber Petroleum Corporation, c/o Lisa Franz, P.O. Box 860, Liberty Corner, NJ 07938.

B. Authorizing the Township to Lease Four Copiers for the Municipal Building and Police Department From Ikon Office Solutions—$61,499.52

R-350-08

WHEREAS, the Township of Randolph wishes to lease four copiers from Ikon Office Solutions, Inc., using State Contract #A64039 for a period of forty-eight months plus two months deferral; and

WHEREAS, the total of this contract is $1,281.24 per month for a period of forty-eight months, for a total of $61,499.52; 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 purchase from New Jersey State Contract #A64039 using Ikon Office Solutions, Inc.

BE IT FURTHER RESOLVED that the Mayor is authorized to sign this contract.

C. Authorizing the Township of Sparta to Auction Off Several Vehicles And Additional Items That Are No Longer Needed

R-351-08

WHEREAS, the Township of Randolph is the owner of the following vehicles and miscellaneous items which are no longer needed for public use:

Additional Items:

1—8' Ford F Series P/U Body—Used
1—8' Ford F Series P/U Body—New
3—20.5-25 John Deere Loader Tires with Rims
3—90 gallon calcium tanks

WHEREAS, the Township desires to authorize the sale of the above-described vehicles and miscellaneous items at public sale pursuant to NJSA 40A:11-36 to the highest bidder; and

WHEREAS, the Township authorizes the Township of Sparta to perform the auction on October 18, 2008, as a joint venture; and

WHEREAS, the Township agrees to pay an auctioneer and administrative fee of ten (10) percent based on total gross receipts plus advertising costs of $1,500.00 and legal fees of approximately $500.00 to be divided among participants based on percentage of gross receipts.

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

1. The Township hereby declares the surplus equipment is no longer needed for public use.

2. The Township authorizes the transfer of the above vehicles to Sparta to be auctioned by a professional auctioneer on October 18, 2008.

3. The Township shall retain the right to reject all bids.

D. 2008 Budget Amendment—County of Morris—Community Development Block Grant—Rehabilitation of Existing Sidewalk on Center Grove Road

R-352-08

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2008 Budget.

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2008 in the sum of $80,000.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated With Prior Written Consent of Director of Local Government Services—Public and Private Revenue Off-Set With Appropriation: County of Morris Community Development Block Grant—Sidewalk Rehabilitation

SECTION II

BE IT FURTHER RESOLVED that a like sum of $80,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded From “CAPS”
Public and Private Programs Off-Set by Revenues: County of Morris Community Development Block Grant—Sidewalk Rehabilitation

E. Authorize Professional Services Agreement to Award the Sussex Turnpike Sewer Design Project to Omland Engineering—$52,500.00

R-353-08

WHEREAS, the Township of Randolph has a need to acquire Omland Engineering Associates, 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, Omland Engineering Associates, Inc., has indicated they will provide the Surveying and Engineering Services with regard to the Sussex Turnpike Sanitary Sewer Extension Project for an amount not to exceed $52,500.00; and

WHEREAS, Omland Engineering Associates, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Omland Engineering Associates, 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 Omland Engineering Associates, 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 Omland Engineering Associates, 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.

F. Amending a Professional Services Agreement With Amy Green Environmental Consultants, Inc., in Connection With Heistein’s Park

R-354-08

WHEREAS, a Professional Services Agreement was awarded to Amy S. Green Environmental Consultants, Inc., on June 7, 2007, for professional engineering services in connection with Heistein’s Park in accordance with her proposal dated May 16, 2007; and

WHEREAS, an amendment was approved on September 4, 2008, for $3,500.00; and

WHEREAS, the need exists to amend the agreement to include an extended topographic survey and floodway data in accordance with a proposal provided on March 12, 2008; and

WHEREAS, the fees for this service will be $3,250.00 for a new total of $17,750.00; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, County of Morris, State of New Jersey, that Change Order #2, not to exceed $3,250.00 for a new total of $17,750.00, be approved.

G. Award Professional Services Agreement to Ben Horten Architecture & Design for DPW Garage/Office—Not to Exceed $9,000.00

R-355-08

WHEREAS, the Township of Randolph has a need to acquire Ben Horten Architecture & Design 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, Ben Horten Architecture & Design has indicated they will provide the Architectural Services for the DPW Garage/Office for an amount not to exceed $9,000.00; and

WHEREAS, Ben Horten Architecture & Design has completed and submitted a Business Entity Disclosure Certification which certifies that Ben Horten Architecture & Design 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 Ben Horten Architecture & Design 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 Ben Horten Architecture & Design 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.

H. Award Contract for Quaker Church Road Sidewalk Improvements to Diamond Construction, Dunellen, New Jersey—$63,900.00

R-356-08

WHEREAS, the Township wishes to award a contract for Quaker Church Road Sidewalk Improvements; and

WHEREAS, bids have been advertised and were received on September 16, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, ten bid packets were mailed and seven bids were received with Diamond Construction, Dunellen, New Jersey, being the low bidder at a total base bid of $63,900.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Diamond Construction, Dunellen, New Jersey, at a total contract price of $63,900.00.

I. Authorizing the Treatment Works Approval (TWA) for a Sanitary Sewer Extension on Shongum Road

R-357-08

WHEREAS, the Township of Randolph Engineering Department has completed the design phase for an eight inch sanitary sewer main extension to be constructed in Shongum Road seven hundred and fifteen feet linear feet in length; and

WHEREAS, the Township of Randolph must apply to the New Jersey Department of Environmental Protection for a Treatment Works Approval for the extension of the existing eight inch sanitary sewer main; and

WHEREAS, in order for the New Jersey Department of Environmental Protection (“NJDEP”) to consider the extension, the same must be endorsed by the Township, among others; and

WHEREAS, the Township desires to authorize the execution of the endorsement of said extension.

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 hereby endorses a request for an extension of a sanitary sewer extension for a Treatment Works approval for an extension of the existing sanitary sewer eight inch main located in Shongum Road, Block 201, Lots 44-47, and Block 119.01, Lots 2-5, of the official tax map of the Township of Randolph.

2. The Township Manager is hereby authorized and directed to execute the appropriate endorsements for the Treatment Works Approval, together with other appropriate officers and employees of the Township of Randolph, are hereby authorized and directed to take all actions necessary to effectuate the purposes of this resolution.

3. This resolution shall take effect immediately.

J. Raffles

(1) On-Premise Basket Raffle, The Gill St. Bernard’s Parents’ Association, Inc., on November 5, 2008, From 10:00 a.m. to 3:00 p.m. at the Meadow Wood Manor, 461 Route 10 East, Randolph, NJ

OPEN TO PUBLIC

Hearing from no member of the public, the public portion was closed.

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted that the Planning Board will be voting on the Grecco application shortly and had directed Mr. Grecco to contact the Manager to discuss the tree ordinance and tree fund. The Councilman asked the Manager if that discussion had taken place.

Manager Lovell responded that he and Mr. Grecco had an initial discussion but did not get far with negotiations. He will contact Mr. Grecco’s attorney to reopen the discussion.

Councilman Algeier noted that the Township Manager gave a presentation to the Planning Board concerning an issue of a township structure in Ironia that was unsatisfactorily renovated. Changes to that project were well received and new ideas were provided.

Mayor Napoliello noted that currently there is no notification process for projects like the structure in Ironia. He asked the Council whether or not such a notification process should be in place for certain projects.

Manager Lovell responded that in the future, when capital improvements are being discussed, part of that discussion will center on reasonable notification on an individual basis.

ADJOURNMENT

The Mayor adjourned the meeting at 9:00 p.m.

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Donna Marie Luciani
Township Clerk