502 Millbrook Avenue, Randolph, NJ 07869-3799
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All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: May 31, 2012

A work session of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Guadagno. 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 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. 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 8, 2011.

PRESENT:
Councilman Loveys
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

ABSENT: Councilwoman Mitsch

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

Mayor Guadagno led the Pledge of Allegiance.

The meeting began in the Main Foyer of the Municipal Building with a reception for three Township Boy Scouts who earned the rank of Eagle Scout. Awards were presented to Eagle Scouts Steven Wagner, David Saxon, and Thomas Hoolahan.

OPEN TO THE PUBLIC

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

MANAGER’S REPORT

Township Manager John Lovell reported that the Public Works maintenance building, which is shared with the Board of Education, should be completed in the coming week. However, the site plan will be worked on for the next month or so to set up the parking lots and complete everything. He also reported that the Community Center/Library project has been moving along quickly. He expects the staff at the Community Center to move into their offices possibly in July, and then the renovations to the other section of the building will take place. The Manager has received a lot of positive feedback about the projects. He also stated that they have been working on a series of Change Orders now that the project is winding down. Manager Lovell reported that the soccer-rama was a big success again this year and the opening of Randolph Lake went off without a hitch. In concluding he stated that he would be adding one item to the Executive Session, Police Investigations.

ZONE CHANGE APPLICATION—SHELTER DEVELOPMENT, LLC

Manager Lovell stated that there was a zone change application from Shelter Development, LLC and that they would make a brief presentation and answer any questions from the Council.

Attorney Douglas Henshaw gave a brief overview of the project and introduced Shelter Development employee David Holland and planning consultant Michael Tobia to further explain the project and answer questions. They were hoping to gain insight as to whether the project makes sense from Randolph’s perspective, and if it is worth them taking the next step and going to the Planning Board for them to do a study and evaluate the request from a land use perspective.

Mr. Holland explained that Shelter Development, LLC has been in business for thirty-five years and they have been developing senior living communities like Brightview for the past fifteen years. He further explained that they are not just developers, they also own and manage the communities they develop. The facility offers a continuum of care, starting with independent living, and moving into assisted living. There is also a secured area for those with cognitive impairment.

Questions from the Mayor and Council included:

  • The facility would be in an area close to professional services, banks, and shopping centers, but the facility, if self-contained, will there be walkways for residents to get to these other buildings? A: There will be walkways and access to nearby buildings, but most residents will be in their eighties and nineties and would use the facility’s transportation.
  • Where is a Shelter Development facility closest to Randolph? A: Evesham Township, in southern New Jersey.
  • Are all of the communities three stories, are any of them two stories? A: Typically they are three stories, and the concept behind that is to create a footprint that is reasonably tight and compact as to create shorter hallways for residents so their walk from an apartment into a core area of all the common activity space or dining is relatively easy.
  • How many employees are usually on site for 125 units? A: There are three shifts, with approximately thirty-five staff members on the first and second shifts, and approximately five staff members on the third shift.
  • How much traffic in and out of the facility is anticipated? A: A traffic study has not been done, but an estimate would be about twenty cars during peak hours. There is a town car and a small bus or van for transporting the residents.
  • Would each of the fifty-five independent units have their own cars? A: Historically about thirty to thirty-five percent of the independent living residents bring cars in, but over time they use the car less because they want to use the services at the facility. Virtually none of the assisted living residents drive.
  • Do residents move from independent living to assisted living to full nursing care? A: Residents would move from independent living to assisted living, but there is no skilled nursing. There is a secured area and programming for those with cognitive impairment.
  • Is the facility targeted for the upscale homeowner? Is it a fee for service or are the units purchased? A: There will be some component that has availability of Medicaid, but generally it is a private pay system. The units are purely rental; there is no upfront fee structure.
  • Where exactly is this on Quaker Church Road? A: On Quaker Church, near Millbrook Avenue; there are two parcels between this property and Grecco. Planning consultant Michael Tobia displayed photo boards showing the facilities in Evesham Township and Rockville, MD. He also stated that the property is 5.6 acres, it has about 763 feet of frontage across Quaker Church Road, and 320 feet of depth. The current proposal is for a three story building, 129,000 square feet, and 100 parking stalls would be provided which allows for one stall per each independent living unit, one stall per each employee at peak shift, and a few extra for visitors.
  • Was the parking area moved from the front to the back in the newest depiction? A: Yes, initially there was more parking along Quaker Church Rd., but that parking was relocated to the side and back of the building in order to allow for a fifty foot buffer. Access is proposed off of the high point on Quaker Church Rd. because there are some sight distance problems. In the concept plan there is a big path system, and connections to the neighboring facilities can be explored. In order to have wheelchair accessibility, the paths would have to be barrier-free, and the grades would have to work right. There are some slope problems on the east side of the parcel, so it is unknown if it can be graded smoothly enough to get to the office buildings.
  • Where the building is proposed, it is on the higher part of the mountain. The building is already three stories and will now be on the top of the grade, how will the grading be handled so it doesn’t look overwhelming to the people on Quaker Church Rd.? A: The grading still needs to be addressed since the plan is not yet at that stage.
  • Another issue is that there are really two fronts, Quaker Church Avenue and Route 10. How will both sides be smooth since there isn’t really a back to the building? A: The architectural detailing goes around all four sides, the same detailing, the same color, the same ornamentation, etc. There isn’t frontage on Route 10, the office condos right on Route 10 deny access to the highway, and will probably block some view of the building from passersby on Route 10. A visual comparison can be developed to show the height of the existing office building at the corner of Millbrook Ave. and Route 10 and the proposed height of the building.
  • Lot 17 is to the west of the property and the Grecco development to the east, has there been any communication with the homeowner to purchase that property so there isn’t a residential property between two non-residential properties? A: There has not been communication with the resident, but attempts will be made to be neighborly and inform them of what we are proposing. However, there are actually two parcels between the properties, Lots 17 and 18. Lot 18 belongs to the bank and some communication has taken place. Manager Lovell stated that the applicant had previously come and discussed acquiring the property in the front. There was a good faith offer made, but it was unsuccessful.
  • What is the breakdown of the number of units for independent living and assisted living? A: There will be approximately fifty-five independent living units, forty-five assisted living units, and twenty-five cognitive impairment units.
  • What are you trying to accomplish by getting this overlay of this AL Conditional Use Zone? A: The Ordinance now has a conditional use that permits assisted living. It is permitted in an office lab zone, an I1 zone, and an I2 zone, all of which are along the same corridor of Route 10; the Sunrise facility is in I1. This has been looked at for a couple of months, the conditions shown basically fit right into the existing zoning. There are a couple of minor adjustments that would have to be made if this proposal was accepted. One would be to specifically recognize independent living units as a permitted use, and another would be to recognize that the rear yard setback is a little less than what was permitted at Sunrise. The reason for rear yard setback was to try to move this building off of Quaker Church Rd.
  • In passing Merry Heart in Succasunna, cars are overflowing the parking lots and parking on Main Street; they have fewer spaces than meet their needs. Since we do not want cars parking on Quaker Church Rd., it is imperative to provide an adequate number of parking spaces. A: The planners have studied this quite a bit; however, Mr. Tobia stated that he would check out Merry Heart and determine what they have in terms of parking yield. The two good standards are one stall for every independent living unit, and one for every employee; the proposal is for more than that. There is the possibility to provide more, and some of those stalls could be banked, not pave them initially, but have it approved in case more were needed in the future. It was pointed out that Merry Heart also has an intensive rehabilitation and skilled nursing center which is traditionally much more intensive than the use in this case because of the significantly higher staffing ratios for skilled nursing.
  • A sidewalk down Quaker Church Road would be ideal in order to get to the shopping center. A: That can be done; however, there is prime plant material along the road that would have to be cleared to grade for the sidewalk. It was suggested that if Lots 17 and 18 were also acquired, there would be more room for banked parking spaces as well as a walkway.
  • Has any thought been given to doing an easement to alleviate traffic on Quaker Church Road? A: Similar to the discussion that we are trying to have with the bank, we are trying to engage the people at the condominium office space in discussions as to whether they would allow us some access rights.
  • What is the target market for this facility? Who is likely to move into this facility, is it people vacating Randolph homes, is it people vacating nearby apartments? A: Typically they are homeowners who have built up a large amount of equity, they can then use those assets to spend down over time to augment whatever income they have. The resident base will be very similar to that of the Sunrise facility. The monthly service fees are going to be somewhere starting in the three or four thousand dollar range so some affluence is required.

The applicants were referred to the Planning Board.

DISCUSSION ITEMS

(A) Water Consumption Appeal—10 Julianne Way

Manager Lovell introduced resident Greg Potere. The Manager provided the Mayor and Council with Memorandum which detailed the history of the water issue; the automatic meter reading system which became very problematic. He explained that Mr. Potere received an enormous water bill when the new reading system was put in place and that he had first appealed to Mike Soccio who made an initial adjustment. Mr. Potere then appealed to Manager Lovell who made a second adjustment. He is now asking if there is flexibility to make an additional adjustment. The Manager stated that he has taken this matter as far as he was comfortable and the matter is now before the Council for consideration.

Mr. Potere explained that he and his family moved into the home in early 2004, but there was no landscaping installed until about 2006-2007. He stated that he had all the water bills, all related notes, and all the invoices from the sprinkler company. Mr. Potere explained that he had received water bills, paid them, and never had a problem. The bills he received and paid were estimated bills; however, he was unaware of that until someone pointed out the letters EST on the top left corner. Mr. Potere said that one day he received a notice in his mailbox that the water meters in his neighborhood were faulty and needed replacing. He stated that he called the Water Department and was told the meters were faulty, not making correct readings, and replacing it would be very quick. Mr. Potere scheduled an appointment and the meter was replaced. Shortly after, he received a water bill for $7,800.00 and went to the Municipal Building and spoke to Mike Soccio. Mr. Potere stated that Mike Soccio told him that there was a problem with all the water meters on the street and that everyone was going to be charged for the water consumption. There was discussion between Mr. Potere, Mike Soccio, and Manager Lovell and it was agreed that Mr. Potere would pay $5,000.00. The Manager also told Mr. Potere to keep track of the water consumption over the next several quarters. Mr. Potere stated that he returned to town hall every quarter and his water bills averaged $45 per quarter since the new meter was installed. He explained that there was no way he could have consumed $7,800.00 worth of water in two years. Mr. Potere reported that he spoke to all of his neighbors on Julianne Way asking if they received large water bills when there was the issue with the faulty water meters in 2009. None of the neighbors had received large water bills.

Mayor Guadagno asked Mr. Potere if he had used the water or if he thought he had been charged for water that he didn’t use.

Mr. Potere responded that he used water, but he felt that he could not possibly use the amount of water he was charged for, even if he watered his lawn 24/7.

Manager Lovell explained that there are two components to a water meter, one measures the amount of water used, and the other is a reading device. He stated that it was the reading device that was not working. It was determined that the recording in these cases was correct, gallons consumed was a correct number; however, the incorrect information was getting into the computer system through the Verizon connection. This problem existed throughout Randolph, and a number of homes had large bills.

Mayor Guadagno asked for clarification that the water meter was accurate as far as the Town was concerned, it was just that it wasn’t getting the meter readings back to the Town.

Manager Lovell believed the consumption had taken place, but that Mr. Potere was not properly billed. He had explained in the Memorandum to Council that if people were getting accurate readings, and then they got a big bill after they put in landscaping, they would correct the behavior the next year. The Manager explained that he didn’t know how many years Mr. Potere had watered his lawn, but they had gone back and established that it was about a three year period in which the water was consumed. Manager Lovell expressed to the Council that the problem was wide spread, and that a lot of people ended up with back bills. The Township abandoned the Verizon system and went to a radio read; as the conversions were taking place, the information was becoming very accurate. The Manager felt confident that the gallonage went through Mr. Potere’s meter, and was consumed on his property. He also stated that he has seen $2,000.00 water bills for summer usage, and that Mr. Potere’s bill over a three year period is not unheard of for using lawn sprinklers.

Deputy Mayor MacArthur asked Councilman Obremski how an issue like this would be handled by a large utility company and if there was a limit as to how many years they would go back for billing.

Councilman Obremski explained that State statute allows a utility company to go back six years or until when the problem was determined. He also explained that when there are actual readings, it was actually consumed, the other rate payers should not have to pay for that. The utility companies have also heard consumers say that if they had known, they would have it adjusted. Councilman Obremski felt that the two adjustments already made for Mr. Potere by Manager Lovell were very generous. He then asked for clarification related to Manager Lovell’s letter dated May 19, 2009 and the meter test issue, and noted that the second paragraph states, “I instructed Township staff to pull your water meter to have the meter tested at an independent laboratory. You advise that the calibration test is unnecessary and therefore I have withdrawn the directive.”

Manager Lovell stated that he felt that the meter has been running accurately given the consumption Mr. Potere has had all the years since. The Manager also stated that in his experience he has never had meters speed up, the meters always slow down.

Councilman Loveys stated that, based on the figures in the letter dated May 19, 2009, the annual bill would be $1,852.00. He felt that the $5,000.00 compromise that was made was reasonable based on factoring the $1,852.00 by three years.

Manager Lovell reported that the part of the meter that actually records, that is still at Mr. Potere’s house, can be swapped out at any time, and this has been done for residents when the Township has been challenged. When it has been challenged, the Township will often waive the fee, get the meter tested, and verify its accuracy. That document, from a third party testing agency, is then shared with the property owner.

Mr. Potere stated that since 2009 his water bills have been $45 to $48 per quarter.

Councilwoman Veech asked if Mr. Potere was still using the watering system.

Mr. Potere stated that he was still using the watering system, and since the amount has been the same every quarter since 2009, he felt that the meter is working. However, he felt that the faulty equipment was not properly reading the water consumption.

Councilman Obremski asked if it was possible to test the meter and if it tests accurately then there is no question.

Manager Lovell stated that Mr. Potere would have to agree to have the meter removed and tested. He also stated that if the result was that the meter was faulty, he would make a large adjustment.

Mayor Guadagno asked Mr. Potere if he was agreeable to have the meter removed and tested.

Mr. Potere stated that he thought it had been tested in the past. He expressed to Manager Lovell that he believed the meter was taken because he remembered writing down the meter reading, and he recalls getting a letter about it being tested and there was a new number to start off with.

Manager Lovell stated that he would check to see if the meter had been tested. If it had been tested, there would be a report with the test result.

Mayor Guadagno concluded the discussion by stating that if the meter tested true, Mr. Potere’s bill would stand, but if the meter tested false, then the bill would be revised.

(B) Amend Memorandum of Understanding with Habitat

Manager Lovell reported that the Township is in the process of working on an amendment to the Memorandum of Understanding with Habitat for Humanity. Additional dollars from the developer’s funds will be assigned toward the cleanup of that site. The Manager stated that this is being done to ensure that money collected in Randolph stays in Randolph to create affordable housing since it is believed that in the future, Trenton will be pulling unspent New Jersey Council on Affordable Housing (COAH) dollars. If Habitat for Humanity responds to Attorney Buzak’s letter, and is amenable to the proposed changes, it will come before the Council at the next meeting.

Councilman Loveys asked for clarification regarding Section I, Item 2, Affordability Assistance and Section II, Items 1 and 2.

Manager Lovell explained that there are different types of funding. The Affordability Assistance is to assist people with rent or with a down payment; Habitat for Humanity does have people that are unable to make the down payment. The Manager explained that those people either take a larger mortgage or they fundraise to make up the difference. This would allow the Township to put some dollars in those cases, so people could have a larger down payment towards the project. It allows for the ability to access part of the funds that would definitely be lost otherwise because there isn’t affordability assistance in Randolph. Habitat for Humanity would determine the applicant’s eligibility for the funding. Manager Lovell further explained that this $250,000.00 would be drawn down over the period of the project, approximately five years. However, by approving this amendment, the Township will be able to encumber those dollars and use them for affordable housing in Randolph.

Deputy Mayor MacArthur asked if there was a net increase in funding and also if the $148,598.17 in Section I, Item 1 was an increase.

Manager Lovell explained that the $250,000.00 for Affordability Assistance was a large increase and the $148,598.17 was also an increase and was when investments were made to the Habitat for Humanity property. The Manager further explained that $300,000.00 had previously been approved by the Council for the housing plan, and has been set aside in the fund; this follows the housing plan that was submitted to COAH.

The issue will be brought before the Mayor and Council for a vote once Habitat for Humanity responds to Attorney Buzak’s letter.

(C) Deer Committee Update—Proposed Ordinance

Councilman Loveys reported that the subcommittee met three times since the April 26th Council meeting: May 3, May 10, and May 29. Based on discussions at the April 26th meeting, several key people were invited, and attended, the meetings. The Chairperson of the Mendham Wildlife Committee who has coordinated very successful drives from the Coombs Hollow area into Clyde Potts, Sue Grassmeyer, who is one of the leading advocates in the revamping of the program, a gentleman who has a lot of experience in municipal deer reduction type programs, and owns the Randolph Garden Center on Sussex Turnpike, Russ Nee who is a fireman in town and part of the Morris County Park Commission, and Dave Helmer, the Executive Director at Morris County Parks, all attended the meetings. Councilman Loveys reported that Sue Grassmeyer agreed to be the liaison to the public for those with questions and/or concerns about the program. Keli Gallo, from The Buzak Law Group, has helped with some of the legal issues, as well as developing language for a form that will possibly be on the Township website in the future. Councilman Loveys stated that Manager Lovell had created a synopsis of the deer program, both past and present. It was decided that the town will maintain control of the hunts which will continue to occur in the private open spaces, and the committee will also look for additional open spaces. He reported that the subcommittee is still going through the Deer Control Subcommittee of the Parks Committee and that they recently met to discuss making the below changes in the future:

  • The possibility of an earlier start date of approximately Sept. 8 instead of Oct. 1 for the hunt
  • Possibly increasing the number of permits issued
  • Placing some restrictions, one being that people will have to meet this year in order to qualify for the event in 2013 and 2014
  • The establishment of a formal advisory committee, the Wildlife Management Advisory Committee, with a Council liaison and a designee from the Manager’s Office
  • An email address has been established, .(JavaScript must be enabled to view this e-mail address)

Councilman Loveys reported that Manager Lovell had provided mapping to two people the committee brought in that were looking to help guide the committee with information about private properties. By looking at the mapping, information can be gathered on such things as furthering the drive through Coombs Hollow and into Clyde Potts by way of expanding some of the private property in Ironia and Mt. Freedom as well as the Alamatong well fields. That area currently is not legally hunted, and it is owned by the Morris County Municipal Utility Authority (MCMUA). The Morris County Park Commission is hoping to get a hunt started in that area, and the deer committee is supporting that effort. Councilman Loveys reported that Manager Lovell included information in the Summer Quarterly due to be mailed in mid-June, and Sue Grassmeyer created a draft with information for residents on organizing private hunts which will be put on the website in the future.

Manager Lovell stated that the email address will be included in the Summer Quarterly, and will eventually be on the website. Both he and Sue Grassmeyer will be checking the email regularly.

Councilman Loveys reported that progress is being made, and the Township is heading in the right direction to manage the deer population. He felt that if the Ordinance is passed, the Wildlife Management Advisory Committee would become very valuable; not only for the length of time it takes to get the population under control, but also in the future for maintaining a healthy balance.

Mayor Guadagno asked why it was felt that a representative from the Parks Committee should be on the Wildlife Management Advisory Committee. He also pointed out that a designee from the Manager’s Office would be a member, and questioned why that person would not just be the head of the Parks Department.

Manager Lovell explained that several years ago, when it was first determined that something needed to be done about the deer population, it was assigned it to the Parks Committee. The Parks Committee supervises the Township’s open space and parks, and since there is a lot of open space and park land, it is important to continue to hunt those areas. The Manager also explained that the appropriate designee from the Manager’s Office might not be the head of the Parks Department; if there is an employee who is a knowledgeable hunter, that employee might be the better choice. Manager Lovell stated that he would like to have the flexibility to designate who he thought was the most knowledgeable from his staff.

Deputy Mayor MacArthur questioned the timing of the Ordinance.

Councilman Loveys explained that the Ordinance is establishing the framework for the committee, and that the initial appointment of committee members will not occur until January 1, 2013.

Manager Lovell stated that the Ordinance will be introduced and the first reading will take place on June 7th.

(D) Complete Streets

Manager Lovell reported that he and Mayor Guadagno attended a seminar on Complete Streets. It was advised that the Township adopt the philosophy for Complete Streets via the adoption of a resolution. By adopting a resolution, the Township will accrue an additional point toward grant applications. The draft resolution was taken from a Somerset County town and modifications were made specific to Randolph. The Manager stated that it will be read at the next Council meeting.

Deputy Mayor MacArthur expressed concern over declaration D, which states “the detrimental environmental or social impacts shall not outweigh the need for these accommodations.” He asked for clarification about the wording since it might be interpreted that Complete Streets trumps everything else. Deputy Mayor MacArthur was also concerned that the Township would be giving up the right to design what’s feasible in the future, and giving the NJ Department of Transportation that power. He stated that he wouldn’t want to do that just so the State can give the Township credits.

Manager Lovell replied that in Randolph, only Route 10 is a State road, and therefore the only street that relates to Complete Streets; all other roads belong to the County or the municipality. The Manager agreed with Deputy Mayor MacArthur’s opinion and stated that declaration D could either be removed or reworded.

There was discussion about the wording of the resolution and various examples related to streets within the Township. Manager Lovell felt that Complete Streets would not have an impact on the Township in the future. Deputy Mayor MacArthur disagreed with the Manager and was concerned that it might be used against the Township in inopportune ways.

Councilwoman Veech asked for Keli Gallo to interpret the document so she could better understand.

Keli Gallo stated that she tended to agree with the Manager; however, if the Council was not comfortable with the wording, it could be tweaked.

Mayor Guadagno stated that the wording in the resolution would be altered and the matter was tabled until the June 7th meeting.

(E) Leasing Township—Owned House

Mayor Guadagno stated that he would like to form a subcommittee and asked that Deputy Mayor MacArthur, and Councilmen Obremski and Loveys be the members. There is one township-owned house on Mountainside Rd. that has been vacant for a number of years and the subcommittee will determine if it should be repaired or demolished.

Manager Lovell suggested visiting the house and reporting back to the Council.

Councilman Obremski will chair the subcommittee.

(F) Support for World Falun Dafa Day

Mayor Guadagno called for a motion, and no motion was made.

COMBINED ACTION ITEMS

Councilwoman Veech made a motion to approve the Combined Actions. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilwoman Mitsch

R-140-12

A. Change Orders #12, 13, & 14 for DPW to Eliminate a Portion of the Top Course Paving Resulting in a Reduction of $6,545.00

WHEREAS, the original contract with Rochelle Contracting Co. is $2,940,000; and

WHEREAS, change orders #1 - #11 were previously approved and resulted in a decrease to the original contract in the amount of $49,616.12; and

WHEREAS, it is recommended by the Township Engineer that the following Change Orders be approved:

Change Order #12: Deletion of top course paving at the rear of the garage and represents a decrease of $6,545.00.

Change Order #13: Additional electrical work in the building to accommodate additional needs in the Board of Education space and the pumps for the Septic System and represents an increase of $13,906.20

Change Order #14: Final selection of carpet tiles in the Board of Education space above the allowance in the contract and is an increase of $418.31.

WHEREAS, the revised contract with Rochelle Contracting Co. including all change orders is $2,898,163.39.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that Change Order #12 thru #14 be approved and the contract amended.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: May 31, 2012

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 availability in Ordinance #5-11, DPW Facility, to amend the contract with Rochelle Contracting for Change Orders #12 thru #14 in the amount not to exceed $20,869.51

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-939-300

R-141-12

B. Change Order #16, #17, #18, & #19 for Various Changes to the Community Center/Library for ML, Inc.—Bringing New Contract Total to $2,403,165.54

WHEREAS, the original contact with ML Inc. is $2,214,000; and

WHEREAS, Change Orders #1-15 were previously approved and resulted in a increase of $158,337.36; and

WHEREAS, it is recommended that the following Change Orders be approved:

Change Order #16: Electrical changes to the project resulting in an increase of $4,884.68.

Change Order #17: The removal and replacement of old damaged sidewalk for an increase of $2,970.00.

Change Order #18: Cover old tongue and grove walls with sheet rock for an increase of $10,606.20.

Change Order #19: Electrical changes per Township Electrical Inspector of an increase of $12,367.30.

WHEREAS, the revised contract with ML Inc., including all change orders is $2,403,165.54.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that Change Orders #16 through Change Order #19 be approved and the contract be amended.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: May 31, 2012

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 availability in Ordinance #2-10, Renovations to the Community Center/Library/VFW, to amend the contract with ML Inc. for Change Orders #16 thru #19 in the amount not to exceed $30,828.18

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-927-300

R-142-12

C. Authorizing the Settlement of a Tax Appeal—MRL Holdings

WHEREAS, MLR Holdings, LLC (formerly Mt. Freedom Golf Partners and Mt. Ventures, LLC) (“Property Owner”) is the owner of certain property within the Township of Randolph (“Township”) known and designated as Block 86, Lot 63 on the Official Tax Map of the Township of Randolph, and commonly known as 1275 Sussex Turnpike (the “Property”); and

WHEREAS, the Property Owner brought a tax appeal to the Tax Court of the State of New Jersey challenging the assessed value of the Property for Tax Year 2009 (Tax Court Docket No. 010520-2009) and Tax Year 2011 (Tax Court Docket No. 011068-2011); and

WHEREAS, the Property Owner and the Township, in settlement of the 2009 and 2011 tax appeals, executed Stipulations of Settlement which were submitted to the Tax Court for entry of judgment, said settlement being authorized and approved by the Township Council in Resolution R-80-12 incorporated by reference and made a part hereof; and

WHEREAS, in the executed Stipulation of Settlement between the parties for the 2011 Tax Appeal, the parties agreed to apply the base year assessment of $750,000 to Tax Year 2012 by application of the Freeze Act (N.J.S.A. 54:51A-8, et seq.); and

WHEREAS, the Property Owner has filed a direct appeal to the Tax Court seeking a reduction in the 2012 assessment of the Property to $750,000 as set forth above; and

WHEREAS, the Township intends to approve and authorize the Stipulation of Settlement between the parties for 2012, a copy of which is attached hereto and made a part hereof; and

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

1. The 2012 assessment of the Property known and designated as Block 86, Lot 63 on the Official Tax Map of the Township of Randolph shall be reduced from a total assessment of $1,873,900 to a total assessment of $750,000 as is set forth in the Stipulation of Settlement attached hereto and made a part hereof.

2. Upon receipt of the Tax Court Judgment for Tax Year 2012, the Tax Collector is hereby authorized to refund the amount of any overpayment to the Property Owner, said refund being attributable to the reduction in the assessment of the Property for Tax Year 2012, in the form of credits against taxes paid within sixty days from the date of the entry of the Judgment to be issued by the Tax Court.

3. The Township Attorney is authorized to sign the Stipulation of Settlement on behalf of the Township.

4. The Tax Assessor, Tax Collector, Township Attorney and all other appropriate officers and employees are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

5. A copy of this Resolution shall be provided to the Township Attorney, the Tax Collector and the Assessor.

6. This Resolution shall take effect immediately.

R-143-12

D. Authorizing Amendment to Green Acres Project Agreement

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Randolph has previously obtained a loan of $2,250,000 and a grant of $4,250,000 from the State to fund the following project(s): Randolph Acquisition Program; and

WHEREAS, the State and the Township of Randolph intend to increase Green Acres funding; and

WHEREAS, the applicant is willing to use the State’s funds in accordance with its rules, regulations and applicable statutes, and is willing to enter into an Amendment of the Agreement with the State for the above-named project;

NOW, THEREFORE, BE IT RESOLVED BY THE Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof, as follows:

1. That John Lovell or the successor to the office of township manager is hereby authorized to execute an Amendment to the Agreement increasing grant funding to $4,750,000, and;

That the applicant has its matching share of the project, if a match is required, in the amount of $4,000,000.

That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project, and;

The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project, and;

That this resolution shall take effect immediately.

R-144-12

E. Authorizing Purchase from ADT Security Services for System at DPW Building—$44,042.91

WHEREAS, the Township of Randolph wishes to purchase a video surveillance security system for the DPW building; and

WHEREAS, ADT Security Services has NJ State Contract #77349 (M7004; NJPA 062909-ADT) for this item; and

WHEREAS, the cost for the purchase and installation of this equipment is $44,042.91; and

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 a video surveillance security system for the DPW Building from ADT Security Services under NJ State Contract #M7004 77349 (NJPA 062909-ADT)

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: May 31, 2012

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 availability in Ordinance #5-11,DPW Facility, to award a contract to ADT Security Services for a Video Surveillance Security System for the DPW Facility in the amount not to exceed $40,042.91

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-939-300

F. Raffle Licenses

Special Permit for Social Affair, Ironia Fireman’s Association, 331 Dover Chester Rd., Ironia, NJ, on August 18, 2012 from 5:30 p.m. to 12:00 a.m.

Raffle License, Off-premise 50/50, Randolph Chemical Co. #3 Ladies Auxiliary, 670 Millbrook Ave, Randolph, NJ, on December 16, 2012 at 2:00 p.m.

REVIEW AND SET PROPOSED AGENDA FOR JUNE 7, 2012 REGULAR MEETING

Mayor Guadagno asked that everyone review the agenda for June 7, 2012 and incorporate the changes made at this meeting.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road stated that she had been involved in a car accident. The police on the scene called the rescue squad. It was a Saturday so the members were the Township volunteers. Mrs. Stewart wanted to thank the members of the rescue squad, and publically let the Council know how wonderful they were.

John Inglesino stated that he had submitted a revised letter on May 30, 2012 regarding the Stonybrook Day Camp, and attended the meeting to see if there were any questions he could answer for the Mayor and Council.

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

COUNCIL COMMENTS

Councilman Loveys reported that Steve Helig has taken over as Chairperson of the Parks Committee; a Vice Chairperson has not yet been nominated. A student liaison is still needed on the committee.

Deputy Mayor MacArthur reported the Communication Task Force met on May 11th, and the implementation is moving along. The Swift911 program will be announced in the newsletter at the end of June. Mailers will be going out to residents at the end of June as well. A test of the system will take place in September.

Manager Lovell reported that the fall newsletter will announce the exact day in September. The first round deals with the reverse 911 information, which is all the land line information in Randolph. The system will allow for up to four additional phone lines, such as a cell phone, business phone, or a second line in the home. This data is being collected over the summer and into the fall. The Manager reported that in late fall, a second notification to people will be sent regarding the advisory alerts. The two shouldn’t be confused since they are two different notifications.

Mayor Guadagno questioned how the information will be handled with regard to OPRA.

Deputy Mayor MacArthur stated that there will be a footnote on the application that informs people that the information is subject to public disclosure. Deputy Mayor MacArthur then reported on the topic of the Council and Manager having remote access to the agendas and attachments. A hosted document management agenda system was settled on and a contract will be awarded next week.

Mayor Guadagno reported that he sits on the Rockaway Valley Regional Sewerage Authority board, and it looks like the Director is going to resign. As the Mayor of Randolph Township, he will probably get a vote on the future director.

EXECUTIVE SESSION

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 remaining portion of the meeting.

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

A. Stonybrook Day Camp Negotiations
B. Police Investigations

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.

Councilwoman Veech made a motion to move into Executive Session at 9:35 p.m. Councilman Napoliello seconded the motion and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilwoman Mitsch

Councilman Napoliello made a motion to return to Open Session at 10:05 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilwoman Mitsch

ADJOURNMENT

Councilman Napoliello made a motion for adjournment at 9:50 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilwoman Mitsch

____________________
Donna Marie Luciani
Township Clerk