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Township of Randolph
502 Millbrook Ave.
Randolph, NJ 07869-3799
Tel: 973.989.7100
Fax: 973.989.7076

Township Council » Meetings » Minutes: August 4, 2011

Minutes: August 4, 2011

A regular meeting of the Randolph Township Council was called to order at 7:10 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. Notice of the time change, which included this meeting date, was advertised in the Randolph Reporter on July 21, 2011.

PRESENT:
Councilman Loveys (via telephone)
Councilman MacArthur
Councilman Napoliello
Deputy Mayor Guadagno
Mayor Mitsch

ABSENT: Councilman Obremski

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

Mayor Mitsch led the Pledge of Allegiance.

PRESENTATION OF INDIVIDUALS SEEKING APPOINTMENT TO FILL THE UNEXPIRED TERM OF JUDGE ALGEIER (Term August 4 Through November 8, 2011)

Mayor Mitsch stated that the Republican Committee will be introducing three candidates for the Council’s consideration to fill the seat vacated by Gary Algeier.

Kathy Algeier, Vice-Chairperson for the County Republican Committee, noted that there is tremendous talent on the current Town Council and that the Republican Committee in Randolph continues to be strong and in a position to present three experienced and qualified candidates for the Council’s consideration—Joanne Veech, Robert Sesko, and Mark Forstenhausler.

Mrs. Veech thanked the Committee for selecting her and noted that it would be an honor to serve Randolph. Mrs. Veech provided a summary of her experience and background, which included:

She has lived in Randolph since 1995 with her husband and two sons
Active member of Resurrection Parish serving on Good Samaritans, long time CCD teacher, presenting Caring Group for the Bishop, leading youth service projects
First woman on Randolph Bulldog Football Committee—held the position of equipment manager which included being responsible for the safety of the kids in regard to the proper fit of helmets and equipment
Served on Lacrosse and Ice Hockey Committees
Personally raised over $20,000.00 to build the food stand at Freedom Park
Served on high school Booster Clubs and ran many fundraisers and banquets
First and youngest woman to serve as the Board of Adjustment Commissioner in Verona before moving to Randolph
Presently serves on the Randolph Board of Adjustment
Served as the Traffic Advisory Committee Chairperson for the last five years winning state-wide recognition for Randolph Teen Driver Safety programs
Co-authored a “how to” guide for municipalities to start their own Traffic Advisory Committee which has been successfully utilized by many other municipalities
Awarded the New Jersey Safety Council Distinguished Service Award in 2009 and was named the New Jersey State GDL Champion in 2011
Recently served on the Recreation Committee and Community Services Committee
Graduated with a BS in accounting and MBA in finance and is a New Jersey certified internal auditor (currently on inactive status)
For twenty years has served on the University Alumni Board of Governors for Farleigh Dickenson in various positions
Employed by PricewaterhouseCoopers—served as Director in Human Capital specializing in talent—presently onboarding Leader for more than 40,000 new employees and responsible for offboarding strategy

Councilman Napoliello asked Mrs. Veech if she could foresee any problems with attending Council meeting if she were chosen to fill the seat.

Mrs. Veech responded that she does not foresee any problems with attending Council meetings and noted that her attendance has been good for all of the other boards and committees on which she has served.

Councilman MacArthur noted that Mrs. Veech has been very involved in many aspects of the township and asked what has driven her passion for public service.

Mrs. Veech responded that she was brought to various Council meetings in her youth by her parents which forged her passion and stated that her reason for serving is to make a difference.

Mr. Sesko’s comments included the following:

He and his wife have lived in Randolph since 1975
Has greatly admired the many men and women who have served on the Town Council since that time
He realizes that serving on the Council takes a great deal of effort and dedication
He is currently in a position to retire from his job and looks forward to serving Randolph in a new capacity

Councilman Napoliello asked Mr. Sesko if he foresees any problems with being able to attend Council meetings.

Mr. Sesko responded that he does not foresee any problems attending Council meetings.

Councilman MacArthur noted that Mr. Sesko has been involved with areas involving zoning and traffic within the community and asked how he feels experience in those areas would help him should he be selected to serve on the Council.

Mr. Sesko responded that sitting on both the Board of Adjustment and Traffic Committee has taught him to be able to accept input from the public on issues that directly affect them and to have the ability to weight that against what would be beneficial to the town.

Mr. Forstenhausler’s comments included the following:

He and his wife have lived in Randolph for 17 years and their daughter is currently a student at the Middle School
Graduated from Montclair State College with a degree in history
Currently employed as a sales manager for a firm in Denville
Raised in North Caldwell where he was active in the Boy Scouts and earned the badge of Eagle Scout
In Caldwell he served as an Assistant Scout Master and served on the fire department for 17 years before moving to Randolph
Joined the Randolph Fire Department upon his arrival in town serving in Company 2
Has served as Deputy Fire Chief and as Fire Department Chief in 2005 and 2006
Serving on Randolph Fire Department Board of Engineers
Trustee on the local youth association
Life member of both the Randolph Fire Department, North Caldwell Fire Department, and New Jersey State Firemen’s Association
Board member of the New Jersey State Firemen’s Association
Currently serving on the Randolph Board of Adjustment
Has always enjoyed volunteering and serving his community and the residents

Councilman Napoliello asked if Mr. Forstenhausler would foresee any difficulties in attending the Council meetings if he were chosen to fill the vacancy.

Mr. Forstenhausler responded that he did not foresee any problems with attending meetings.

Councilman Napoliello asked Mr. Forstenhausler why he would want to serve on the Town Council.

Mr. Forstenhausler responded that he enjoys doing things for the community and helping people. He noted that he has been helping people in a physical capacity for a long time and would like to begin looking in other directions to be of service.

Councilman MacArthur asked how serving on the Board of Adjustment has shaped him.

Mr. Forstenhausler responded that many times the Board of Adjustment is challenged to interpret existing ordinances and apply them to various situations and he finds that interplay interesting.

Mayor Mitsch noted that she has known all three candidates since she has been on the Council and finds them all to be extremely well qualified and she believes the experience they could bring to the Council, both personally and professionally, would be an asset.

Councilman Loveys apologized for not being able to attend the meeting in person but he noted that he did listen to what each candidate had to say. The Councilman believes Randolph is blessed to have quality candidates who are willing to give of their time and that the choice to be made tonight will be difficult.

Councilman Napoliello echoed that the decision before the Council is a difficult one and noted that any of the three candidates would be a good choice.

Councilman MacArthur made the following observations:

Mrs. Veech has a commitment to community that has been sustained in many diverse directions—she is passionate about safety and quality of life—excellent experience with the Board of Adjustment and Traffic Advisory Committee—has an education in finance—would add value to the Council
Mr. Sesko has similar experience on the Board of Adjustment and Traffic Committee—long-time resident of the town and understands the issues—has been involved with the Republican Club which shows a political commitment to the town—has a background in business and software engineering which would be of use on the Council
Mr. Forstenhausler has an overwhelming commitment to public safety—public safety is a big component of the Council’s responsibility

Deputy Mayor Guadagno reiterated that the choice before the Council is a difficult one.

APPOINTMENT AND SWEARING-IN OF NEW COUNCIL MEMBER

Deputy Mayor Guadagno nominated Joanne Veech to fill the Council seat vacated by Gary Algeier. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Mrs. Luciani administered the Oath of Office to Mrs. Veech.

APPOINTMENT AND SWEARING-IN OF SGT. NEIL CAUFIELD

Manager Lovell provided the Council with background information on Sgt. Caufield.

The Oath of Office was administered to Sgt. Caufield by his fiance.

Mayor Mitsch noted that, during a recent liaison meeting with the Board of Education, the new School Superintendent stated that he has had occasion to work with the Randolph Police Department and is impressed by their professionalism, courtesy and hard work.

INTERMISSION

PRESENTATION—Deer Control Sub-Committee:

Plan to Parks Committee
Deer Control Sub-Committee Memo
Hunt Smart Card

Manager Lovell introduced several members of the Deer Control Sub-Committee and Parks Committee in attendance, including Enrico Prata, Linda Johnson, Russ Newman, Sue Grassmyer and Marc Perez.

Mr. Prata’s comments included the following:

Randolph started hunts in the parks and on other properties of the town in 2009
There was a harvest of deer in 2009 and again in 2010
The number diminished somewhat last year with 51 deer harvested
There are approximately 120 car/deer collisions per year
Costs in damage to people’s properties is a problem which has been reported to the Sub-Committee
Local weather conditions provide a conducive environment for deer and it is believed that the deer population has increased even with the hunt
It is estimated that a well-fed deer could give birth to two or three fawns at one time
What more can be done as a community in order to control the deer population
A property owner can legally allow hunting on their own property if they follow the New Jersey laws and Fish and Game regulations that control deer hunts
It is out of the purview of a community to directly control the hunt because state law trumps local law
Many people think that the deer are the property of the township, however deer are actually the property of the state and the state has ultimate control
The Sub-Committee decided to explore the possibility of informing and encouraging people to be able to hunt on their own properties
The proposal is to communicate this fact to the people
Hunting on private property is bow and arrow only—no guns are involved in any way
Hunting can not occur within 150 feet of a neighboring property
The Sub-Committee needs the endorsement of the Council in order to take this information to the community using the Newsletter and web site

Deputy Mayor Guadagno asked what is done with the deer after it is killed in the hunt.

Mr. Prata responded that the deer at that point is the property of the hunter. The kill must be reported and the hunter must be licensed. The property owner and the hunter will have a simple contract called the Hunt Smart Card which clearly states what can or can not be done on the property.

Councilman MacArthur noted that an amendment to the law was due that would change the distance from 450 feet to 150 feet. The Councilman asked when that new law would take effect.

Mr. Prata responded that the new law was enacted last year and is in effect.

Councilman MacArthur asked if bows such as compound bows and crossbows would be included in the hunt and if there are any limitations.

Mr. Perez responded that all bows mentioned by Councilman MacArthur would be legal.

Councilman MacArthur noted that while he is generally supportive, he is concerned with safety. The Councilman asked if the Township had any legal right to make the state law more restrictive.

Mr. Prata responded that the state does control the hunt.

Mrs. Johnson stated that it is already legal for people to hunt in their backyard and that the Sub-Committee is not asking for the Council’s endorsement. The Sub-Committee is asking the Council for permission to advertise the hunt in the town Newsletter and on the town web site. Mrs. Johnson noted that the town can not impose different rules from the state and that the state’s rules supersede anything local municipalities try to enforce.

Councilman Loveys asked what is done with the Hunt Smart Card once it is signed by the hunter and property owner.

Mr. Prata responded that both the property owner and hunter keep a copy.

Councilman Loveys asked what would be involved for someone to become a licensed hunter.

Mr. Perez responded that the hunter would have to complete a state-approved safety course and must follow the rules involved in the purchase of any kind of hunting weapon.

Councilman Loveys noted that the concept is to try to shoot downward with the arrow, however there are no requirements that a hunter must do so. The Councilman asked if this issue is left to the hunter’s discretion.

Mr. Prata responded that topography plays a role in how an arrow is shot. However, as part of the Hunt Smart Card program, the homeowner can make that requirement a part of their agreement.

Councilman Napoliello asked if a homeowner needs a license to hunt in their own backyard.

Mr. Prata responded that you must be licensed to kill a deer.

Deputy Mayor Guadagno made a motion to allow the Deer Control Sub-Committee to educate and advise the residents of the New Jersey Hunt Smart Card. Councilman Napoliello seconded the motion.

Councilman MacArthur amended the motion that Council approval for the Sub-Committee to advertise this initiative should be subject to legal counsel providing an independent verification that what is being endorsed is the law in the State of New Jersey. Deputy Mayor Guadagno and Councilman Napoliello agreed to the amendment and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Manager Lovell stated for the record that the state rules and regulations for hunting are readily available on the State’s web site.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, noted that the Landmarks Committee has never been able to find the owners of the Baptist Cemetery on West Hanover Avenue, therefore the state turned the cemetery over to the municipality in 1979 and the Township currently owns it. Improvements at that site are estimated to cost approximately $1,500.00 or more. Rather than burden taxpayers with this cost, Mrs. Whilden suggested either applying for a grant from the Historical Commission or use some of the money in the Randolph Open Space fund. Mrs. Whilden noted that Morris County is in a better position than most to help non-profit organizations. Mrs. Whilden asked about the municipal library tax that appeared on her tax bill.

Manager Lovell responded that this year the law changed. There is a county library tax for those towns that are active in the county library system and there is also now a municipal library tax. The appropriation that was funded through municipal taxes is now funded through the library tax under the library section.

Judith Stewart, 114 Everdale Road, stated that she believes there are more young deer this year and asked if a survey should be done to determine if the deer hunt is effective.

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

COUNCIL AND MANAGER REPORTS

Councilman MacArthur noted that the Recreation Committee did not meet in July due to the lack of a quorum. The Councilman did meet with the Board of Education where David Brown, the new School Superintendent, was introduced. Councilman MacArthur found the Mr. Brown to be very open and is encouraged that he will work with the Council on future shared services. Also discussed at the meeting was the additional $739,000.00 provided by the state to the Randolph School District. The Board of Education has decided to defer their decision on how to use that money until 2012 and 2013.

Deputy Mayor Guadagno noted that the Landmarks Committee is working on putting together a house tour in Randolph. The Deputy Mayor was pleasantly surprised at how many people showed up to help clean up the cemetery and noted that the people did an excellent job. He suggested a thank you letter be sent for their efforts.

Manager Lovell responded Councilman MacArthur has already suggested that the Church of Jesus Christ of Latter Day Saints be invited to the August meeting to thank them and to provide them with a proclamation.

Manager Lovell noted that debris has been removed from the Library/Community Center sites and the concrete floor of the old hotel basement will be taken care of tomorrow. The site plan contractor will be back on site next week to resume work, and the contractor who will expand the Community Center and make improvements to the Library is on site and will begin work next week. The DPW building is currently undergoing demolition and is moving along very quickly. The Manager was recently in Trenton along with Darren Carney and Mark Caputo to meet with the section chief in charge of site remediation to discuss the Rosenfarb Farm located on Calais Road. The discovery of pollution on that site dates back to 1993 and there has been virtually no remediation of that site to date. The site is a part of the 155 acres of land that was associated with Heritage 55. A great deal was learned from this meeting, which the Manager will be sharing with the Council in the form of a memorandum. A meeting was held with Sal Campo, the developer of Heritage 55, and his attorney to discuss the status of Heritage 55 and the status of the open space lands. Heritage 55 has received all approvals and they expect to renew construction on that site this year. In addition, the township will receive the first dedication of open space late this year. Manager Lovell stated that Randolph Park has had a tough summer and has been closed several times due to the goose population at the lake. The staff has been communicating with other area lakes to learn how they handle this issue and to see if any programs have been beneficial.

Councilman Loveys stated that there will be a commemorative tree dedication on October 11 at Brundage Park in memory of Nelson Matos, a past member and chair of the Parks Committee. A bench dedication will take place in honor of a friend and neighbor of Anne Standridge.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #17-11: Amending Sections of the Land Development Ordinance—Outdoor Dining, B-1 “Neighborhood Business Zone”

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-26.2.B AND 15-26.4 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that it was learned that the Planning Board has over the years granted approval for outdoor dining to several businesses in Randolph, however the attorneys have discovered and determined that the zoning ordinance does not list this as a permitted use. This proposed ordinance will address the issue of outdoor dining in the B-1 Neighborhood Business District Zone and will regulate that outdoor dining in this zone not be conducted after 10:00 p.m. and shall not exceed 20 percent of the indoor seating. The other business zones will be addressed by a separate ordinance since there is a desire in some cases to allow for less restrictive regulations.

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

Robert Bennett, 17 Ironia Road, provided to the Council a petition signed by residents in the Ironia section asking that the proposed ordinance for the B-1 zone be rejected.

Mr. Buzak asked that the petition be handed to the Township Clerk.

Mr. Bennett stated that he believes many issues other than hours and seating have not been addressed, such as distance from residential properties and noise issues. He doesn’t believe enough time was spent researching the issues concerning this ordinance and it should be more restrictive.

Councilman MacArthur asked Mr. Bennett to state his primary concern related to this proposed ordinance.

Mr. Bennett responded that typically there is a lot of noise associated with outdoor dining, the hours go later than stipulated, and often garbage and debris gets blown around the neighborhood.

An attorney representing the families at 8 Ironia Road and 19 Ironia Road had the following comments and questions:

Noise associated with outdoor dining is a primary concern
Drinking, the use of foul language, and traffic are also concerns
What kind of application must be made if additional hours are sought by the restaurant (an application may be made for permission to operate additional hours if the applicant can demonstrate in a written analysis that site conditions allow for sound generating from outdoor dining—the property owner has the ability to apply for an extension but must go through a comprehensive process to demonstrate why they need it)
Prior to 10:00 p.m., is the property owner required to comply with the noise ordinance (yes)
Was it considered that an accessory structure such as a patio which is not enclosed should have a greater setback than a primary structure like an enclosed restaurant (no, an accessory structure doesn’t necessarily have to be open)
It is his understanding that only one property, the Pizza Pub, is being implicated by the proposed ordinance—were the ordinances concerning parking, septic, stormwater management, etc., considered when this ordinance was being drafted (any property owner would have to comply with all of the town’s ordinances—this ordinance specifically addresses the issue of outdoor dining)
His clients are concerned about the policing of this property which has not been done adequately in the past since the Pizza Pub began in 1996
The purpose of a mixed zone is to protect residential homeowners who are part of a business zone and be as less intrusive as possible, which this ordinance does not do
It is their belief that the Pizza Pub has been operating illegally since 1996 and this proposed ordinance will essentially ratify all of the illegal behavior that has occurred over the last 15 years

Mayor Mitsch noted for the record that the Pizza Pub has not been operating illegally since 1996. The Pizza Pub had a permit and approval to operate their business and was conducting outdoor dining under an approval that was granted to them by Planning Board. It was just discovered that the Planning Board did not have the authority to give that approval. Regarding the issue of complaints from residents, the Mayor noted that she has been on the Council since 1999 and until recently nothing had come forward to the Council.

Deputy Mayor Guadagno asked if the attorney could produce police reports for noise violations at the Pizza Pub.

The attorney responded that he did not have that information.

Councilman MacArthur reiterated that everyone must comply with the township’s noise ordinance. The proposed ordinance stipulates that if an applicant wants to exceed the 10:00 p.m. closure time, they must provide written proof to the reviewing board that they will be in compliance.

Eric Behre, 4 Ironia Road, stated that when he moved into his house 12 years ago he contacted the police and Boards of Health in both Randolph and Chester several times concerning noise. He found the owners of the Pizza Pub to be unresponsive to his concerns. Studies showed that fans on the Pizza Pub premises were the problem and the issue was eventually resolved. However, with the onset of outdoor dining the noise became a problem once again. He asked if the ordinance requires people to leave the outdoor dining area at 10:00 p.m. and noted that it is not unusual to find people on the patio at midnight and children running around on the lawn on the weekends. He noted that he and his neighbors have complained to the Planning Board on many occasions regarding the noise, parking, and water runoff.

Marion Burke, 10 Ironia Mendham Road in Chester, noted that there are several young children who reside in houses close to the Pizza Pub and the noise interrupts their sleep. She is a teacher and stated that it’s very difficult to teach children who are exhausted. Ms. Burke believes the Council should be supportive of the residents who live in the area.

Barbara Crowley, 49 Ironia Road, stated that she does not believe that parking at the Pizza Pub is adequate.

Donna Marie Coughlin, 8 Old Brookside Road, stated her concerns regarding noise associated with outdoor dining and the impact on residential neighbors.

Joe Burke, 10 Ironia Mendham Road, asked if the Pizza Pub has a defined number allowed for indoor seating.

Deputy Mayor Guadagno responded that the plans on file in the Planning Department will state how many seats the Pizza Pub is allowed to have for indoor dining.

Mr. Burke asked if there has been any consideration for alcohol being served outside since the Pizza Pub is close to residential homes.

Mr. Buzak responded that the Pizza Pub’s liquor license would include areas in which they serve alcohol.

A resident living on Devonshire Road stated that he would oppose any ordinance that would allow any restaurant in the B-1 zone to offer outdoor dining.

Mrs. Gallo stated for the record that the Planning Board did review the ordinance at their July 11 meeting and found the ordinance to not be inconsistent with the Master Plan.

Mr. Buzak noted that the Clerk has signed an affidavit stating that requisite notices were sent.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-26.2.B AND 15.26.4 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech stated that she shares the noise concerns expressed by residents. The Councilwoman noted that there is some advantage to the Planning Board and Board of Adjustment having an opportunity to review each application on a case-by-case basis. If the Council were to not adopt this ordinance, properties in the B-1 zone could then be handled on that same case-by-case basis with restrictions determined more specifically to their individual needs.

Councilman MacArthur stated that he understood the exception for extensions beyond 10:00 p.m. differently than was expressed by Mayor Mitsch. He believed that it would allow a restaurant to get a permanent extension beyond 10:00 p.m., not just approval for a special event.

Ms. Gallo responded that, depending on the circumstances, a restaurant could ask for a special occasion permit or a permanent one, and it would be up to the board to decide.

Councilman MacArthur made the following comments:

The residents’ issues with the Pizza Pub brought this issue of outdoor dining to a head
The Pizza Pub currently has an application before the Planning Board
The Planning Board initially granted them permission for outdoor dining as an accessory use to their business
The Council has discussed whether it was an appropriate interpretation and decided the issue of outdoor dining should be more specific
The Council has a desire to hear the neighbors in these areas, but there is also a desire to enhance the enjoyment of patrons who enjoy outdoor dining
The issue of outdoor dining as a whole is complicated, but even more so in a residential zone because of the concerns expressed this evening
The zones have been split into two separate ordinances in order to deal very specifically with outdoor dining in the neighborhood zone
If this ordinance dealing with outdoor dining in the neighborhood zone is not adopted this evening, restaurant owners can still go to the Zoning Board for a variance
While the Councilman favors outdoor dining, at this time he doesn’t think the Council should pass this proposed ordinance this evening and should allow for ample time to revisit the issues

Councilman Napoliello asked Manager Lovell if there have been a tremendous amount of complaints to the police regarding outdoor dining at the Pizza Pub.

Manager Lovell responded that no complaints have reached his desk since he started in 1998 until the first complaint he received when outdoor dining began for this season.

Councilman Napoliello asked Mr. Buttafuoco how many people can sit inside of his restaurant.

Mr. Buttafuoco responded that 80 people can sit inside. Mr. Buttafuoco noted that no resident has ever come to him to complain about any of the issues mentioned tonight since 1995 except for the fans. The complaints started coming as a result of his recent application to the Planning Board. He stated that he would have been happy to work with the residents to resolve their issues had he known about them.

Councilman Loveys stated that he believes the Council should be supportive of the neighboring residents, however outdoor dining can be a very pleasant experience for other residents as well. It is his hope that the owners of the Pizza Pub would choose to be good neighbors and would work very hard to enforce the ordinances in place. At this point, the Councilman is in favor of supporting the proposed ordinance as it exists now.

Deputy Mayor Guadagno asked if Councilman MacArthur is looking to stop outdoor dining altogether.

Councilman MacArthur responded that he is very much in favor of outdoor dining. If the ordinance is adopted, the residents must prove that a restaurant owner is not conducting his business as he should. However, if the ordinance does not get approved for the B-1 zone, the burden shifts to the business owner to prove to the Planning Board or Board of Adjustment that he can provide outdoor dining without disrupting the neighborhood around them. The vast majority of opportunities for outdoor dining are covered in another ordinance.

Mr. Buzak’s comments included the following:

If the ordinance is adopted as is, a new applicant would have to come before the Planning Board because outdoor dining is a concept
That triggers the need for a site plan application
If the applicant had within their site plan an area outside where they would have outdoor dining, they would be allowed to do that within the limitations of the ordinance
If the ordinance is not adopted, a new applicant could not go before the Planning Board to apply for outdoor dining but would instead have to go before the Board of Adjustment for a use variance
There are very strict criteria that an applicant must meet to obtain a use variance
The fact that the Pizza Pub has been operating with outdoor dining for the past 15 years may be of no consequence to the Board of Adjustment when making their determination
Due to the fact that the Pizza Pub has been in operation for 15 years, they could in theory present testimony to the Board regarding the impact of their operations over the last 15 years, however the neighbors could also come before the Board and speak of the impositions it has made on their lives as well
The process of obtaining a variance is a difficult one
In addition to proving special reasons an applicant must also demonstrate negative criteria in that there is no substantial detriment to the public good by granting a variance and no substantial impairment of the zoning ordinance or Master Plan
In general, a municipality should regulate its land use by ordinance as opposed to regulating it by variance to ensure uniform standards in a particular zone
The Board of Adjustment should be used as more of a safety valve when those regulations are onerous to allow for deviations

Mayor Mitsch asked what would happen to outdoor dining in Randolph in the B-1 zone if this ordinance were not to pass.

Mr. Buzak responded that outdoor dining is currently a non-permitted use and the restaurant would be in violation if they were to continue with outdoor dining in the B-1 zone.

Councilman MacArthur thanked Mr. Buzak for providing clarity on the use of the Board of Adjustment in this regard.

Councilman Napoliello made a motion to adopt the ordinance as presented. Deputy Mayor Guadagno seconded the motion.

Councilman Loveys asked for clarification in that if the ordinance is adopted, must applicants still go before the Planning Board for site plan approval.

Mayor Mitsch responded that new applications for restaurants must go through the entire process before the appropriate board and that outdoor dining is not automatically approved.

Councilman MacArthur asked the following questions:

If the ordinance is adopted, would the Pizza Pub be grandfathered by the ordinance (no, they have a pending application before the Planning Board)
Will all of the concerns expressed this evening will be heard by the Planning Board as a part of that application (yes)
An applicant for a new restaurant will, in every single case, have to go before the Planning Board before they can open outdoor dining (yes, under a site plan approval—if there is an existing restaurant with a patio that is not in use currently for outdoor dining and they decide to offer outdoor dining, they would have to come before the Planning Board because they are changing the use of that patio area and it would require site plan approval)

Councilwoman Veech suggested changing the language in Section 1, Number 3, to read “sitting outdoors shall not be allowed after 10:00 p.m.”

Mr. Buzak responded that if the ordinance were to be amended to that degree, the Council would not be able to adopt the ordinance this evening.

Deputy Mayor Guadagno and Councilman Napoliello did not accept the proposed amendment.

Deputy Mayor Guadagno stated that his view of the ordinance was that food service must stop at 10:00 p.m. but patrons may be allowed to remain on the patio until the restaurant closes.

Councilman MacArthur and Councilman Loveys stated that they viewed the ordinance as having people leave the patio by 10:00 p.m.

Councilman MacArthur asked if the ordinance couldn’t be adopted because the wording was changing with the proposed amendment or because the intent was changing.

Mr. Buzak responded that the intent would be changing. There is no prohibition of people in a restaurant standing outside of the restaurant or of having seats outside where people can sit and congregate without eating. While the intent for outdoor dining is that you finish eating by 10:00 p.m. and leave the outdoor area, the amendment would prohibit patrons from gathering outside to chat or have a cigarette or whatever in all of the B-1 zone. The intent of the amendment can be done if worded very carefully, however the Council should be cautious about prohibiting something inadvertently that they didn’t want to prohibit. A motion has been made and seconded and the amendment suggested by Councilwoman Veech has not been accepted, therefore the motion to adopt the ordinance as it is presented is still on the table.

Councilman MacArthur asked if the ordinance could be enforced in regards to the patio being vacated at 10:00 p.m. without changing the wording as suggested by Councilwoman Veech.

Mr. Buzak responded the Town Manager could clarify to the staff the intent of the ordinance and to enforce the ordinance as the Council intended.

Councilman Loveys asked for clarification in that the intent of the ordinance is to end the outdoor dining at 10:00 p.m.

Mayor Mitsch responded that people can not be sitting outside eating or drinking after 10:00 p.m. However, there could be people sitting or standing around and talking outside of a restaurant.

The following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilwoman Veech (has not heard prior testimony on this issue)

ABSENT: Councilman Obremski

*Councilman MacArthur cited the value of public debate and allowing thoughts to be shaped by others and is therefore prepared to give the proposed ordinance a try.

(2) Ordinance #18-11: Amend Fee Schedule—Water Rates

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

BRIEF RECESS

RE-CONVENE

Manager Lovell noted that the water utility has basically run out of money. A number of options has been studied by a sub-committee consisting of Councilman Obremski, Councilman Loveys, and Councilman MacArthur. There is a cost of providing water service and to maintain the infrastructure which amounts to approximately $70.00 per quarter for each user of the water system. In past years, the water fund was subsidized by the very high end users of the system, however due to water conservation efforts on the part of the town and by consumers, that revenue is no longer available. If there is no rate increase and the water system moves into a deficit, the taxpayers will need to assist the water utility or money be taken from the sewer fund. With the proposed increase in place, Randolph will within two years move back to the black and eventually rebuild the surplus. The proposed plan is inherently fair and reasonable given the situation Randolph faces now and will continue to face in the future.

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

Judith Stewart, 114 Everdale Road, urged the Council to restructure the water rates. Increasing the base fee will mean that the low end users will wind up paying more per gallon than the high end users.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 stated that he agrees with Mrs. Stewart on this issue. While he doesn’t mind paying for the water he uses, the Councilman does object to the $20.00 base fee. In addition, the Councilman feels that the public is now being penalized for following the Council’s suggestion from a couple of years ago that water consumption be decreased.

Councilman MacArthur stated that the concept of converting the charges to a per-thousand gallon cost is not appropriate. There is a cost imposed by the MCMUA and there is the cost for the infrastructure in town. They are totally distinct and fees should be collected for both so that nobody is subsidizing somebody else. High end users are charged more per gallon than low end users. This is an attempt to stop penalizing the larger families that are normal users.

Mayor Mitsch noted that this is also an attempt to keep the water utility financially solvent. There is a cost associated with providing water to any house regardless of the amount of water they use. The Mayor would not like to see Randolph in a situation whereby the taxpayers subsidize the water utility because it was not managed appropriately.

Deputy Mayor Guadagno stated that at first he was not in favor of the water rate increase, however after talking with the Finance Director and Township Manager as well as comparing Randolph’s price to surrounding municipalities, he is now in favor of the ordinance. The Deputy Mayor noted that the infrastructure is good and he would like to see it remain so.

Manager Lovell asked to clarify a comment made by Councilman Napoliello regarding people being asked to conserve water. Manager Lovell stated that conservation efforts were aimed not toward the average family but to the huge consumers who were watering their lawns every day during the summer months. High rates and an odd/even sprinking system were imposed to encourage those large users to reduce consumption. Residents were not asked to stop flushing their toilets or to stop drinking water with their meals.

Councilman Loveys stated that he agrees with Councilman MacArthur. He sat on the sub-committee and finds this proposal to be extremely fair. The cost to maintain the infrastructure and operate the system still exceeds the $20.00 per quarter cost but this change will bring things into a more real situation.

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

AYES:
Councilman Loveys
Councilman MacArthur
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: Councilman Napoliello

ABSTAIN: Councilwoman Veech

ABSENT: Councilman Obremski

(3) Ordinance #19-11: Distribution of Handbills in Public Places and on Private Property

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 28-153, 28-154, 28-155, 28-156 AND 28-157 OF CHAPTER 28, MISCELLANEOUS OFFENSES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that language has been added that broadens the definition of who can not place handbills and will be easier to enforce.

Mayor Mitsch opened the meeting to the public for a hearing on the ordinance. Seeing no one from the public, the public portion was closed.

Councilman Veech asked if this ordinance covers newspapers.

Manager Lovell responded that newspapers are exempt from this ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 28-153, 28-154, 28-155, 28-156 AND 28-157 OF CHAPTER 28, MISCELLANEOUS OFFENSES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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.

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

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

NAYS: None

ABSTAIN: Councilwoman Veech

ABSENT: Councilman Obremski

STUDENT COMMITTEE APPOINTMENTS

Councilman Napoliello nominated Amelia Whiting as a student member on the Environmental Commission. Councilwoman Veech seconded the motion.

Deputy Mayor Guadagno nominated Samantha Messer as a student member on the Economic Development Committee. Councilwoman Veech seconded the motion.

Deputy Mayor Guadagno nominated Maddie Klingeman as a student member on the Traffic Advisory Committee. Councilwoman Veech seconded the motion.

The following roll call vote was taken for the three nominations:

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

NAYS: None

ABSENT: Councilman Obremski

Councilman Loveys asked how students are notified that appointments to committees are available.

Mayor Mitsch responded that the Township Clerk sends word to the High School Guidance Office.

DISCUSSION ITEMS

1. Mendham Township Shared Services: Seeing Eye Property

Manager Lovell stated that Mendham’s new Committee has asked for a formal letter from Mayor Mitsch laying out the concept that was negotiated a year ago with Mendham Township. The Manager is asking for authorization for the Mayor to sign the letter that has been prepared on her behalf.

Manager Lovell’s comments included the following:

The Seeing Eye property is an extensive site
Mendham has indicated a desire that Randolph take all of the facilities on the Seeing Eye site for use
Randolph must go through a process with Green Acres and land must be offered in trade for those properties
Randolph happens to be coming into possession of two very large tracts on Calais Road through the Heritage 55 project and part of that land will be available for trade
Originally Randolph agreed to provide animal control services to Mendham for free in return for getting the Seeing Eye property
A new agreement has been reached in that Randolph will no longer be providing animal control service for free but will instead charge each year for this service
The development of a new animal shelter in Randolph would have cost an estimated $1.2 million
The cost to renovate the Seeing Eye property is estimated to cost approximately $100,000.00, a big savings for Randolph

Mayor Mitsch asked for clarification for the acreage amount stated in the proposed letter.

Manager Lovell responded that the diversion process as set up by the state is a process for the state to say no. The Manager’s intent is to make this diversion proposal so appealing that the DEP can not turn it down.

Mayor Mitsch asked if there was any downside to diverting so much land.

Manager Lovell responded that there is no downside that he can foresee. That land would never have any use other than recreational or preservation.

Councilmwoman Veech asked if this set any precedent for ratios.

Manager Lovell responded that the standard used by the DEP is a written standard and this proposal exceeds that standard.

2. Outdoor Dining—B Zones Other Than B-1 Neighborhood Business District

Manager Lovell asked that this item be carried to August 30 to give the Council a chance to review the ordinance drafted by Mr. Buzak and his staff. The Manager stated for the record that an ordinance can not be drafted that will work for the Dairy Queen.

3. Stonybrook Day Camp Lease

Manager Lovell stated that the current camp operator is asking for an extended lease. The Manager suggested that he summarize the issue in a memorandum to bring Councilwoman Veech up to speed and to carry this issue to August 30.

4. Set Date to Recognize Former Council Member Judge Algeier

The Council decided on October 4 as the date to recognize former Councilmember Gary Algeier with a start time of 7:30 p.m. in the main foyer.

COMBINED ACTION ITEMS

Mayor Mitsch asked to pull Item S.

Councilman MacArthur asked if, regarding Item X, insurance will cover the arson and if a claim has been submitted.

Manager Lovell responded that a claim has been submitted to the insurance company and they will be paying for the new light. The Manager noted that the light that was damaged is part of a system and the original provider must be used so that the lights are all integrated.

Manager Lovell noted that the cost for leaf collection will be increasing an additional $30,000.00 this year. Regarding Item S, it was discovered that there were billing discrepancies with St. Clare’s for residents using the ambulance service. Legal counsel from St. Clare’s and Randolph discussed the situation. St. Clare’s argued that their interpretation of the language differed from Randolph’s intent and, based upon that, St. Clare’s was notified that Randolph would be ending the contract and going back out to bid. A great deal of time was spent designing a bid specification. In the end, it was decided that it was in Randolph’s best interest to bid for uninsured patients who ride in the ambulance and not to try to set rates for people covered through other insurance. Language was also added to protect against situations in which the hospital might attempt to backbill or overbill a patient with insurance. Bids were received from three competing companies, the bids were reviewed, and clearly the lowest bid was placed by St. Clare’s who bid zero dollars for transporting the uninsured.

Councilman MacArthur added the following comments:

The contract explicitly states that St. Clare’s can only bill a patient for their co-insurance and deductible as agreed upon with the patient’s insurer
St. Clare’s can not look to the patient for further payment
St. Clare’s can not look to Randolph for unpaid bills
St. Clare’s must provide to the township certain information in order to validate appropriate billing
Residents covered by insurance will be treated as in-network even if they are out of network
The most vulnerable citizens, the uninsured, are protected with this contract
Randolph will not be involved in the interactions between the ambulance company and insurance companies
St. Clare’s is getting a flow of business from Randolph and is willing to take some reductions in exchange for that

Manager Lovell stated for the record that while there were problems with the issue of billing with St. Clare’s, their service has been very good. There have been no problems with St. Clare’s on service, nor have there been problems with Atlantic Ambulance providing service. The concept of third party ambulance service operating daytimes in Randolph has been very successful.

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

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

NAYS: None

ABSTAIN: Councilwoman Veech

ABSENT: Councilman Obremski

A. Authorizing Mayor to Sign Letter to Mendham Regarding Animal Control/Seeing Eye Property

R-190-11

WHEREAS, there is a need to enter into an agreement with the Township of Mendham for Animal Control Services/Seeing Eye Shelter; and

WHEREAS, a letter to the Mayor of Mendham Township detailing a specific a plan of action has been drafted.

NOW, THEREFORE, BE IT RESOLVED that the Randolph Township Council supports and approves the letter to Mayor Frank Cioppettini, Jr.

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

B. Authorizing Preliminary Expense for Generator Upgrade—Not to Exceed $15,000.00

R-191-11

WHEREAS, the Township Council of the Township of Randolph hereby acknowledges the requirement of additional preliminary costs to determine the scope and cost of a proposed undertaking. The purpose of these additional preliminary costs are for the improvements to the Township of Randolph Municipal Building—Generator Upgrade, and that the amount to be charged is for the purpose for which bonds may be issued under Chapter 2 of Title 40A.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the amount appropriated for additional preliminary costs shall not exceed $15,000.00 and the Finance Director is authorized to set up a reserve for preliminary expenses out of the Capital Improvement Fund.

C. Awarding Professional Services Agreement to Strunk-Albert Engineering for Generator Design for Municipal Building—$10,650.00

R-192-11

WHEREAS, the Township of Randolph has a need to retain Strunk-Albert Engineering 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 may exceed $17,500.00; and

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

WHEREAS, Strunk-Albert Engineering has indicated they will complete the electrical engineering services for the generator upgrade for an amount not to exceed $10,650.00; 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 Strunk-Albert Engineering as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 4, 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 in the Reserve for Preliminary Expense—Generator, to award a contract to Strunk-Albert Engineering for Electrical Engineering Services for the Generator Upgrade at the Municipal Building in the amount not to exceed $10,650.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorization of Award of Contracts by Coin-Toss for MCCPC Contract #25 to Mooney General Paper Company and Contract #40 To Guard Line Fire Safety, Inc.

R-193-11

WHEREAS, on July 14, 2011, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council conducted a coin-toss lottery as a result of tie bids received on May 11, 2011, for portions of Spring Contracts #25 and #40; and

WHEREAS, the winners of the above-mentioned coin-toss lottery appear in the summary below:

CONTRACT #25: JANITORIAL SUPPLIES
CATEGORY C: PAPER & RELATED ITEMS—ITEM #27

Item #27 (Roll Paper Towels, Encor #4866 or equiv., 6 rolls/case): Coin-toss between Mooney General Paper Company and Central Poly Corporation who both bid the identical price @ $19.20/per case (Mooney General Paper Company won the coin-toss lottery).

CONTRACT #40: PERSONAL PROTECTION ITEMS & EQUIPMENT FOR EMERGENCY PERSONNEL
CATEGORY B: EQUIPMENT FOR EMERGENCY PERSONNEL—ITEM #97

Item #97 (Streamlight): Coin-toss between Firefighter One, LLC and Guard Line Fire & Safety who both bid the identical discount of 46.6% for the product line (Guard Line Fire & Safety, Incorporated won the coin-toss lottery).

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the above-mentioned items in Spring Contracts #25 (Janitorial Supplies) and #40 (Personal Protection Items & Equipment for Emergency Personnel) be awarded to the vendors as noted for the contract period July 1, 2011 to June 30, 2012.

E. Rescind Portion of MCCPC Contract #40 with Guard Line Fire & Safety, Inc. and Re-Award Item #42 to Firefighter One, LLC

R-194-11

WHEREAS, on June 28, 2011, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) awarded Item #42 (High Water Hose) in Category “B” of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) to Guard Line Fire & Safety, Incorporated; and

WHEREAS, a complaint was issued from another vendor that Guard Line Fire & Safety was “not” an authorized dealer of Item #42 (High Water Hose) which is a requirement of the bid specifications; and

WHEREAS, confirmation was received from Guard Line Fire & Safety to confirm the registered complaint; and

WHEREAS, it is in the best interest of the MCCPC to rescind Guard Line Fire & Safety’s portion of the contract for Item #42 (High Water Hose) and re-award this item to the bidder (Firefighter One, LLC) who submitted the second highest discount at 15% off the product line.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC authorize the rescinding of Item #42 (High Water Hose) of Category “B” in Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) from Guard Line Fire & Safety, Inc. and re-award Item #42 to Firefighter One, LLC who submitted the second highest discount.

F. Rescind Portion of MCCPC Contract #25 With Mooney General Paper Company for Item #30

R-195-11

WHEREAS, on June 28, 2011, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) awarded Item #30 (Foam Soap w/moisturizer, Kimcare #9304) at $35.17/per case in Category A of Contract #25 (Janitorial Supplies) to Mooney-General Paper Company; and

WHEREAS, we were contacted by Mooney-General Paper Company and their representative requested that this Item #30 be rescinded from their portion of the contract award due to their error in bidding the incorrect item with does not fit into the existing dispenser and is not a foam-type soap according to specifications; and

WHEREAS, it is recommended that Item #30 be rescinded from Mooney-General Paper Company’s initial contract award resulting in “no” award for this item within this contract period July 1, 2011 to June 30, 2012.

G. Refund 2011 Advanced Performers Workshop Registration to Janet Pollio—$500.00

R-196-11

WHEREAS, Janet Pollio registered her child for 2011 Advanced Performers Workshop and paid the fee of $525.00; and

WHEREAS, her daughter (Lauren O’Neill) will not be attending the 2011 Advanced Performers Workshop program due to a school conflict.

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 Russ Newman, Director of Parks, Recreation and Community Services, that $500.00 be refunded to Janet Pollio, 52 Mac Spar Drive, Randolph, NJ 07869.

H. Authorizing Professional Services Agreement With Charles Schaffer Associates for Construction Administration With Regard to the DPW Garage and Site Work—Not to Exceed $25,000.00

R-197-11

WHEREAS, the Township of Randolph has a need to acquire Charles Schaffer Associates LLC 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 may exceed $17,500.00; and

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

WHEREAS, Charles Schaffer Associates LLC has indicated they will provide the Construction Administration with regard to the DPW Garage and Site Work for an amount not to exceed $25,000.00; and

WHEREAS, Charles Schaffer Associates LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Charles Schaffer Associates LLC 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 from making any reportable contributions through the term of the contract, and

WHEREAS, funds are available for this purpose.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 4, 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 in Ordinance #5-11, Improvements to the Department of Public Works Facility, to award a contract to Charles Schaffer Associates LLC for Construction Administration with regard to the DPW Garage and Site Work in the amount not to exceed $25,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

I. Revised Shared Services Agreement With Board of Education for DPW Garage

R-198-11

WHEREAS, Randolph Township wishes to enter into a Shared Services Agreement with the Randolph Township Board of Education for the construction and operation of a public works vehicle maintenance garage; and

WHEREAS, both 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 Shared Services Agreement with the Randolph Township Board of Education.

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

J. Authorizing Award of Professional Services Agreement for Appraisal Services in Defense of Tax Appeals to Appraisal Consultants Corp—Not to Exceed $30,000.00

R-199-11

WHEREAS, the Township of Randolph has a need to retain Appraisal Consultants Corporation 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, Appraisal Consultants Corporation has indicated they will complete the Appraisal Services in Defense of Tax Appeals for an amount not to exceed $30,000.00; and

WHEREAS, Appraisal Consultants Corporation has completed and submitted a Business Entity Disclosure Certification which certifies that Appraisal Consultants Corporation 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 Appraisal Consultants Corporation from making any reportable contributions through the term of the contract, and

WHEREAS, funds are available for this purpose.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 4, 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 in the 2011 Budget, Tax Assessing, Other Expense, to award a contract to Appraisal Consultants Corporation for Appraisal Services in Defense of Tax Appeals in the amount not to exceed $30,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. Refund Escrow Funds to Westside Grill Partners (Stonefire Grill)—$1,310.00

R-200-11

WHEREAS, the Planning and Zoning Department received escrow funds from Westside Grill Partners, LLC, Block 111, Lot 7, in the amount of $2,000.00; 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, the remaining escrow funds in the amount of $1,310.00 be refunded to Westside Grill Partners/d/b/a Stonefire Grill, 500 Route 10 West, Randolph, NJ 07869.

L. Authorizing Award of Professional Services Agreement to the Buzak Law Group for Legal Services Regarding an Appeal for MCCPC—Not to Exceed $20,000.00

R-201-11

WHEREAS, the Township of Randolph has a need to retain the Buzak Law Group 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, the Buzak Law Group has indicated they will complete the Legal Services Regarding the Appeal for Morris County Cooperative Pricing Council for an amount not to exceed $20,000.00; and

WHEREAS, the Buzak Law Group has completed and submitted a Business Entity Disclosure Certification which certifies that the Buzak Law Group 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 the Buzak Law Group from making any reportable contributions through the term of the contract, and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value is on file in the Township Clerk’s Office.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 4, 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 in the 2011 Budget, Legal, Other Expense, to award a contract to the Buzak Law Group for Legal Services regarding an Appeal for Morris County Cooperative Pricing Council in the amount not to exceed $20,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

M. Authorizing Award of Professional Services Agreement to Jaman Engineering for Locating Monitoring Well Locations at 42 Bennett Avenue—Not to Exceed $5,000.00

R-202-11

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

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

WHEREAS, Jaman Engineering Associates has indicated they will locate the monitoring wells at Block 195 Lot 10—42 Bennett Avenue as stated in their proposal dated April 15, 2011, for an amount not to exceed $5,000.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 4, 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 in the Housing Trust Fund to award a contract to Jaman Engineering Associates for Locating Monitoring Wells at Block 119, Lot 10, 42 Bennett Avenue, in the amount not to exceed $5,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

N. Release of Police Detail Escrow for High Point Utilities ($71.00) and Schifano Construction Corp. ($3550.00)

R-203-11

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:

High Point Utilities $71.00
Schifano Construction Corp. $3,550.00

O. Authorizing Purchases From New Jersey State Contract T2789 for Bucket Truck—Not to Exceed $40,000.00

R-204-11

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T2789 for a Bucket Truck 17,500 Lb. GVWR; and

WHEREAS, the Township wishes to purchase one F550 Super Duty XL and this purchase will not exceed $40,000.00; 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 from New Jersey State Contract #T2789 Bucket Truck 17,500 Lb. GVWR for the Purchase of one F550.

P. Authorizing Purchases From MCCPC Contract 6—Road Resurfacing as Needed—Not to Exceed $750,000.00

R-205-11

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #6, Road Resurfacing, as needed for the Township; and

WHEREAS, these purchases will not exceed $750,000.00; 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 purchase from Morris County Cooperative Pricing Council Contract #6 as needed for the Township.

Q. Authorizing Award of Contract to Reliable Wood Products for Leaf Loading and Hauling Services From October 2011 Through February 2012—$8.90 Per Cubic Yard

R-206-11

WHEREAS, the Township of Randolph wishes to award a contract for Leaf Loading and Hauling Services from October 2011 through February 2012; and

WHEREAS, bids have been advertised and received on June 14, 2011, in accordance with the “Local Public Contracts Law”; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Township of Randolph received one bid from Reliable Wood Products, Jersey City, New Jersey, who meets the specifications and requirements and is recommended for the award $8.90 per cubic yard .

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be awarded to Reliable Wood Products, Jersey City, New Jersey, for $8.90 per cubic yard.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 4, 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 in the 2011 Budget and that funds will be available in the 2012 Budget, Recycling, Other Expense, to award a contract to Reliable Wood Products for Leaf Loading and Hauling Services from October 2011 through February 2012 in the amount of $8.90 per cubic yard.

_____________________________
Michael J. Soccio
Chief Financial Officer

R. Refund Registration for 2011 Day Camp to Yuliana Ospina—$932.00

R-207-11

WHEREAS, Yuliana Ospina registered her child for the 2011 Day Camp and paid the fee of $770.00 for registration and paid the fee of $177.00 for camp trips; and

WHEREAS, her child will not be attending the Day Camp due to medical issues.

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 Russ Newman, Director of Parks, Recreation and Community Services, that $932.00 be refunded to Yuliana Ospina, 342-254 Quaker Church Rd., Randolph, NJ 07869.

S. Authorizing Award of Contract to Saint Clare’s Hospital, Inc. for Emergency Medical Services and Medical Transportation for Uninsured Patients at No Cost

R-208-11

WHEREAS, the Township of Randolph wishes to award a five-year contract for Emergency Medical Services and Medical Transportation Services; and

WHEREAS, bids have been advertised and were received on July 20, 2011, in accordance with the Local Public Contracts Law; and

WHEREAS, four bids were received and Saint Clare’s Hospital Inc., Denville, New Jersey, was the low bidder at zero dollars ($0.00) each for uninsured patients transported in accordance with their choice of facility provided it is within reason.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Saint Clare’s Hospital Inc., Denville, New Jersey, for Emergency Medical Services and Emergency Transportation Services at the cost of zero dollars ($0.00) per uninsured patient transported.

T. Accept Resignation of Municipal Prosecutor Michael Cresitello, Jr.

R-209-11

WHEREAS, the Township has received a letter of resignation from the position of Municipal Prosecutor from Michael V. Cresitello; and

WHEREAS, the Mayor and Council wish to accept this letter of resignation.

NOW, THEREFORE, BE IT RESOLVED that the Randolph Township Council accepts the letter of resignation from Michael V. Cresitello, Jr.

U. Release Road Opening Cash Bond for 12 Red Barn Lane to Exeter Remodeling—$500.00

R-210-11

WHEREAS, the Engineering Department has received a request from Exeter Remodeling for the release of a $500.00 cash road opening bond posted for the repaving of the driveway at 12 Red Barn Lane, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on July 21, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repaving of the driveway at 12 Red Barn Lane 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Exeter Remodeling ,1061 Lazarus Road, Ledgewood, New Jersey 07852.

V. Release Road Opening Cash Bond for 37 Radtke Road to Bednar Landscape—$500.00

R-211-11

WHEREAS, the Engineering Department has received a request from Bednar Landscape for the release of a $500.00 cash road opening bond posted for the purpose of extending the driveway and retaining wall at 37 Radtke Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on May 2, 2011; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the extension of the driveway and retaining wall at 37 Radtke Road 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Bednar Landscape, 502 Division Street, P.O. Box 135, Boonton, New Jersey 07005.

W. Authorizing Purchases From MCCPC Contract 37 for Traffic Signal Maintenance and Repairs From Jen Electric—Not to Exceed $45,000.00

R-212-11

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #37, Traffic Signal Maintenance and Repairs, from Jen Electric; and

WHEREAS, these purchases will not exceed $45,000.00; and

X. Authorizing Payment of an Emergency Purchase for Repair of a Light at Freedom Park to Musco Sports Lighting LLC—Not to Exceed $46,512.00

R-213-11

WHEREAS, Russ Newman, Director of Parks, Recreation and Community Services, submitted a Request for Emergency Purchase of new lighting at Freedom Park which was damaged in an arson occurrence on July 6, 2011; and

WHEREAS, Musco Sports Lighting LLC, Oskaloosa, Iowa, provided a proposal in the amount of $46,512.00 to demo and remove the existing base and pole and provide, ship, install and test the new system including all electrical components; and

WHEREAS, this purchase was approved by John Lovell, Township Manager; and

WHEREAS, this purchase will not exceed $46,512.00; and

WHEREAS, funds will be reimbursed to the Township from the Morris County Joint Insurance Fund.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the payment of $46,512.00 to Musco Sports Lighting LLC.

Y. Refund Registration for Babe Ruth Summer Travel Program to Charles Leanza—$340.00

R-214-11

WHEREAS, Charles Leanza registered his child for the 2011 Babe Ruth 14U Summer Travel Program and paid the fee of $340.00; and

WHEREAS, the child will not be playing due to an injury.

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 Russ Newman, Director of Parks, Recreation and Community Services, that $340.00 be refunded to Charles Leanza, 51 Radtke Road, Randolph, New Jersey 07869.

Z. Raffles

(1) Tricky Tray, Friends of Randolph Animal Pound, October 1, 2011, 10:00 a.m. to 5:00 p.m., at 502 Millbrook Avenue, Randolph

(2) Tricky Tray, Sacred Heart Homes & School Association, October 21, 2011, 5:00 p.m. to 11:00 p.m., at the Skylands, 792 Route 10 West, Randolph

(3) On-Premise 50/50, Sacred Heart Homes & School Association, October 21, 2011, 5:00 p.m. to 11:00 p.m, at the Skylands, 792 Route 10 West, Randolph

APPOINTMENT TO FILL MUNICIPAL PROSECUTOR VACANCY FROM AUGUST 4 TO DECEMBER 31, 2011

Councilman Napoliello made a motion to appoint Robert Woodruff as Municipal Prosecutor. Deputy Mayor Guadagno seconded the motion.

Councilman MacArthur asked if anyone else applied for the position of Prosecutor.

Mayor Mitsch responded that she did not think anybody else applied for the position.

Councilman Loveys asked if Mr. Woodruff would be paid the remainder of Mr. Crisitello’s contract.

Mayor Mitsch responded that Mr. Woodruff would be paid the remainder of Mr. Crisitello’s contract.

The following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilwoman Veech

ABSENT: Councilman Obremski

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, expressed concern that St. Clare’s was awarded the contract when the township was unhappy with their former billing practices.

Manager Lovell responded that the only issue was St. Clare’s interpretation of what was allowed with regard to billing. There was never any dissatisfaction about the services provided. The new contract is very specific as to what billing is allowed.

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

COUNCIL AND MANAGER COMMENTS

Councilman MacArthur noted that the tenth anniversary of 9/11 is approaching. The United States Senate has unanimously passed a resolution calling on all Americans to commemorate that event and have proposed a model resolution to be adopted by all municipalities. While the resolution can not be adopted this evening, the Councilman asked that actions proposed in that resolution be considered so as to be in place in time for the anniversary. Those actions include a moment of silence and the ringing of bells and sirens.

Councilman MacArthur asked that the concept be approved in order to give the Manager time to publicize this initiative and to encourage churches and synagogues throughout the township to participate.

Councilman MacArthur made a motion to approve the specific steps of the proposed model resolution. Mayor Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Councilwoman Veech thanked the Council for the trust it has placed in her by appointing her to fill Gary Algeier’s seat. She asked if Mr. Algeier’s liaison positions become hers and if it would be appropriate to ask Mr. Algeier for a summary of those committees.

Councilman MacArthur made a motion that for the remainder of 2011 Councilwoman Veech fill former Councilman Algeier’s liaison positions.

Manager Lovell stated that a member of the Council can not sit on the Board of Adjustment so Councilwoman Veech will have to resign her position there.

Mayor Mitsch seconded the motion made by Councilman MacArthur, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Deputy Mayor Guadagno asked if the gas company has to write a letter to the Council every time a resident leaves.

Manager Lovell responded that the information is provided to the fire official and the township does want to be notified when a resident leaves town.

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 following portion of the meeting.

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

a. MCMUA Water Allocation Agreement
b. Employee Collective Bargaining Negotiations

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

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

Deputy Mayor Guadagno made a motion to move into Executive Session at 11:20 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

ABSENT:
Councilman MacArthur
Councilman Obremski

Deputy Mayor Guadagno made a motion to move back into Public Session at 11:30 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 11:30 p.m.

________________________________
Donna Marie Luciani
Township Clerk