502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: March 3, 2011

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 8, 2010, by emailing them the annual resolution adopted by the Council on December 7, 2010. 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 16, 2010.

PRESENT:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

Also Present: Township Manager John Lovell and John Miller, an attorney with the Law Offices of Edward Buzak

Mayor Mitsch led the Pledge of Allegiance.

HONORING 2010 VARSITY FOOTBALL TEAM CHAMPIONS

Mayor Mitsch presented a plaque honoring the football team’s achievements in 2010 and stated the following:

My first association with American Football came about 25 years ago when I immigrated to the United States. I knew soccer and Irish football and was familiar with baseball. I arrived during football season and noticed a sport that looked like Rugby! Only I couldn’t figure out the shoulder pads and what was with the funky looking goalposts. After a period of time, I came to realize that this was American football. One of my favorite pearls of wisdom was actually spoken by a football player which I will share with you now.

“Tackling well is all about attitude. In high school and college, I used to worry to myself before every play, Man, I’d better not mess this up ... better not miss that tackle. And I would miss. I learned to be a pro when I started saying I am going to make this tackle every play.” Gary Brackett, Colts middle line backer and defensive captain (and New Jersey native).

You have set the bar really high. Everything you have done that brought you to this victory will serve you equally well throughout your academic and professional lives. You have put Randolph on the map in a very positive way. Thank you for that. It’s a beautiful thing. Congratulations, and I wish you continued success in all your endeavors.

Coach Lusardi thanked the Mayor and Council for the honor bestowed on the team and for bringing the team back together again for the evening. He stated that he is very proud of his players. He thanked the parents and the community for all of their support. He’s proud to be in Randolph and is thankful and proud for the terrific year and for the terrific kids he had on his team.

Each member of the team was called by name and received a proclamation and Randolph pin in recognition of their efforts and achievements.

A brief reception with cake followed the presentations.

INTRODUCTION OF RICHARD BRIANT, FIRE OFFICIAL AND FIRE SUB-CODE OFFICIAL

Manager Lovell introduced Richard Briant as the new Fire Official in Randolph Township, replacing Ray Stromberg who has retired after serving Randolph for 25 years. The Manager provided a summary of Mr. Briant’s background and welcomed him to Randolph Township.

SWEARING IN—SERGEANT WILL HARZULA

Manager Lovell provided a summary of Sgt. Harzula’s educational and military background and congratulated him on his promotion to Sergeant.

The Oath of Office was administered to Sergeant Harzula by his father.

BREAK

RE-CONVENE

OPEN TO PUBLIC

A Succasunna resident who appeared before the Council in August 2010 came back to the Council to express his concern for the trees that are hanging on some wires along Route 10. He has tried contacting several utilities and not one of them has taken any responsibility or action for correcting the situation.

Manager Lovell responded that the wires in question belong to Verizon. The Manager spoke to a Verizon vice president in Public Relations and was told that if a tree takes a line down, Verizon will fix the line, however they do not do preventative maintenance. Verizon did indicate they would look at the trees in question and make a determination, and the Manager senses that the lack of action is their response to the issue.

Councilman Algeier suggested the resident reach out to the Board of Public Utilities to make a complaint about a potential danger on the highway. The Board has direct jurisdiction over all of the utilities in the state.

The gentleman from Succasunna also reported that on Route 10 at Mile Marker 3 the left lane is often covered with water which froze during the winter, making driving in that lane hazardous.

Mayor Mitsch responded that since Route 10 is a state road, the resident should contact Assemblyman Bucco’s office in Randolph to see if he could intervene with the NJ DOT.

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

INTRODUCTION OF 2011 MUNICIPAL BUDGET

Manager Lovell’s comments included:

  • The 2011 municipal budget follows a long-standing Randolph tradition of falling below state mandated caps governing appropriation and tax levy increases
  • The municipal budget and Capital Improvement Program totals $26,876,003.00, which is a 1.7 percent increase over 2010
  • The water and sewer budget totals $7,782,331.00, and increase of less than 1 percent over 2010
  • The municipal government is a service-based organization
  • More than half of the budget provides funding for the salaries and benefits of the full time and part time employees
  • The township has worked to reduce its workforce by eliminating full time positions through reductions and attrition
  • Increased service demands have been met through shared services, privatization, and embracing technology wherever possible
  • Certain increases are driving the budget numbers in Randolph
  • Health insurance premiums have increased by $395,598.00, a higher increase than anticipated due to the national health care laws enacted in 2010
  • In 2011, non-police employees are sharing in the cost of health insurance premiums by paying 1.5 percent of their salaries towards premiums at a total of $107,977.00
  • Police employees are contributing $35,316.00 through the FOP
  • The Reserve for Uncollected Taxes is increasing by $247,175.00
  • The Reserve for Uncollected Taxes is tied to the rate of tax collections achieved in the past year as well as the amount of taxes to be collected in support of the municipal, county and school operations
  • Tax appeals are necessitating an increase in the Reserve for Uncollected Taxes
  • Additional tax appeals are anticipated to be settled in 2011
  • The Capital Improvement Program is increasing by $259,300.00 as the township is faced with major infrastructure projects and the need to replace equipment
  • This year the Council is transitioning the Road Overlay Program back to a cash program
  • Police salaries and wages will increase by $144,000.00—the officers are in the fourth and final year of their collective bargaining agreement whereby in each of the four years they received a four percent increase
  • All other municipal employee groups are foregoing salary increases in 2011, and most had received increases far less than what the police have been receiving
  • The police pension is increasing $140,901.00 and pensions for all other municipal employees in increasing $132,589.00
  • Many of the problems created within the pension service is due to the way the state treated the pension system over the course of many years starting with the Whitman administration
  • Randolph has stayed current in its payments to the New Jersey pension system
  • The Manager expects both pension systems to undergo changes this year due to circumstances faced by the state
  • Savings were achieved in a number of areas of the budget, and in a number of areas spending was reduced
  • Much of that was due to reductions in municipal staffing that took place last year
  • This year he anticipates a reorganization in the police department which should have a positive impact on future budgets
  • The Randolph Council and employees look to achieve more with less
  • The township is embracing its responsibilities to maintain excellent service levels while simultaneously adjusting to long term demands to contain costs associated with services that help define Randolph’s quality of life for approximately 25,000 residents
  • The revenue side of the budget has been lagging for several years, most significantly in land use areas and a reduction in state aid
  • The ratable base may see some growth this year
  • This is the first time the Manager has seen the ratable base of a town shrink since he began in 1975
  • Randolph had greater losses than gains due to tax appeal settlements
  • Because of the weakness in so many revenue areas, the last resort is to go to the taxpayers for an increase, which the Council will reluctantly do this year
  • He has proposed a 3.3 cent increase in the tax rate, which will generate an additional $922,007.00
  • For the home assessed at $338,000.00 with a market value of $530,000.00, that will be an increase of $111.54 per year, or $9.34 per month
  • The Council never takes an increase lightly, but this is necessary to keep the municipal organization solvent and to maintain services at the level residents demand
  • The water and sewer funds are self-supporting through fees paid by the users
  • The sewer fund provides service to 3,900 properties and the budget is proposed at $4,840,991.00, a reduction of approximately 1/4 of a percent of the 2010 budget
  • Two major improvements are anticipated this year—the Sussex Turnpike improvement and the Butterworth Interceptor
  • The water fund provides service to 5,667 properties in Randolph and the water fund budget is proposed at $2,941,340.00
  • All water is purchased from the MCMUA which has been increasing their rates over the last several years
  • Randolph enjoyed strong water sales during the summer of 2010, however it is likely that water rates will require adjustments in 2011 to avoid a year end deficit in the water fund
  • It is his belief that the 2011 budget appropriations and revenue projections are the right numbers for Randolph
  • They will enable Randolph to meet the public’s demand for services
  • The budget is structured in a fiscally responsible manner to ensure the financial well-being of the municipal government now and into the future
  • Randolph benefits from elected officials and talented professionals who have employed long-term conservative strategies
  • Randolph continues to enjoy the AAA credit rating achieved in 2010 at a time when neighboring municipalities are experiencing reductions by the credit rating agencies
  • He compliments the Council for listening and responding to their financial experts
  • The Council has challenged the Manager and staff to do better while remaining realistic and pragmatic regarding the long-term fiscal health of the operation
  • He is deeply appreciative of their continued support
  • The 2011 budget that is proposed will enable the municipal organization to continue achieving excellence in government expected by the taxpayers and residents of Randolph

Introduction of 2011 Budget

R-76-11

The Manager read the following resolution into the record:

Municipal Budget of the Township of Randolph,
County of Morris,
For the Fiscal Year 2011

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2011.

BE IT FURTHER RESOLVED that said Budget be published in the Randolph Reporter in the issue of March 24, 2011.

The Governing Body of the Township of Randolph does hereby approve the following as the Budget for the year 2011:

Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the Township of Randolph, County of Morris, on March 4, 2011. A Hearing on the Budget and Tax Resolution will be held at the Municipal Building on April 7, 2011, at 8:00 o’clock p.m., at which time and place objections to said Budget and Tax Resolution for the year 2011 may be presented by taxpayers or other interested persons.

General Appropriations For:

1. Appropriations within “CAPS” 
(a) Municipal Purposes$22,406,174.36
2. Appropriations excluded from “CAPS” 
(a) Municipal Purposes9,448,779.64
Total General Appropriations excluded from “CAPS”9,448,779.64
3. Reserve for Uncollected Taxes Based on
Estimated 97.17 Percent of Tax Collections
2,778,380.00
4. Total General Appropriations34,633,334.00
5. Less: Anticipated Revenues Other Than Current Property Tax16,084,031.00
6. Difference: Amounts to be Raised by Taxes for
Support of Municipal Budget
 
(a) Local Tax for Municipal Purposes Including
Reserve for Uncollected Taxes
18,549,303.00

Deputy Mayor Guadagno stated that he has heard that if all of the municipalities in the county join the dispatch system, the county will take over the whole expense of the dispatch system.

Manager Lovell responded that information is correct. Other towns are joining very quickly, however he does not anticipate that Mt. Olive or Parsippany will join the system.

Councilman Algeier asked the Manager to explain what efforts were made to try to address the 4 percent increase for the police employees, what requests were made to the police to forego that increase, and the police response to those requests.

Manager Lovell responded that he forwarded a letter to the FOP President in December 2010 requesting they review their contract and consider the fact that other employee groups were contributing toward health benefits at a greater rate and were also not receiving increases this year. The Manager suggested that those two areas were under their control and asked that the police consider coming back to the table to see if there could be some latitude. The police response at that time was that they would require a great deal of information from the township and the Clerk’s Office began receiving a number of requests for information under the Government Open Records Act. The Manager repeated his request several weeks ago when the budget was drafted, presented a copy of the proposed budget to the police with the memorandums received by the Council that address where the budget is headed and asked the police to reconsider his letter of December 2010. Manager Lovell has not received a response from his last request.

Councilman Algeier reiterated that the Manager had asked the police to reconsider their contract twice, once before the proposed budget was drafted and again after the first draft was presented. The police response after the first request was to serve the Clerk’s Office with OPRA requests. The Councilman asked the Manager how many documents have been prepared and copied in response to the OPRA requests.

Mrs. Luciani responded that over 2,294 copies were made so far and there is still one more request to be completed.

Councilman Algeier asked if the Clerk has any estimate for the final total of copies requested.

Mrs. Luciani responded that copies should total approximately 3,200 or 3,300.

Councilman Algeier asked if the Manager’s second request to the police has thus far been ignored.

Manager Lovell responded that he has received no response to his second request.

Councilman Algeier asked what how 4 percent increase for the police impacts the tax rate.

Manager Lovell responded that the 4 percent increase will have about a 1/2 cent impact on the tax rate increase or $144,000.00, costing the taxpayer with an average assessed home approximately $17.00.

Councilman Algeier stated that from discussions the Council has had during the recent budget sessions, he senses the Council was unhappy about some of the cuts that were made but can accept them. He would have preferred the police to have responded favorably to the Manager’s request to re-consider their contract and he would have voted to return that money to the taxpayers in the form of a lower tax payment. Had the police response been favorable, the average tax increase on the municipal budget would have been around $94.00 instead of $111.00 on the average assessed home. The Councilman finds it unfortunate that we have a situation where people who are in the business of serving the public respond to a request to re-open negotiations by essentially declaring war on the township’s taxpayers, administration, and Council. Given the opportunity to prove their loyalty to the community, the police instead responded with a demand for approximately 4,000 documents, taking valuable time from the Clerk and her staff, and showing no regard, in his opinion, for the problems the community is facing on many fronts. The Councilman, when called to explain the budget increase to the public, will be forced to tell the residents the tax rate could have been kept lower had there been more cooperation. Councilman Algeier thanked the other bargaining groups and the administrative staff for their cooperation, and reiterated his dismay that the police would not even discuss the matter.

Councilman Obremski made a motion to introduce the budget. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello **
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

**Councilman Napoliello stated that he is never happy to see a budget that raises taxes, however he believes the Council worked very hard and brought the budget to a point where the quality of life expected by the residents will not be affected.

COUNCIL AND MANAGER REPORTS

Manager Lovell stated that John Van Brunt’s retirement is fast approaching. He has received quite a few resumes and will begin the process of sorting through them. He has asked that a couple of Council members assist him in the process of selecting Mr. Van Brunt’s replacement.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #03-11: Exceed Municipal Budget Appropriation Limits and Establish a Cap Bank

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2011 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that Randolph is well under the municipal budget cap for appropriations. The State of New Jersey requires the adoption of this ordinance if a cap bank is to be established. The cap bank creates flexibility in future budgets.

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

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2011 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Napoliello made a motion to adopt the ordinance. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

B Introduction

(1) Amendment to Traffic Code—Longview Parking

Manager Lovell stated that this ordinance will remove the restriction that prohibits parking along the entire length on one side of Longview and will limit that restriction to 250 feet on one side of Longview from Carrell Road. The Manager once again thanked Councilman Loveys for catching the restriction in the original ordinance. Manager Lovell noted that if this ordinance does not work as desired this spring, the issue may be re-visited in the fall.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-73, PARKING PROHIBITED ON CERTAIN STREETS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced and 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 7th of April, 2011, at 8:00 p.m. 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 stated that he believes the parking restriction is too long.

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

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS:
Councilman Algeier
Deputy Mayor Guadagno

(2) Bond Ordinance—$3.6 Million Funding the Construction of a DPW/Board of Education Shared Vehicle Maintenance Building on Sussex Turnpike

Manager Lovell stated that this bond ordinance appropriates $3.6 million for the DPW maintenance garage. The cost of the project will be split in three ways—the Board of Education will take on 33 percent, the Township general obligation will take on 40 percent, and both the water fund and sewer fund will take on 13.5 percent of the value of the project. The Manager feels the time is right for this project to be completed in that construction costs are down with the weakened economy and the Board of Education has a lease for their fleet that is due to expire at the end of the year. Much of the work can and will be done in-house in order to keep costs down. This building will be delivering vital services to the township for possibly 40 or 50 years and will serve the taxpayers well.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO THE DEPARTMENT OF PUBLIC WORKS FACILITY IN AND BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $3,600,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,464,000.00 BOND OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be introduced and 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 7the of April, 2011, at 8:00 p.m. 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 MacArthur noted that he is generally supportive of the new building and sees the need for it. He asked what will be the square footage for the new building because he believes the cost to build the structure is somewhat high.

Manager Lovell responded that there are a couple of issues that must be dealt with in the municipal sector. The Fair Labor Standards Act requires the municipality to pay a much higher rate than the private sector pays for construction, which drives the cost of the project about 30 or 40 percent higher. Also, there is a site plan and demolition tied to the budget for this project. The Manager is hopeful that this project will be completed under budget whereby he can return the unused portion to surplus, however he does not want to be in a position where he would have to come back to the Council for more funds and so a number has been built into the budget to ensure that does not happen.

Councilman MacArthur asked for more information regarding the Fair Labor Standards Act.

Manager Lovell responded that the municipality is required by law to pay the prevailing wage, which is a union number. For each type of job, there is a category for that wage. During the course of the project, Randolph will likely be audited by the state several times to ensure compliance with the Act. The Manager noted the Act has been in place for many years and has gotten worse over the last few years.

Councilman MacArthur asked how this project will impact the debt service costs.

Manager Lovell responded that, between this project and the project on Calais Road, the debt service numbers will return to where they were about three years ago. The Manager will provide the exact numbers to the Council.

Councilman Loveys, in response to Councilman MacArthur’s question on square footage for the proposed DPW building, reported that the building will be 22,386 square feet. The Councilman asked if the Board of Education’s involvement in the project will amount to a zero effect for them.

Manager Lovell responded that it is his understanding of the impact for the Board of Education.

Councilman Loveys asked if the second architect on the project confirmed whether or not the first architect’s estimates were accurate.

Manager Lovell responded that the second architect felt the numbers provided by the first architect in May 2009 were somewhat aggressive. Although those numbers did not include the cost for demolition and site plan work, the second architect agrees that the work can be completed within those numbers.

Councilman MacArthur voiced his distress and distaste for the huge increase the municipality will have to pay under the Fair Labor Standards Act and asked if this is a cause that can be taken up by Randolph’s legislators.

Councilman Algeier responded that the Act is enforced under the guise that the work done is quality work done by union members. He noted that he has been fighting this Act for many years.

Deputy Mayor Guadagno made a motion to introduce the ordinance. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

COMBINED ACTION ITEMS

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

A. 2011 Temporary Capital Budget—Improvements to the Department of Public Works Facility

R-77-11

WHEREAS, the Township of Randolph desires to constitute the 2011 Temporary Capital Budget of the Township by inserting therein the Improvements to the Department of Public Works Facility.

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

Temporary Capital Budget
Township of Randolph
County of Morris, New Jersey

ProjectEstimated CostCapital Improvement FundGeneral Bonds
Improvements to the Department of Public Works Facility$3,600,000.00$1,136,000.00$2,464,000.00

B. Refund Tax Sale Certificate to R. Rothman, 12 South Road—$47,579.25

R-78-11

WHEREAS, Outside Tax Sale Certificate #1861 held R. Rothman, assessed to Mrkulic/Husein, Block 40, Lot 10, 12 South Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $46,479.25, and premium in the amount of $1,100.00.

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 $47,579.25 to R. Rothman, holder of Tax sale Certificate #1861.

C. Refund Overpayment to Diego and Elisa Vega, 1 Guerin Drive—$1,492.72

R-79-11

WHEREAS, Diego and Elisa Vega have overpaid 2011 taxes in the amount of $1,492.72 on Block 47, Lot 37, 1 Guerin Drive; 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 $1,492.72 to Diego and Elisa Vega.

D. Refund Overpayment to Patrick and Cara Gilligan, 11 Piersons Hill Road—$1,882.01

R-80-11

WHEREAS, Patrick and Cara Gilligan have overpaid 2011 taxes in the amount of $1,882.01 on Block 147, Lot 6, 11 Piersons Hill Road; 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 $1,882.01 to Patrick and Cara Gilligan.

E. 2010 Tonnage Grant

R-81-11

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal programs and to continue to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for the 2010 Recycling Tonnage Grant will memorialize the commitment of this municipality to recycling and to indicate the assent of the Randolph Township Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that Randolph Township hereby endorses the submission of the Recycling Tonnage Grant application to the New Jersey Department of Environmental Protection and designates Mark Caputo to ensure that the application is properly filed.

BE IT FURTHER RESOLVED that the monies received from the Recycling Tonnage Grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

F. Refund Building Permit for 193 Center Grove Road to Warren Riley—$1,611.00

R-82-11

WHEREAS, on October 18, 2010, Warren Riley, 193 Center Grove Road, applied for a building permit in the amount of $2,185.00; and

WHEREAS, Mr Riley has canceled his project; and

WHEREAS, it is recommended by the Construction Official that Mr. Riley be refunded his application fee of $2,185.00 less a 20% Plan Review in the amount of $437.00 and a D.C.A. fee of $137.00 for a total refund of $1,611.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $1,611.00 to Mr. Warren Riley, 193 Center Grove Road, Randolph, New Jersey 07869.

G. Award of Professional Services Agreement—Prepare Documents for Emergency Flood Hazard Area and Wetlands Permit for the South Salem Street Water Main Repair—Not to Exceed $2,500.00—Ferriero Engineering, Inc.

R-83-11

WHEREAS, the Township of Randolph has a need to retain Ferriero Engineering, Inc. pursuant to the provisions of N.J.S.A.19:44A-20.4; and

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

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Ferriero Engineering, Inc., Chester, New Jersey, has indicated they will complete the preparation of necessary documents for submission to the NJDEP for the Emergency Flood Hazard Area and Wetlands Permit for the South Salem Street Water Main Repair for an amount not to exceed$2,500.00; 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 enter into a contract with Ferriero Engineering, Inc., as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value is on file with the original agreement for 2011.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 3, 2011

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 the 2011 Budget, Water and Sewer, Other Expense, to award a contract to Paul Ferriero, Inc. to Prepare Documents for the Emergency Flood Hazard Area and Wetlands Permit for the South Salem Street Water Main Repair in the amount not to exceed $2,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Refund Escrow Funds From BL Developers, LLC, Block 21, Lots 7 and 155—$14,000.00

R-84-11

WHEREAS, the Planning and Zoning Department received escrow funds from BL Developers, LLC, Block 21, Lot 7 and 155, in the amount of $14,000.00; 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 $12,609.33 plus interest be refunded to BL Developers LLC, 15 Suffern Place, Suffern, NY 10901.

I. Transfers Between 2010 Budget Appropriation Reserves—$62,400.00

R-85-11

WHEREAS, various 2010 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 2010 Budget Appropriation Reserve in the last two months of 2010; and

WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts, incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, that transfers in the amount of $62,400.00 is made between the 2010 Budget Appropriation Reserves.

FROMAMOUNTTOAMOUNT
Utilities—Gasoline$11,000.00Utilities—Fuel Oil$1,000.00
Police—S & W$50,400.00Utilities—Natural Gas$10,000.00
Water/Sewer—Electric$1,000.00Legal, O.E.$7,500.00
  Recycling, O.E.$9,000.00
  Electrical Insp., O.E.$3,000.00
  Engineering, S & W$2,500.00
  Snow, S & W$25,000.00
  Snow, O.E.$3,400.00
  Water/Sewer—Natural Gas$1,000.00
TOTAL$62,400.00TOTAL$62,400.00

Manager Lovell pointed out that the transfers for last year’s budget comes out to 2.03 of 1 percent, which indicates Randolph does a very good job at budgeting.

In response to an earlier question from Mrs. Stewart regarding miscellaneous expenses for snow removal, that figure includes the cost of feeding the crew plowing during a snow storm and the replacement and repair of equipment that breaks down or wears out during the year.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that she will be asking more questions at the budget hearing in April. Mrs. Stewart asked that an analysis be done and shared with the public regarding garbage versus recycling showing costs and benefits for both which will hopefully encourage more people to recycle. Mrs. Stewart stated that she finds the budget bit confusing in that it doesn’t show revenue versus expenditures on the same document.

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

COUNCIL AND MANAGER COMMENTS

Deputy Mayor Guadagno recounted an article he read about the recalculation of the ratings for municipalities based on the new pension formula and asked if that will have an impact on Randolph’s rating.

Manager Lovell responded that he does not know in that he has not read the story. He asked the Deputy Mayor to provide a copy of the article to him. The Manager cautioned that he does foresee Randolph’s rating coming under fire over the course of the next year or so due to the inevitable drawing down of the surplus. He noted that several towns’ ratings have dropped recently and he is not sure how long Randolph’s AAA rating will stand. The Manager stated that rating agencies will likely come under fire as well.

Councilman Napoliello, having served for 15 years on the Recreation Committee and 10 years as its chairperson, volunteered to serve on the committee that will help the Manager select a new Parks and Recreation Director if the Mayor so wishes.

Councilman Algeier asked if the Manager would prepare a breakdown of the status of the trust fund for the parks and open space.

Manager Lovell responded that he will provide that information and noted that the fund is very tight at this time. Freedom Park will be paid off in 2017 and, at that time, there will be more flexibility in the fund.

Councilman MacArthur noted that a well-regarded economist has recently projected $500 billion in bond defaults over the next ten years. The Councilman believes rating agencies will be coming under a lot of pressure and will become more selective, and that Randolph will likely have a harder time maintaining its AAA rating.

Manager Lovell responded that Randolph carries a very light debt load, which is not the case across America, and has a very strong financial statement. Also, the prosperity of a city can determine whether or not they fall into debt. The Manager agrees with Councilman MacArthur in his assessment that credit agencies will want to downgrade debt since being conservative looks better than being wrong.

Councilman Loveys noted that John Van Brunt did complete a first draft of proposed parks projects which was discussed by the Parks Committee.

Manager Lovell responded that the first draft was likely rejected at his level. Mr. Van Brunt re-worked the proposal based upon the realities of what the trust could handle. The Manager stressed to the Council that the parks can be maintained, however major park improvements can not be undertaken at this time.

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 9:50 p.m.

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Donna Marie Luciani
Township Clerk