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

Minutes: April 28, 2011

A regular meeting of the Randolph Township Council was called to order at 7:00 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 April 21, 2011.

PRESENT:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Deputy Mayor Guadagno
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

RECOGNITION OF RANDOLPH HIGH SCHOOL 2011 VARSITY ICE HOCKEY CHAMPIONSHIP TEAM

Mayor Mitsch recognized the Randolph High School Varsity Hockey Team and congratulated them for their achievements during the past season. She thanked them for being outstanding representatives for Randolph.

The team was presented with a plaque and each team member received a proclamation to commemorate their championship.

OPEN TO PUBLIC

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

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. Westminster v. MUA

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 Algeier made a motion to move into Executive Session at 7:25 p.m. Councilman MacArthur seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Algeier made a motion to return to Open Session at 7:50 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

PROCLAMATION—Buddy Poppy Sale

Mayor Mitsch read the following resolution into the record:

WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and

WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of the worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans and the widows and orphans of deceased veterans; and

WHEREAS, the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars, the Auxiliary and the American Legion Auxiliary Unit 391 of Mine Hill is eloquently reflected in the desire to “Honor the Dead by Helping the Living”.

NOW, THEREFORE, I, Trina Ruane Mitsch, Mayor of the Township of Randolph, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies from May 1 through May 31, 2011, which are symbols of appreciation for the sacrifices of our honored dead.

FURTHER, I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

COUNCIL AND MANAGER REPORTS

Councilman MacArthur reported that he attended a recent Recreation Committee meeting where the following items were discussed:

Joe Nazzaro and Anne Standridge were very appreciative of being included in the search process for John Van Brunt’s replacement
Russ Newman, the new Director of Parks, Recreation and Community Services, appears to be enjoying his new appointment and was taking charge of the meeting
The Facilities Sub-Committee has recognized the cost for non-residents who use the various fields in town for tournaments or special events and therefore are refining guidelines to ensure those usages are better controlled
There appears to be a conflict with holding the day camp at Fernbrook School this summer due to an asbestos removal project being done at the school during that time—staff will be working to resolve this issue
Recreation program registrations and revenue are strong and above last year’s levels

Councilman Napoliello attended a recent Morris County League of Municipalities meeting where he accepted a plaque for Randolph Township in recognition of many years as a member of the League.

Councilman Algeier reported that he attended the recent annual MCCPC meeting. Attendance at this year’s meeting was lighter than in previous years and the Councilman sees this as a sign that members are satisfied with the MCCPC despite the on-going Tilcon litigation. Several members made suggestions for possible contracts and some posed questions during the meeting. The Councilman made the following comments regarding the Tilcon lawsuit:

The judge dismissed five of the seven counts of Tilcon’s complaint about a year ago and Tilcon’s appeals have been unsuccessful
Motions were brought to dismiss the remaining two counts
The judge appears to be inclined to grant that motion for most, but not all, of the defendants
Based on the judge’s criteria for dismissal, Randolph and the MCCPC appear to be in a very favorable position
The judge appears to be looking for evidence that a local municipality knew about the increase and took affirmative steps to try to unfairly benefit from that increase
In view of how municipal budgets are prepared, it would be unlikely that a town would move projects around to try to take advantage of the Tilcon price increase situation

Councilman Obremski reported that additional resources are being brought to the Gristmill and Schoolhouse Road area to assist with the clean-up and restoration of power as a result of damage from the straight line winds that swept through the area earlier in the day.

Councilman Loveys attended a recent Parks Committee meeting and his comments included the following:

All of the fields in town are open and ready for use
The turf field is in high demand and is being used by recreation lacrosse teams, the high school lacrosse team, the County College of Morris lacrosse team, and club soccer teams
In May lighting at the park will be relamped, the bad ballasts replaced, and the aim and level of the lights will be checked—this is a no-charge service that the town registered for in 2001 and will save the town perhaps thousands of dollars
The deer hunt in Brundage Park is well over—the number was similar to last year’s take, around 50 deer, however some hunters have not yet reported
Hunters report that snow was a contributing factor for the low number of deer taken during the hunt
In the Brundage Playhouse, the floor is going to be professionally finished and waxed by an outside contractor
A large sink hole was discovered next to the picnic pavilion, most likely resulting from an old bungalow colony that existed there, which has been filled and seeded
The rest room facilities at Heistein Park are open but are being carefully monitored due to the septic condition there
Clean-up at Heistein Lake has been completed and there will be on-going maintenance there
A new ball field has been developed behind Stony Brook Camp—the owner of Stony Brook and the Booster Club contributed toward the cost and the field was built by Parks personnel
A new cable line has been installed at Randolph Park so they have internet access to assist in the staff’s ability to access membership files
Randolph Park will be implementing a new badge system this year
Beach membership can now be completed online

Councilman Loveys reported that the April Environmental Commission meeting was cancelled and the next meeting will take place in June. Councilman Loveys and Councilman Napoliello attended a recent program at Ironia School. A former pilot from the National Oceanic Atmospheric Administration gave a successful presentation to the students about his days flying into hurricanes.

Deputy Mayor Guadagno attended a recent Community Services Committee meeting and suggested that Russ Newman attend the next meeting to introduce himself to the members. The Deputy Mayor also attended a recent MAC meeting. The MAC realizes there will be changes to the committee in the near future. Deputy Mayor Guadagno noted that the committee contains several strong members and would like to see those members re-appointed to the committee by the Council. During the MAC meeting the current members were voting on issues despite the fact that they don’t have any authority at this time. Deputy Mayor Guadagno attended an event at the Meadow Woods sponsored by the County that brought together several organizations and non-profits which provide assistance to people in need. The Deputy Mayor suggested that both the Community Services Committee and the MAC be tied into this county initiative.

Mayor Mitsch reported that the first Fifth Friday Club hosted by the Economic Development Committee will take place on April 29 from 4:00 p.m. to 6:00 p.m. at La Strada Restaurant. The goal of this initiative is to bring local businesses together to meet the Council, staff, and members of the EDC in the hopes that the town will become more involved with and interface more with the businesses in town. The Mayor attended a presentation by the Senior Softball League to John Van Brunt thanking him for his years of support. Mayor Mitsch reported that, after some coaching, she will make her rookie debut by delivering the opening pitch at the Little League Opening Day Ceremony at 10:00 a.m. on April 30 at Heistein Park.

Manager Lovell expressed his appreciation to Mayor Mitsch and Councilman Loveys for their assistance in discussions with Morris Township regarding the sewer line. Counterparts in Morris Township have indicated that they would report favorably to their Town Committee with a recommendation to cooperate with Randolph and the alternative that has been put forth for the Sussex Turnpike line to the Butterworth Interceptor. Engineers from the Kushner Corporation will be doing further research on the feasibility of the project, particularly from the lower end. Manager Lovell reported that there were some power outages in Randolph as a result of the storm.

HEARING—Liquor License Transfers (Person-to-Person)

(1) Mt. Freedom BK to James Grecco

(2) Heritage Golf to James Grecco

Manager Lovell introduced Howard Spear, the attorney representing Mr. Grecco.

Mr. Spear noted that both licenses are at this time inactive. One license is a distribution license and the other is a consumption license. It is anticipated that they will eventually be utilized by restaurants in the new shopping center.

Councilman Algeier made a motion to approve both liquor license transfers to Mr. Grecco. Councilman MacArthur seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Authorizing a Person-to-Person Transfer of the Plenary Retail Liquor License From Mt. Freedom BK, Inc. to James B. Grecco

R-108-11

WHEREAS, James B. Grecco (“Applicant” or “Transferee”) has submitted an application together with supporting documentation and affidavits for a person-to-person transfer (“Application”) of a Plenary Retail Consumption Liquor License No. 143-44-023-001 (“Liquor License” or “License”) from Mt. Freedom BK, Inc. (“Transferor”) to the Applicant in accordance with the rules and regulations of the Township of Randolph (“Township”) and the New Jersey Division of Alcoholic Beverage Control (“ABC”); and

WHEREAS, Notice of the Application was published in the official newspaper of the Township on April 14, 2011, and April 21, 2011, in accordance with the statutory provisions; and

WHEREAS, a police background check has been completed on the Applicant, including a fingerprint check; and

WHEREAS, the Transferor has submitted a Consent to Transfer Liquor License; and

WHEREAS, the New Jersey Department of Treasury, Division of Taxation, has approved and issued an Alcoholic Beverage Licensee Clearance Certificate; and

WHEREAS, there has been no formal objection received by the Township in connection with the Applicant; and

WHEREAS, the Township sought and obtained additional information in connection with the Application; and

WHEREAS, the contract of sale for the License, which was attached to the Application, states that Mt. Freedom BK, LLC, is the Seller and Grecco Realty, LLC, is the Buyer of the License; and

WHEREAS, the Applicant has submitted to the Township a copy of an Assignment of Contract and Assumption Agreement (“Assignment”) under which the contract to purchase the License has been assigned by Grecco Realty, LLC, to James B. Grecco; and

WHEREAS, the Township Attorney has reviewed the Assignment and has determined that the Assignment is satisfactory; and

WHEREAS, the Applicant has disclosed information as to the source of funds for acquiring the License from the current Licensee satisfactory to the Township; and

WHEREAS, the Applicant has submitted a notarized Affidavit of Transferee; and

WHEREAS, the Applicant has submitted a notarized Affidavit of Transferor; and

WHEREAS, the Applicant submitted an affidavit stating that the premises to be licensed are more than 600 feet from any school or church; and

WHEREAS, the New Jersey Department of the Treasury, Division of Taxation, has approved and issued an Alcoholic Beverage Licensee Clearance Certificate (Transfer); and

WHEREAS, the Township has not received any objection to the transfer of Liquor License No. 1432-44-023-001 to the Applicant; and

WHEREAS, all applicable requirements to transfer a plenary retail liquor license per N.J.S.A. 33:1, et seq., N.J.A.C. 13:2-4.1, et seq., and the Township of Randolph Revised Ordinances §4-1, et seq., have been met, including the payment of all required fees.

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

1. The application of James B. Grecco for a person-to-person transfer of the Plenary Retail Consumption Liquor License No. 1432-44-023-001 from Mt. Freedom BK, Inc., to be continued as a “pocket license” be and the same is hereby approved.

2. The Mayor and Township Clerk, together with all other appropriate elected and appointed officials and professionals, are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

3. This Resolution shall take effect immediately.

Authorizing a Person-to-Person Transfer of the Plenary Retail Liquor License From Heritage Golf Club, LLC, to James B. Grecco

R-109-11

WHEREAS, James B. Grecco (“Applicant” or “Transferee”) has submitted an application together with supporting documentation and affidavits for a person-to-person transfer (“Application”) of a Plenary Retail Consumption Liquor License No. 1432-33-007-010 (“Liquor License” or “License”) from Heritage Golf Club, LLC (“Transferor”) to the Applicant in accordance with the rules and regulations of the Township of Randolph (“Township”) and the New Jersey Division of Alcoholic Beverage Control (“ABC”); and

WHEREAS, Notice of the Application was published in the official newspaper of the Township on April 14, 2011, and April 21, 2011, in accordance with the statutory provisions; and

WHEREAS, a police background check has been completed on the Applicant, including a fingerprint check; and

WHEREAS, the Transferor has submitted a Consent to Transfer Liquor License; and

WHEREAS, the New Jersey Department of Treasury, Division of Taxation, has approved and issued an Alcoholic Beverage Licensee Clearance Certificate; and

WHEREAS, there has been no formal objection received by the Township in connection with the Application; and

WHEREAS, the Township sought and obtained additional information in connection with the Application; and

WHEREAS, the contract of sale for the License, which was attached to the Application, states that Heritage Golf Club, LLC is the Seller and Grecco Realty, LLC is the Buyer of the License; and

WHEREAS, the Township Attorney has reviewed the Assignment and has determined that the Assignment is satisfactory; and

WHEREAS, the Applicant has disclosed information as to the source of funds for acquiring the License from the current Licensee satisfactory to the Township; and

WHEREAS, the Applicant has submitted a notarized Affidavit of Transferee; and

WHEREAS, the Applicant has submitted a notarized Affidavit of Transferor; and

WHEREAS, the Applicant submitted an affidavit stating that the premises to be licensed are more than 600 feet from any school or church; and

WHEREAS, the New Jersey Department of Treasury, Division of Taxation, has approved and issued an Alcoholic Beverage Licensee Clearance Certificate (Transfer); and

WHEREAS, the Township has not received any objection to the transfer of Liquor License No. 1432-33-007-010 to the Applicant; and

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

1. The application of James B. Grecco for a person-to-person transfer of the Plenary Retail Consumption Liquor License No. 1432-33-007-010 from Heritage Golf Club, LLC, to be continued as a “pocket license” be and the same is hereby approved.

3. This Resolution shall take effect immediately.

DISCUSSION ITEMS

(1) Highlands Conformance Process

Manager Lovell’s comments included the following:

Early in 2011 he was under the impression that Randolph needed to make a decision one way or another with regards to Highlands
At that time, it was his sense that Randolph should move away from the Highlands and take advantage of the Morris County Planning Department’s on-going wastewater management plan for Morris County
Municipalities that are undergoing conformance studies of their planning areas will not be included in the Morris County wastewater management plan
The Morris County wastewater management plan deadline is uncertain at this point due to issues with the DEP
Mr. Buzak felt it was important to coordinate with the Highlands and listen to their side regarding conformance
There are three conflicting forces that cause great concern for planning issues in Randolph
The first issue relates to COAH and the growth share issue that is before the New Jersey Supreme Court and the impact the court’s eventual decision will have on Randolph
He believes that upon completion of the County wastewater management plan, if not included in the plan Randolph will be left out when it comes to splitting up any capacity that might exist at the RVRSA sewer treatment plant
Another concern is that the DEP will not issue any permitting in Randolph that resolves around sewer issues if the town is not included in any plan
The issues with the Highlands have been on-going for several years
Discussions took place on the advantages and disadvantages of continuing with the Highlands
It is apparent that the Highlands has significantly changed its perspective on working with the towns—the Highlands appears to be giving more weight to the information provided by and opinions expressed by the municipalities
The Highlands will undertake a municipality’s wastewater management plan immediately and insert themselves with the process at the DEP
The Highlands indicated they could put Randolph ahead of the pack in Morris County and other towns that are going through the conformance process
He believes the Highlands’ change of heart comes about due to concerns about their survival with the new administration in Trenton
The Highlands is also now demonstrating flexibility to towns being able to pull out of the conformance process
There is a multi-step process to be followed: a letter advising the Highlands that Randolph will pursue plan conformance with the planning area; Highlands would then initiate Randolph’s wastewater plan and submit it to the DEP followed by other planning elements and modules with grants to assist in that process; Randolph would then seek conditional approval from the Highlands Council of the petition to conform documents; Randolph would have to adopt a formal policy ordinance and amend the Master Plan; Randolph’s land use ordinances would need to be updated in order to implement a modified Master Plan
From the Manager’s perspective, there is no right or wrong answer to either option, however time is now an issue
The Manager and Township Attorney share a concern about the COAH issue and believe it poses a risk to Randolph at this time
The issue of the growth share decision is completely separate from the issues that COAH is facing and there is no guarantee of how the court will decide on growth share
Another issue that weighs on his mind is that Morris County will eventually complete and file a wastewater management plan that does not contain Randolph, which will leave us blank in the eyes of the DEP when it comes to any sort of sewer treatment issues
Morris Township has the only wastewater management plan that has already been approved in New Jersey and portions of Mt. Freedom and Sussex Turnpike are included in that plan and are protected
The County’s position is that Randolph must formally advise the Highlands that we no longer plan to conform in order for the County to study Randolph’s sewer needs
When Randolph’s housing element was filed several months ago, Highlands numbers were used instead of COAH numbers
Whether Council decides to go with either the Highlands option or the Morris County wastewater management plan option, there will be benefits and costs for both that must be weighed
The Highlands has indicated that municipalities will be allowed to pull out of the process at any time

Manager Lovell stated that he will schedule time on the next agenda for Mr. Buzak to brief the Council on these issues.

(2) Sussex Turnpike Sewer Project

Manager Lovell’s comments included the following:

This project is a sewer line that will run down much of Sussex Turnpike and a piece that would run down a side street in Mt. Freedom
This project was designed, permitted, and the project went out to bid
When the bids came back, they substantially exceeded the budget for the project that had been provided by at least three engineers who had felt comfortable with the numbers
The reason for the higher cost are a result of the working conditions for a daytime job on Sussex Turnpike, which would necessitate work beginning after rush hour in the morning and ending prior to rush hour in the afternoon, a very short window of perhaps four hours of work while paying a crew for eight hours a day
The Manager suggested the Council reject the bids that were received
The Manager approached the County about the possibility of a night time project to bring costs down and the County indicated they would prefer that scenario
Night time work would begin around 7:30 p.m. and end around 5:30 a.m., a window of work of possibly ten hours
The Manager suggested the budget for this project be increased so that the project can move forward once bids are received without having to come back to the Council for any additional funding, however he expects that the extra funding will not ultimately be used and will be returned to surplus
A disadvantage of this project will be that a total of 16 homes will be impacted by the night time construction, however not all houses will be impacted at the same time
An advantage would be less impact to local traffic that would not have to find ways to circumvent the construction
If work is done at night, the project should be completed at a greatly reduced cost and in half the time
If Council gives the Manager authorization to go back out to bid the project as a night time project, staff will immediately begin a process of identifying and establishing a relationship with impacted homeowners in order to keep them informed of the project and will set up a hotline for them to use to report any problems or issues

Questions and comments from the Council included:

Night time construction on this project will help to highlight potential concerns related to night time work, that might occur with the larger planned sewer project on Sussex Turnpike (Butterworth Line)
What type of equipment will be used (it depends on what type of rock is found)
Is a new area opened every night (the crew will trench what they can pipe and then close the trench)
With 250 to 350 feet of work done in an evening, most homes will not be experiencing long term disturbances
Is the sewer line from Church to West Hanover tying into something that is existing or where is it eventually going (it is a dry line that will be installed ahead of the more extensive Sussex Turnpike improvements. This line will go to the pump station on Musiker and eventually tie into the main line that goes to Butterworth)
Do the bids have to be rejected by law (yes, by law the bids must be rejected—there is an appropriate reason since the bids came in over budget and also because a substantial change is being made to the project by going to a night time project)
What does the Manager need from the Council this evening (approval to make the project a time night project and, later in the agenda, a resolution rejecting the bids)

(3) 2011 Morris County Open Space Application

Councilman Obremski recused himself from the discussion due to his participation in the Morris County Open Space Committee.

Manager Lovell reported that, at this time, there do not appear to be any worthwhile projects for which to apply for a county grant.

Councilman MacArthur asked if the grants from the County only support the acquisition of open space versus the development or remediation of existing open space.

Councilman Algeier responded that would be a separate application and, in his recollection, the grants are strictly for open space acquisition.

Mayor Mitsch noted that the deadline for application to the County is June 24 which will give the Council some time to consider any worthwhile projects.

REVIEW AND SET PROPOSED AGENDA FOR MAY 5, 2011 REGULAR MEETING

Council reviewed and approved of the proposed agenda.

COMBINED ACTION RESOLUTIONS

Councilman MacArthur asked that Item B be pulled for further discussion.

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

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

NAYS: None

A. Authorizing Tax Credit for Block 38, Lot 5, Due to Veteran’s Tax Exemption Status

R-110-11

WHEREAS, Block 38 Lot 5, is assessed in the 2011 Tax List for a total of 331,500.00; and

WHEREAS, the property owner was deemed permanently 100% disabled by the Veteran’s Administration as of July 20, 2010. The taxpayer made application on April 7, 2011, resulting in a tax-exempt status for 2011.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 38, Lot 5, for the 2011 tax year.

B. Awarding Contract for Senior Center—Library Building Improvements to Evergreen Construction—$2,214,000.00

Acted on separately.

C. Rejecting Bids Received for the Sussex Turnpike Sewer Extension Project

R-111-11

WHEREAS, bids were received on April 13, 2011, for the Sussex Turnpike Sewer Extension; and

WHEREAS, eleven bids were received but five used the wrong proposal forms and were immediately rejected; and

WHEREAS, the lowest bid of the remaining six was submitted by Ferraro Construction, Franklin, New Jersey, at a cost of $774,900.00; and

WHEREAS, the Township has decided to substantially revise the specifications and reject all bids pursuant to 40A:11-13.2(d).

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that all bids for the Sussex Turnpike Sewer Extension Project be rejected pursuant to 40A:11-13.2(d).

D. Social Affair Permit, St. Andrew Greek Orthodox Church, May 20 (11:00 a.m. to 12:00 a.m.), May 21 (12:00 p.m. to 12:00 a.m.), and May 22 (12:00 p.m. to 8:00 p.m.), 1447 Sussex Turnpike

Councilman MacArthur and Manager Lovell briefly discussed the fact that the low bid was rejected due to the omission of the Ownership Disclosure Statement and a Consent of Surety. The second low bidder submitted a bid for an additional $400,000.00.

Deputy Mayor Guadagno made a motion to approve Item B. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Resolution Awarding Contract for Senior Center—Library Building Improvements to Evergreen Construction—$2,214,000.00

R-112-11

WHEREAS, bids were received on April 12, 2011, for the Senior Center/Library Building Improvements where four bids were submitted; and

WHEREAS, Evergreen Construction, Edison, New Jersey, submitted the low bid of $1,835,068.00 but neglected to include their Ownership Disclosure Statement and Consent of Surety and therefore must be rejected; and

WHEREAS, ML Inc., Passaic, New Jersey, is the second low bidder and meets all specifications at a total contract price of $2,214,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to ML Inc., Passaic, New Jersey, at a total contract price of $2,214,000.00.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, asked that, when the dry lines are installed, can the town have homeowners or developers contribute to the cost.

Manager Lovell responded if there were a developer with an application to build in the area, a developer’s agreement that included a contribution would be appropriate. However, there is no development occurring in the area. When homeowners eventually tie into the system, those connection fees will help to offset the capital cost.

Judith Stewart, 114 Everdale Road, provided a December 2010 article from USA Weekend regarding the harmful effects of smoking and once again asked the Council to consider an ordinance banning smoking on public property, especially when children are present. Mrs. Stewart would like to see such an ordinance introduced in May.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier requested that Potential Litigation and Personnel be added to the Executive Session agenda.

Deputy Mayor Guadagno reported that the County is upset that MAC did not apply for their grant this year.

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. Tax Appeals—Fred Semrau and Barbara Gothie (pulled for a future agenda)
B. Westminster v. MCMUA and Randolph (acted on earlier)
C. Potential Litigation and Personnel

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

Councilman Napoliello made a motion to move into Executive Session at 8:50 p.m. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Algeier made a motion to return to Open Session at 9:25 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 9:25 p.m.

________________________________
Donna Marie Luciani
Township Clerk