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

Minutes: September 7, 2010

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Mitsch. 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 December 7, 2009, by emailing them the annual resolution adopted by the Council on December 3, 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 December 17, 2009.

PRESENT:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Napoliello
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

APPOINTMENT OF DAVIS BRENT JONES AS STUDENT LIAISON TO THE BOARD OF HEALTH

Mr. Jones, a junior in high school, stated that he has always wanted to work with medicine and is looking forward to learning about the interaction between the Board of Health and the town and schools.

Councilman Algeier, as Council liaison to the Board of Health, noted that one of Mr. Jones’s roles as a student liaison is to carry information between the high school and the Board of Health.

Deputy Mayor Napoliello made a motion to nominate Davis Brent Jones as a student member to the Board of Health. Councilman Obremski seconded the motion, and a voice vote in favor of the nomination was unanimous.

The Township Clerk administered the Oath of Office to Mr. Jones.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, thanked the members of the community who volunteer their time on various committees and boards. Mrs. Stewart recommended a police presence remain on the property at all times once Randolph becomes part of the Morris County dispatch system in order to monitor when a visitor comes into the building seeking assistance. Mrs. Stewart suggested a resolution be drafted from the Council to Morris County recommending a certain number of dispatch positions be filled from Randolph’s current staff.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski stated that he received information from the New Jersey Office of Clean Energy regarding the availability of grant money. The Councilman will get more information on whether or not it is viable for Randolph and report back to the Council.

Manager Lovell thanked Mrs. Stewart and Mrs. Luciani’s staff for assisting as proof readers for the new edition of the Randolph Quarterly Newsletter. The Manager reported that he is receiving positive comments from residents regarding the park system in town, and in particular improvements to Randolph Lake.

ORDINANCES

A. Introduction

(1) Amend Land Use Ordinance—Solar Panel Installations on Commercial Structures

Manager Lovell stated that this ordinance will allow the staff to perform reviews on flat panel systems mounted on rooftops, not visible from 100 feet, and that do not degrade the facade of the building. Currently applicants must appear before the Planning Board or Board of Adjustment to receive approval.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-2.2, 15-11.8 AND 15-81.2 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO EXEMPT SOLAR PANELS FROM SITE PLAN REQUIREMENTS IN CERTAIN CIRCUMSTANCES” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 30th of September, 2010, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

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

NAYS: None

DISCUSSION ITEMS

(1) Interlocal Services Agreement With Roxbury Township for Health Services

Manager Lovell thanked Councilman Algeier for his attendance at a Council meeting in Roxbury recently on this issue. The Roxbury Council did approve the agreement which will allow Roxbury and Randolph to share our Health Officer and sanitarians. Both towns will continue to maintain separate health departments. The Manager will report to the Council after the first 90 days of this initiative have passed regarding cost savings and other issues that may arise.

(2) Interlocal Services Agreement With Morris County for Dispatch Services

Manager Lovell reported that Randolph is scheduled to become a part of this program in February 2011. Initially this project will not save Randolph money, however the Manager reiterated to the Council that having our own dispatch is a liability for Randolph in terms of high turnover, the need to place police officers on the dispatch desk for coverage, and constantly evolving costly technology. Many other areas of the country are successfully using county-wide dispatch services.

Councilman Metz asked what costs are associated with dispatch other than personnel.

Manager Lovell responded costs for operating the facility in which it is housed, equipment, and depth of personnel are all associated with running dispatch services.

Councilman Metz asked if the $250,000.00 fee for joining the Morris County program is based on Randolph’s size.

Manager Lovell responded that the fee is based on the amount of calls generated and population.

Councilman Algeier asked if the fee will be reduced as more municipalities join the county program.

Manager Lovell responded that he believes the fee will go down. The Manager noted, however, that the county is hopeful that the fee will become a part of the county tax bill and not be part of the municipal tax bill.

Councilman Algeier believes a key factor in this issue is the service to be provided. With the high rate of turnover in dispatch in Randolph, it becomes difficult to provide the necessary training. Recently the New Jersey Supreme Court decided a case that holds a governmental entity liable for a dispatcher’s mistake. Aside from the human cost that might arise from a dispatch error, there is the liability that Randolph could be sued. The Councilman believes the county will be in a better position to provide proper training and will assume the liability situation. Councilman Algeier has supported the county-wide initiative from the outset and believes Randolph and Morris County will benefit from better trained dispatch personnel.

Councilwoman Price asked if there was a transitional plan in place.

Manager Lovell responded that a transition plan for dispatch is being worked on. All of the dispatchers have been notified. Some of the dispatchers will be interviewed by Morris County and will probably be accepted into the program. Improvements are also being implemented at the police station to address the safety concerns raised by Mrs. Stewart.

(3) Open Space Acquisition—Heritage Properties

Manager Lovell read the following letter from Richard Sweeney, who represents the developer for Heritage Golf Club, into the record:

“It is very disappointing to be obliged to report to you that our client has determined that its efforts to develop a golf course in Randolph have failed. The unavailability of a water supply to service the project adequately and other environmental constraints force the conclusion that the project will not succeed.

Accordingly, I request the opportunity to meet with you and Township Council to discuss orderly conveyance to the Township of the open space portions of the Heritage Village developments to the north of Calais Road.”

Manager Lovell’s comments included the following:

• There has been a lengthy process with the developer regarding the future of the golf course encompassing approximately 255, beginning in the early 1990s
• In 2000, the Township Council worked out an agreement through which Heritage 55 was approved as 31 age-restricted units on Calais Road
• The remaining parcel of approximately 225 acres was deed restricted as a golf course or future open space
• The open space parcel has been divided into three phases
• Properties one and two are relatively easy to accept into the Township if that should be the desire of the developer
• Parcels 3, 4, 5, and 6 are more difficult to accept as open space at this time due to some deeded dedications and filling on the site
• Parcels 7, 8, and 9, also referred to as the Rosenfarb Farm site, have a pollution problem associated with them which has not been fully remediated at this time
• The Manager plans to meet with the DEP early in 2011 after they undertake some additional testing of the site
• The Manager would like to create a committee consisting of himself, several Council members, and representatives from appropriate boards in town to work with John Van Brunt and Darren Carney to sort through these sites and their associated issues before accepting them into the open space system
• The Manager would like to see the open space remain as fields
• It is a unique assembly of properties and it opens up all sorts of opportunities for future generations of Randolph citizens
• The Manager envisions this will be a long term process, perhaps four or five years

(4) Local Government Best Practices Check List

Manager Lovell stated that Randolph received a check list from Trenton. The staff has gone through the process of examining where Randolph stands regarding the check list, and overall the town did very well. Although the Manager feels the check list is a “one size fits all” document, much of it was good. The results of the check list contribute to how state aid is determined for Randolph. At this time, the Manager anticipates Randolph will receive a $1,000.00 penalty on state aid if it is invoked as the Governor proposes. There are some issues on the check list that the staff can begin working on for next year in order to be compliant with several points. The Manager cautioned, however, that he will not spend a lot of money to become compliant on what he considered to be issues that don’t make sense for Randolph.

Councilman Algeier stated that he would like the Manager’s Association and the League of Municipalities to be reviewing the check list and offer suggestions to the Governor to improve the list for next year.

Manager Lovell responded that the Manager’s Association is making several suggestions for revision and the reasons for those revisions. The League of Municipalities is undertaking the same process.

(5) Membership—Morris County Municipal Joint Insurance Fund

Manager Lovell stated that Randolph is one of the founding members of the Morris County Joint Insurance Fund. The Council has been provided some documentation on the issue.

Finance Director Michael Soccio, who serves as Randolph’s representative on that board and an officer in the Joint Insurance Fund, offered the following comments:

• Estimated savings to Randolph since joining the Joint Insurance Fund is $3.4 million
• Randolph has received approximately $882,000.00 in dividends
• The Morris County Joint Insurance Fund is one of the only such funds doing well, with many other running a deficit
• The Morris County Joint Insurance Fund operates very conservatively
• Dividends to municipalities are being held back this year in order to keep more money in the surplus fund
• Every three years municipalities must join the Joint Insurance Fund as one of their requirements
• The coverage offered is well beyond what can be obtained in the commercial field

Manager Lovell noted that this issue will be on the next Council meeting agenda for approval.

(6) Longview Avenue—Parking Overflow From Brundage Park

Manager Lovell reported that he forwarded a memorandum to the Traffic Safety Committee in July regarding concerns expressed by a resident on Leigh Court.

Councilman Obremski, as the Council liaison to the Traffic Safety Committee, stated that the issue is overflow parking for Brundage Park when the ball fields close to the road are being used. Cars are parked on both sides of the street, making it difficult to travel safely at the lower end, particularly for emergency vehicles. Sgt. Garry Moore visited the site and received favorable responses from affected neighbors where parking restrictions are proposed, notably the first 250 feet of Longview Avenue on both sides.

Councilman Algeier suggested taking the issue back to the Traffic Safety Committee for further review to lessen the proposed restrictions.

REVIEW AGENDA FOR SEPTEMBER 16, 2010

Manager Lovell reported there have been several issues regarding the soil movement activities at the Grecco property. These issues include:

• The contractor would like to truck the soil to a location in Mendham and is looking for an acceptable route
• The fire house on Route 10 would like to receive material from the Grecco site for an improvement at their location
• There is a facility in the Middlebury industrial complex that would like to import soil from the Grecco site to their location
• A sign was placed at the Grecco site offering free fill and that has created some problems for the Township

Representatives will be at the next meeting to ask the Council to amend their current soil movement permit to address the above issues.

COMBINED ACTION ITEMS

Councilman Loveys asked if the police vehicles in Item B were listed in the 2010 budget.

Manager Lovell responded that the vehicles were budgeted and the resolution authorizes their purchase.

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

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

NAYS: None

A. Refund/Adjustment Resolutions

(1) Release Escrow Funds for 20 Small Brook Circle to GGB Enterprises—$331.25

R-226-10

WHEREAS, the Planning and Zoning Department received escrow funds from GGB Enterprises, LLC/Mr. Sparky, LLC; 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 $331.25 be refunded to GGB Enterprises, LLC, 20 Small Brook Circle, Randolph, NJ 07869.

(2) Release Escrow Funds for 1360 Sussex Turnpike to Heritage Center USA—$568.00

R-227-10

WHEREAS, the Planning and Zoning Department received escrow funds from Heritage Center USA, Block 93, Lots 9 and 10, in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $568.00 be refunded to Heritage Center, 1360 Sussex Turnpike, Randolph, NJ 07869.

(3) Release Escrow Funds for 879 Route 10 to SJC Builders—$1,348.50

R-228-10

WHEREAS, the Planning and Zoning Department received escrow funds from SJC Builders LLC, Block 93, Lot 9, in the amount of $25,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $1,348.50 plus interest be refunded to SJC Builders LLC, 869 Route 10, Randolph, NJ 07869.

(4) Release Escrow Funds for Block 119, Lot 114.01, to T-Mobile USA, Inc.—$664.25

R-229-10

WHEREAS, the Planning and Zoning Department received escrow funds from T-Mobile/Omnipoint, Block 119, Lot 114.01, in the amount of $7,500.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $664.25 plus interest be refunded to T-Mobile USA Inc., 12920 SE 38th Street, Bellevue, WA 98006.

(5) Refund Overpayment of Taxes for 18 Cromwell Drive to Gary and Debra Stavis—$2,325.53

R-230-10

WHEREAS, Gary and Debra Stavis have been granted a reduction in assessed valuation for the tax year 2009 by the Tax Court of New Jersey on Block 38, Lot 61, known as 18 Cromwell Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $2,325.53; 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 $2,325.53 to Gary and Debra Stavis.

(6) Refund Overpayment of Taxes for 2 Huntington Drive to Lu/Ping Ting—$5,068.13

R-231-10

WHEREAS, Lu/Ping Ting have overpaid 2010 taxes in the amount of $5,068.13 on Block 115, Lot 15, 2 Huntington Drive; and

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

NOW, THEREFORE, BE IT RESOVLED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $5,068.13 to Lu/Ping Ting.

(7) Refund Overpayment of 2008 Taxes for 828 Route 10 to Skylands—$44,656.56

R-232-10

WHEREAS, Skyalnds, LLC has been granted a reduction in assessed valuation for the tax year 2008 by the Tax Court of New Jersey on Block 42, Lot 2, known as 828 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $44,656.56; 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 $44,656.56 to Skylands, LLC.

(8) Refund Overpayment of 2009 Taxes for 828 Route 10 to Skylands—$30,416.99

R-233-10

WHEREAS, Skylands, LLC has been granted a reduction in assessed valuation for the tax year 2009 by the Tax Court of New Jersey on Block 42, Lot 2, known as 828 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $30,416.99; 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 $30,416.99 to Skylands, LLC.

(9) Refund Overpayment of Taxes for 89 Arrowgate Drive to Flagstar Bank—$2,071.85

R-234-10

WHEREAS, Flagstar Bank has overpaid 2010 taxes in the amount of $2,071.85 on Block 42, Lot 122.89, known as 89 Arrowgate Drive, assessed to Michael and Linda Ursitti; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $2,071.85 to Flagstar Bank.

(10) Release of Thirty-Two (32) Cash Temporary Stabilization Bonds to SJC Builders—$32,000.00

R-235-10

WHEREAS, the Engineering Department has received a request from SJC Builders for the release of thirty-two (32) cash temporary stabilization bonds; and

WHEREAS, the cash deposits consisted of $32,000.00 which was received and deposited with the Finance Department on the below listed dates:

WHEREAS, the properties have been inspected and found to be properly stabilized.

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, Township Engineering Administrator, that the temporary stabilization cash bonds listed above, totaling the amount of $32,000.00, be released to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

(11) Refund Road Opening Cash Bond for Driveway Repair on 7 Trout Brook Lane to Michael Susini—$500.00

R-236-10

WHEREAS, the Engineering Department has received a request from Michael Susini for the release of a $500.00 cash road opening bond posted for a driveway repair; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 16, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repair of the driveway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Michael Susini, 7 Trout Brook Lane, Mendham, NJ 07945.

(12) Refund Road Opening Cash Bond for Widening of Driveway at 224 Washington Valley Road to William Sanders—$500.00

R-237-10

WHEREAS, the Engineering Department has received a request from William Sanders for the release of a $500.00 cash road opening bond posted for the widening of an existing driveway at 244 Washington Valley Road; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 3, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the widening of an existing driveway within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to William Sanders, 244 Washington Valley Road, Randolph, NJ 07869.

(13) Refund Partial Registration Fee for 2010 Summer Stages (Session 4) to Kathleen Hoke—$345.00

R-238-10

WHEREAS, Kathleen Hoke registered her child for 2010 Summer Stages (Session 4) and paid the fee of $370.00; and

WHEREAS, her daughter will not be attending the 2010 Summer Stages (Session 4) program due to a diagnosed illness.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $345.00 be refunded to Kathleen Hoke, 309 Pleasant Hill Road, Flanders, NJ 07836.

(14) Refund Partial Registration Fee for 2010 Advanced Performance Workshop to Christine Roy—$250.00

R-239-10

WHEREAS, Christine Roy registered her child for 2010 Advanced Performance Workshop and paid the fee of $525.00; and

WHEREAS, her child will not be attending the 2010 Advanced Performance Workshop program due to an illness.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $250.00 be refunded to Christine Roy, 11 Cooper Drive, Ledgewood, NJ 07852.

(15) Refund Tree Bond Posted for 3 Tammy Hill Trail to Michael Johnston—$400.00

R-240-10

WHEREAS, the Planning and Zoning Department received a tree bond posted by Michael Johnston for Block 214, Lot 16, in the amount of $400.00; and

WHEREAS, all of the requirements have been met and completed.

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 tree bond in the amount of $400.00 be refunded to Michael Johnston, 3 Tammy Hill Trail, Randolph, NJ 07869.

(16) Release Road Opening Cash Bond for 11 Lawrence Road to Scott and Deborah LaMorticella—$500.00

R-241-10

WHEREAS, the Engineering Department has received a request from Scott and Deborah LaMorticella for the release of a $500.00 cash road opening bond posted for the water connection at 11 Lawrence Road; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on December 4, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the water 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 Scott and Deborah LaMorticella, 11 Lawrence Road, Randolph, NJ 07869.

(17) Release of Police Detail Escrow for ESS Co. ($355.00) and English Paving Co, Inc. ($1,171.50)

R-242-10

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

WHEREAS, the Detail work has been completed.

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

ESS Company $355.00
English Paving Company, Inc. $1,171.50

B. Authorizing Purchases From State Contract 72467 for Police Pursuit Vehicles—Not to Exceed $64,707.00

R-243-10

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #72467, Police Pursuit Vehicles; and

WHEREAS, the Police Department wishes to purchase three (3) Ford Crown Victoria vehicles at a purchase price of $64,707.00. Additional accessories will be purchased as approved; and

WHEREAS, these purchases will not exceed $64,707.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase vehicles from New Jersey State Contract #72467 in an amount not to exceed $64,707.00.

C. Authorizing Award of Professional Services Agreement with Kristine Wilsusen, LLC for Health Education Consulting—Not to Exceed $5,000.00

R-244-10

WHEREAS, the Township of Randolph has a need to acquire Kristine Wilsusen, LLC, 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, Kristine Wilsusen, LLC has indicated they will complete the Health Education Consulting for $45.00 per hour in an amount not to exceed $5,000.00; 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 Kristine Wilsusen, LLC 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 7, 2010

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 2010 Budget, Health, Other Expenses, to award a contract to Kristine Wilsusen, LLC for Health Education Consulting in the amount not to exceed $5,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing Award of Professional Services Agreement with Melick-Tully and Associates for Sussex Turnpike Sewers—$14,300.00

R-245-10

WHEREAS, the Township of Randolph has a need to acquire Melick-Tully and Associates, PC, South Bound Brook, New Jersey, 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, Melick-Tully and Associates, PC, has indicated they will complete the Geotechnical Subsurface Investigation for Sussex Turnpike Sewers for an amount not to exceed $14,300.00; 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 Melick-Tully and Associates, PC, 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 7, 2010

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 Capital Improvement Fund - Reserve Preliminary Expenses - Mt. Freedom/Sussex Turnpike Sewers, to award a contract to Melick-Tully for a Geotechnical Consultant for Sussex Turnpike Sewers in the amount not to exceed $14,300.00.

____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Developers’ Agreement with Amelia and Bart Lubrano—Jodilee Lane

R-246-10

WHEREAS, Amelia and Bart Lubrano previously obtained preliminary and final major subdivision approval from the Township of Randolph Planning Board for the development located at Block 116, Lot 13.01, located at the terminus of Jodilee Lane in the R-1 Zone in the Township of Randolph; and

WHEREAS, the Township of Randolph and Amelia and Bart Lubrano wish to enter into a Developers’ Agreement setting forth the rights, duties, and obligations of the parties in connection with said development.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Randolph, in the County of Morris, and State of New Jersey, that the Mayor and Township Clerk are hereby authorized and directed to execute the Developers’ Agreement between the Township and Amelia and Bart Lubrano, a copy of which is on file in the Township Clerk’s Office.

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to provide the original fully executed Developers’ Agreement to the Special Township Counsel for recording in the Morris County Clerk’s Office.

This Resolution shall take effect immediately.

F. Authorize Mutual Aid Agreement for Fire Services With Picatinny Arsenal Fire Department, Department of the Army

R-247-10

WHEREAS, the Randolph Township Council wishes to authorize the Mayor to execute a Mutual Aid Agreement between Randolph Township and Picatinny Arsenal Fire Department, Department of the Army.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that authorization has been given for Mayor Trina R. Mitsch to execute the Mutual Aid Agreement between Randolph Township and the Secretary of the Army.

G. Authorizing Dispatch Agreement With Morris County

R-248-10

WHEREAS, the Township of Randolph wishes to enter into an Interlocal Services Agreement with Morris County for Radio Dispatching Services; and

WHEREAS, all parties agree to abide by the provisions set forth in the Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the County of Morris.

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

H. Authorize Health Agreement With Roxbury Township

R-249-10

WHEREAS, the Township of Roxbury wishes to obtain Health Department Services from the Township of Randolph; and

WHEREAS, all parties agree to abide by the provisions set forth in the Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Township of Roxbury.

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

I. Awarding Change Order for Carrell Road Improvements Project to Vollers Construction Making Total Contract Price $286,842.92

R-250-10

WHEREAS, a contract was awarded to Vollers Construction, North Branch, New Jersey, on April 6, 2010, for Carrell Road Improvements in the amount of $329,602.60; and

WHEREAS, due to low areas on the roadway base surface of the road, a Leveling Course Pavement was required but not included in the original contract. The total for this item was $30,150.00; and

WHEREAS, the project was completed for a total of $286,842.92, which is a reduction of $42,759.68; and

WHEREAS, a change order is requested to add the cost of the Leveling Course Pavement at a cost of $30,150.00 and reduce the total contract by the amount of $42,759.68, making the total contract price $286,842.92.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a change order be approved as noted above.

J. Authorizing Randolph to Enter into Cooperative Pricing Agreement With Middlesex Regional Educational Services Commission for the Performance of Goods and Services

R-251-10

WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and

WHEREAS, the Middlesex Regional Educational Services Commission, hereinafter referred to as the “Lead Agency” has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services; and

WHEREAS, the Governing Body of the Township of Randolph, County of Morris, State of New Jersey, duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services; and

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Township of Randolph is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency; and

WHEREAS, the Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey; and

WHEREAS, there is no fee or cost to the Township to participate in this program.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, be authorized to execute the attached agreement.

K. Authorizing Mayor to Sign Contract Between West Morris YMCA and MAC for Rap Program

R-252-10

WHEREAS, there is a need to enter into a contract between the West Morris YMCA and MAC for the Rap Program; and

WHEREAS, the contract becomes effective September 1, 2010; and

WHEREAS, both parties agree to the terms of this contract.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the contract between the West Morris YMCA and MAC.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 7, 2010

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 2010 Budget and will be available in the 2011 Budget, Municipal Alliance Grant and Municipal Alliance - Township Match, to award a contract to West Morris Area YMCA to consult and coordinate the Municipal Alliance Community Rap Program in the amount not to exceed $1,400.00 for 2010 and $3,500.00 for 2011.

____________________________
Michael J. Soccio
Chief Financial Officer

L. Authorizing Closing of Quaker Church Road Between Center Grove and Quaker Avenue, Saturday, September 11, 2010, 7:00 a.m. to 4:00 p.m.

R-253-10

WHEREAS, Concord Development Co., LLC, wishes to close a section of Quaker Church Road between Center Grove Road and Quaker Avenue on Saturday, September 11, 2010, from 7:00 a.m. to 4:00 p.m.; and

WHEREAS, the purpose of closing the road is for the installation of a sanitary dog house manhole and 8" PVC pipe; and

WHEREAS, the road will only be accessible for local residents and emergency vehicles.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve of the road closing.

M. Raffles

(1) Special Affairs Permit, Randolph Chemical Engine Co. #2, September 30, 2010, 4:00 p.m. to 7:00 p.m. 340 Route 10, Randolph

(2) Off-Premise 50/50, Ladies Auxiliary of Randolph Chemical Engine Company #3, December 19, 2010, 10:00 a.m. to 2:00 p.m., 670 Millbrook Avenue, Randolph

(3) Off-Premise Merchandise Raffle, Interfaith Council for Homeless Families of Morris County, October 21, 2010, 6:00 p.m. to 10:00 p.m. at the Meadow Wood Manor, 461 Route 10 East, Randolph

(4) Tricky Tray, Kiwanis of Randolph for Friends of the Pound, October 2, 2010, 10:00 a.m. to 4:00 p.m., 502 Millbrook Avenue, Randolph

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, privately thanked the Clerk for her service to the Township and stated she thinks Mrs. Luciani does a wonderful job. Mrs. Stewart publicly thanked the Township Manager and is grateful for the Manager/Council form of government utilized in Randolph. Mrs. Stewart thanked Geoffrey Price for his efforts in coordinating the annual Freedom Festival. Mrs. Stewart expressed concern about traffic safety at the light on Sussex Turnpike and Millbrook Avenue, particularly for those making a left onto Millbrook Avenue and opposing traffic is making a right turn on red. She asked if a signal could be installed that would show a green arrow for right turns when traffic was coming off of Millbrook onto Sussex Turnpike.

Deputy Mayor Napoliello suggested Mrs. Stewart bring her traffic concerns to the Traffic Safety Committee.

Councilman Obremski noted that improvements should be coming from the County to Sussex Turnpike within the next several years. The Councilman will speak with one of the County’s representatives to see if Mrs. Stewart’s suggestion could be considered.

Nancie Ludwig, 14 Lookout Road, asked several questions. Those questions and their responses include:

• Regarding the check list for local government practices, do other municipalities use Randolph’s firing range (there is no formal agreement with other municipalities to use the firing range, however in some cases for emergency purposes another municipality or entity will use the range)
• Will documentation be attached to the check list that states Randolph increased local recycling by at least five percent in the last year (Randolph typically recycles at 55 percent which is in excess of state requirements, and therefore did not increase by five percent last year. The Manager will include documentation that denotes the 55 percent recycling rate.)
• Was money spent last year improving the radio dispatch area (an investment to the radio dispatch center was made and that center will continue to operate in support of the fire companies)
• Will a dispatcher still be required on site (no)
• Who will be responsible for calling out the local fire company (that determination will be made by the county dispatcher)
• Will the county employ someone to sit in our dispatch center (no, there will not be a person sitting in our dispatch center)
• Will the addition of a health educator bring Randolph into state compliance (yes)
• Will the health educator be able to sit on the MAC Committee (there is not a plan to assign the health educator to the MAC Committee—the health educator will work on projects for specific issues and the Township’s total expenditures will not exceed $1,500.00)
• Can the MAC Committee reach out to the Health Officer for a representative from the health department (yes)
• Regarding the Skylands’ tax appeal from 2008 and 2009, is a hotel going to be constructed at that site (Skylands owns two properties, one with the existing facility and an adjacent property in a wetlands area—Skylands purchased that second property in order to become a conforming use and to go before the Planning Board for approval for their proposed hotel—that second property is now deed restricted and can never be developed—the tax appeal settlement will likely be a short term loss for the town, but with the development of the hotel it will become a more profitable ratable)
• Was the tax appeal settled through negotiations or in court (through negotiation)

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier commented on two issues raised by Mrs. Ludwig in order to clarify those issues. His comments included the following:

• Regarding the Skylands tax appeal, negotiations are not done with the Council
• Experts have been retained who offer our attorney and Tax Assessor advice as to the viability of the Township’s position in trying to sustain the current assessment
• Decisions are made based upon both legal advice by the attorney as to the Township’s position and likelihood of prevailing in the case
• Settlements are based upon the evaluation of whether or not a worse result for Randolph would be possible through a court decision
• That process is used in every tax appeal and that is how the process worked for the Skylands tax appeals
• Regarding the equipment for the dispatch center, it should be noted that money put into the capital equipment over the last couple of years will continue to be used
• That equipment allows fire fighters to speak to each other during an emergency, which is something they could not do before
• The equipment operates electronically and there is no need to have a person on site

Manager Lovell noted that prior to making the investment into the equipment, a meeting was held with the County to discuss the purchase of this equipment and the County advised the Manager to move forward with the purchase.

Councilwoman Price stated that the Morris County remembrance ceremony for 9/11 will be held on September 11 at 7:00 p.m. at the County memorial site.

Manager Lovell noted that the VFW will hold a memorial that same day at 11:00 a.m.

Deputy Mayor Napoliello reported that planning for the Country Fair on October 2 is moving along well. This year there will be a yard sale component to the Fair as well an apple pie bake-off competition.

Deputy Mayor Napoliello made a nomination to appoint Michael Guadagno to an unexpired term as a member of the Community Services Advisory Committee. Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Deputy Mayor Napoliello made a nomination to appoint Enrico Prata to an unexpired term as a member of the Parks Committee. Councilman Metz seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 9:33 p.m.

_____________________________
Donna Marie Luciani
Township Clerk