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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: December 1, 2011

Minutes: December 1, 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 September 8, 2011.

PRESENT:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor Guadagno (arrived at 8:15 p.m.)
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

APPROVAL OF EXECUTIVE MINUTES—October 27, 2011

Councilman Loveys made a motion to approve the minutes as presented. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Guadagno

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she believes the new flat fee charged for water usage does not provide an incentive for residents to conserve water and asked that the Council consider rolling the flat fee into the water rate charge.

Anita Calotta, 6 Chambers Place, noted that she was without power for several days following the October snow storm. The repairs necessary to restore power to her neighborhood were minor. She doesn’t feel she has an advocate in Randolph that could have provided triage, communicated their findings to the power company, and gotten power restored more quickly to her neighborhood. Mrs. Calotta believes that communication provided by the power company and by the township was not adequate and should be improved upon in the future. She commended the Randolph Library and the YMCA for offering their facilities to residents. Mrs. Calotta suggested the township have someone on the Emergency Management Team who could be an advocate for Randolph and would be able to provide triage services throughout the town in an event of another large outage. She also suggested Randolph join with other municipalities in filing a petition with the Board of Public Utilities concerning JCP&L’s lack of response to this emergency.

Mayor Mitsch noted that she too was without power for eight days and, therefore, was acutely aware of how the crisis was impacting residents. She noted that the scale of the destruction from the storm was incredible and that the power company called in crews from all over the country to assist in their efforts. The Mayor noted that the Township Council and the staff have been holding meetings to pinpoint all of the issues related to the storm that were handled correctly and those issues where improvement is necessary.

Manager Lovell stated that he is preparing a report for the Council that will provide a detailed review of what happened during and after the storm. The Manager noted that while communication with JCP&L was better than in previous years, there is certainly room for improvement and JCP&L is committed to working with the various communities to implement that change. The Manager welcomes input from the residents and asked that Mrs. Calotta provide her email address so that he can keep her informed of the Township’s efforts to address this issue.

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

COUNCIL AND MANAGER REPORTS

Councilman Napoliello attended a recent Community Services Committee Meeting, and his comments included the following:

The Randolph High School Concert will be held on December 8 at 7:30 p.m.
The Senior Holiday Dinner will be held on December 11 from 2:00 p.m. to 5:00 p.m.
The Brundage Park Playhouse will present “The Littlest Angel” on December 18 at 2:00 p.m.
The Committee is planning a senior trip to a restaurant on January 15, a trip to the Flower Show in Edison on February 16 and 17, and a trip to see “The Sound of Music” on February 5
The Community Services Committee will provide a list of three goals for the upcoming year to Councilman Napoliello to share with the Council

Councilman Obremski reported that Mendham Township will be holding a public hearing on December 12 to discuss the Green Acres project.

Manager Lovell responded that he will attend that public hearing in Mendham.

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. Fred Knapp, Esq.—2012 FOP Contract Negotiations
b. Arthur Thibault, Esq.—Police Ordinance Litigation

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

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

Councilman Napoliello made a motion to move into Executive Session at 7:30 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Guadagno

Councilman Obremski made a motion to return to Open Session at 9:20 p.m. Councilman Loveys seconded the motion and the following roll call vote was taken:

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

NAYS: None

RETURN TO OPEN SESSION

Councilwoman Veech made a motion to direct the Township Manager to move forward with the Council’s recommendation on the grievance matter. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman MacArthur

COMBINED ACTION ITEMS

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

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

NAYS: None

A. Refund/Adjustment Resolutions

(1) Refund 2011 Randolph Park Membership Fee and Swim Lesson Fee to Hala Harby—$260.00

R-291-11

WHEREAS, Hala Harby registered for the 2011 Randolph Park Membership Fee and the Swim Lesson Fee and paid the fee of $260.00; and

WHEREAS, she did not utilize her membership or swim lessons due to beach conditions this season resulting in health 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 $260.00 be refunded to Hala Harby, 85 Lazarus Drive, Ledgewood, New Jersey 07852.

(2) Refund Overpayment of Taxes for 9 and 10 Westminster Drive to Richard and Maryann Colburn—$5,881.63

R-292-11

WHEREAS, Richard and Maryann Colburn have overpaid 2011 taxes by reason of tax exempt veteran in the amount of $5,881.63 on Block 119, Lot 102.02, 9 and 10 Westminster Drive; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $5,881.63 to Richard and Maryann Colburn.

(3) Refund Overpayment of Taxes for 19 Devonshire Drive to Anand and Raji Iyer—$5,126.07

R-293-11

WHEREAS, Anand and Raji Iyer have been granted a reduction in assessed valuation for the tax year 2011 by the Tax Court of New Jersey on Block 93, Lot 7.07, known as 19 Devonshire Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $5,126.07.

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $5,126.07 to Anand and Raji Iyer.

(4) Refund Outside Tax Sale Certificate #1898 to Crestar Capital—$57,361.25

R-294-11

WHEREAS, Outside Tax Sale Certificate #1898 held by Crestar Capital, assessed to Stanley Kleinschmidt, Block 81.06, Lot 18, 318 Center Grove Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $52,861.25, and premium in the amount of $4,500.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $57,361.25 to Crestar Capital, holder of Tax Sale Certificate #1898.

(5) Refund Overpayment of Taxes for 9 Dolly Bridge Road to John Perlowski—$6,402.66

R-295-11

WHEREAS, John Perlowski has been granted a reduction in assessed valuation for the tax years 2009 and 2010 by the Tax Court of New Jersey on Block 93.02, Lot 4, known as 9 Dolly Bridge Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $3,143.20 and in the amount of $3,259.46 for the year 2010; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $6,402.66 to John Perlowski.

(6) Release Tree Bond for Block 199, Lot 46.04, to Patricia Coyne—$2,000.00

R-296-11

WHEREAS, the Planning and Zoning Department received a tree bond posted by Patricia Coyne for Block 199, Lot 46.04, in the amount of $2,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the tree bond in the amount of $2,000.00 be refunded to Patricia Coyne, 8 Poplar Court, Randolph, New Jersey 07869.

(7) Refund Registration Fees for Summer Tennis Lessons and Fall Art Classes to Lauren Felman—$425.00

R-297-11

WHEREAS, Lauren Feldman registered her children for Summer Tennis Lessons and Fall Art Classes (Hannah and Samantha) and paid the fee of $450.00; and

WHEREAS, her children will not be attending these classes as their job required them to move out of town and therefore could not attend the programs.

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 $425.00 be refunded to Lauren Feldman, 9 Tyson Lane, Princeton, New Jersey 08540.

(8) Release Road Opening Cash Bond for 30 Church Road to A-1 Construction—$500.00

R-298-11

WHEREAS, the Engineering Department has received a request from A1 construction for the release of a $500.00 cash road opening bond posted for the purpose of new curbing for a driveway at 30 Church 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 October 31, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the new curbing for a driveway at 30 Church 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 A1 Construction, 54 Watson Drive, Dover, New Jersey 07801.

(9) Refund 2011 Tax Overpayment to Joyce Delvey at 95 Quaker Church Road—$250.00

R-299-11

WHEREAS, Joyce Delvey overpaid 2011 taxes in the amount of $250.00 on Block 137, Lot 9, 95 Quaker Church Road; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $250.00 to Joyce Delvey.

(10) Refund Overpayment of Taxes Due to Veteran/Senior Citizen Deductions for Various Homeowners

R-300-11

WHEREAS, the following listed property owners have overpaid their 2011 taxes by reason of duplicate tax payment or Veteran/Senior Citizen deduction; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the following overpayments:

Block	Lot	Name	Amount	Reason
6	50	Smith, Donald 6 Righter Road	$3,720.50	OP
7	5.01	Conroy, Daniel 10 Pleasant Hill Road	$55.75	OP
21	11.01	Turdiu, Mizar 1500 Sussex Turnpike	$312.11	OP
21	133.04	Hall/Sullivan, S/S 8 James Road	$250.00	VET
21	172	Hayhoe, Bradley/H. 26 Olde York Road	$51.72	OP
27	97	Dastur, Armin/Dinoo 5 Chidester Road	$3,543.42	OP
33	29	Vollmer, Jean 3 Marjaleen Drive	$370.02	OP
33.01	2	Ghahary, Salar/Lynn 38 Marjaleen Drive	$3,265.11	OP
33.01	39	D’Arcangelis, Sam/A 18 Marjaleen Drive	$3,009.61	OP
35	50.15	Han, Guangyang 2 Patriots Way	$33.22	OP
35	59	Babyak, Michael/Phyllis 57 Ironia Road	$662.88	OP
38	5	Rogers, Brian/Diana 54 Ironia Road	$300.60	OP
42	89	Kiss, Attila/Sandra 1 Georgian Road	$1,802.49	OP
42	101	Erdemir, Ziya/Selver 52 Fernia Drive	$2,509.09	OP
42	122.100	Goldstein, Scott/Heather 100 Arrowgate Drive	$148.68	OP
44	31.08	Hazelton, Joseph/Carrie 15 Diane Court	$231.20	OP
44	60	Mast, Jonathan/Judy 4 Daniel Court	$3,655.21	OP
47	7.07	Friis, Claus/Deborah 11 Quail Run	$121.40	OP
49	2.08	Zajac, Lisa/Theodore 17 Doby Road	$3,916.23	OP
50	10.04	Alvarez, Edward/Jennie 9 Farmstead Court East	$3,732.43	OP
50	10.06	Young, Benjamin/Elissa 8 Farmstead Court East	$3,187.09	OP
51	9.04	Rosenbaum, Joseph/B 8 Yorkshire Drive	$36.04	OP
51	25	Mueller, Christian/C 2 Dawson Road	$39.44	OP
53	56.06	Lu, Tri/Huong 4 Matthew Court	$2,082.97	OP
53	91	Moreland, John/Ashley 47 Dogwood Trail	$1,696.87	OP
53	115	Houston, Todd/Jennifer 15 Center Road	$2,454.48	OP
65	1	Ventrella, A/Lenihan, A. 14 Calumet Road	$63.09	OP
65	8	Bhattacharjee, H/K 56 Randolph Avenue	$2,365.61	OP
73	23	Milano, Estate of 10 Quaker Hill Lane	$12.85	OP
76	11	Newton, Dale/Melanie 10 Clear View Drive	$113.64	OP
81.03	8	Rodell, Adam/Jennifer 9 Rippling Brook Way	$154.02	OP
82	121	Kushel, Rick/Randi 24 Leigh Court	$402.54	OP
82.02	16	Calimano, Lisa 19 Longview Avenue	$1,657.14	OP
85	3	Dickson, Warrren/Catherine 10 Farview Avenue	$2,773.45	OP
85	15	Ippolito, Marcus/Cynthia 13 Overlook Avenue	$47.52	OP
93.01	18	Kovary, Stephen/Elaine 22 Heritage Court	$18.00	OP
103	54	Azar-Hmouda, Michael/Lori 8 Jay Drive	$61.61	OP
103	93	Ironson, David/Meryl 7 Colonial Court	$3,584.17	OP
106	4.01	Morado, Nomar/Alvie 24 Center Grove Road	$53.76	OP
115	8	Amelio, Anthony/Cathleen 7 Huntington Drive	$2,681.55	OP
119	91.16	Dunn, James/Jamie 16 Kensington Drive	$2,019.84	OP
119	110.31	Cheung, Wing 63 Woodmont Drive	$2,339.17	OP
119	110.34	Nelson, Christine 69 Woodmont Drive	$2,189.90	OP
119	110.89	Buck, David 120 Woodmont Drive	$1,770.90	OP
119	110.137	Lee, Young Woo/Ji, Kyung 7 Sycamore Lane	$2,226.18	OP
119	132	Balwani, Ashok/Madhuri 5 Poppy’s Place	$3,880.69	OP
120	11	Focht, Brian 1141 Sussex Turnpike	$720.72	OP
121	31.01	Zumwalt, James/Katherine 16 Sylvia Place	$171.44	OP
131	70.13	Snyder, M/Rotenberg, B. 15 Fairfield Avenue	$3,190.56	OP
136	3	Hanlon, Timothy/Susan 180 Millbrook Avenue	$1,225.07	OP
140	7	Lambert, Michael/Kathy 29 Sandra Lane	$56.94	OP
146	51	Tamakloe, Thomas/Jasmine 13 Everdale Road	$2,101.60	OP
146	56	Nieforth, Keitha/A. Dorman 25 Everdale Road	$2,297.10	OP
148	40	Bernstein, Gary/Gail 12 Red Barn Lane	$294.09	OP
154	24	McMillan, Lawrence/Janet 39 Meadow Wood Road	$12.08	OP
154	135	Gardner, William/Karen 26 Radtke Road	$18.03	OP
154	138	Klingeman, Nancy 20 Radtke Road	$2,168.21	OP
155	56	Bradbury, Kurt/Kelly 99 West Hanover Avenue	$1,996.47	OP
158	13	Josey, William/Amanda 44 Meadow Brook Road	$2,352.43	OP
166	4.05	Murauskas, Paul/Monica 2 Block Court	$472.15	OP
173	11	Harth, Timothy/Michelle 1 Oak Drive	$67.14	OP
176	38	Perette, N/Boulay, S. 137 Shady Lane	$3,040.56	OP
176	85	Roche, Thomas/Elizabeth 117 Shady Lane	$2,486.08	OP
176	93	Guneri, Drina 133 Shady Lane	$26.92	OP
201	28.11	Tepperman, Michael/Ilyssa 33 Arnold Drive	$3,976.93	OP
201	28.16	Leinwand, Jason/Laurie 40 Arnold Drive	$4,024.62	OP
201	66	McGovern, Marjorie 43 Shongum Road	$250.00	Sr. Cit.
201	74	Hendrickson, Brian/Joanna 15 Shongum Road	$16.32	OP
205	8	Brejnik, Elizabeth 20 Old Chimney Road	$2,808.11	OP
207	12	Perelman, Carl/Sharon 26 Meadow Brook Road	$279.48	OP
208	99	Coombs, John/Rebecca 15 Rolling Ridge Road	$2,886.24	OP
208.01	6	Popkin/Schneider, M/R 11 Trowbridge Drive	$4,155.74	OP
211	18	Bardhi, Urim/Florina 44 Beech Road	$477.88	OP
213	7	Israel, Fredric/Melissa 14 Tammy Hill Trail	$3,233.67	OP
216	13	Beatrice, Alexander/Rita 9 Chestnut Hill Road	$2,493.76	OP
218	5	Fortunato, Anthony/Donna 6 Cottonwood Drive	$2,252.77	OP
220	9	Schiller, Richard/Mary 43 Misty Mountain Road	$2,291.46	OP

(11) Refund Escrow Funds to Megan Murphy for 43 Longview Avenue—$784.00

R-301-11

WHEREAS, the Planning and Zoning Department received escrow funds from Megan Murphy, Block 82, Lot 63, in the amount of $1,000.00; and

WHEREAS, the project has been completed 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 $784.00 be refunded to Megan Murphy, 43 Longview Avenue, Randolph, New Jersey 07869.

(12) Refund Overpayment of Taxes for 21 Shadowbrook Way to James Turner—$8,597.54

R-302-11

WHEREAS, James Turner has been granted a reduction in assessed valuation for the tax years 2009 and 2010 by the Tax Court of New Jersey on Block 40, Lot 4.16, known as 21 Shadowbrook Way; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $4,215.80 and for tax year 2010 in the amount of $4,371.74.

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $8,587.54 to James Turner.

B. Authorizing Animal Control Services Agreement with Rockaway Borough for 2012

R-303-11

WHEREAS, the Borough of Rockaway wishes to obtain Animal Control Services from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2012.

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

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

C. Emergency Resolution for the Morris County Water Supply Service—$125,000.00

R-304-11

WHEREAS, an emergency has arisen with respects to water purchases, and no adequate provision was made in the 2011 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation(s) created including the appropriation to be created by this resolution is $125,000.00 and three percent of the total operations in the budget for the year 2010 is $894,497.11.

NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48:

1. An emergency appropriation be and the same is hereby made for Morris County—Water Supply Services, Other Expenses in the amount of $125,000.00

2. That said emergency appropriation shall be provided in full in the 2012 Budget.

3. That two certified copies of the resolution be filed with the Director of Local Government Services.

D. Authorizing Award of Professional Services Agreement to Stormwater Compliance Solutions, LLC, for Providing Detention Basin Maintenance and Evaluation Services—$25,730.00

R-305-11

WHEREAS, the Township of Randolph has a need to acquire Stormwater Compliance Solutions 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 will exceed $17,500.00; and

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

WHEREAS, Stormwater Compliance Solutions LLC has indicated they will provide the Detention Basin Maintenance and Evaluation for an amount not to exceed $25,730.00; and

WHEREAS, Stormwater Compliance Solutions LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Stormwater Compliance Solutions 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 Stormwater Compliance Solutions LLC from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Stormwater Compliance Solutions LLC as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 1, 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 #11-10, Various Capital Improvements—Stormwater Repairs, to award a contract to Stormwater Compliance Solutions, LLC for Engineering and Surveying Services for Maintenance and Evaluation of Three Detention Basins in the amount not to exceed $25,730.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Award of Professional Services Agreement to DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC, to Provide Professional Legal Services in Defense of Construction Appeals for Curtis—Not to Exceed $3,000.00

R-306-11

WHEREAS, the Township of Randolph has a need to acquire DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined that the value of the acquisition will not exceed $17,500.00; and

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

WHEREAS, DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC has indicated they will provide the Professional Legal Services in Defense of Construction Appeal for Curtis for an amount not to exceed $3,000.00; and

WHEREAS, DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC has completed and submitted a Business Entity Disclosure Certification which certifies that DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC 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 DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC as described herein.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 1, 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 DeFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC for Professional Legal Services in Defense of Construction Appeal for Curtis in the amount not to exceed $3,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Authorizing the Rescission of MCCPC Contract 46 for Preventive Maintenance and Repair of Emergency Generators Awarded to Performance Plus

R-307-11

WHEREAS, the Morris County Cooperative Pricing Council awarded Contract #46 (Preventive Maintenance & Repair of Emergency Generators) on August 6, 2009, for a three (3) year contract period (July 1, 2009 to June 30, 2012) to Performance Plus of Southampton, New Jersey; and

WHEREAS, numerous complaints have been documented from the MCCPC membership occurring during the year of 2011 of Performance Plus’ services and non-response to the requests for emergency generator services; and

WHEREAS, it is recommended that Performance Plus Contract #46 (Preventive Maintenance & Repair of Emergency Generator Services) be terminated and the MCCPC membership seek quotes on their own until the next round of spring bids are scheduled to be received.

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 bid awarded to Performance Plus of Southampton, New Jersey, be rescinded due to continuous complaints of the MCCPC membership under Contract #46 (Preventive Maintenance & Repairs of Emergency Generators).

G. Capital Improvement Authorization Cancelled—$118,992.49

R-308-11

WHEREAS, the attached list of certain General Capital Improvement Authorization balances remain dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel these balances.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director is instructed to cancel the unexpended and dedicated balances of the attached list of Capital Improvement Authorizations.

Ord. #	Project	Amount	Cancelled to
30-05	Extension of the Existing Trail System at Church Road and Sussex Turnpike	$5,304.83	Capital Surplus
14-07	Heistein Park—Doby Road Trail/Bridge	$550.36	Capital Surplus
10-08	Fire Breathing Apparatus	$2,085.95	Deferred Charges—Unfunded
10-08	Dispatch Console	$2,900.00	Deferred Charges—Unfunded
17-08	Fuel System Upgrade at Town Hall and DPW Garage	$4,133.00	Capital Improvement Fund
13-09	Carrell Road Reconstruction	$1.00	Capital Improvement Fund
13-09	Wright/Tucker Property— Demolition and Remediation	$1,662.86	Capital Improvement Fund
13-09	Center Grove Sidewalk Rehabilitation—Phase 2	$13,804.52	Capital Improvement Fund
11-10	South Road Reconstruction	$88,549.97	Capital Improvement Fund
	Total	$118,992.49

	SUMMARY:
	Capital Surplus	$5,855.19
	Deferred Charges—Unfunded	$4,985.95
	Capital Improvement Fund	$108,151.35

H. Cancellation of Various Old Grant Receivables and Reserves for 2010

R-309-11

WHEREAS, receivable and reserve balances exist in the Township’s State and Federal Grant Fund for the following State and Federal Grants:

GRANT	RECEIVABLE BALANCE	RESERVE BALANCE
2010 Over the Limit Grant	$200.00	$200.00
2010 Municipal Alliance Grant	$41.13	$41.13
2010 Cops in Shops Grant (Underage Drinking Program)	$322.42	$322.42

WHEREAS, it is recommended by the Finance Director that the above grant receivables and reserves balances be cancelled.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be directed to cancel the above mentioned receivable and reserve balances.

I. Cancellation of 2011 Budget Appropriation—Police, O.E. (Crosswalk Signs) in the Amount of $9,000.00

R-310-11

WHEREAS, the following Current Fund 2011 Budget Appropriation balance remains unexpended:

Police, Other Expense (Crosswalk Signs) $9,000.00

WHEREAS, it is necessary to formally cancel said balance to Surplus.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Director of Finance be instructed to cancel the above mentioned 2010 Budget Appropriation to Surplus.

J. Authorize Change Order #1 and #2 in the Amount of $32,883.00 to P. M. Construction Corporation for the Sewer Extension on Sussex Turnpike, Bringing the New Total to $691,363.00

R-311-11

WHEREAS, the Township of Randolph awarded a contract to P.M. Construction Corporation for the Construction of the Sewer Extension—Sussex Turnpike in the amount of $653,480.00; and

WHEREAS, the contractor experienced a significant overage in rock excavation; and

WHEREAS, the contractor was required to excavate a number of test pits resulting in Change Order #1 in the amount of $5,000.00; and

WHEREAS, the contractor has since excavated rock in excess of the anticipated contract total resulting in Change Order #2 in the amount of $32,883.00; and

WHEREAS, the Township Engineer has reviewed and authorized these change orders (see attached memorandum).

NOW, THEREFORE, BE IT RESOVED by the Randolph Township Council on this first day of December 2011 that the contract shall be amended as follows:

Original Contract $653,480.00
Change Order #1 5,000.00
Change Order #2 32,883.00
Amended Contract Total $691,363.00

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 1, 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 #11-10, Various Capital Improvements—Mt. Freedom/Sussex Turnpike Sewer Extension to amend the contract with PM Construction for the Mt. Freedom/Sussex Turnpike Sewer Extension in the amount not to exceed $37,883.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. Approve Change Order #1 in the Amount of $8,645.00 for Fire Truck Aerial Apparatus Manufactured by Pierce Manufacturing, Bringing the New Total to $883,110.00

R-312-11

WHEREAS, the Township of Randolph awarded a contract to Pierce Manufacturing to construct and deliver a Fire Truck Aerial Apparatus, including associated equipment and paraphernalia; and

WHEREAS, the total contract amount of the bid award is $874,465.00; and

WHEREAS, the vehicle is undergoing construction at this time and the Fire Department has inspected the vehicle as it completes various stages of assembly; and

WHEREAS, it has been determined that a change order is required to accomplish the following additions:

Safety Warning Lights	$872.00
Recessed mounting location of laptop computer	$440.00
Four shelves in compartment	$600.00
Two swing-out tool mounting panels	$916.00
Two cutter edge rescue saws	$4,158.00
Automatic External Defibulator	$1,659.00
	$8,645.00

(See attached November 28, 2011, memorandum from Chief John McAndrew III.)

NOW, THEREFORE, BE IT RESOVED by the Randolph Township Council on this first day of December 2011 that the Change Order #1 in the amount of $8,645.00 is hereby authorized revising the contract award to a new total of $883,110.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 1, 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 #10-10, Various Capital Improvements—Fire Department Ladder Truck, to amend the contract with Pierce Manufacturing for the Construction and Delivery of the Fire Truck Aerial Apparatus in the amount not to exceed $8,645.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

L. Authorizing the Emergency Purchase of a Police Vehicle to Replace Vehicle Totaled in an Accident—Not to Exceed $30,000.00

R-313-11

WHEREAS, a motor vehicle accident on November 23, 2011, resulted in the totaling of a police vehicle; and

WHEREAS, the Township has located a replacement vehicle; and

WHEREAS, the cost of a new vehicle will not exceed $30,000.00; and

WHEREAS, this purchase was approved by John Lovell, Township Manager.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the replacement of the totaled police vehicle.

M. 2011 Budget Transfers

R-314-11

WHEREAS, there appears to be insufficient funds in the following accounts to meet the demand for the balance of the current year; viz:

Revenue Administration, O.E.; Legal, O.E.; Computerized Data Processing, O.E.; Emergency Management, S & W; Health, S & W; Health, O.E.; Fire, S & W;

Snow, S & W; Snow, O.E.; Municipal Court, O.E.; Telephone, O.E.; Natural Gas, O.E.; Gasoline, O.E.; Vehicle Maintenance, O.E.; Water and Sewer, S & W

WHEREAS, there appears to be a surplus in the following accounts over and above the demand to be necessary for the balance of the current year:

Administration & Executive, S & W; Administration & Executive, O.E.; Mayor & Council, S & W; Municipal Clerk, O.E.; Finance Administration, O.E.; Engineering, O.E.; Code Enforcement, S & W; Liability Insurance, O.E.; Health Benefit Waiver, O.E.; Police, S & W; Police, O.E.; Emergency, O.E.; Streets and Roads, S & W; Streets and Roads, O.E.; Planning/Zoning, O.E.; Police Dispatch, O.E.; Water & Sewer, O.E.;

WHEREAS, in accordance with the provision of N.J.S.A 40A: 4-58, part of the surplus in the amount heretofore mentioned be and the same are hereby transferred to the accounts mentioned as being insufficient to meet the current demands.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Chief Financial Officer is hereby authorized and directed to make the following transfers:

FROM	AMOUNT	TO	AMOUNT
Adm. & Executive, S & W	$5,700	Revenue Administration, O.E.	$1,000
Adm. & Executive, O.E.	$300	Legal, O.E.	$31,000
Mayor & Council, S & W	$5,000	Computerized Data Processing, O.E.	$10,000
Municipal Clerk, O.E.	$6,000	Emergency Management, S & W	$400
Finance Administration, O.E.	$700	Health, S & W	$1,000
Engineering, O.E.	$5,500	Health, O.E.	$3,300
Code Enforcement, S & W	$1,000	Fire, S & W	$2,700
Liability Insurance, O.E.	$45,000	Snow, S & W	$15,000
Health Benefit Waiver, O.E.	$20,000	Snow, O.E.	$35,000
Police, S & W	$33,300	Municipal Court, O.E.	$2,500
Police, O.E.	$1,000	Telephone, O.E.	$3,000
Emergency Management, O.E.	$400	Natural Gas, O.E.	$25,000
Streets and Roads, S &W	$66,200	Gasoline, O.E.	$65,000
Streets and Roads, O.E.	$15,000	Vehicle Maintenance, O.E.	$21,200
Planning/Zoning, O.E.	$5,000	Water & Sewer, S & W	$5,000
Police Dispatch, O.E.	$6,000
Water and Sewer, O.E.	$5,000
TOTAL	$221,100	TOTAL	$221,100

N. Authorizing Amendment 1 for Purchases from MCCPC Contract 1, Motor Gasoline, as Needed for All Departments—Not to Exceed $225,000.00

R-315-11

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #1, Motor Gasoline, as needed for all departments in the Township; and

WHEREAS, a resolution was approved on February 15, 2011, in the amount of $200,000.00 and Amendment I is needed in the amount of $25,000.00; and

WHEREAS, these purchases will not exceed $225,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize Amendment I from Morris County Cooperative Pricing Council Contract #1 as needed for all departments in the Township not to exceed $225,000.00.

O. Authorizing Amendment II for Purchases From MCCPC From Contract 12, Diesel Fuel—Not to Exceed $435,000.00

R-316-11

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #12, Diesel Fuel, from vendors as needed for all departments in the Township; and

WHEREAS, a resolution was approved on February 3, 2011, in the amount of $300,000.00 and Amendment I on October 4, 2011, for $75,000.00; and

WHEREAS, an additional $60,000.00 is needed; and

WHEREAS, fees for these purchases will not exceed $435,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize Amendment II in the amount of $60,000.00 totaling $435,000.00 for purchases from the Morris County Cooperative Pricing Council Contract #12.

P. Establishing a Schedule of 2012 Meeting Dates for the Council

R-317-11

WHEREAS, N.J.S.A. 10:4-6 et seq., known as the “Open Public Meetings Act” requires that all public bodies of the State of New Jersey provide adequate notice to the public of its intended meetings.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, AS FOLLOWS:

1. The regular meetings of the Township Council for the Township of Randolph to discuss or act upon public business during the calendar year 2012 will be held on Thursdays on the dates listed below. Regular meetings and work session meetings are scheduled to begin at 7:00 p.m. prevailing time. The public is invited to attend work sessions, but there is no public participation except at the beginning of the meeting during the “Open to the Public” portion of the agenda. Final action may or may not be taken at all scheduled meetings which are held at the Randolph Township Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey, on the following dates:

Reorganization Meeting, Sunday, January 1, 2012, at 1:00 p.m.

REGULAR SESSIONS (7:00 P.M.)	COMBINED MEETING (7:00 P.M.)	WORK SESSIONS (7:00 P.M.)
January 1 (1:00 p.m.)	January 10 (Tues.)	January 26
February 2	February 16	February 23
March 1	March 15	March 29
April 3 (Tues.)	April 19	April 26
May 3	No Meeting Scheduled	May 31
June 7	No Meeting Scheduled	June 28
July - No Meeting Scheduled	No Meeting Scheduled	No Meeting Scheduled
August 2	No Meeting Scheduled	No Meeting Scheduled
September 6	No Meeting Scheduled	September 27
October 4	No Meeting Scheduled	October 25
November 1	No Meeting Scheduled	November 29
December 6 (6:00 p.m.)	No Meeting Scheduled	December 27
January 1, 2013 (Tuesday) 1:00 p.m.

2. This Resolution shall, within seven days of its adoption, be e- mailed to the Randolph Reporter, the official newspaper designated by the Randolph Township Council, and to the Daily Record.

3. A certified copy of this said Resolution shall also be maintained throughout the year 2012 on the bulletin board located immediately adjacent to the Municipal Clerk’s Office in the main hallway of the Municipal Building.

4. A certified copy of this said Resolution shall be mailed to any person requesting notices of meetings of the Township Council pursuant to N.J.S.A. 10:4-19 and whoever has paid the required fee for such notice.

Q. Cancel April 2009 Memorandum of Understanding With Allies, Inc., and Terminating the Encumbrance of the Affordable Housing Trust Funds Allocated for Same

R-318-11

WHEREAS, on May 7, 2009, the Township Council of the Township of Randolph, Morris County, New Jersey, adopted a resolution to approve and authorize a Memorandum of Understanding with Allies, Inc., a non-profit corporation for the provision of funding in support of the acquisition of supportive shared living housing; and

WHEREAS, the Township authorized payments of $45,000.00 per COAH credit (not to exceed an aggregate $270,000.00) from Randolph’s Housing Trust Fund for said purpose; and

WHEREAS, no activity has taken place on behalf of Allies to acquire sites in Randolph.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that said Memorandum of Understanding is hereby rescinded and the relationship with Allies, Inc. is terminated on this first day of December 2011.

NOW, THEREFORE, BE IT RESOLVED that the encumbrance of $270,000.00 from the Randolph Housing Trust Fund is canceled and that said funds are available for reassignment.

BE IT FINALLY RESOLVED that a copy of this resolution shall be forwarded to Allies, Inc. so as to inform said entity of the Township Council’s determination.

R. Allocating $300,000.00 From Municipal Affordable Housing Trust Fund to the Special Needs Housing Partnership

R-319-11

WHEREAS, the Governing Body of the Township of Randolph, Morris County, has approval to establish and administer an Affordable Housing Trust Fund (AHTF) that includes development fees, payments from developers in lieu of constructing affordable units on-site, barrier free escrow funds, rental income, repayments from affordable housing program loans, recapture funds, proceeds from the sale of affordable units; and

WHEREAS, the Township of Randolph, Morris County, wishes to participate in the Special Needs Housing Partnership established through the Department of Community Affairs (DCA) and Human Services (DHS) and the New Jersey Housing Mortgage and Finance Agency (HMFA); and

WHEREAS, AHTF monies may be allocated for affordable supportive/special needs housing within the Township of Randolph, Morris County; and

WHEREAS, by allocating $300,000.00 to the Special Needs Housing Partnership from its Affordable Housing Trust Fund, the Township of Randolph, Morris County, will provide the funding for acquisition and rehabilitation of special needs housing within its borders; and

WHEREAS, upon the allocation and transfer of funds by the Township of Randolph to the Special Needs Housing Partnership initiative, the State will allocate and deposit an equal amount for these purposes; and

WHEREAS, the Township of Randolph, Morris County, also wishes to enter in a Memorandum of Understanding with DCA, DHS and HMFA, which understanding will coordinate the efforts of the parties to create appropriate housing for individuals with developmental disabilities in the community through the purchase and conversion of existing residential properties within the municipality; and

WHEREAS, the Township of Randolph takes this action on the condition that its $300,000.00 allocation to the Special Needs Housing Partnership as set forth herein satisfies any obligation of the Township of Randolph to allocate 30% of its Affordable Housing Trust Fund for affordability assistance per the COAH (now DCA) regulations or as otherwise required.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Randolph, Morris County, hereby allocates $300,000.00 for use by the Special Needs Housing Partnership.

MAY IT FURTHER BE RESOLVED that the Governing Body of the Township of Randolph, Morris County, hereby authorizes the Mayor on behalf of the Township Council to execute the MOU with DCA, HMFA and DHS on behalf of the municipality.

S. Request to Amend Randolph’s Municipal Affordable Housing Trust Fund Plan Re-Allocating the Affordability Assistance Portion for the E. A. Porter Habitat Project

R-320-11

WHEREAS, the Township of Randolph prepared a spending plan for the expenditure of funds accumulated by the adopted Developer Fee Ordinance, which was approved by New Jersey Council on Affordable Housing (COAH); and

WHEREAS, the Township Council of the Township of Randolph desires to amend said Spending Plan to allow the funds to be utilized in accordance with the below stated purposes:

$1,555,777.43 balance as of October 31, 2011.

$300,000.00 to be allocated for affordable supportive/special needs housing.

$50,000.00 to be allocated for administrative support including but not limited to the development of a housing plan.

In addition to the $173,598.17 that has already been expended on the Morris Habitat for Humanity project, the $1,205,777.43 balance of the Affordable Housing Trust Fund that existed on October 31, 2011, after deducting the funds noted above, or the lesser amount remaining in the Affordable Housing Trust Fund, is to be allocated for the development of 28 affordable units in partnership with Morris Habitat for Humanity; and

WHEREAS, the Township Council of the Township of Randolph has reviewed the attached amended Spending Plan and desires to adopt said amended Spending Plan and to request approval of the Plan from the NJ Department of Community Affairs.

NOW, THEREFORE, BE IT RESOLVED by the governing body of the Township of Randolph, County of Morris, State of New Jersey, that the Amended Development Fee Spending Plan as set forth above dated December 1, 2011, is hereby adopted and that the NJ Department of Community Affairs be requested to approve said Amended Development Fee Spending Plan.

BE IT FURTHER RESOLVED that the allocation set forth in this Resolution and the Amended Spending Plan shall represent a sufficient commitment to expend the available balance in Randolph’s Affordable Housing Trust Fund so as to prevent a forfeiture of said fund to the State of New Jersey per L. 2008, c. 46.

T. Raffles

(1) On-Premise 50/50, Randolph High School Choir Boosters Association, February 24, 2012, 7:00 p.m. to 10:00 p.m., at Randolph High School, 511 Millbrook Avenue, Randolph

(2) Tricky Tray, Randolph High School Choir Boosters Association, February 24, 2012, 7:00 p.m. to 10:00 p.m., at Randolph High School, 511 Millbrook Avenue, Randolph

(3) Instant Raffle, Ironia Elementary School PTA, January 28, 2012, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (Snow Date January 29, 2012)

(4) Elite Grand Prize Raffle, Ironia Elementary School PTA, January 28, 2012, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (Snow Date January 29, 2012)

(5) Super Grand Prize Raffle, Ironia Elementary School PTA, January 28, 2012, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (Snow Date January 29, 2012)

(6) Grand Prize Raffle, Ironia Elementary School PTA, January 28, 2012, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (Snow Date January 29, 2012)

(7) Basket Raffle, Ironia Elementary School PTA, January 28, 2012, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (Snow Date January 29, 2012)

(8) 50/50 Raffle, Ironia Elementary School PTA, January 28, 2012, 10:00 a.m. to 4:00 p.m., 303 Dover-Chester Road, Randolph (Snow Date January 29, 2012)

DISCUSSION ITEMS

A. Branch and Leaf Collection Program

Manager Lovell’s comments included the following:

DPW crews are still hard at work clearing the branches and are making good progress
FEMA has indicated that towns will be reimbursed for their clean-up efforts
Money received from FEMA relating to the October snow storm will be put back into the emergency snow fund to provide a layer of protection in the event of a tough winter
The Council has requested at the last meeting that the Manager come up with a plan to collect leaves
Mr. Spring has been reaching out to contractors to determine what those clean-up costs would be and the equipment and manpower available to the Township
Front end loaders with pincher claws on front, which is ideal for picking up leaves, are not available
A front end loader with a standard bucket and three trucks are available at a daily cost of $3,190.00
It is estimated that leaf collection would take approximately 20 days for a total cost of approximately $64,000.00
A front end loader with a bucket can not clean leaves off of lawns and would be able to only clean up those leaves on the street, unlike normal years when Randolph’s equipment cleans the street and yard by the curb and sweeps the area clean
Branch collection has been completed in only one of the four districts and two weeks are estimated to be necessary in each of the remaining districts to complete the job
A contractor can only clean leaves from a district once it has been cleared of branches, and contractors are not enthusiastic about a job whereby they would have to come back multiple times
Many residents have been very cooperative with the Township by placing their leaves in bags and bringing them to the Recycling Center or calling for Monday pick-up
If the Council decides to implement a leaf collection this year, it may have a negative effect on the good will shown by the residents assisting the Township in this clean-up

Mr. Spring’s comments included the following:

The residents are bringing in an enormous amount of bagged leaves to the Recycling Center on the weekends
The volume of bagged leaves being picked up on Mondays has decreased since the remaining trees have long since lost their leaves
Many residents have stepped forward and are helping their neighbors with clean-up efforts as well
Mr. Spring does not expect to find a lot of leaves remaining in the town on the streets
The problem with using a front end loader with a bucket means that leaves on the street will be picked up but the leaves that remain on the lawns by the curbs will not be picked up and will either fall or be raked back into the street

Mayor Mitsch asked if the DPW would be able to go back into neighborhoods to pick up leaves once the branch collection program has been completed.

Manager Lovell responded that if Randolph enjoys a mild winter, an immediate goal would be to collect leaves once the branches have been collected. That was the intent when the leaf collection program was suspended.

Councilman Napoliello asked what will happen if there is an early snow storm before branch collection has been completed.

Manager Lovell responded that while the roads would be pre-treated, the plows would not be able to plow curb to curb in certain sections of the town if there is an early snow storm.

Councilman MacArthur stated that he does not believe the Township should hire a contractor to provide leaf collection at this time in light of the fact that many residents have been cooperating with the town in good faith.

Deputy Mayor Guadagno suggested sending a letter to residents thanking them for their cooperation and understanding and that would encourage other residents to pitch in.

Councilman Loveys stated that he agrees with Councilman MacArthur to not implement a leaf collection program at this time. The Councilman expressed concern about the possible $64,000.00 cost to hire a contractor to pick up leaves in light of these tough economic times. Councilman Loveys has been offering his assistance to neighbors and has witnessed many other residents working together in the spirit of cooperation.

Councilwoman Veech asked about what could be done to assist a homeowner who is unable to bag their own leaves.

Manager Lovell responded that if his office receives a legitimate call for help, he would reach out to service groups to provide assistance to the homeowner.

Councilman MacArthur noted that the Township has an opportunity to improve communications with the residents and suggested a letter be sent to every household to thank them, update and re-affirm what the Township plans to do, and to clarify the suspension of the leaf program.

Manager Lovell noted that the Randolph Quarterly Newsletter is almost ready for printing and he can easily change the front page to reflect the Council’s sentiments.

Mayor Mitsch suggested the Township Manager draft the letter to be printed in the Newsletter and email it to the Council for comments.

Councilwoman Veech offered the following points to be considered in the Newsletter article:

The Township has prioritized branch pick-up over leaf pick-up
Both programs can not be completed at the same time due to limited resources
Branches pose the higher safety threat to residents
Residents are asked to blow leaves into wooded areas on their property, engage a landscaper to pick up their leaves, or place the leaves in bags and call the Township for Monday pick-up
The suspension of the leaf collection program is for this year only
The Township faces a monumental task in picking up all of the branches
The entire road crew has been assigned to this task and work days and work hours have been extended
The Township is leasing equipment and private operators to assist in this effort
The Recycling Center is open seven days per week for residents to bring branches and bagged leaves
Randolph expects to collect in excess of 70,000 cubic yards of branches, more than 10 times what is collected during the annual Spring clean up
The Council understands that it is an abnormal task for residents to dispose of their leaves but the storm has left an abnormal amount of branches and tree debris that must be collected as quickly as possible
Cooperation of the residents will save time and money
The Council thanks the residents for their patience, understanding and extra efforts and apologizes for any inconvenience

B. Butterworth Interceptor Project

Manager Lovell’s comments included the following:

The Butterworth Interceptor project has been on the books since the 1990s
It was negotiated with Morris Township to gain access to the Butterworth Treatment Plant
What was envisioned was to increase the capacity in the Butterworth Interceptor
Randolph had a project ready to roll last year which anticipated a pipe bursting component
The pipe bursting was at the last stage of gaining all of its approvals when the EPA ruled that it would not be permitted
Randolph had to go back to the drawing board to come up with another plan
The plan is to now let the sewage flow down Sussex Turnpike and then take it across to the Butterworth Treatment Plant via the easiest route via Lake Road into the Raynor Project
This is a more expensive project but there is no other way to get around the capacity issues
Currently the project is estimated to cost $2.4 million to go down Sussex Turnpike and $1.6 million to do the Raynor section, for a total of $4 million
The Manager would like to get the Raynor project out to bid this winter for construction early next year
The Sussex Turnpike project still has to be designed
Randolph would like to negotiate with the Kushner Corporation to do the design and for them to contract to get this project done and Randolph would reimburse them
Approximately $2.4 million remain in funds appropriated for this project back in 1997
The sewer fund currently has a surplus of approximately $6 million which was dedicated to this project and to the Mt. Freedom project
Prior settlement agreements with both Morris Township and the Kushner Corporation will need to be amended
The Manager cautioned that if a sewer overflow ever occurs that can be traced back to Randolph, Randolph would be liable for those damages
Once improvements are made to this system, there is no longer any liability from that perspective if the line is at the capacity agreed to by both sides
If Randolph does not move forward with the project, there is a good chance the issue will end up in court
Randolph has an obligation due to a settlement agreement to complete this project
The Manager and Township Attorney will be meeting with Morris Township and the developer to hopefully come to a new settlement document that will be presented to the Council for approval.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

There were no Council and Manager reports.

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. Township Manager’s Evaluation

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.

Councilman Loveys made a motion to go into Executive Session at 10:25 p.m. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Loveys made a motion to return to Open Session at 11:10 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

Councilman Loveys made a motion to adjourn the meeting at 11:10 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

_______________________________
Donna Marie Luciani
Township Clerk