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

Minutes: September 4, 2008

A regular meeting of the Randolph Township Council was called to order at 7:00 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 August 26, 2008, by emailing them the change in start time to 7:00 p.m. 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 Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

ABSENT: Councilman Algeier

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

Mayor Napoliello led the Pledge of Allegiance.

CLOSE TO THE PUBLIC

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the following portion of the meeting.

2. The general nature of the subject matter to be discussed is as follows:

a. Contract Negotiations/FOP

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Councilman Alpert made a motion to move into Executive Session. Deputy Mayor Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

Councilwoman Price made a motion to come out of Executive Session. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

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

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

NAYS: None

ABSENT: Councilman Algeier

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #24-08: Authorizing the Acquisition of Wright Property

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 147, LOT 14, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (WRIGHT PROPERTY)” 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, noted that the public hearing should be held at 8:00 p.m.

Mayor Napoliello agreed to conduct the public hearing at 8:00.

COMBINED ACTION RESOLUTIONS

Deputy Mayor Metz made a motion to approve the combined action resolutions. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

A. Refunds/Adjustments Resolutions

(1) Refund Overpayment of 2008 Taxes for 961 Route 10 to RIC Associates, LLC—$7,388.22

R-281-08

WHEREAS, RIC Associates, LLC, has overpaid 2008 taxes in the amount of $7,388.22 due to subdivision on Block 44, Lot 51, 961 Route 10; 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 $7,388.22 to RIC Associates, LLC.

(2) Refund Overpayment of Taxes for 12 Blue Bird Court to Gary Vega for $2,813.85

R-282-08

WHEREAS, Gary Vega has overpaid 2008 taxes in the amount of $2,813.85 on Block 112, Lot 17.07, 12 Blue Bird Court; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,813.85 to Gary Vega.

(3) Refund Overpayment of Taxes for 14 Seneca Trail to William and Mary Ann Marcello—$6,336.85

R-283-08

WHEREAS, William and Mary Ann Marcello have overpaid 2008 taxes by reason of tax exempt veteran in the amount of $6,336.85 on Block 27, Lot 66, 14 Seneca Trail; 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 $6,336.85 to William and Mary Ann Marcello.

(4) Refund Overpayment of Taxes for 10 Shadowbrook Way to Weichert Relocation Resources—$5,912.41

R-284-08

WHEREAS, Weichert Relocation Resources, Inc., has overpaid 2008 taxes in the amount of $5,912.41 on Block 40, Lot 4.29, 10 Shadowbrook Way; 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 $5,912.41 to Weichert Relocation Resources, Inc.

(5) Release Road Opening Cash Bond for 7 Nina Place to William Leuze—$300.00

R-285-08

WHEREAS, the Engineering Department has received a request from William Leuze for the release of a $300.00 cash road opening bond posted for a sidewalk repair at 7 Nina Place; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on June 30, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sidewalk repair 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 $300.00 be refunded to William Leuze, 7 Nina Place, Randolph, New Jersey 07869.

(6) Refund Escrow Funds for 8 Middlebury to SEA Middlebury—$2,731.47

R-286-08

WHEREAS, the Planning and Zoning Department received escrow funds from SEA Middlebury, LLC, for Block 18.01, Lot 1.04, in the amount of $2,731.47; 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 $2,731.47 be refunded to SEA Middlebury, LLC, 16 Windjammer Lane, Mt. Arlington, NJ 07856.

(7) Refund Escrow Funds for 1178 Route 10 West to Black River Barn—$4,102.50

R-287-08

WHEREAS, the Planning and Zoning Department received escrow funds from the Black River Barn for Block 1, Lot 1, in the amount of $4,102.50; 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 $4,102.50 be refunded to the Black River Barn, 1178 Route 10 West, Randolph, NJ 07869.

(8) Refund Road Opening Cash Bond for 33 Lake Shore Drive South to Millbrook Landscaping—$300.00

R-288-08

WHEREAS, the Engineering Department has received a request from Millbrook Landscaping for the release of a $300.00 cash road opening bond posted for driveway widening at 33 Lake Shore Drive South; and

WHEREAS, the road opening bond consisted of a $300.00 cash bond, which was received and deposited with the Finance Department on June 26, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway widening 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 $300.00 be refunded to Millbrook Landscaping, 140 Mountainside Drive, Randolph, NJ 07869.

(9) Refund Overpayment of Taxes on 3 Lexington Court to Vincent and Marisa Crescenzi—$5,762.17

R-289-08

WHEREAS, Vincent and Marisa Crescenzi have overpaid 2008 taxes in the amount of $5,762.17 on Block 51.02, Lot 14, 3 Lexington Court; 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 $5,762.17 to Vincent and Marisa Crescenzi.

(10) Release Cash Bond for Work Site Work at 87 Mountainside Drive to Carmine Zammiello—$25,000.00

R-290-08

WHEREAS, the Engineering Department has received a request from Carmine Zammiello for the release of a $25,000.00 cash certificate of occupancy bond posted for the completion of site work at 87 Mountainside Drive; and

WHEREAS, the certificate of occupancy bond consisted of a $25,000.00 cash bond, which was received and deposited with the Finance Department on February 20, 2008; and

WHEREAS, the applicant was required to post this cash bond to guarantee the completion of the site work associated with the project’s site plan; and

WHEREAS, the Engineering Department has inspected the site 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 certificate of occupancy bond in the amount of $25,000.00 be released to Carmine Zammiello, 87 Mountainside Drive, Randolph, NJ 07869.

B. Authorizing Disbursement of Funds From the Township Housing Trust Fund for the Purpose of Retaining Robert Michaels Associates to Review Recently Amended COAH Regulations in Preparation of Revising Township’s Housing Element and Fair Share Plan

R-291-08

WHEREAS, the recently amended N.J.A.C. 5:96-16.2(a) states that in order to remain under the jurisdiction of the Council on Affordable Housing (COAH), a municipality that petitioned for but did not receive third round substantive certification shall re-petition with an amended third round Housing Element and Fair Share Plan on or before December 31, 2008; and

WHEREAS, the Township wishes to retain Robert Michaels & Associates for the purpose of reviewing the recently amended COAH regulations in preparation for revising the Township’s Housing Element and Fair Share Plan; and

WHEREAS, the expenditure of administrative funds from the Housing Trust Fund for such purpose is consistent with the Amended Development Fee Spending Plan adopted by the Township Council on July 31, 2003, and approved by COAH on August 27, 2003.

NOW, THEREFORE, BE IT RESOLVED that the Finance Director shall be authorized to disburse funds for the project from the Township Housing Trust Fund.

BE IT FURTHER RESOLVED that a copy of this resolution shall be provided to the Finance Director.

C. Authorize Grant Application—NJ Highlands Council $15,000.00 Initial Assessment Grant

R-292-08

WHEREAS, the Township of Randolph has considered application for an Initial Assessment Grant from the New Jersey Highlands Council; and

WHEREAS, the Initial Assessment Grant Program will fund preliminary municipal plan conformance activities for lands within the preservation area where conformance is mandatory, as well as in the planning area where plan conformance is voluntary; and

WHEREAS, the grant will allow the municipality to engage its professionals to assess the requirements and benefits of plan conformance; and

WHEREAS, the Township of Randolph wishes to apply to the New Jersey Highlands Council for a $15,000.00 Initial Assessment Grant which requires Township Council’s authorization to proceed with the grant application.

NOW, THEREFORE, BE IT RESOLVED by the Mayo rand Council of the Township of Randolph, County of Morris, State of New Jersey, that the Mayor, Township Manager, and Assistant Township Manager are hereby authorized to complete and execute all forms and documents associated with the grant application.

D. Amend Professional Services Agreement with Ferriero Engineering, Inc. to Provide Staff Support Bringing the Total Contract to $46,000.00 for Services as the Municipal Engineer

R-293-08

WHEREAS, the Township of Randolph has a need to amend the contract with Ferriero Engineering, Inc., which was awarded on May 29, 2008; and

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

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

WHEREAS, the fee for these services will remain $120.00 per hour not to exceed $23,000.00, bringing the total contract to $46,000.00; and

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

WHEREAS, funds are available for this purpose.

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

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with the original resolution of May 29, 2008.

E. Authorize Professional Services Contract With Ben Horten Architecture & Design for Architectural Services for the Chapel Hill Pump Station and Storage Building on Sunset Drive—Not to Exceed $3,000.00

R-294-08

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, 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 professional architectural services with regard to the Maintenance Building at Sunset Drive for an amount not to exceed $3,000.00; and

WHEREAS, funds are available for this purpose.

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

F. Authorize Professional Services Agreement With Robert Michaels, Planner, to Undertake Initial COAH Analysis—Not to Exceed $7,900.00

R-295-08

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

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

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

WHEREAS, Robert Michaels & Associates has indicated they will provide the Initial COAH Analysis as stated in their proposal dated August 27, 2008: and

WHEREAS, Robert Michaels & Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Robert Michaels & Associates 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 Robert Michaels & Associates from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

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

G. Authorizing Professional Services Agreement With Robert Michaels, Planner, to Undertake Highlands Regional Master Plan—Initial Assessment—Not to Exceed $13,800.00

R-296-08

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

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

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

WHEREAS, Robert Michaels & Associates has indicated they will provide the Highlands Plan Conformance Analysis as stated in their proposal dated August 27, 2008; and

WHEREAS, funds are available for this purpose.

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

H. Authorize Professional Services Agreement Amendment With Amy S. Greene Environmental Consultants, Inc., to Provide Professional Engineering Services in Connection With Heistein’s Park—Fees for This Service are $3,500.00 for a New Total of $14,500.00

R-297-08

WHEREAS, a Professional Services Agreement was awarded to Amy S. Greene 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, the need exists to amend this agreement to include preparation of additional applications to the DEP; and

WHEREAS, the fees for this service will be $3,500.00 for a new total of $14,500.00; 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, Township of Randolph, County of Morris, State of New Jersey, that Change Order #1, not to exceed $3,500.00 for a new total of $14,500.00, be approved.

I. 2008 Budget Amendments:

(a) 2008 Grant—Obey the Signs or Pay the Fines

R-298-08

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; and

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 $4,000.00, 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: State of New Jersey—“Obey the Signs or Pay the Fines” 2008 Grant

SECTION II

BE IT FURTHER RESOLVED that a like sum of $4,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—“Obey the Signs or Pay the Fines” 2008 Grant

(b) 2008 Clean Communities Program

R-299-08

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 $3,860.46, which item is now available as revenue from:

SECTION II

BE IT FURTHER RESOLVED that a like sum of $3,860.46.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—2008 Clean Communities Program

(c) 2008 Click It or Ticket Grant

R-300-08

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

SECTION 1

SECTION II

BE IT FURTHER RESOLVED that a like sum of $4,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey—Click It or Ticket 2008 Grant

(d) County and City Health Officials

R-301-08

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 $16,666.65.00, 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: National Association of County and City Health Officials

SECTION II

BE IT FURTHER RESOLVED that a like sum of $16,666.65.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: National Association of County and City Health Officials

J. Endorsing Application for Treatment Works Approval for Pumping Station and Force Main at 1578 Sussex Turnpike

R-302-08

WHEREAS, the Township of Randolph has received a request to endorse a Treatment Works application for the construction of a Sanitary Pump Station and Force Main to be connected to an existing treatment facility onsite in conjunction with the proposed Sussex Turnpike Condominium Association at Block 8, Lot 5, on the Official Tax Map of the Township of Randolph; and

WHEREAS, the applicant must apply to the New Jersey Department of Environmental Protection for a Treatment Works approval for the discharge of sewer gallonage in excess of 2,000 gallons per day; and

WHEREAS, the Sussex Turnpike Condominium Association has submitted an application to the Township of Randolph for endorsement; and

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

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

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

1. The Township hereby endorses a request for Treatment Works approval for Sussex Turnpike Condominium Association located on Block 8, Lot 5, on 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 to take all actions necessary to effectuate the purpose of this resolution.

3. This resolution shall take effect immediately.

K. Raffles

(1) Special Social Affair Permit, Golf Outing Dinner, Randolph Chemical Engine Company #2, 340 Route 10, Randolph, on October 2, 2008, 3:00 p.m. to 8:00 p.m.

(2) On-Premise 50/50, Randolph High School Band Parents Association, October 4, 2008, at the Randolph High School, Millbrook Avenue, Randolph, 7:00 p.m. to 10:00 p.m.

(3) Off-Premise Merchandise Raffle, Long Valley Ice Hockey Club, on October 14, 2008, at Aspen Ice rink, 16 Aspen Drive, Randolph, 7:00 p.m.

(4) Off-Premise Merchandise Raffle, Randolph Engine Company #5, January 19, 2009, 118 West Hanover Avenue, Randolph, 7:30 p.m.

(5) Tricky Tray, Rotary Club of Randolph, September 27, 2008, At Randolph Country Fair, 502 Millbrook Avenue, Randolph, 5:00 p.m. (Rain Date September 28, 2008)

DISCUSSION ITEMS

A. Review Meeting Calendar for Remainder of 2008—Reschedule November 6 Meeting

Councilwoman Mitsch made a motion to move the reschedule the November 6 meeting to November 13. Councilman Obremski seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

B. EA Porter Site

Manager Lovell noted that this site was acquired through a tax foreclosure and the last remaining tenant will be leaving shortly. He believes it would be a viable solution to part of Randolph’s COAH obligation and asked the Council to determine whether or not they support including this site in the housing element plan to be developed by Robert Michaels & Associates. It has been determined that a two-story structure could yield approximately 24 units and a four-story structure could yield approximately 48 units. He cautioned that a two-story structure would be more in line with the character of the existing neighborhood. There is money in the developers’ trust fund and also DEP grants to assist in the remediation of this property. The property also already has sewer and water service, so permitting should not be much of a problem. Habitat for Humanity has already expressed interest partnering with Randolph on the project.

Mayor Napoliello asked if this could be used for senior housing.

Manager Lovell responded that it could be, however COAH limits the number of senior units that can be used to meet housing obligations. The Manager believes this location lends itself to families.

Township Attorney Buzak cautioned the Council to consider carefully a two-story structure versus a four-story structure in light of the planned review and development of the housing element for the Fair Share Plan for COAH.

Councilwoman Mitsch made a motion to proceed with a two-story building incorporated into the housing element. Councilman Alpert seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

C. Update DPW Building and Fuel Depot

Manager Lovell stated that the planning process for a new maintenance building at the DPW site on Sussex Turnpike is moving along. The property is currently listed on the Green Acres inventory as open space. Staff will petition the state to remove the site from the open space inventory, however this process will take several months. At this point, the Manager is obtaining engineering proposals to do the survey of the property to obtain a Letter of Interpretation from the DEP. A local architect will be providing budget information for the project. The replacement of the fuel tanks is also underway at this time. The tanks have been tested and no leaks were detected. It is anticipated that the DEP will issue the necessary permits to replace the fuel system and that this project will be completed in October or November.

INTRODUCTION AND WELCOME OF INTERIM SUPERINTENDENT OF SCHOOLS, DR. JAMES SHEERIN

Dr. Sheerin introduced himself to the Council and audience. He noted that, since his arrival in Randolph, he has been meeting with a number of stakeholders of the school system to listen to their concerns and issues in order to make Randolph an even better school system.

The Council welcomed Dr. Sheerin to Randolph.

Deputy Mayor Metz noted that, as the Council liaison to the School Board, he would welcome more meetings during the year.

Dr. Sheerin responded that Greg Marks, the President of the School Board, indicated that he would welcome more meetings as well.

Councilman Obremski noted that in the past there was a barrier between the schools and Town Hall, however in recent years the barrier seems to have been removed and there is a joint effort on both sides to do what is best for the school system and students.

Manager Lovell noted that, when he came to Randolph to interview for the Manager’s position, he was attracted to the town because of the school system and the opportunity for his daughter to attend the high school. He believes the reputation of the school is what attracts many families to Randolph. It is his hope that Dr. Sheerin and his staff will continue to improve upon the system in the years to come.

Mayor Napoliello asked if there were any plans to convert to an full-day kindergarten.

Dr. Sheerin responded that the schools are currently close to capacity so a full-day kindergarten could probably not be accommodated at this time. Anything that would involve expanding the program would involve a bond referendum.

PRESENTATION OF DONATION TO THE FRIENDS OF THE RANDOLPH ANIMAL POUND FROM THE HUMANE SOCIETY

Mark Caputo noted that recently a problem has arisen whereby people who have been evicted or foreclosed on sometimes move and leave their pets abandoned. He brought this to the attention of the Township Manager, who then sent a letter to all of the area realtors asking that they notify the Health Department if they run across this situation.

Norma Jacobs noted that the program has provided for the spaying and neutering of pets that have been abandoned. It also has provided medical attention and assistance with food for those who are struggling to keep their pets, which is a primary goal of the program. She thanked the Township Manager for his assistance and positive response to their ideas and goals.

A representative from the Humane Society stated that around the country, people experiencing financial difficulties often abandon their pets, which is against the law. She presented Mrs. Jacobs with a check for $2,000.00 to be used towards her program.

Mayor Napoliello noted that Mrs. Jacobs is one of the best animal control officers in the country.

PROCLAMATIONS

(1) KIDS DAY AMERICA

WHEREAS, the health and well-being of children is our responsibility; and

WHEREAS, the safety of our children is a significant concern for parents, community leaders, and health-care givers; and

WHEREAS, environmental welfare is of universal concern and deserves the utmost attention; and

WHEREAS, if started in childhood, proper health, safety and environmental habits can be maintained for a lifetime, producing a valued member of society, and enhancing our community.

NOW, THEREFORE, I, Allen Napoliello, Mayor of Randolph Township 2008, do hereby proclaim the 20th of September, 2008, as “Kids Day America” in Randolph and urge that this day be dedicated to the efforts of doctors of chiropractic in helping educate all citizens on the importance of health, safety, and environmental issues affecting our community.

The Assistant Manager will post the information about Kids Day America on September 20 on the township website.

(2) TURN THE TOWN TEAL

WHEREAS, ovarian cancer is called the “silent killer” because its symptoms are often vague or subtle; and

WHEREAS, ovarian cancer is the fourth leading cause of cancer death among women and the leading cause of gynecologic cancer death in the United States; and

WHEREAS, each year more than 22,000 Americans are diagnosed with the disease and approximately 16,000 die from it; and

WHEREAS, if detected in its early stages, survival from ovarian cancer is 90 - 95 percent. Yet the five-year survival rate for the disease is only 28 percent, because it is so difficult to detect early; and

WHEREAS, the Kaleidoscope of Hope Foundation (KOH), a local non-profit group co-founded by ovarian cancer survivors Gail MacNeil of Chatham Township and Lois Myers and Patricia Stewart of Harding Township, raises funds for ovarian cancer research and to increase awareness of the disease and its symptoms, and wishes to remind the public that September is Ovarian Cancer Awareness Month; and

WHEREAS, KOH will be holding its annual walkathons in September this year in Morristown, Avon-by-the Sea, and Lyndhurst.

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 Council, declares his support for the Kaleidoscope of Hope Walkathons and proclaim September as Ovarian Cancer Awareness Month.

APPROVAL OF MINUTES: Regular Meeting Minutes for August 7, 2008; Executive Minutes for August 7, 2008

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

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

NAYS: None

ABSENT: Councilman Algeier

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, thanked the Manager for the handicapped-assist handles on the front door of Town Hall and hopes to see them installed at the senior citizens’ center. She urged the Council to encourage legislators to find ways to identify and register beer kegs and liquor bottles in an effort to curb under-age drinking and adults purchasing alcohol for minors.

Lee Whilden, 82 Radtke Road, spoke about the animal control program in Randolph and how it has grown and flourished under Norma Jacobs.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski noted that he attended the first annual Law Enforcement Day along with the Mayor. During the event, the County Prosecutor expressed his appreciation for the reception he received from the Randolph staff and police department during the recent drug bust when Town Hall was open to all involved jurisdictions.

Mayor Napoliello noted that plans for the Country Fair are moving forward nicely and discussed some of the plans and events for the day. The Rotary Club, who is running the Fair, has received donations towards this event.

Manager Lovell noted that one of the pleasures of being a Township Manager is the opportunity to train individuals as Assistant Managers. He introduced Jerry Giaimis the new Assistant Township Manager, to the Council and audience and provided a brief background of his education and experience.

Mr. Giaimis thanked Mr. Lovell and the Council for offering him the opportunity to serve Randolph.

Mayor Napoliello reminded the Council that on September 11 the VFW will hold a memorial service commemorating the events of September 11, 2001. The VFW has held this service every year since 2002 and the Mayor urged the Council and citizens to attend this moving service.

PUBLIC HEARING

(1) Special Assessment—Shongum Lake Dam Restoration Project—Final Assessment Hearing

Manager Lovell noted that this project began a number of years ago and provided historical background from 2005, including:

In December 2005, a letter was forwarded to all citizens impacted by a special assessment project for the restoration of the Shongum Lake Dam inviting them to a Council meeting as the Council was considering entering into a loan agreement with the state and they wished to hear resident input on the matter.
The Council, in cooperation with the Shongum Lake Property Owners’ Association, entered into a joint agreement on a low interest loan for the restoration and renovation of the Shongum Lake Dam.
Design, permitting, and construction was the responsibility of the SLPOA.
In 2008, the Manager received several documents indicating that the project was completed.
A letter was sent to all affected property owners and a public hearing was held on July 17, 2008, with the Assessment Commissioners.
Based upon the public hearing on July 17, a report was compiled and presented to the Council.
Also based upon comments from the July 17 meeting, the Manager and Tax Assessor performed an analysis to determine the impact of applying the assessments on a variable basis determined by proximity to the lake, which was ultimately determined to be insignificant.
The Assessment Commissioners’ report was shared with the Council at their August 2008 meeting, after which the Council indicated they wished to move forward with the special assessment hearing in September.
A letter was sent on August 12 to all affected property owners indicating that the hearing on the special assessments would be held on September 4, 2008, noting that 780 properties would have an assessment on $2,020.00 payable over an 18-year period, for a total of $112.23 per year.

The Manager stated that all 780 properties impacted by the special assessment have deeded lake rights, which means that there is language in their deed to indicate they have the right to membership in the lake. He also noted that in his letter from 2005 to the affected residents, it was made clear that a flat assessment would be applied to all the properties. However, he noted that the Council did struggle and debate this issue of varied assessments before he developed his letter in 2005, and it was ultimately decided as a group to move forward with the flat assessment.

The Mayor opened the meeting for a public hearing.

Nick Montefusco, 57 Beech Road, noted that in 2005 when the SLPOA was looking for support for the project, it was endorsed based on language from a letter the residents received. He read the following sentences from that letter into the record: “The special assessment would be in the form of a tax against each of the properties so benefited. The special assessment may vary depending upon the benefits conferred upon each individual property.” He feels this language indicated there was the possibility of varied assessments. He expressed his belief that lakefront properties derive the most benefit from the lake and that the assessments should be based proportionately as a matter of principle. He read the following excerpt from the DEP website: “The cost of payment of the principle and interest of any loan made to a private lake association or similar organization or owner of a private dam, as a co-applicant with a local government unit, shall be assessed by the local government unit against the real estate benefited thereby in proportion to and not in excess of the benefits conferred.” He believes this language requires the Township to collect the assessment on a proportionate basis unless they can prove there is no added benefit to lakefront properties. Mr. Montefusco stated that the Township will be subject to a complaint filed with the DEP if this process is not followed.

Howard Schoenberger, 12 Rickland Drive, cited two comments from Councilman Algeier at a prior meeting. The Councilman stated that flat assessments were the fairest and easiest and also that there was no basis for lakefront homes to be assessed at a higher rate because some people might believe it to be a detriment to be on the lake. Mr. Schoenberger believes that if there is no basis for these homes to be assessed at a higher rate, the residents should file tax appeals. It is Mr. Schoenberger’s belief that flat assessments in this case are the easiest but not the fairest, and he agrees with Mr. Montefusco that it is a matter of principle. He noted that while the dollar amount for a varied assessment of $2.47 is trivial, it is a matter of fairness and he reiterated his belief that the assessments should be based on a proportionate basis.

A resident who has been unemployed for an extended period of time and is experiencing financial and personal hardships took umbrage with the term “insignificant” when talking about the $2.47 per year difference for a varied assessment and asked that more sensitivity in terminology be used.

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

Manager Lovell thanked the residents for their comments. He noted that the language from the DEP website cited by Mr. Montefusco was reviewed and considered by Ed Buzak, the Township Attorney, during this process.

Mr. Buzak reiterated that the DEP language was reviewed when this project began. It is his opinion that every lot has the same benefit of the lake in whatever ratio they had before the improvement to the dam. He believes it does not violate the statute to say that all of the properties have benefited in the same fashion and therefore the assessment should be equally disbursed among the 780 properties.

Councilman Obremski recalled discussions from 2005 regarding the merits of co-signing the loan and it was felt at the time that the township was in a position to help the residents and it was the right thing to do. Consistent with past practices, prior special assessments have been applied equally. He would not favor applying a different value to different lots and pitting neighbor against neighbor.

Councilwoman Mitsch recalled that when this process began, one of the primary considerations was that if the dam had not been repaired, there would be a potential safety impact to the Township as well as for Denville, which is located downstream. Had the dam breached, there would have been a significant financial impact to all of the residents in Randolph.

Manager Lovell noted that this is a privately owned dam and it does not belong to Randolph Township. The Township has always realized the liability associated with the dam, and if it had breached and caused damage downstream, it is believed that the residents with deeded lake rights would have been named in a class action suit. Regarding the $2,000.00 assessment, it is believed that the enhancement of value to every property in Shongum was at least that amount, especially those that have lake rights. Realtors have expressed that there is a derived value to all properties with deeded lake rights that is evident at the time of sale.

Councilwoman Mitsch noted that these are obviously challenging times economically and she is very cognizant of the fact that even a small dollar amount can have a great impact to someone experiencing financial hardships. She believes the other Council members are cognizant of that fact as well.

Michael Guadagno, Assessment Commissioner, noted that experts estimate it would cost approximately $300.00 per house to do a revaluation on each of the properties with deeded lake rights, which would have to be paid by the SLPOA, and that cost would add two more years to the assessment period. Mr. Guadagno also believes that applying varied assessments would cause bad feelings among neighbors in the Shongum area. He noted that the Township was not obligated to co-sign the loan agreement, however the Council did not do that because there is a benefit to the Township of having the lake.

Myra Sesko, Assessment Commissioner, stated that this work was done because it was a safety issue and she believes repairing the dam benefits everyone in the area. There would have been a negative impact had the dam been breached. She agrees with the Township Attorney that there is a proportional value that already exists in the area and by having an equal assessment.

Barbara Gothie, Randolph Township Tax Assessor, stated that she agreed with the Assessment Commissioners that repairing the dam was a safety issue and was a benefit to everyone.

Councilman Alpert asked how you would value a 3,500 square foot home with four bedrooms on the lake as opposed to the same house with a lake view as well as the same house two blocks away without a view. They are all members of the lake. He believes it is fair to do an equal assessment for the entire lake community.

Mr. Kim, 6 Old Chimney Road, stated that his family used to belong to the lake when his children were young. His children have grown and they no longer use the lake. He asked why he would have to pay the same amount as families with small children who enjoy the use of the lake.

Manager Lovell responded that there will come a time when he sells his home with the deeded lake rights and there will be an added value because of the lake rights and the dam improvements.

Councilman Obremski asked Mr. Marcickiewicz to explain the difference in language written in to some of the property deeds.

Mr. Marcickiewicz explained that different developers early on used language that varied. In recent years, language in the deeds mandate that property owners must pay dues or the Association is entitled to a lien for those unpaid dues.

Councilman Obremski asked for clarification that everyone with deeded lake rights has the option to join the Association.

Mr. Marcickiewicz responded that they do.

Mr. Schoenberger expressed his belief that the breaching of the dam was not a safety issue. He also doesn’t believe that varied assessments would cause hard feelings between neighbors. He noted that at the beginning of this process, many residents favored a varied assessment. Mr. Schoenberger believes that this issue is a matter of fairness, just as the sewer rates should be charged based on usage, not a flat rate. Had the lake been drained, the homes fronting the lake would have been affected the most and membership had nothing to do with it. He suggested that the property values are already in place and a revaluation would not have to be done. While he expressed his thanks to the Council for working with the residents on the repair of the dam, he urged the Council to consider assessing property owners on the basis of proportional benefit.

Councilwoman Mitsch responded that safety was definitely high on the agenda at the time when this was initially discussed. The dam was considered to be in a compromised state and there was the threat of a breach during a severe storm. Had the lake been drained, it would have become an eyesore and been a detriment to the entire town.

Deputy Mayor Metz noted that the recommendation from the prior meeting, after hearing from the SLPOA and the Assessment Commissioners, was for a flat assessment. In response to the opinion that Randolph should start charging for sewers based on usage rather than a flat fee, he asked if residents should be taxed based on how many children in a family use the school system. He noted that this is not how it works in any town and that he would prefer not to make this issue a political issue and to move on to the next agenda item.

The mayor opened the meeting for further public comment.

Nick Montefusco, 57 Beech Road, noted that as public servants, the Council should welcome comments from the public. He expressed his opinion that the issue with the dam was never about safety. Had the dam had a controlled breach, in time the land would have reverted to a meadow with wildflowers and trees. Mr. Montefusco reiterated his opinion that repairing the dam preserved the value to the people in a disproportionate way and the 25 percent premium for lakefront properties should be reflected in the assessment.

Lee Whilden, 82 Radtke Road, noted that there have been many SLPOA meetings and residents have had many chances to attend the meetings, read the minutes, and speak up at that time. Quite often at these meetings, there were not even enough in attendance to have a quorum.

A resident who does not belong to the SLPOA stated he does not receive minutes from those meetings.

Mr. Schoenberger commented that it was uncalled for for the Deputy Mayor to attack the members of the public because he doesn’t like what they have to say. Regarding sewer usage, he owns a business and that business is billed according to water usage.

The mayor closed the public portion.

The Township Clerk read the following resolution title into the record:

“A Resolution Adopting and Confirming the Report of the Board of Assessors and the Assessments Contained Therein for the Benefits Derived From the Construction of the Shongum Lake Dam Restoration Project in the Township of Randolph, County of Morris, State of New Jersey, and Authorizing the Imposition of the Assessments Therein Contained”

Mr. Buzak stated that this resolution establishes a uniform assessment for all of the properties.

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

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

NAYS: None

ABSENT: Councilman Algeier

A Resolution Adopting and Confirming the Report of the Board of Assessors and the Assessments Contained Therein for the Benefits Derived From the Construction of the Shongum Lake Dam Restoration Project in the Township of Randolph, County of Morris, State of New Jersey, and Authorizing the Imposition of the Assessments Therein Contained

R-303-08

WHEREAS, the Township of Randolph adopted Ordinance No. 47-05 “Authorizing Special Assessment for the Shongum Lake Dam Restoration Project Pursuant to the Dam, Lake, Stream, Flood Control, Water Resources and Wastewater Treatment Project Bond Act of 2003”; and

WHEREAS, on December 23, 2005, the Township executed an agreement with the Shongum Lake Property Owners’ Association for the Association to construct all improvements associated with the Shongum Dam Restoration; and

WHEREAS, on June 26, 2007, the Office of Trust Fund Management, NJDEP, provided a certification of loan disbursement and amortization schedule; and

WHEREAS, on May 9, 2008, the NJDEP provided a Certification of Project Completeness; and

WHEREAS, on July 10, 2008, the consulting engineer for the Shongum Lake Property Owners’ Association, the Entech Group, Incorporated, certified all project costs and a copy of the certification was provided to the Board of Assessors (“Board”); and

WHEREAS, the Shongum Lake Property Owners’ Association provided a list of 780 properties with “deeded” lake rights for Shongum Lake to be specially assessed for the project; and

WHEREAS, the Board considered all information, examined the work; and

WHEREAS, the public hearing with appropriate notice as required under applicable statutes was held by the Board on July 17, 2008, in accordance with N.J.S.A. 40:56-25; and

WHEREAS, the Board provided a report dated July 31, 2008, by Township Manager John Lovell and voted to certify to the Mayor and Council of the Township the report and the assessments for the benefits contained therein; and

WHEREAS, on September 4, 2008, the Mayor and Council of the Township pursuant to N.J.S.A. 40:56-30 held a public hearing with adequate notice and desires to approve the report and confirm the assessments on the properties benefited by this project.

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

1. The report of the Board of Assessors of the Township for Shongum Lake Dam Restoration Project is hereby approved, adopted, and confirmed and the assessments for the benefits derived as contained therein are hereby approved, adopted, confirmed, certified and imposed upon the properties benefited by and from the project as stated below:

Total Cost: $1,575,586.00
To Be Assessed to Each of the 780 Properties: $2,020.00

2. The foregoing adoption and confirmation is final and conclusive and appeals may be taken therefrom pursuant to N.J.S.A. 40:56-54 et seq.

3. The Township Clerk and Tax Collector are hereby authorized and directed to undertake all actions to impose and collect the assessments from the properties benefited from the project as set forth in the report confirmed under this resolution.

4. Any assessments imposed under this resolution may be paid by the owner of the property benefited therefrom in 18 equal annual installments of $112.23 in accordance with N.J.S.A. 40:56-35.

5. All other officers and employees of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this resolution and to impose the assessment for the benefits derived from the construction of the project on the properties benefited therefrom, all as set forth in the report as adopted, approved and confirmed herein.

6. This Resolution shall take effect immediately.

ORDINANCES (Continued)

A. Second Reading and Public Hearing

(1) Ordinance #24-08: Authorizing the Acquisition of Wright Property

Manager Lovell stated that this is an open space acquisition that has been sought for a number of years. Green Acres funding will offset some of the cost of purchasing the property.

The meeting was opened for public hearing.

Judith Stewart, 114 Everdale Road, noted that this property is close to her home. She approves of the acquisition. It will connect with other open space in town. She believes the vision for open space in Randolph over the past few years has really improved Randolph.

Seeing no one further, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 147, LOT 14, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (WRIGHT PROPERTY)” 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. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

(2) Ordinance #25-08: Authorizing the Acquisition of the Tucker Property

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM W.E.W. ASSOCIATES, BLOCK 88, LOT 12, BLOCK 91, LOT 2, BLOCK 91, LOT 3, BLOCK 92, LOT 4 (WHICH ALSO INCLUDES FORMER LOT 22), BLOCK 92, LOT 24, BLOCK 92, LOT 25 (WHICH ALSO INCLUDES FORMER LOTS 3, 26 AND 27) ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (TUCKER PROPERTY)” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this property had been the subject of a lawsuit between the developer and the Township because the town felt it was a wet site not suitable for development. The developer ultimately won in court and there could have been a potential for six homes built on the site. This acquisition ties together a section of the trail system and is a wonderful acquisition for the town.

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

Judith Stewart, 114 Everdale Road, supports this ordinance.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM W.E.W. ASSOCIATES, BLOCK 88, LOT 12, BLOCK 91, LOT 2, BLOCK 91, LOT 3, BLOCK 92, LOT 4 (WHICH ALSO INCLUDES FORMER LOT 22), BLOCK 92, LOT 24, BLOCK 92, LOT 25 (WHICH ALSO INCLUDES FORMER LOTS 3, 26 AND 27) ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH (TUCKER PROPERTY)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Algeier

DISCUSSION (Continued)

D. Update—Recreation and Senior Center Building

Manager Lovell stated that Hatch Mott McDonald is beginning with the surveying of the site. There is a problem in that the deed and the survey for the acquisition of this property, dating back to the 1970s, can not be found. It is possible the documents may not have existed back then, however he will continue to search for any documentation on this property.

E. Sussex Turnpike Drainage—Location of Retention Facility

Manager Lovell noted that the county unveiled plans proposing the development of drainage at the intersection of West Hanover Avenue and Sussex Turnpike on property owned by Mr. Zion. This property is in the Master Plan and is referred to as a “gateway property.” There currently exists a drainage basin on Brookside Road and the county consulting engineers have inspected that drainage basin as an alternate to their proposed plan.. It has been determined that there is no additional capacity for that drainage basin, however on that same tract, which belongs to the Township, there is a section that would be perfect for the placement of a small wet retention basin. If the Council is supportive of this retention basin, the county will develop a professional services agreement to lock in the use of this property. The Manager believes this would be preferable to using the Zion property.

Councilwoman Price made a motion to move forward and authorize the development plans for the property. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

F. Garbage Contract—Apartments and Dumpsters

Option A: Bid Award Resolution
Option B: Rejection of Bid, Authorization to Re-Advertise

Manager Lovell noted that the last garbage collection contract bid for apartments and dumpsters was done almost six years ago. At that time, a bid was received charging $20.00 per ton plus a tipping fee. That contract is about to expire and a new bid packet was sent out. One bidder, East Coast Sanitation, submitted a proposal charging $36.00 per ton. In an effort to research any problems with the bid, the Manager learned that the bid was problematic with large carriers because it would be too cost and labor intensive to drive empty trucks to Randolph to collect the garbage and then drive a truck that may be half full to the transfer station for dumping. Larger companies would rather bid a flat dollar amount for the service that allows them to collect garbage as they are coming into town. Those flat rates come out to a much higher cost than the bid submitted by East Coast Sanitation. Manager Lovell noted that East Coast Sanitation has all of their DEP permits and is a legitimate garbage service located in East Hanover and he believes this to be a reasonable bid proposal.

Councilman Obremski made a motion to accept the bid from East Coast Sanitation for a five year period at $36.00 per ton. Councilwoman Price seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Algeier

Resolution for the Award of Dumpster Garbage Collection Services

R-304-08

WHEREAS, bids were received on July 30, 2008, for Dumpster Garbage Collection Services; and

WHEREAS, nineteen bid packets were mailed and one bid was received and one letter; and

WHEREAS, the bid from East Coast Sanitation for one, three, or five years was $36.00 per ton; and

WHEREAS, an analysis was provided by Township Manager John Lovell (Council Letter #27-08); and

WHEREAS, it is recommended that the contract should be awarded to East Coast Sanitation for five years at $36.00 per ton.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the contract be awarded to East Coast Sanitation, East Hanover, New Jersey, for a five-year period from January 1, 2009, through December 31, 2013.

G. Municipal Nominees to Historic Preservation Review Board

Manager Lovell noted that the Council should caucus and submit a recommendation to the Freeholders immediately as there is a September 30 deadline. Responsibilities for this position include receiving grant applications for open space, visiting the sites, reviewing reports, conducting application hearings, making decisions on how grants should be invested, and making recommendations to the Board.

Councilman Obremski suggested putting information on the town web site to see if anyone is interested.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that the post office will be moving to their new location later this month. She believes it will be an improvement. Mrs. Stewart commented that the County Fair is being held on the weekend before the Jewish high holy days and people who travel to be with family can not attend the fair. She suggested the town use a better calendar when planning events.

Manager Lovell responded that the calendar was considered and that they struggled with this issue when planning the County Fair. The use of the Board of Education property was critical and the Fair was squeezed between prior events.

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

COUNCIL AND MANAGER COMMENTS

There were no comments.

ADJOURNMENT

The Mayor adjourned the meeting at 10:17 p.m.

_________________________________
Donna Marie Luciani
Township Clerk

E X E C U T I V E S E S S I O N

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

Present for the executive session were:
Councilman Alpert
Councilwoman Mitsch
Councilman Obremski
Councilwoman Price
Deputy Mayor Metz
Mayor Napoliello

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

Absent for the executive session was: Councilman Algeier

Contract Negotiations/FOP

Manager Lovell made the following comments:

Negotiations with the FOP is a work in progress because issues he has achieved with other bargaining units are still being negotiated with the FOP
It’s a process of chipping away on each contract on those issues that he considered important to Randolph Township
Issues of longevity and health benefits have been achieved with other bargaining groups, and progress is being made with the FOP
Police unions and fire unions enjoy the right of binding arbitration in New Jersey
Arbitrators look to create parity and look to see what the trend is in other communities
Negotiations with the FOP started about a year ago with several productive meetings until the FOP went through a melt-down resulting in mass resignations and a loss of time
New people came on board and meetings were held to bring everyone up to speed
Once it was determined that both sides had given all they intended to give, the Manager suggested bringing in an outside mediator
The economics of the package is a 4% increase for each year beginning in 2008
The FOP has agreed to share in health benefit payments at a cost of $10.00 per pay for the year, $20.00 per pay for the second year, and $30.00 per pay for the third year
It is hoped that this will drive many members to a point of service plan
Other economic issues include holiday pay, longevity pay, and college pay
The FOP requested a change in the longevity pay formula to make the final 2% bump in their 24th year instead of at the beginning of their 25th year
Disability pay has been capped at the 10th year
The FOP has ratified and agreed to the contract

Councilman Alpert stated that he believes this contract to be a win/win situation for both the Township and the police department. He noted that the PBA told all their locals to not give in on insurance benefits.

Councilwoman Price noted that for future information, consumer directed health care accounts are even less costly than point of service plans, and Aetna and United both offer those plans.

Manager Lovell stated that if the Council is in agreement with what is proposed, the mediator will write up the mediation agreement and then he will begin writing the contract and return to the Council for formal ratification.