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

Minutes: April 19, 2012

A reception was held in the foyer of Town Hall recognizing the 2012 State Championship Randolph High School Varsity Ice Hockey Team prior to the opening of the regular meeting.

A work session of the Randolph Township Council was called to order at 7:30 p.m. by Mayor Guadagno. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011.

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

ABSENT: Councilman Obremski

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

Mayor Guadagno led the Pledge of Allegiance.

OPEN TO PUBLIC

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

MANAGER’S REPORT

Manager Lovell’s report included:

• He toured the Public Works Maintenance Building and it looks like they will be in the building on or about May 21, 2012, which is one week prior to the absolute completion date of June 1, 2012.
• The project that entails the Library and Community Center is moving along albeit at a slower pace. He expects them to have the Library completed sometime in early June and later, sometime in the summer, the Community Center should be completed.
• Pleasant Hill Road was finally repaved the week prior to this meeting.

PUBLIC HEARING—2012 Municipal Budget and Capital Improvement Program

A. Resolution Permitting a Self-Examination

R-121-12

Councilman Napoliello made a motion to accept the resolution. Councilwoman Mitsch seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

WHEREAS, N.J.S.A. 40A-4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C, 5:30-7.2 through 7.5, the Township of Randolph has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the local government meets the necessary conditions to participate in the program for the 2012 budget year.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer’s certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges.
b. Deferred charges and statutory expenditures.
c. Cash deficit of preceding year.
d. Reserve for uncollected taxes.
e. Other reserves and non-disbursement items.
f. Any inclusions of amounts required for school purposes.

2. That the provisions relating to limitations on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq. are fully met (complies with CAP law.)

3. That the budget is in such form arrangement and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a. All estimates of revenue are reasonable, accurate, and correctly stated.
b. Items of appropriation are properly set forth.
c. In itemization form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality.

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

B. Budget Hearing

Manager Lovell reported:

• The 2012 municipal budget tonight is up for a hearing and adoption. The Township is running up against the state deadline for getting our budget adopted but we are still in time. The municipal budget and capital improvement program totals $27,748,088.00, the water and sewer fund appropriations total $7,402,163.00. Our budget this year falls below the CAPS, we are $48,000.00 below the 2% levy cap and $348,000 below the 1977 appropriation cap. Re-appropriation was increased rather dramatically this year, we had to offset those increases by finding cuts elsewhere in the budget; $338,838.00 represents health insurance premium increases this year.
• This year the Township is increasing the reserve by $236,712.00; the reserve only covers 2012 taxes. The capital improvement program is up to $389,200.00. The reason for that increase is due to trying to have more cash and issue less debt for the township. This program was put together on the basis of not passing on our operating costs to future generations.
• The Township has achieved reductions in just about every other section of the budget to offset the increases mentioned.
• The Township is impacted by about $1.2 million dollars shortfall in state aid. The municipal tax rate which includes the Library, Open Space, and Park Development Tax is increasing this year; it’s going up just under 2 cents, (1.9 cents). We are only $48,000.00 under the Levy Cap.
• The Township is increasing taxes and do so reluctantly but also do so from the perspective of being responsible, not simply for this year’s budget but responsible for looking into the future of the fiscal stability into future years.
• The Township keeps the water and sewer records separate from municipal accounts. The sewer budget this year is set at $4,332,215.00, that’s about a 10.5% reduction from last year. The water fund budget is proposed at $3,069,948.00, which represents about a 4.3% increase.
• This is a very good budget for Randolph. It’s going to enable the municipal organization to achieve the excellence in governance that’s expected of us.

Deputy Mayor MacArthur made a motion to open the 2012 municipal budget to a public hearing. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Judith Stewart, 114 Everdale Road was concerned about the budget for garbage collection and for recycling because of the way the state requires the budget to be done, it looks as if recycling costs us money. She felt that if we would consolidate the two parts of the budget, it would show that the Township is actually saving money by recycling. She would like to know if that’s true and how much is saved by recycling. Mrs. Stewart also was concerned that there hasn’t been a report in several years about what is done in our Parks and Recreation Department about children whose parents can’t afford to pay for their recreation fees. She would like to know how much we spent last year for fees or abated fees for recreation purposes for children whose families can’t afford them, and how that compares with previous years.

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

C. Adoption of the 2012 Municipal Budget

R-122-12

BE IT RESOLVED by the Mayor and Council of Township of Randolph, County of Morris that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $17,504,452.00 for municipal purposes, $1,478,957.00 minimum library levy. General revenues, and I’m going to go through summary of revenues very quickly. Surplus anticipated, $3,255,000.00; miscellaneous revenues anticipated, $11,711,842.00; receipts from delinquent taxes, $1,200,000.00; amount to be raised by taxation for municipal purposes, $17,504,452.00; amount to be raised by taxation minimum library levy, $1,478,957.00; total revenues, $35,150,251.00 and again, that includes the water and sewer budgets. General appropriations within “CAPS”: operations including contingent, $20,489,992.00; deferred charges and statutory expenditures-municipal, $2,273,928.00. Excluded from “CAPS”: operations-total operations excluded from “CAPS”, $4,847,040.00; capital improvements, $2,291,800.00; municipal debt service, $1,983,106.00; deferred charges-municipal, $250,000.00; reserve for uncollected taxes, $3,014,385.00; total appropriations, $35,150,251.00.

Councilwoman Mitsch made a motion to accept the resolution. Councilman Napoliello seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

*Deputy Mayor MacArthur voted yes, but wanted to make a statement for the record. It’s a $30,000,000.00 policy statement and the Township spent a lot of time through the winter working on it. There are a lot of people from the public and he wanted to assure them that the budget process was not something that was done quickly or without due thought. Deputy Mayor MacArthur thanked Manager Lovell and his staff for the terrific job of preparing the 2012 budget and for making the Council’s job easier during the process which helped bring focus on the things that matter.

Deputy Mayor MacArthur made the following comments regarding the 2012 budget:

• The 2012 budget was responsive and responsible
• Provides all the essential services
• Preserves what make Randolph Township unique from other towns around us
• It’s a policy document that reflects conservative, careful fiscal management
• Reflects a commitment to the residents
• Invested in public safety
• Funding vacant police positions
• Funding additional equipment for the officers
• Investing in emergency response capabilities
• Purchasing generators for key buildings
• Improving emergency communications systems
• Investing in our parks
• Investing in our roads

Deputy MacArthur state that we are within our levy and appropriation caps and prices go up and he is not ashamed to vote for a $63.00 increase for the average homeowner because it is a terrific budget.

ORDINANCE INTRODUCTION

A. Amendments to Salary and Wage Ordinance/Settlements with Collective Bargaining Groups

Manager Lovell reported that settlements were reached, and each is a three year settlement with Randolph Township Employee Association, The Randolph Township Supervisory Employee Association, and the Teamsters. These contracts will bring about pay increases for the RTEA, $1,040.00 which works out to about 50 cents an hour. For the supervisory employees the increase will be $1,500.00 per year and for the Teamsters the increase will be 50 cents an hour. If an employee is at the lower end of the scale, they’re getting a larger percentage than one that is at the upper end of the scale; that range can be somewhere between 1% and 3% with the average being around 2%. This salary ordinance reflects all those positions, references the unions and it takes you three years in the future with the contractual agreements.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED EMPLOYEES IN ACCORDANCE WITH COLLECTIVE BARGAINING AGREEMENTS EXPIRING ON DECEMBER 31, 2014” be introduced, 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 May, 2012 at 7 o’clock in the evening, 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.

Councilwoman Mitsch made a motion to accept the ordinance. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

B. Amending Appendix A, Fee Schedule to Delete Bid Specification Fee of $20.00

Manager Lovell reported that there is a set rate of $20.00 for bid specifications. The problem is, some bid specifications cost a lot more than $20.00 to reproduce. The suggestion from the attorney is to eliminate this ordinance and in its place write a council resolution set a bid specification fee for those special cases where our cost reproduction is much higher.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, 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 May, 2012 at 7 o’clock in the evening, 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.

Councilwoman Mitsch made a motion to accept the ordinance. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

DISCUSSION ITEMS

(A) Appeal filed by Patrol Officer Melissa Bailey

Manager Lovell recused himself from this portion of the meeting.

Chief Mason reported the following facts related to the matter as well as the reasoning behind the denial of the grievance at Step 1 of the grievance process:

• On Tuesday, January 17, 2012 he received a citizen complaint that a blonde, female officer was operating a marked, Randolph Township police car while on a cell phone. The incident was reported to have occurred on Monday, January 16, 2012 at 2:38 in the afternoon near the intersection of Sussex Turnpike and Millbrook Avenue. As a result of the complaint, an internal affairs investigation was initiated.
• Officer Melissa Bailey was notified that she was the subject of an internal investigation. Investigation revealed that Officer Melissa Bailey was working on January 16, 2012 and that approximately 2:38 in the afternoon, she was operating patrol vehicle 32-3 near the intersection of Sussex Turnpike and Millbrook Avenue.
• A check of all other police incidents during this time period revealed that the only other activity for the entire patrol squad was a community patrol selective where an officer picks a certain area and just concentrates his patrol in that area for a period of 30 minutes and a motor vehicle complaint that was assigned to another officer. No police activity during that time would have justified the use of a cell phone while driving in accordance with state statute.
• A check of the Township owned phones indicated that Officer Bailey was not on a phone owned by Randolph Township.
• During the investigation Officer Bailey indicated that she did not know if she was on a cell phone on the date and time in question.
• Officer Bailey was ordered to produce her personal cell phone records for the date of the incident, during the period in which she was working. Officer Bailey stated that she is on a family share plan and she could’ve been using any one of four different phones during that time. Officer Bailey responded to the order indicating that her husband is the account holder and as such refused to provide the records requested.
• Based on her refusal to comply with a lawful order, Chief Mason issued her a special order dated March 12, 2012 that revokes the privilege and prohibits her from carrying a personal cell phone while on duty until such time that she complies with the lawful order issued during the investigation. The investigation sustained the violation of Rule 8 which is failure to comply with the Chief’s orders for violating policy known as Volume 4, Chapter 16, Equipment Use Assignment and Maintenance as well as Rule 28 Neglect to Duty.
• The Chief determined that Officer Bailey would be counseled and retrained on the policy and the state law regarding cell phone use under 39:497.3 and 39:497.4. The first level grievance was filed on March 19, 2012; it contained two issues. The first issue in Officer Bailey’s grievance indicated that in accordance with policy, when a penalty would be permanently reflected in the officer’s personnel record, a member is to be served with charges and afforded a hearing. The second issue in the grievance is that she is prohibited from carrying a personal cell phone.
• Here there were no charges as Officer Bailey was simply retrained and counseled on the use of a cell phone while on duty. Statute 48:14:147 only provides for a hearing in regard to four things, suspension, termination, fine, and demotion. In addition, counseling and training are not discipline on the Attorney General guidelines on internal affairs. Carrying a cell phone is a privilege and is not a term or condition of employment.
• Chief Mason denied the grievance since Officer Bailey was not singled out for punitive treatment, she was not given a written reprimand, and there is no permanent record in her personnel file. Revoking her privilege to carry a cell phone is not discipline under 48:14:147, nor is it discipline under the Attorney General guidelines related to internal affairs. The privilege to carry a cell phone is neither a term nor a condition of employment based upon the collective bargaining agreement between the FOP and Randolph Township. Therefore, it is not grievable under the terms of the collective bargaining agreement.

Township Attorney Buzak requested Council rule for a short closed session in order to provide the Council with strictly legal advice as to the contents of the collective negotiation agreement and the Council’s role in reviewing this grievance at the Third Step. As the Chief mentioned, this was the disposition of the First Step which is made to the Department Head, which is the Chief. The Second Step is to the Township Manager, he’s recused himself which then brings it to the Third Step which is before the Governing Body. The substance of what was represented by the Chief would not be discussed, Mr. Buzak was only presenting the legal aspects of it and then Council would return to open session. Mr. Buzak asked the Chief to stay until the Council returned to open session so he could answer any questions the Council had.

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the remaining portion of this meeting.

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

A. Personnel

3. As nearly as 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 that are prescribed by law.

4. At the conclusion of the Executive Session, the Council may reconvene in public session for the purpose of taking formal action.

Councilman Napoliello made a motion to go into Executive Session at 8:10 p.m. Councilwoman seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

RETURN TO OPEN SESSION

Councilwoman Veech made a motion to return to Open Session at 8:40 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

There were no questions for Chief Mason from the Council. Mr. Buzak clarified two questions:

1. Mr. Buzak : Is there anything in the employment agreement, the collective bargaining agreement that covers cell phone usage?
Chief Mason: No there’s not.

2. Mr. Buzak: Is there any record of discipline going into Officer Bailey’s personnel file?
Chief Mason: No there’s not.

Ms. Gina Mendola Longarzo reported that she was there on behalf of Officer Bailey to answer any questions and to point out some additional information if allowed to address the Council.

Mr. Buzak addressed the Mayor and Council stating that this is a determination on a grievance, it is not a hearing. The information presented by the Chief and the information presented by Ms. Longarzo through the package that each Council member had in front of them, was both heard and reviewed. Mr. Buzak stated that typically this is not done, and he would not recommend it, but the Council could elect to do so if desired.

Councilwoman Mitsch made a motion to sustain the Police Chief’s decision that this is not a grievable offense. Councilman Napoliello seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

BREAK

RECONVENE

(B) Change Orders—Community Center/Library

Manager Lovell reported that he provided to the council details of the change of orders, attachments associated with the change orders as well as a memorandum that was prepared on his behalf by Frank Howard. When this project came along, Manager Lovell put Construction Official Frank Howard in charge of it, to deal with the contractor. Inspections are now being done out of the Roxbury office so there is no conflict of interest, but someone was needed to oversee the job and he gave Mr. Howard that responsibility. Manager Lovell told Mr. Howard that he has the power to approve change orders on the job. There have been a series of change orders on this job, for example:

• At the library there were flooding issues with Hurricane Irene last year. While the site was torn up a decision was made to put some drainage around that building so it doesn’t happen again.
• When the decking behind the Community Center was removed, the support boards underneath were rotted and needed replacing.

Manager Lovell stated that there would be at least two more change orders for the project that he is aware of, the wood paneling in the gathering room at the Community Center and renovations to the foyer in the Library. The Council will authorize these as a contract change, but the Library Board will pay for that change order.

Councilman Loveys had the following concerns:

• Although he realizes that things come up in remodel jobs, he was disappointed with the original architect and how he missed things that should’ve been obvious.
• He questioned where the 15% overhead and profit numbers came from in the first change order, when it looks more like 50%. The numbers don’t make sense; some of his overhead and profit numbers were at 10% and some at 15%.
• Councilman Loveys would like clarification.

Manager Lovell stated that before the change orders get signed, he and the Council will go through a process of reviewing each and every one.

Mayor Guadagno asked if there was anything else needed from the Council for the change orders.

Manager Lovell said that he would check the numbers on that change orders to make sure they fall in the correct range. He asked for approval subject to him making the corrections since the project needs to get moving.

(C) Planning Board Report—Ingerman

Manager Lovell reported that the Ingerman made their presentation to the Planning Board. After the Planning Board rejected their proposal, he was contacted and was asked if they could make a formal presentation to the Council. Manager Lovell told them it would be on the agenda. The property owner, which is not Ingerman, contracted with John Inglesino as their attorney. He was contacted by Mr. Inglesino to discuss the project. Since they did not attend tonight, it will be placed on the next agenda to give them the opportunity to be here to discuss the Planning Board recommendations.

(D) Updates to the Personnel Policies and Procedures Manual and Employee Handbook

Manager Lovell reported that there are still adjustments being made to the personnel manual. Revised copies will be ready for the Council early next week. Changes to be noted are:

• Mandatory language that the JIF wants included.
• The health benefits system has changed. The contracts and manual need to include the changes and be uniform.
• Include rules regarding part time personnel that are currently by memorandum.

(E) Cost Sharing with Victory Gardens for 2013 Crosswalk at South Salem Street and Franklin Road

Manager Lovell reported that he and Tom Spring thought the crosswalk at the South Salem Street and Franklin Road was unsafe. The County was contacted and they inspected it as well. They said it was going to be a $180,000.00 improvement; they will cover a little more than half and the townships would have to pick up the balance. This would be shared between Randolph and Victory Gardens. Manager Lovell proposed that next year’s community development block grant application be used.

Councilman Loveys asked if that is a County intersection and questioned why the Townships were expected to pay. He also questioned the liability and wondered why the Township was concerned but the County was not.

Manager Lovell stated that every County is different and that he did check with Morris County. He also stated that there is no mandate to go forward with this project. He felt that the County is concerned with it since they inspected it and is willing to give their share toward the project.

Mayor Guadagno asked how many HUD units were being constructed in that area. Manager Lovell replied that there will be 26 units at the Habitat for Humanity site.

Deputy Mayor MacArthur suggested that the information regarding the 26 units be included in the application for the block grant and hopefully tax money will not need to be spent.

Manager Lovell stated that he would be in contact with the counterparts in Victory Gardens and possibly move forward next year.

COMBINED ACTION ITEMS

Deputy Mayor MacArthur stated that there should be a caveat on the approval for the change orders subject to Manager Lovell’s adjustment based upon the prior discussion.

Councilman Loveys made a motion to accept the Combined Action items. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

A. Refund the interest earned on the escrow funds for Randolph Business Campus to RIC Associates

R-123-12

WHEREAS, the Planning and Zoning Department received escrow funds from RIC Associates, Randolph Business Campus, 1140 Globe Avenue, Mountainside, NJ, 07092, Block 44, Lot 51.02, and in the amount of $16,080.074; and

WHEREAS, the project has been withdrawn 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 account that has a zero balance and refund accrued interest to RIC Associates, Randolph Business Campus, 1140 Globe Avenue, Mountainside, NJ, 07092.

B. Release escrow funds for Police Detail to Esposito Construction—$71.00

R-124-12

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

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:

Esposito Construction $71.00

C. Authorizing the increase of $8,000 to a contract awarded to All Underground Utility Inspection Services for the Sussex Turnpike Sewer Extension project—bringing the new total to a not to be exceeded fee of $43,500

R-125-12

WHEREAS, the Township of Randolph previously solicited quotations from 3 firms to perform inspection services for the Sussex Turnpike Sewer Extension Project; and,

WHEREAS, All Underground Utility Inspection Services proposed to do the work for $50.00 per hour; and,

WHEREAS, an initial Purchase Order was issued to All Underground Utility Inspection Services, the lowest responsive contractor, for $24,000 in August 2011 with an additional $11,500 added in December 2011; and,

WHEREAS, Ralph Carchia, Engineering Administrator, has indicated that unforeseen rock excavation required more inspection time and slowed the pipe installation; and,

WHEREAS, Ralph Carchia, Engineering Administrator, has indicated an additional $8,000 is required for approximately one more month to complete this project for a total of $43,500.00; and,

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined that the value of the acquisition has already exceeded $17,500; and,

WHEREAS, All Underground Utility Inspection Services has completed and submitted a Business Entity Disclosure Certification and Political Contribution Disclosure Form which certify that All Underground Utility Inspection Services 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 All Underground Utility Inspection Services from making any reportable contributions through the term of the contract; and,

WHEREAS, this contract will expire by mid-May 2012; and,

WHEREAS, All Underground Utility Inspection Services will be paid a fee not to exceed $43,500 for the entire cost of this project with approximately $35,500 already being paid out; 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 increase the contract amount by $8,000 to $43,500 with All Underground Utility Inspection Services as described herein; and,

D. Authorizing Change Orders #1 through #9 (totaling $109,591) with ML Inc.—Community Center Library—new total contract $2,323,591

R-126-12

WHEREAS, the original contract with ML Inc. is $2,214,000.00; and

WHEREAS, it is recommended that the attached Change Orders #1 - #9 totaling $109,591.00 be approved as summarized:

WHEREAS, the revised contract with ML Inc., including all change orders, is $2,322,148.36.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Orders #1 - #9 be approved and the contract be amended.

E. Authorizing a Rescission of certain items on 2012 Printing Services Bid originally awarded to ABH Graphics and re-awarding to Graphic, Inc, Premier Printing Solutions and United Forms Finishing Co.

R-127-12

WHEREAS, the Township of Randolph awarded a contract for Printing Services for a contract period of one (1) year, February 1, 2012 - January 31, 2013 to various vendors on February 16, 2012 via R-75-12; and,

WHEREAS, ABH Graphics LLC of Bloomfield, NJ was awarded Items 1, 2, 9, 10, 17c, 17e, 17g; and,

WHEREAS, ABH Graphics LLC never fulfilled the requirements of the contract award; and,

WHEREAS, ABH Graphics LLC was very recently purchased by Minuteman Press of Bloomfield, NJ; and,

WHEREAS, Minuteman Press of Bloomfield, NJ has indicated they cannot fulfill the terms of the contract awarded to ABH Graphics LLC; and,

WHEREAS, Graphic Image, Inc., Milford, CT, was the next lowest bidder for Items 1, 17e, 17g; Premier Printing Solutions, LLC, Sayreville, NJ, was the next lowest bidder for Item 9; United Forms Finishing Co., Inc., Hillside, NJ, was the next lowest bidder for Items 2, 10, 17c;

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract to ABH Graphics LLC be rescinded and the contract awards to Graphic Image, Inc., Premier Printing Solutions, LLC and United Forms Finishing Co, Inc. be amended to include the Items originally awarded to ABH as stated above.

F. Release Road Opening Cash Bond for 2 Iris Lane to Brenda Cullen—$500.00

R-128-12

WHEREAS, the Engineering Department has received a request from Brenda Cullen for the release of a $500.00 cash road opening bond posted for the purpose of repaving of an existing driveway, replacing sidewalk and curb at 2 Iris Lane., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on March 22, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of an existing driveway, replacing sidewalk and curb at 2 Iris 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 Brenda Cullen, 2 Iris Lane, Randolph, NJ, 07869.

G. Supporting proposed legislation to require fire districts, school districts, and county governments to pay their share of tax appeal refunds and settlements

R-129-12

WHEREAS, municipalities are presently required to full fund refunds resulting from real property tax appeals despite the fact that fire districts, school districts, and county government all are funded through the tax revenue which is the subject of the appeals; and

WHEREAS, the current real estate market has resulted in an unprecedented number of tax appeals which have created a substantial burden on municipalities who are required to fund the entire cost of defending the appeals and payment of resulting judgments requiring tax refunds; and

WHEREAS, Senator Anthony Bucco has introduced legislation, S-2904, which would require municipal tax collectors to deduct the applicable pro rata share of property tax refunds from the amounts to be paid in a subsequent tax year to the county, school district or fire district; and

WHEREAS, the Mayor and Council of Randolph Township support the efforts of Senator Bucco and those in the Assembly who have introduced the Assembly version of this legislation, A-1503.

NOW, THEREFORE, BE IT RESOLVED, by the Township of Randolph, in the County of Morris, and State of New Jersey that the Mayor and Council supports the proposed legislation to require fire districts, school districts, and county governments to pay their fair share of tax appeal refunds and settlements (S-2904 and A-1503) and urges the Legislature to move forward with this important legislation; and be it

FURTHER RESOLVED, that a copy of this Resolution also be provided to our state legislative representatives, neighboring communities, and the New Jersey State League of Municipalities.

H. Raffles

Petition to Extend Licensed Premises Permit, J.T. McQ’s Sports Bar, 540 Route 10 West, Randolph, NJ, on June 2, 2012 from 10:00 a.m. to 10:00 p.m.; The charity is St. Baldrick’s Foundation.

Raffle License, Off-premise 50/50, Employment Horizons, Inc., on October 18, 2012, at the Meadow Wood Manor, 461 Route 10, Randolph, NJ from 6:30 p.m. to 9:30 p.m.

Raffle License, On-premise Merchandise (Tricky Tray), Employment Horizons, Inc., on October 18, 2012, at the Meadow Wood Manor, 461 Route 10, Randolph, NJ from 5:00 p.m. to 9:00 p.m.

Social Affairs Permit, Morris County Bar Foundation, on April 26, 2012 from 6:00 p.m. to 9:00 p.m. at the County College of Morris, 214 Center Grove Rd., Randolph, NJ

Raffle License, Casino Night, Randolph Engine Company #5, Shongum, 118 West Hanover Ave, Randolph, NJ, on October 6, 2012 from 7:30 p.m. to 10:30 p.m.

Councilwoman Veech reported that the neighbors by J.T. McQ’s have reported that the outdoor activities go into the night. Since the extended license was just approved, she wanted to ensure that the activities for the charity event conclude by 10 p.m.

Manager Lovell said he would contact the owner with the raffle and express the concern.

OPEN TO PUBLIC

Chris Sterowich, 18 Heritage Court, stated that she was disappointed to read in the papers what was going on with the solar panel project between the Board of Education and the Township and the image it projects to the community. She wanted to hear the Council’s perspective since she has already heard the Board of Education’s perspective. She is well informed on the project, but was surprised to hear that someone hadn’t heard of about it.

Manager Lovell responded to Ms. Sterowich that the Board of Education did not hide the fact that they’re doing a solar initiative. The Manager and Council were aware of that, but were always under the impression it was a roof top initiative. They were surprised to learn from the County College that the initiative now included parking lot canopies. Manager Lovell and a number of Council members went out and visited sites that had existing canopies. A good example is the Mennen Arena; it’s in the back and doesn’t show from the street. It’s in a commercial, industrial area and not in a rural, residential area. That initiated a discussion with the County Improvement Authority which is the agency that’s coordinating all of this. It was then learned that the Board of Education was also doing canopies. The Township is in charge of land use and has the obligation to uphold the master plan of the community. After visiting other sites, discussions took place between the Manager, the Council, representatives at the Morris County Improvement Authority, the Freeholders, the County College President, and the Board of Education representatives. Some constructive discussions have come about and the Board of Education and the Township are trying to work through it.

Deputy Mayor MacArthur clarified that there was a lengthy public discussion at the previous Council meeting. There were some settlement discussions between the Township lawyer and the Board of Education’s lawyer. The Council was going to go into Closed Session to discuss the settlement discussions.

Mayor Guadagno indicated that there were not going to be any decisions when the Council returns to Open Session after the Closed Session.

Manager Lovell stated that they would first notify the Board of Education and the County Improvement Authority with their proposition.

Judith Stewart, 114 Everdale Road felt that most of the public did not have a good understanding of the solar project or what it would look like. She understands the Township requesting more information.

Mayor Guadagno questioned if the Board of Education had checked the health and safety of the solar canopies. He had asked for a report, but they wouldn’t give it to him.

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

COUNCIL COMMENTS

Councilman Napoliello reported that the Municipal Alliance Committee had their underage drinking program the night before and it was very good. There were about 35-40 people in attendance. He also reported that Manager Lovell had asked him a few months prior to seek donations for the VFW. The Township fixed up the building very nicely, but could not afford to furnish it. Councilman Napoliello received donations from the Kiwanis and Rotary Club. While at a Randolph Republican Club meeting, Mr. Jonathon Gold, offered to purchase a flat screen TV for the VFW. It was purchased and delivered to the VFW. Councilman Napoliello wanted to acknowledge that a lot of people in Randolph came forward to donate.

Manager Lovell reported that the VFW members are thrilled with the renovations and the investment from the Council; they have taken great pride in the building.

Councilman Loveys reported that there will be two trees dedicated at Freedom Park on May 8, 2012. In addition, he and Councilman MacArthur met with six Shongum residents regarding the deer control subcommittee; one is currently serving on the subcommittee and one is a former member. They are frustrated with the deer control subcommittee and feel that it is ineffective. They feel there is too much bureaucracy and suggested the committee fall under a Department other than Parks and Recreation. A couple at the meeting also felt the County wasn’t doing enough to control the population. Greg Mohr is on the deer control subcommittee and said that what they found during the recent nighttime count was that most of the deer population wasn’t in the parks and the woods, but they were bedding down in residential neighborhoods. Councilman Loveys felt the group wanted to be assured that the Council considers it an issue.

Deputy Mayor MacArthur thought the group of citizens felt that the deer population is still increasing and a different approach needs to be taken; a hunt on public land is not getting the job done. The Deputy Mayor felt that, instead of waiting for information from the deer committee, that the liaison to the deer committee should ask them to explore the feasibility of creating a volunteer deer squad. Ask the deer committee to develop the idea and come back to the Council with a recommendation. The topic will be added t o the next meeting’s discussion items.

Councilwoman Veech stated that she attended the County College of Morris (CCM) Board of Trustees meeting and was introduced by Dr. Yaw. She and Councilman Napoliello attended the Morris County League of Municipality meeting. Two items of importance were a discussion on energy savings and on emergency shelters. The Councilwoman heard about a hybrid plan and questioned if this is already done in the Township or if it’s something to look into.

Manager Lovell reported that he has already been in touch with the corporation, Siemans, and also that there had been a complete energy audit approximately six years ago.

Councilwoman Veech spoke to people from Lincoln Park regarding their emergency shelters and wondering if the Township was going to get their own supplies or rely on the Red Cross. A clarification was made that the Township is setting up warming centers, not shelters. Manager Lovell stated that he spoke with Bill Wagner and they discussed the possibility of having some supplies kept in storage. Councilwoman Veech also reported that the following meetings will take place on Thursday, April 26, 2012:

• 10:00 a.m. - 12:30 p.m. meeting at CCM to discuss Route 10 and Center Grove Rd.
• 3:00 p.m. tour of CCM.
• 5:00 p.m. brainstorming meeting to talk about creating a 21 club/open mike night in the community.
• 7:00 p.m. Council meeting.

Mayor Guadagno requested that, due to the increasing number of requests for attendance at Boy Scout and Girl Scout awards ceremonies, the Scouts attend the first Council meeting of each month to be presented with their recognition awards. The Mayor also asked about the status of the Freedom Festival. Manager Lovell replied that it looks like the parade and fireworks will take place on June 30th. Mayor Guadagno also reported that there are two openings on the Park Committee, one student and one adult. There is also a student opening on the Landmarks Committee.

EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the remaining portion of the meeting.

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

A. Proposed Settlement Agreement with Morris County Improvement Authority—Solar Installations/Planning Board jurisdiction—CCM Map, Board of Education Map, and Revised Board of Education Map

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 MacArthur made a motion to go into Executive Session at 9:55 p.m. Councilwoman Mitsch seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

ADJOURNMENT

Councilman MacArthur made a motion to adjourn the meeting at 10:50 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

______________________________
Donna Marie Luciani
Township Clerk