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

Minutes: September 29, 2009

A regular meeting of the Randolph Township Council was called to order at 8:00 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.

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

ABSENT: Councilwoman Price

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

Mayor Metz led the Pledge of Allegiance.

APPROVAL OF REGULAR MEETING MINUTES

(1) September 3, 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
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABBSTAIN: Councilman Algeier

ABSENT: Councilwoman Price

(2) September 15, 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:
Councilman Algeier
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor Alpert
Mayor Metz

NAYS: None

ABSENT: Councilwoman Price

Mayor Metz introduced Joe DeFeo and Deb Sprung, members of the Economic Development Committee who were in attendance at the meeting. The Mayor noted that the EDC has been proactive in their support of local businesses during these tough economic times. He thanked the members for their efforts and volunteerism.

Mayor Metz thanked the Randolph Rotary for once again sponsoring the Randolph Country Fair to be held on October 3.

PRESENTATION: Connor Higgins—Randolph High School Student

Councilman Algeier noted that he and Councilman Napoliello attended an event at the Morris County Chamber of Commerce where there was recognition given to a group of high school students who had participated in a business program sponsored by State Farm Insurance. Connor Higgins, a Randolph High School senior, had participated in the program and the Councilman thought it worthwhile to recognize Mr. Higgins for his achievement.

Connor Higgins eloquently described the business workshop and the product his group developed for this event. He noted that his group won an award for best product and he was given the Mary Jane Donnelly Award and a scholarship for being chosen as the biggest contributor on the team.

Councilman Napoliello stated that Mr. Higgins’s presentation at the Chamber of Commerce was excellent and noted that Randolph can be proud of him.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that the agenda shows a student member being appointed to the Community Services Advisory Committee and thanked the Council.

Wendy Whiting, 66 Musiker Avenue, Chairperson of the Open Space Committee, noted that the Open Space Committee had several questions regarding the up-coming referendum question on the November ballot. The Committee would like to know how the monies are going to be managed and how the Council would manage the money on a township level.

Manager Lovell responded that money in the trust at this time that has been collected for open space is dedicated to the reduction of debt associated with open space. If the referendum is approved by the voters, future dollars will be re-assigned to either open space acquisition or open space management improvements or parks improvements. Each year the Council will look at the capital improvement program during the budget process and determine how that budget is to be appropriated. Mr. Lovell noted that the Township has done a great job of building parks and acquiring open space, but there is also an obligation to be good stewards and maintain those parks and open space. This new program would also not eliminate the purchase of future open space.

Mrs. Whiting asked members of the Council to state whether it is their intent to go on a year-by-year basis to see where the needs are or whether Council members would rather see the funds separated on the local books.

Mayor Metz responded that there is a limited amount of open space left to acquire in Randolph while there is an increasing need to maintain the open space that is currently owned. This referendum will allow greater flexibility in the use of the money raised. During the budget process each year going forward, the Council will assess whether or not there is open space to be acquired and, if so, how much money should be budgeted for that acquisition. They will also determine each year how much money should be budgeted for the maintenance of currently owned open space.

Councilwoman Mitsch noted that the Council manages capital improvement projects strategically on a multi-year basis. She stated that the Council is always receptive to acquiring new open space, however the Council currently faces the financial challenge of maintaining those open space and recreational assets.

Councilman Obremski stated that a possible option could be, at least on the local level, to show separate amounts for the parks redevelopment trust fund and the open space fund. State reporting requires one total. The council would have the discretion at any time to transfer funds between accounts as necessary.

Councilman Napoliello noted that the open space tax was reduced last year. He believes voters should understand that nothing will change dollar-wise with this referendum regardless of the outcome.

Deb Sprung, 2 Westminster Drive, believes residents should understand that the value of their homes depend in part on the maintenance of the infrastructure in the town.

Susan Grassmyer, 22 Forrest Road, asked if the ordinance establishing an advisory committee for white-tail deer control is going to be discussed this evening.

Manager Lovell responded that it will be discussed this evening and introduced on October 6.

Judith Stewart, 114 Everdale Road, stated that Randolph is a very livable community in part because of the way Randolph has been developed. She supports the up-coming referendum to allow for the maintenance of the parks and open space.

Lee Whilden, 82 Radtke Road, stated that part of the money will go towards historic preservation, another form of open space. She believes this to be vital for the community and for the education of people coming to this community in the future.

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

COUNCIL AND MANAGER REPORTS

Councilman Napoliello reported that he met with the new Commander for the Picatinny Arsenal who announced that Picatinny is expanding to include a division of the Navy. The Arsenal is going to be asking surrounding communities for support in their various military efforts and Councilman Napoliello is part of a committee that will assist them in that process.

Mayor Metz met with the Library Board of Trustees. The Library Board expressed concern about being asked to adopt a resolution to hire Ben Horten as an architect for the renovations and why it wasn’t being done on a town level.

Manager Lovell responded that an agreement was reached last summer where the board indicated support and funding for the project. However, the Board feels that the Council should enter into a contract with the architect. The Manager is meeting with the Library Board and Mr. Horten in the near future to obtain their input while trying to tie the Library to the renovations at the Community Center.

Manager Lovell reported that a tax sale was held and the township was successful in obtaining a parcel Council was interested in for possible open space. The Manager reported that Morris County has a reverse-911 program in place and it is available to Randolph Township for use in an emergency situation. However, the reverse-911 system will work only for landline telephones. A notice has been put on the Randolph web site about the emergency notification program explaining the landline situation and cites a state web site as well as our existing email alert system for cell phone users to receive emergency notifications. The Manager will also ask the school district to put that message on their email alert system.

Mayor Metz suggested the Manager and Council draft any message that will be sent using the school’s email alert system.

Manager Lovell reported a successful flu vaccination program at India Brook Village with more than 400 families participating. Vaccines are currently running low and the Health Department will notify the residents that more vaccines will be arriving in October and November. The H1N1 vaccine will also come out on a limited basis and those individuals at risk will receive the vaccine first.

Mayor Metz noted that those born before 1957 are considered to be at extremely low risk for contracting the H1N1 virus.

Manager Lovell reported that the Morris County Open Space Committee recently came to Randolph and were shown the Morris Habitat project site. There will be a presentation to the board in mid-October. The Manager would like to bring Ben Horten to meet with the Council in October to discuss the renovations being proposed for the Community Center and Library. A meeting with the School Board is scheduled for later in the week and the Manager intends to discuss the still open issue of utility fees.

COMBINED ACTION ITEMS

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

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

NAYS: None

ABSENT: Councilwoman Price

A. Release Road Opening Cash Bond for a Sewer Connection at 8 Shongum Road to Jeffrey Drew—$500.00

R-323-09

WHEREAS, the Engineering Department has received a request from Carmen Drew for the Release of a $500.00 cash road opening bond posted for sewer connection; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 20, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sewer connection 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 Jeffrey Drew, 8 Shongum Road, Randolph, NJ 07869.

B. Authorizing the Township of Sparta to Sell Randolph Township Vehicles at Public Auction

R-324-09

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

2 Drum 55 (Gallon) Poly Storage Container
Valk F510 10' One Way Plow
Valk F510 10' One Way Plow
Western 8' Unimount Plow
Western 9' Pro Plus Plow

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 17, 2009, 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 17, 2009.

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

C. Authorizing Award of Professional Services Agreement to Ben Horten Architecture & Design—Library Structural Analysis of Roof to Accommodate Solar Panels—Not to Exceed $2,800.00 (Reimbursed by Library)

R-325-09

WHEREAS, the Township of Randolph has a need to acquire Ben Horten Architecture and 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 in addition to others 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 and Design has indicated they will provide the Architectural Services for the Structural Feasibility of Adding Solar Panels to the Randolph Library Roof for an amount not to exceed $2,800.00 plus reimbursable expenses; and

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 29, 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 Library Budget - Other Expenses, to award a contract to Ben Horten Architecture and Design for Architectural Services to Determine the Structural Feasibility of Adding Solar Panels to the Randolph Library Roof in the amount not to exceed $2,800.00 plus reimbursable expenses.

____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing Award of Professional Services Agreement to Ben Horton Architecture & Design for the Purpose of Providing Architectural Services for the Library Facade & Canopy—Not to Exceed $9,200.00 (Reimbursed by Library)

R-326-09

WHEREAS, the Township of Randolph has a need to acquire Ben Horten Architecture and 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 in addition to others 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 and Design has indicated they will provide the Architectural Services for the Library Facade for an amount not to exceed $9,200.00; and

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 29, 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 Library Budget - Other Expenses, to award a contract to Ben Horten Architecture and Design for Architectural Services for the Randolph Library Facade in the amount not to exceed $9,200.00.

____________________________
Michael J. Soccio
Chief Financial Officer

E. Raffles

(1) Off-Premise 50/50, St. Matthew the Apostle Parish, December 20, 2009, at 5:00 p.m., 335 Dover Chester Road, Randolph

(2) 50/50 Raffle, Randolph High School Band Parents Association, October 10, 2009, 6:30 p.m. to 10:00 p.m., 511 Millbrook Avenue, Randolph

(3) Off-Premise 50/50, Randolph Chemical Engine Co. #3 Ladies Auxiliary, December 20, 2009, 2:00 p.m., 670 Millbrook Avenue, Randolph

(4) Off-Premise Merchandise Raffle, Randolph Chemical Engine Co. #2, December 13, 2009, 7:00 p.m., 340 Route 10, Randolph

(5) Off-Premise Merchandise Raffle, Randolph Engine Co. #5, January 18, 2010, 7:30 p.m., 118 West Hanover Avenue, Randolph

REVIEW AND SET PROPOSED AGENDA FOR OCTOBER 6, 2009 REGULAR MEETING

Manager Lovell summarized the items on the agenda, which included:

• A second reading for the ordinance pertaining to the donation of clothing bins
• A second reading for the ordinance pertaining to stopping and standing prohibited on West Hanover Avenue
• Introduction of a zone change ordinance
• Introduction of an ordinance creating an advisory committee for white-tail deer control
• Introduction of an ordinance that will change some job titles within the organization

Councilman Algeier asked if the ordinance prohibiting stopping and standing on West Hanover was driven by safety concerns and not by any other reason.

Manager Lovell responded that it is absolutely a safety issue that has been discussed with Chabad, who sees benefit to this ordinance.

DISCUSSION

A. Brundage House Museum

Manager Lovell reported that the Historical Society of Old Randolph would like to obtain a lease agreement between the Township and their organization for the museum at the Brundage House. The Manager met with Mrs. Lee Whildin recently and expressed the following points regarding such an agreement:

• Leasing of the first floor as well as a storage area in the basement is possible
• The second floor houses a tenant and will not be leased
• The exterior grounds are a part of Freedom Park and will not be leased
• There is the possibility of a ten-year lease agreement with a ten-year renewable clause built in
• He expressed hope that the organization will remain vital in future years

Mayor Metz asked what the benefit of a lease would be to the Historical Society.

Manager Lovell responded that when the Historical Society applies for grants, the lease would give legitimacy to the museum in that it indicates a long-term commitment to be in that building.

Mrs. Whilden made the following comments on behalf of the Historical Society:

• Current membership in the organization stands at 42
• The Historical Society owns the museum and provides for it
• Many groups and organizations come to the museum for tours
• The museum fulfills educational requirements for the schools
• The Historical Society began a new program touring the various landmarks in Randolph
• The museum houses artifacts dating back to George Washington
• When applying for grants from the state and county, a lease would show that the organization has stability

Councilman Algeier stated that he would like more information about the process the Historical Society must go through for pre-qualification so that he has a better understanding of what is needed. The Councilman expressed concern that the township would be placed in a position where it would be obligated in the future to maintain a building in need of repair when budget money is tight.

B. Deer Hunt Update

(1) Rules and Regulations

Manager Lovell reported that letters have been sent to residents living adjacent to James Andrews Park and Clyde Potts Reservoir advising them of the upcoming deer hunts. The areas will be posted accordingly during the next month. The rules and regulations for the hunt that will occur in the Brundage Park area closely follow the Morris County park system rules and regulations with the exception that Randolph will run a bow hunt instead of a shot gun hunt. Dates for the hunt will be set shortly.

(2) Susan Grassmyer—Concerned Deer Control Advocates

Manager Lovell noted that he is open to suggestions amending the proposed ordinance creating an advisory committee for the control of white-tail deer so that it will incorporate everyone’s interests.

Councilman Napoliello stated that he is in favor of culling the deer herd but doesn’t believe the creation of an advisory committee is necessary and results could be achieved with the creation of an ad hoc committee that would report to the Parks Committee.

Councilman Algeier stated that he doesn’t feel strongly one way or another about the creation of an advisory committee, although he feels an ad hoc committee would get the process moving forward more quickly.

Mayor Metz agreed that it should be done as quickly as possible.

Councilman Algeier suggested keeping the advisory committee on the agenda for October 6 and, in the meantime, ask the Manager to provide an alternative approach for discussion next week.

The Mayor opened the meeting to the public for discussion.

William Grassmyer, 22 Forrest Road, asked if there were any details on the upcoming hunt in the Brundage Park area.

Manager Lovell responded that a bow hunt can not start in that area until the cross country season is over for the school athletes. A bow hunt will most likely occur in December and run for six weeks.

Susan Grassmyer, 22 Forrest Road, supports creating an ad hoc committee in the interest of time and offered her help in obtaining responsible people for that committee.

Barbara Peccha, 3 Iron Forge Lane, expressed concern that an advisory committee would take too long to get moving on this issue and supports the creation of an ad hoc committee.

Manager Lovell doesn’t believe Randolph is moving too slowly on the deer issue and made the following points:

• There was virtually no hunting in Randolph a few years ago
• James Andrews Park is entering their third year of a hunt
• The addition of a hunt at Clyde Potts has added 1,150 acres to the hunt
• There will be an additional 400 acres with the Brundage Park hunt
• Advisory committees offer a great value to the township
• An ad hoc committee with too many members may not be able to agree on issues
• A committee reporting directly to the Council would be desirable
• This is not a problem that will be solved in one year, it is an on-going problem that will take years before real success can be measured

A long-time resident on Radtke Road noted that she has a deer problem in her area and believes the township is not working fast enough to deal with the problem. She encouraged the Council to read the information provided by Mrs. Grassmyer.

Barbara Peccha, 3 Iron Forge Lane, asked if there was a method in place for reporting the results of the hunts.

Councilman Obremski responded that an advisory committee would have a Council liaison who would provide monthly reports during regular Council meetings, which are always open to the public.

Susan Grassmyer, 22 Forrest Road, suggested forming an ad hoc committee as well as forming an advisory committee.

Councilman Obremski provided information on the successful way the ad hoc committee worked with the Traffic Advisory Committee on the issue of the intersection at Route 10 and Dover Chester Road. However, he expressed concern with getting a committee going just for the sake of getting something going. He noted that the three hunts already scheduled are going to take place and will be built upon in the future. The Councilman would like to see a committee working with controls and structure in place in order to avoid a disorderly hunt in town.

Councilwoman Mitsch expressed her belief that the hunts will show a significant increase of deer taken and that the problem can not be solved in one season.

Emil Ruesch, 29 Forrest Road, expressed disappointment in the way the Council is handling the deer hunt and the establishment of a committee and suggested they consider the information provided by Mrs. Grassmyer.

Mayor Metz noted that the Council received Mrs. Grassmyer’s letter today and has not had a chance to review it as yet. However, he assured the residents that the Council will consider all the information provided and continue with the issue at the next meeting.

The Mayor closed the meeting to the public.

APPOINTMENT: Matthew Klein as Student Member of the Community Services Advisory Committee

Councilman Algeier nominated Matthew Klein as a student member on the Community Services Advisory Committee. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Price

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

There were no Council or Manager reports.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

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

_____________________________
Donna Marie Luciani
Township Clerk