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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: October 4, 2011

Minutes: October 4, 2011

RECEPTION—HONORABLE JUDGE GARY ALGEIER

RECOGNITION OF FORMER RANDOLPH COUNCILMAN GARY ALGEIER

Township Manager, Mayor Mitsch, Township Attorney Edward Buzak and Chief of Staff to Assemblyman Anthony M. Bucco, Bruce Sisler, recognized Honorable Algeier’s great leadership as a Mayor and Councilman for the Township of Randolph. His vision helped lead the way in making Randolph at town “where life is worth living.” Honorable Algeier was committed to the Township of Randolph and the residents he served.

Honorable Algeier was presented with a clock from the Township of Randolph which read:

Presented to GARY ALGEIER
Randolph Mayor in 2003 and 2006
Deputy Mayor in 2005
Member of the Township Council January 1, 1997 - July 14, 2011
In recognition of your service on the many Boards, Committees and Service Clubs of Randolph Township

Chief of Staff to Assemblyman Anthony M. Bucco, Bruce Sisler, presented Honorable Algeier with a citation from the Senate and General Assembly.

A regular meeting of the Randolph Township Council was called to order at 7:05 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
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she has reviewed the proposed Council meeting calendar for 2012 and she has returned it to the Township Manager along with one comment.

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

APPROVAL OF REGULAR COUNCIL MEETING MINUTES:

(1) August 4, 2011

Deputy Mayor Guadagno made a motion to approve the minutes as presented. Councilman Loveys 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

ABSTAIN: Councilman Obremski

(2) August 30, 2011

Councilman Napoliello made a motion to approve the minutes as presented. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN:
Councilman Obremski
Mayor Mitsch

(3) September 15, 2011

Councilman MacArthur made a motion to approve the minutes as presented. 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

COUNCIL AND MANAGER REPORTS

Councilman Obremski reported that the Morris County Open Space Committee recently toured several properties in Morris County proposed for open space and the Committee will be holding deliberations in late October to determine which of those properties will receive grant money.

Councilman Loveys reported that a bench dedication that had been scheduled for October will be postponed until later in the year. The tree dedication in memory of Nelson Matos will take place at Brundage Park on October 11 at 6:00 p.m.

Councilwoman Veech noted that she attended the recent Country Fair and thanked the Rotary Club and the Township Manager, staff, and volunteers for their efforts in making it a successful event. The Councilwoman completed her tour of the town and stated that it is a pleasure to work with the Township staff. Councilwoman Veech attended the most recent Safety Committee Meeting. Several issues were discussed including a handful of accident reports relating mostly to minor physical strains and injuries sustained by police personnel and a request to the JIF for information on monthly safety training classes for Township personnel.

Deputy Mayor Guadagno reported that activity at the Planning Board is slow at this time.

Mayor Mitsch reported on the following:

She attended the Country Fair and has submitted a letter to the Randolph Reporter thanking the Rotary Club and Township staff for their efforts in making the day a success
Mr. Rodriquez, a Randolph resident serving in the Navy, will be honored in Philadelphia on October 21 (the Manager will submit a proclamation and Township flag to be presented to Mr. Rodriquez at the ceremony and suggested the Mayor submit a personal letter as well—it was suggested that information on this event be reported in the local newspaper as well)
Matt Cohrs achieved the rank of Eagle Scout this past summer and because notice of the event was received late, there was no one from the Council present to recognize this achievement (Matt and his family will be invited to an upcoming Council meeting for recognition and the presentation of a plaque)
Recent decisions concerning the Roseland Susquehanna Transmission Project appear to have gone in Randolph’s favor
The Mayor received an email regarding Blue Acres funding and asked if any properties in Randolph were impacted (the Manager responded that while many properties experienced problems due to heavy rains, no properties in Randolph were taken over by bodies of water and therefore do not qualify for Blue Acre funding)
The Mayor will attend a portion the upcoming Randolph Rock Stars event honoring, among other Randolph residents, Judge Ira Cohen on November 3 and will then come to the Council meeting a little late

Manager Lovell’s report included the following:

The VFW building is more in use now that the Recreation Center is undergoing construction and it will be necessary to invest some dollars into that building, particularly in the basement as it has seen water damage from recent heavy rainfall—the cost for repairs will be charged to the Recreation Center project and work will be shortly
Open space tracts from the former Heritage golf project are on schedule to be dedicated to the Township—Phase I and II reports on the property are expected late in the fall and if those reports come back clean, the Township can accept title to those properties
He has attended meetings with the DEP concerning clean-up of the Rosenfarb property—discussions with the DEP were expedited with assistance from the Governor’s Chief of Staff—a great deal of information was shared between the Township and the DEP—the developer will be making a major installment payment which will be placed in escrow to be used for remediation at the site
Randolph’s acceptance of this property is critical to the agreement with Mendham and Seeing Eye
He and Darren Carney met with the Director and Deputy Director for the Highlands regarding the growth centers that have been designated for Randolph—he feels that the Highlands is working to reflect what is called for in the Master Plan—the maps designating the growth centers will be critical as the Sewer and Water Master Plans are developed
The Highlands indicated they will provide grant money and a consultant so that Randolph can do a significant re-development study of the K-Mart and South Salem Street area
Randolph, as a member of the North Jersey Municipal Employee Benefits Fund, will see an increase in health premium costs this year of approximately 12 percent—there is expected to be a dividend this year which will help to offset the increase a bit
There will be a new low cost HMO plan which will cover new employees which will lower the cost of those premiums by approximately 45 or 50 percent, and more employees will be sharing in the cost of their premium costs as current contracts expire
Nationwide there is a 10 percent trend for health costs, due in part to the Obama care plan that allows dependents up to age 26 to be covered under a parent’s plan
The new maintenance garage at the DPW site is moving forward—footings and foundations will start to appear over the next several days—steel has been ordered
The contractor responsible for site work at the Community Center and Library is continuing to cause concern—the project is moving much more slowly than anticipated—at this point, Township staff will complete the excavation of all materials within the next few days and the contractor has been ordered to return at that time to finish the site—if the contractor does not show up, the Manager will begin the process of calling in the performance bond
The builder responsible for expansion of the Community Center is working feverishly to get the building ready and skinned for the winter—a couple of reasonable change orders may be necessary in the near future

Councilman MacArthur asked if the Township has any right to partially call in the performance bond after the fact since the Township incurred expenses due to their failure.

Manager Lovell responded that certain decisions were made by the Township in order to move this project along because there was another contractor waiting to begin work on the buildings. Randolph will eventually go through a process of assessing reasonable and unreasonable costs that were incurred and will make a determination as to whether or not those costs should be recouped. Further discussion should take place in a future Executive Session.

Councilman MacArthur asked if there has been any resolution to the issue of opting in to the Highlands and how that relates to the Morris County wastewater treatment plan.

Manager Lovell responded that direction of the Council was to ask for clarification from the Highlands as to the meaning of their letter and what the opting in process would entail. At this point, the Manager is confident that the Highlands is representing Randolph’s interests. The concerns of the Council were highlighted in a letter from the Manager to the Highlands, and the response from the Highlands is that they will work with Randolph. Regulations are in place that would allow a town to pull out of the process at any time.

Councilman MacArthur asked if there was any concern about Randolph not being a part of the Morris County wastewater management plan.

Manager Lovell responded that the Highlands will pre-empt the County plan for wastewater planning.

Mr. Buzak noted that there had been some concern regarding water allotments through the RVRSA for towns not included in the Morris County wastewater management plan. However, the Morris County wastewater management plan is a draft that will be submitted to the DEP for final determination. The DEP will not approve the County’s plan as it relates to RVRSA towns without all of the towns in the county accounted for in some way.

ORDINANCES

A. Introduction

(1) Department of Police & Emergency Management Ordinance

Manager Lovell noted that this ordinance is not ready for introduction due to some questions that have arisen. Randolph is going through the accreditation process in the police department at this time. An important aspect of that process is a need to update and modify the ordinance under which the police department is organized. While the whole ordinance has not been re-written, certain key areas do change, most notably the disciplinary and investigation section where it refers to Internal Affairs. All of the detail that is currently listed in the existing ordinance is being pulled out and the new proposed ordinance will note that Randolph will follow the state Attorney General’s guidelines.

In addition, Councilman MacArthur had raised a question on the promotional process and what would happen if the person scoring the highest on the test is believed to be the wrong person for the promotion. Legal counsel will prepare a letter for the Council regarding this issue for further discussion.

Police Chief Mason’s comments included the following:

One of the requirements of the accreditation process is to look at the Rules and Regulations as well as the ordinance as it relates to the Police Department
A consultant was brought in early in 2011 to assist with the accreditation process
Legal counsel and the Township Manager assisted in the preparation of the proposed ordinance
The new ordinance would have a Table of Organization in the Policies which could be adopted by resolution and approval of the Township Manager as the need arises to restructure the department
Under the new ordinance, appointments are considered probationary for a one year period (the one year probationary period would begin upon completion of the police academy if applicable)
The new ordinance will have a wording change regarding the promotional process in that an individual must pass the written exam to move onto the oral exam and then must pass the oral exam to receive a final score
The new ordinance will reflect the accreditation standard than when there is a promotional process there must also be a promotional review and appeal process
The most significant change in the new ordinance deals with the Internal Affairs process
The proposed ordinance will state that Randolph follows the New Jersey Attorney General’s guidelines
The proposed ordinance will reflect state statute requirement that officers classified as special police officers can not exceed 25 percent of your force

Councilman MacArthur stated that public safety should be the main priority and focus of the police department and not what he views as employment practices in the way promotions are defined in the proposed ordinance. The Councilman also expressed concern that it appears to him in the proposed ordinance that an individual who fails a psychological evaluation could still be eligible for promotion.

Chief Mason responded that an individual who does not pass the psychological evaluation would be out of the promotion process at that point. The Chief believes that Randolph, as the employer, would take a stronger look at an individual who fails a psychological evaluation and would be compelled to re-assess that individual’s fitness for duty.

Councilman MacArthur suggested the proposed ordinance be checked to ensure that this issue of the psychological evaluation is clearly stated. The Councilman noted that state law requires that municipalities promote a police chief from within their organization. While the Councilman would certainly prefer to promote from within, the idea that a municipality would be forced to do so when the right candidate may not be available is what he finds objectionable.

(2) Business Entities Making Political Donations—Public Contracts

Manager Lovell stated that this ordinance reflects an item on the Best Practices Checklist and was clearly explained by the Township Attorney at the last Council meeting.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE ESTABLISHING THAT A BUSINESS ENTITY WHICH MAKES CERTAIN POLITICAL CONTRIBUTIONS SHALL BE LIMITED IN ITS ABILITY TO RECEIVE PUBLIC CONTRACTS FROM THE TOWNSHIP OF RANDOLPH” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 3rd of November, 2011, at 7:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

Councilman Obremski made a motion to introduce the ordinance. 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

(3) Outdoor Dining: B-2, B-2 ENV, B-4 Business Zones

Manager Lovell stated that the Council, Township Attorney, and the staff have spent a great deal of time working on this proposed ordinance in an effort to find a solution that would be best for the community. There are some pre-existing uses that will not fit into the confines of the ordinance, however property owners will be able to go in front of the Planning Board to bring their properties into compliance. The ordinance will also make it easier for businesses to have outdoor dining in the future.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-27.2.B, 15-27.4, 15-27A.2.B, 15-27A.4, 15-29.2.B AND 15-29.4 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be introduced and read by title by the Township Clerk and passed on first reading.

Councilman MacArthur made a motion to introduce the ordinance. 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

(4) Amend Ordinance 12-11 Salary and Wage Ordinance

Manager Lovell stated that this proposed ordinance is for the position of Information Systems and Training Coordinator.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 16-09 ENTITLED ‘AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’ SUBSEQUENTLY AMENDED BY ORDINANCE NO. 27-09, ORDINANCE NO. 23-10, AND ORDINANCE NO. 12-11” be introduced and read by title by the Township Clerk and passed on first reading.

Deputy Mayor Guadagno made a motion to introduce the ordinance. Councilwoman Veech 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

COMBINED ACTION ITEMS

Councilman MacArthur asked that Item F be pulled for separate action.

Councilwoman Veech asked about Item E.

Manager Lovell responded that the budget will be amended to incorporate a grant that had not been received when the budget was adopted in the spring.

Chief Mason added that the Township submits a report quarterly to the state on the number of drunk drivers that have been stopped and arrested. As a result of those reports, Randolph receives a certain amount of dollars through the drunk driving enforcement fund to be used by the department for more enforcement efforts that do not come out of the regular budget.

Deputy Mayor Guadagno made a motion to approve the Combined Action Items with the exception of Item F. 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

A. Release Performance Guarantee for Sewer Improvements to CVS 6872—$120,960.00

R-250-11

WHEREAS, Engineering has received a request from CVS for the release of the performance guarantee for the sewer system constructed at Block 44, Lot 14.02, on Route 10 at Dover Chester Road; and

WHEREAS, the performance guarantee consisted of Performance Bond No. 6257741 in the amount of $120,960.00 which was filed with the Township Clerk’s Office and a cash bond in the amount of $13,440.00 which was received and deposited with the Finance Department on October 27, 2004; and

WHEREAS, the Developer was required to post a maintenance guarantee in the amount of $20,160.95 for a period of two years following acceptance. The Maintenance Bond, No. 015031635 in the amount of $20,160.95, issued by Liberty Mutual Surety, was received and filed in the Township Clerk’s Office on September 8, 2011.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that the Performance Bond No. 6257741 in the amount of $120,960.00 and the cash bond in the amount of $13,440.00, plus accrued interest, be released to CVS 6872 NJ, LLC, One CVS Drive, Woonsocket, RI 02895.

B. Release Police Detail Escrow for Various Companies

R-251-11

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:

Hebrew Congregation of Mt. Freedom $720.00
D & L Paving Contractors, Inc. $142.00
MidAtlantic Neonatology Assoc. $355.00

C. Authorizing Transfer of Title for Abandoned Vehicles at Cohn Farm to Raimo of Stanhope and Disposal of all Metal on Property

R-252-11

WHEREAS, there are numerous abandoned vehicles and metals on Township property known as the Cohn Farm, Center Grove Road; and

WHEREAS, all vehicles are junk and will be removed to a salvage yard along with all other metals on the property including vehicles which could not be identified in preparation of demolition; and

WHEREAS, two quotes were obtained from Roxbury Auto Wreckers for $2,500.00 and Raimo of Stanhope who will take all metal on the property at no charge; and

WHEREAS, the following vehicles had VIN numbers which were legible and junk titles were able to be obtained:

1979 Dodge Pickup 1D27JE 9C150 297
1985 Ford Pickup 2FTEF 25Y4F CA619 17
1989 Chevrolet Pickup 1GCDC 14H9K Z2045 49
1975 Chevrolet Wagon CKY18 5F156 237
1983 Dodge Pickup JB7FP 2457D Y1050 83
1974 Chevrolet Pickup CCY24 41168 189
1971 Buick 4 Door 45439 1Y183 444
1974 Chevrolet 2 Door 1L47H 4T190 862
1970 Chevrolet 4 Door 16447 1T114 798
1960 Chevrolet 4 Door 01635 B2230 68
1961 Chevrolet Truck 1L663 B1074 18

WHEREAS, title for these vehicles will be transferred to Raimo of Stanhope for disposal.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the junk titles be transferred to Raimo of Stanhope who will dispose of them along with all other metal on the property known as Cohn Farm.

D. Overpayment of 2011 Taxes by Reason of Veteran Exemption—$7,583.26

R-253-11

WHEREAS, Carmine and Deborah Mango have overpaid 2011 taxes by reason of tax exempt veteran in the amount of $7,583.26 on Block 146, Lot 38, 51 Mountainside 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 $7,583.26 to Carmine and Deborah Mango.

E. 2011 Budget Amendment—Drunk Driving Enforcement Fund—$6,446.60

R-254-11

WHEREAS, N.J.S.A.40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2011 Budget.

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $6,446.60 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with prior written Consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Drunk Driving Enforcement Fund

SECTION II

BE IT FURTHER RESOLVED that a like sum of $6,446.60 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Drunk Driving Enforcement Fund

F. Release Road Opening Bond for 4 Fox Run Drive to Eagle Builders—$500.00

Acted on separately.

G. Release Road Opening Bond for 3 Blue Fern Lane to Norma Jacobs—$500.00

R-255-11

WHEREAS, the Engineering Department has received a request from Norma Jacobs for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 3 Blue Fern 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 September 20, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the resurfacing of the driveway at 3 Blue Fern 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 Norma Jacobs, 3 Blue Fern Lane, Randolph, NJ 07869.

H. Release Road Opening Bond for 70 Everdale Road to Dolph Chiarino—$500.00

R-256-11

WHEREAS, the Engineering Department has received a request from Dolph Chiarino for the release of a $500.00 cash road opening bond posted for the purpose of sanitary sewer connection at 70 Everdale 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 August 12, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sanitary sewer connection at 70 Everdale 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 Dolph Chiarino, 70 Everdale Road, Randolph, NJ 07869.

I. Release Road Opening Bond for 19 Willow Drive to Jennifer Weiss—$500.00

R-257-11

WHEREAS, the Engineering Department has received a request from Jennifer Weiss for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 19 Willow Drive, 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 14, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the resurfacing of the driveway at 19 Willow Drive 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 Jennifer Weiss, 19 Willow Drive, Randolph, NJ 07869.

J. Authorizing the Award of Contracts for MCCPC 2012 Model Vehicles—As Needed

R-258-11

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) authorizes an award of Contracts #15-B and #15-E to the low bidders as noted for bids advertised and received on September 22, 2011, on behalf of the MCCPC in accordance with the “Local Public Contracts Law”:

Contract #15-B: 2012 Model Administrative Passenger Vehicles
Item #1: Carman Dodge (Dodge Charger)—Base Price: $23,047.00
Item #2: Hertrich Fleet Services (Chevrolet Impala)—Base Price: $19,136.00
Item #3: Warnock Fleet (Dodge Avenger)—Base Price: $17,482.00
Item #4: Warnock Fleet (Ford Fusion)—Base Price: $15,207.00
Item #5: Warnock Fleet (Ford Focus)—Base Price: $13,117.00

Contract #15-E: 2012 Model Hybrid Vehicles
Item #1: Hertrich Fleet Services (Chevrolet Tahoe)—Base Price: $46,035.00
Item #2: Hertrich Fleet Services (Chevrolet Tahoe)—Base Price: $48,348.00

WHEREAS, the Township of Randolph has determined that the companies recommended for the awards noted above were the lowest responsible bidders meeting the specifications.

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-referenced bidders be awarded the MCCPC Contracts #15-B and #15-E for the eleven (11) month contract period (October 1, 2011 to August 31, 2012).

K. Authorizing an Amendment for Purchases From MCCPC Contract 12, Diesel Fuel—Not to Exceed $375,000.00

R-259-11

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 another $75,000.00 is necessary; and

WHEREAS, fees for these purchases will not exceed $375,000.00; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize Amendment I in the amount of $75,000.00 totaling $375,000.00 for purchases from the Morris County Cooperative Pricing Council Contract #12.

L. Raffles

(1) Social Affairs Permit, St. Matthew the Apostle Parish, November 19, 2011, 7:00 p.m. to 10:00 p.m., 335 Dover Chester Road, Randolph

(2) Off-Premise Merchandise Raffle, Randolph Chemical Engine Company No. 2, December 19, 2011, 7:00 p.m., 340 Route 10, Randolph

(3) Social Affairs Permit, County College of Morris

Deputy Mayor Guadagno made a motion to approve Item F on the Combined Action Items. Councilwoman Veech 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

ABSTAIN: Councilman MacArthur

F. Release Road Opening Bond for 4 Fox Run Drive to Eagle Builders—$500.00

R-260-11

WHEREAS, the Engineering Department has received a request from Eagle Builders for the release of a $500.00 cash road opening bond posted for the purpose of a trench drain at the end of the driveway at 4 Fox Run Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on June 15, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the trench drain at the end of the driveway at 4 Fox Run Drive 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 Eagle Builders, 152 Castleline Road, Denville, NJ 07834.

DISCUSSION ITEMS

A. Water/Sewer Allocations—Purchasing of Connections

Manager Lovell stated that water capacity and sewer capacity are finite in this region. There are issues going through the MCMUA with regard to negotiating the water contract and the RVRSA will eventually reach capacity and will no longer be able to provide connections. Some developers who are gaining approvals have been seeking to buy connections immediately and banking them against the future, potentially to the detriment of other projects in town. Discussions have been taking place at the staff level as to whether or not Randolph ought to have a “use it or lose it” provision with regard to those connections. The Manager asked the Council whether or not this provision would be of interest before a great deal of time and effort is expended.

Deputy Mayor Guadagno stated that he would be in favor of developing such a provision.

Councilman Obremski asked how the Township would deal with projects that are already out there with the purchases already made.

Manager Lovell responded that the staff would have to work on that issue.

Mr. Buzak provided the following comments:

There is a finite amount of gallonage from the perspective of the RVRSA
It is desirable for developers to try to secure gallonage before going before the Planning Board for a large project
The proposed policy would require that those developers move forward with their project in order to maintain that gallonage
The RVRSA does not have a reservation policy—they operate on a first come, first served basis
Therefore, if Randolph does not get an allocation from the RVRSA, he is unsure whether or not this policy could be instituted for sewer capacity
This policy may be more applicable for water capacity

Councilman MacArthur stated that he likes the idea of the provision because it encourages developers to move forward. However, he does question the provision to allow developers to hold allotments for up to five years in that it could dissuade other developers from trying to develop a project. The Councilman would prefer a shorter time period.

Mr. Buzak responded that development of this provision is in the infant stages, however one concept they are considering is to require a reservation fee that a developer would be required to pay on an annual or quarterly basis for reserved connections.

Deputy Mayor Guadagno stated that it is his opinion that this endeavor may be a waste of time in that sewer capacity will likely not be available and water capacity issued could be circumvented with the drilling of wells.

Manager Lovell responded that, due to the Council discussion this evening, he and the staff will re-visit whether or not an ordinance would be appropriate.

B. 2012 Meeting Schedule

Manager Lovell discussed potential meeting dates for Council meetings in 2012 and the Council members will check their calendars for conflicts. The Manager would like to finalize the dates and adopt the annual meeting resolution in December.

C. Residential Garbage Collection Service—Selection of Bid Option

Manager Lovell’s comments included the following:

Blue Diamond has been Randolph’s contractor for the last two contract periods and have provided good garbage collection services
Three companies, including Blue Diamond, bid for the new contract and Blue Diamond provided the lowest bid
Next year the costs for providing collection services are projected to be approximately $1,276,000.00, which falls below the total cost for 2011
When putting together the bid specifications, an either/or set of options was offered in regards to who pays the cost of the transfer station
Traditionally Randolph has paid both the garbage collector for collecting the garbage and the transfer station costs
When you operate in that manner, some times a truck will have to go to the transfer station without being completely filled, and the company loses some efficiency
The garbage collection companies prefer filling their vehicles before going to the transfer station
It was evident in the bidding process this time is that there is a savings if you allow a garbage company that efficiency of packing their trucks and then the garbage collection company pays the transfer station fees
On the flip side, there could be a potential drop in the service level to residents
Randolph has for years had a two-can maximum allowed at the curb, however the collection company willingly exceeded that limit since Randolph was paying the landfill cost
If the contractor starts to pay for the landfill costs, they may start to enforce that two-can limit
The Manager believes taxpayers will be irritated if they have extra cans at the curb and some may be left there still containing garbage, particularly if that homeowner typically has one or two cans throughout the year
The Manager believes that Blue Diamond is aware of customer service issues and will cooperate with the town on such issues if possible, however if costs at the transfer station rise or the cost of fuel rises, a garbage collection company will typically cut back on picking up excess cans
Randolph prides itself on service
The Manager is looking to get a sense of how the Council would like to proceed with this issue of either paying for transfer station fees or having the garbage collection company take on those fees

Councilwoman Veech noted that, while some households do place more than two cans at the curb per week, many more households seem to place one or two cans except for special occasions. She asked whether language could be put into the contract that would allow for an average number of two cans for households throughout the entire township rather than a strict two can maximum per household.

Mr. Buzak responded that the idea of language for a township average could be investigated and he would be interested to see what language other neighboring towns have in their contracts.

Deputy Mayor Guadagno suggested that educating residents about the two-can maximum would possibly enable them to modify how they dispose of garbage and may encourage recycling.

Manager Lovell responded that the December issue of the Randolph Quarterly will contain a message about the two-can maximum.

Councilman MacArthur stated that it would be sensible to enter into a bundled bid whereby the contractor pays the transfer fees. However, he noted that residents expect garbage to be collected regardless of how many trash cans they bring to the curb. The Councilman asked if there were some way to insert language into the contract that would require the contractor to provide a series of warnings to the township and to residents exceeding the limit before they can resort to not picking up the trash.

Manager Lovell responded that Blue Diamond has been an excellent company to deal with and has made every reasonable effort to make Randolph happy with their service. The Manager believes bundled service would be the way to proceed and that there is time to work out a couple of issues that have been discussed and to provide some public education programs.

Deputy Mayor Guadagno expressed concern that if Randolph goes with the bundled bid, it will not then be possible to keep track of tonnage.

Manager Lovell responded that the Township has been keeping tracking records for the past several years so there is a good base from which to work.

D. November Election—Re-Assignments of Districts Using the Community Center

Manager Lovell stated that the voting districts assigned to the Community Center will need to be re-assigned for the upcoming General Election due to construction at the site.

Mrs. Luciani reported that Districts 15 and 17 will be assigned to the Rescue Squad building on Route 10 and Districts 3 and 19 will be assigned to the Municipal Building. Postcards will be sent to the affected households and notices will be placed on the web site, the weekly email alert system, on the electronic board, and on the bulletin board outside of the Library. Sample ballots mailed by the County will also contain this information.

E. Drainage Issues—Shongum School Campus Through Adjacent Residential Subdivision

Manager Lovell stated that this issue is not ready for discussion at this time, however he wanted to make the Council aware of the following points:

The Shongum School has no drainage retention facilities
During a storm there is immediate run-off from the site which heads to the corner of Cushing Court and Mohawk Place
Complaints of flooding came in after Hurricane Irene
After doing some research, it was learned that a drainage system was installed either by the Township or through the Township contracting for a drainage system that was built on private property in the 1970s
It is believed that it was built on private property as a result of homeowners in a new sub-division at the time complaining about severe erosion
These types of things were often handled differently back in the 1970s and sometimes things were done by a verbal agreement
No records of this transaction have been found to date
There are no easements
The Manager received permission from the property owner to walk the property and to get a sense of what has occurred
He believes the drainage system is working to capacity at this time and the problem arose when the capacity was exceeded by the extreme rains from the hurricane
The homeowner would like the Township to run a camera through the pipe to see if there are any problems within
The Manager is very hesitant to go onto private property and to start taking responsibility for something before discussing this with legal counsel and with the Board of Education
This issue will be addressed with the Board of Education at the next liaison meeting

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that the Township needs to work to get residents to understand and increase their recycling efforts. Mrs. Stewart noted that the Council has a couple of meeting date conflicts with the Board of Education and reiterated her belief that the Council and the Board of Education should make every effort to not schedule meetings at the same time.

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

COUNCIL AND MANAGER COMMENTS

Councilwoman Veech asked how things are progressing with the new Master Zoning Plan.

Manager Lovell responded that he will get back to the Councilwoman on that issue.

Councilwoman Veech asked if there is a generator in the police department that could be used in the event of a flood.

Manager Lovell responded that there is a generator, however that generator is at full capacity at this time. The Council has awarded a professional services agreement to do an analysis to put together specifications on a new generator. Half of the money was put into this year’s budget and the rest will likely be in next year’s budget.

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. Investigatory Committee Report

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 9:30 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
Deputy Mayor Guadagno
Mayor Mitsch

NAYS: None

Deputy Mayor Guadagno made a motion to return to Open Session at 11:25 p.m. Councilwoman Veech 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

Mayor Mitsch adjourned the meeting at 11:25 p.m.

_______________________________
Donna Marie Luciani
Township Clerk