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

Minutes: December 6, 2012

1.0 OPENING OF REGULAR MEETING

(1.1) A regular meeting 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 e-mailing 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.

(1.2) PRESENT:
Councilman Loveys
Councilwoman Mitsch
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

ABSENT: Councilman Napoliello

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

(1.3) Mayor Guadagno led the Pledge of Allegiance.

2.0 OPEN TO THE PUBLIC

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

3.0 MANAGER’S REPORT

Manager Lovell reported that the Township is going to receive the Highlands Plan conformance. Director Gene Feyl and Deputy Director Margaret Nordstrom requested that some of the Council members attend the ceremony on January 17th at 5:00 p.m. to receive this acknowledgement. The ceremony will be held at the Highlands office in Chester.

4.0 COMBINED ACTION RESOLUTIONS

The following issues were discussed:

Item 4.12: Clarification was requested regarding the budget transfers. Manager Lovell reported that water and sewer goes to the water and sewer budget, and general budget stays in the general budget. The largest transfer was electrical inspections due to the enormous permits generated from the County College and the Board of Education to deal with their solar projects. The Manager explained that it was not anticipated in the budget and the Township pays a third party agency to do the inspection work. Therefore, it is money in by way of permits and money out to the third party.

Item 4.14: Attorney Buzak explained that the resolution will be adopted, but there will be an amendment by deleting Contract 20A since questions arose that need to be resolved.

Items 4.25 & 4.29: Clarification was requested regarding Mark’s Corner. Manager Lovell explained that the Township is required to endorse the application to DEP for treatment works, which is the sewage connection to the facility to develop the complex. He further explained that because there are wetlands on the property, they are also required to get an endorsement from the EPA from the Council.

Item 4.27: Please clarify what the 7 buildings are. Manager Lovell stated that the 7 buildings are: Municipal Building, Community Center, Library, Public Works facility, VFW, Artworks Studio, and Brundage Park Playhouse.

(4.1) Councilwoman Mitsch made a motion to approve the Combined Action Resolutions with an amendment to R-361-12 deleting Contract 20A from resolution. Councilwoman Veech seconded the motion and the following role call was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

* Yes, with the exception of 4.28

(4.2) Refund Escrow to Paws Inn—$244.00

R-349-12

WHEREAS, the Planning and Zoning Department received escrow funds from Paws Inn, 124 Dover Chester Road, Randolph, NJ, Block 44 Lot 20, and in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $244.00 be refunded to Paws Inn, 124 Dover Chester Road, Randolph, NJ 07869.

_________________________
Darren Carney, Planning & Zoning Administrator
Date:

(4.3) Authorizing Shared Service Agreement with Rockaway Boro for Health Services

R-350-12

WHEREAS, the Borough of Rockaway wishes to obtain Health Services of a technical and professional nature from the Township of Randolph.

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement, dated January 1, 2013.

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

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

(4.4) Refund Tax Overpayment to Beta Development—Qualification C0004—$71,984.83

R-351-12

WHEREAS, Beta Development, LLC has been granted a reduction in assessed valuation for the tax years 2011 & 2012 by the Tax Court of New Jersey on Block 5, Lot 8, Qualification C0004 known as 1578 Sussex Tpke.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $35,614.56 and 2012 in the amount of $36,370.27.

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 $71,984.83 to Beta Development, LLC.

(4.5) Refund Tax Overpayment to Beta Development—Qualification C0003—$84,496.92

R-352-12

WHEREAS, Beta Development LLC has been granted a reduction in assessed valuation for the tax years 2011 & 2012 by the Tax Court of New Jersey on Block 5, Lot 8, Qualification C0003 known as 1578 Sussex Tpke.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $41,804.92 & 2012 in the amount of $42,692.00.

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 $84,496.92 to Beta Development, LLC.

(4.6) Refund Tax Overpayment to Beta Development—Qualification C0002—$42,214.64

R-353-12

WHEREAS, Beta Development, LLC has been granted a reduction in assessed valuation for the tax years 2011 & 2012 by the Tax Court of New Jersey on Block 5, Lot 8, Qualification C0002 as 1578 Sussex Tpke; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $20,885.73 & 2012 in the amount of 21,328.91.

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 $42,214.64 to Beta Development, LLC.

(4.7) Refund Tax Sale Certificate to Pro Capital for Block 81, Lot 61—$14,222.02

R-354-12

WHEREAS, Outside Tax Sale Certificate #1944 held by US Bank for Pro Capital, I, assessed to Jesse/Martha Adams, Block 81, Lot 61, 145 Dover-Chester Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $6,222.02, and premium in the amount of $8,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $14,222.02 to US Bank Cust for Pro Capital I, holder of Tax Sale Certificate #1944.

(4.8) Refund Overpayment for 7 Middlebury Blvd. to Bilange—$35,359.20

R-355-12

WHEREAS, Bilange, LLC has been granted a reduction in assessed valuation for the tax years 2009, 2010, 2011 & 2012 by the Tax Court of New Jersey on Block 18.02, Lot 9, known as 7 Middlebury Blvd.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $8,394.30 2010 in the amount of $8,704.80, 2011 in the amount of $9,034.20 and 2012 in the amount of $9,225.90.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $35,359.20 to Bilange, LLC.

(4.9) Refund Outside Tax Sale for 94A Everdale Rd. to Rainbow Associate—$14,304.53

R-356-12

WHEREAS, Outside Tax Sale Certificate #1959 held by Rainbow Associates, LLC, assessed to Madeline Phillips, Block 119, Lot 14.09, 94A Everdale Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $9,304.53 and premium in the amount of $5,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $14,304.53 to Rainbow Associates, LLC, holder of Tax Sale Certificate #1959.

(4.10) Refund Outside Tax Sale Certificate for Block 145, Lot 59 to FWDSL & Associates—$99,516.18

R-357-12

WHEREAS, Outside Tax Sale Certificate #1954 held by FWDSL & Assoc., LP, assessed to Pat-Hard Management, Block 145, Lot 59, 236 Millbrook Ave.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $47,516.18, and premium in the amount of $52,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $99,516.18 to FWDSL & Assoc., LP holder of Tax Sale Certificate #1954.

(4.11) Refund Outside Tax Sale Certificate for Block 42, Lot 106 to R. Rothman—$47,635.61

R-358-12

WHEREAS, Outside Tax Sale Certificate #1888 held by R. Rothman, assessed to T.M.D. Of Randolph, Block 42, Lot 106, 768 Route 10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $46,135.61, and premium in the amount of $1,500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $47,635.61 to R. Rothman, LLC holder of Tax Sale Certificate #1888.

(4.12) 2012 Budget Transfers

R-359-12

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

Adm. & Exec., Other Expense; Electrical Inspections, Other Expense; Revenue Adm., S & W; Tax Assessor, S & W; Engineering, Other Expense; Planning/Zoning, S & W; Recycling, S & W; Telephone, Other Expense; Court, S & W; Water/Sewer, S & W; Water/Sewer - Telephone

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

Police, S & W; Water/Sewer, Other Expense

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

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

(4.13) Cancellation of Capital Improvement Authorization

R-360-12

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

WHEREAS, it is necessary to formally cancel these balances.

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

(4.14) MCCPC Winter Contract Awards and Rejections

R-361-12

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for the following contracts:

Contract #1 - Motor Gasoline
Contract #2 - Fuel Oil (for Heating)
Contract #5 - Paving Materials
Contract #6 - Road Resurfacing
Contract #7 - Drainage Pipe (Delivered)
Contract #8 - Anti-Freeze
Contract #9 - Crushed Stone, Gravel & Sand
Contract 11 - Motor Oils
Contract #12 - #2 Diesel Fuel
Contract #14 - Catch Basins & Manhole Castings
Contract #16 - Office Supplies
Contract #17 - Water Treatment Chemicals
Contract #19 - Cinder & Concrete Blocks
Contract #20-A - Sporting Goods
Contract #21 - Oil and Stone Treatment
Contract #22 - DPW Uniforms/Work Shoes/Boots
Contract #24 - Bagged Cement & Poured Concrete
Contract #26 - Beam Guide Rail & Safety Ends
Contract #28 - Traffic Sign Material
Contract #31 - Calcium Chloride Bags
Contract #33 - Clay for Athletic Fields
Contract #36 - Traffic Striping on Roadways
Contract #39 - Furnishing Trophies and Plaques
Contract #49 - Disposal/Recycling of Municipal Road Clean-Up Materials (Street Sweepings/Asphalt/Concrete, Soil/Dirt)
Contract #53 - Fencing Materials & Installation; and

WHEREAS, bids have been advertised and were received on November 15, 2012, and November 16, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law for the contracts noted above; and

WHEREAS, the Township on behalf of the MCCPC desires to award the contracts to the bidders for the contracts listed above in the amounts as set forth on the Notice of Award sheets, which are attached as Exhibit A; and

WHEREAS, bids were advertised and were received on November 16, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law for Contract #38 (Preventive Maintenance/Repair of Communications Equipment - Radios); and

WHEREAS, all of the bids received for Contract #38 (Preventive Maintenance/Repair of Communications Equipment - Radios) were non-responsive to the bid specifications and must be rejected.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of the above stated winter contracts to the bidders in the amounts as set forth on the Notification of Award sheets attached as Exhibit A.

BE IT FURTHER RESOLVED that the bids received for Contract #38 are hereby rejected as non-responsive.

(4.15) Refund 2012 Tax Overpayments for Reason of Duplicate Tax Payment or Veteran/Senior Citizen Deduction to Various Residents

R-362-12

WHEREAS, the following listed property owners have overpaid their 2012 taxes by reason of duplicate tax payment, or Veteran/Senior Citizen deduction; and

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

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

(4.16) Release Road Opening Cash Bond for 9 Old Brookside Road to Caesar Catizone—$500.00

R-363-12

WHEREAS, the Engineering Department has received a request from Caesar Catizone for the release of a $500.00 cash road opening bond posted for the purpose of connecting to water line at 9 Old Brookside Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 4, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection of the water line at 9 Old Brookside Rd. 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 Caesar Catizone, 30 Calais Rd., Randolph, NJ 07869.

(4.17) Release Road Opening Cash Bond for 140 Millbrook Ave. to Kleber Cedeno—$500.00

R-364-12

WHEREAS, the Engineering Department has received a request from Kleber Cedeno for the release of a $500.00 cash road opening bond posted for the purpose of connecting drain to catch basin at 140 Millbrook Ave., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 24, 2011and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection of the drain to the catch basin at 140 Millbrook Ave. 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 Kleber Cedeno, 140 Millbrook Ave., Randolph, NJ 07869.

(4.18) Refund Escrow Funds for Block 44, Lot 20 to T-Mobile Northeast—$1,987.50

R-365-12

WHEREAS, the Planning and Zoning Department received escrow funds from T-Mobile Northeast LLC, c/o Gregory Meese, Esq. 50 Tice Blvd, Woodcliff, NJ, Block 44, Lot 20, and in the amount of $6,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $1,987.50 plus interest be refunded to T-Mobile Northeast, LLC, c/o Gregory Meese, Esq., 50 Tice Blvd, Randolph, NJ 07869.

_________________________
Darren Carney, Planning & Zoning Administrator
Date:

(4.19) Authorizing the Payment of League Fees to the Morris County Youth Hockey League—$33,331.25

R-366-12

WHEREAS, the Township of Randolph (“Township”) annually participates in the Morris County Youth Hockey League through Mennen Arena; and

WHEREAS, the fee for participation in the Mite, Squirt, Pee Wee and Bantam Teams, Practice Ice and Midget Short Season for 2012 is $33,331.25; and

WHEREAS, there are funds available for these league 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 Township hereby authorizes the payment of league fees for participation in the Morris County Youth Hockey League for 2012 for the not to exceed price of $33,331.25.

2. This Resolution shall take effect December 6, 2012.

(4.20) Rescinding Item 15 on MCCPC Contract 15-C from Beyer Ford and Re-awarding to Foulke Management

R-367-12

WHEREAS, on November 8, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #15-C (Utility Vehicles), Item 15, to Beyer Ford as the apparent low bidder; and

WHEREAS, it has come to our attention that the vehicle bid by Beyer Ford does not meet the requirements of the bid specifications; and

WHEREAS, Foulke Management bid a vehicle that meets or exceeds the requirements listed in the bid specifications; and

WHEREAS, it is in the best interests of the MCCPC to rescind the award of Contract #15-C (Utility Vehicles), Item 15, from Beyer Ford and re-award Contract #15-C (Utility Vehicles), Item 15, to Foulke Management as the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC that the award of Contract #15-C (Utility Vehicles), Item 15, be rescinded from Beyer Ford and be re-awarded to Foulke Management.

(4.21) Rescind a Portion of MCCPC Contract 15-C Item 5A from Performance Ford

R-368-12

WHEREAS, on November 8, 2012, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) awarded Item 5A of Contract #15-C, Utility Vehicles, to Performance Ford as the second low bidder; and

WHEREAS, the low bidder for Item 5A was initially rejected because the item bid was thought to be a foreign-made vehicle; and

WHEREAS, language exists in the bid package that allows for a domestic product to be awarded over a foreign product if the price difference is considered to be reasonable; and

WHEREAS, the MCCPC has received notification from the low bidder that the item is manufactured in the United States; and

WHEREAS, it is the opinion of legal counsel that Item 5A of Contract #15-C (Utility Vehicles) be rescinded from Performance Ford and re-awarded to Route 23 Automall as the true low bidder.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC, authorize the rescission of Item 5A of Contract #15-C (Utility Vehicles), from Performance Ford.

BE IT FURTHER RESOLVED that the Mayor and Council authorize the re-award of Item 5A of Contract #15-C (Utility Vehicles) to Route 23 Automall.

(4.22) Authorizing Award of Contract to Beyer Ford for Purchase of Animal Control Vehicle

R-369-12

WHEREAS, the Township of Randolph (“Township”) wishes to purchase a 2013 Ford Transit Connect XLT Van for a new animal control vehicle; and

WHEREAS, the Township Recreation Department has solicited four quotes from four different dealerships for this vehicle; and

WHEREAS, only three of the four solicited dealers provided quotes; and

WHEREAS, the quotes received were: Winner Ford—$23,667, Performance Ford—$25,140.65, Beyer Ford—$22,361; and

WHEREAS, the quote from Beyer Ford was the cheapest; and

WHEREAS, the quotes were not solicited through receipt of sealed quotes, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Beyer Ford submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Beyer Ford has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the purchase of the van.

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 Township hereby awards a contract to Beyer Ford of Morristown, NJ for the purchase of a 2013 Ford Transit Connect XLT Van for the price of $22,361.

2. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 6, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the Animal Control Trust Fund to award a contract to Beyer Ford of Morristown for the Purchase of a 2013 Ford Transit Connect XLT Van for the Animal Control Program in the amount not to exceed $22,361.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 12-225-00-000-002

(4.23) Amending Resolution Regarding Agreement w/Aspen Ice for Additional $5,500 in League Fees for Middle School Hockey League

R-370-12

WHEREAS, via R 324-12, the Township of Randolph (“Township”) authorized an agreement with Aspen Ice to lease ice time for the Hockey League; and

WHEREAS, the Recreation Department has since provided yet another requisition for Aspen Ice for League Fees for the Middle School Hockey League for $5,500.

WHEREAS, there are funds available for these 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 Township hereby authorizes the amendment of R 324-12 t Aspen Ice to include an additional $5,500 in League fees for the Middle School Hockey League for a total price of $30,305 (original $24,805 plus updated $5,500).

2. This Resolution shall take effect December 6, 2012.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 6, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the 2012 Budget, Recreation, Other Expense, to Amend the Agreement with Aspen Ice Inc., for additional League Fees for the Middle School Hockey League in the amount not to exceed $5,500.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-28-370-306

(4.24) Cancellation of Unexpended Balances in the Reserve for Preliminary Expense—DPW Maintenance Facility—$8,690.15; Municipal Building Generator—$7,850.00

R-371-12

WHEREAS, there remains an unexpended balance in the Reserve for Preliminary Expense for the following projects; and

Public Works Maintenance Facility $8,690.15
Municipal Building Generator $4,350.00

WHEREAS, it is necessary to formally cancel these balances.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director is hereby instructed to cancel the unexpended balance in the Reserve for Preliminary Expenses mentioned above in the amount of $13,040.15 to the Capital Improvement Fund.

(4.25) Endorsing Treatment Works Approval for Construction of Sanitary Sewer Line—Marks Corner Project

R-372-12

WHEREAS, endorsing an application for Treatment Works Approval for the construction of a sanitary sewer line to be constructed in conjunction with the Mark’s Corner Project, 1 West Hanover Avenue, Block 129, Lots 130 & 130-1 on the official tax map of the Township of Randolph.

WHEREAS, the Township Of Randolph has received a request to endorse a Treatment Works application for the construction of a privately owned sanitary sewer main to be connected to the Randolph Township sanitary sewer system located within an easement on Lot 102.03, Block 119; and

WHEREAS, the applicant must apply to the New Jersey Department Of Environmental Protection for the Treatment Works Approval for the discharge of sewer effluent into the Randolph Township owned sanitary sewer by way of a gravity sewer main; and

WHEREAS, Marks Corner has submitted an application to the Township of Randolph for endorsement; and

WHEARAS, in order for the New Jersey Department of Environmental Protection (NJDEP) to consider the application, the same must be endorsed by the Township, among others; and

WHEREAS, The Township desires to authorize the execution of the endorsement of the said application.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township Of Randolph, County of Morris, State of New Jersey;

1. The Township hereby endorses a request for the Treatment WORKS Approval for Mark’s Corner project located on Block 129, Lots 130 &130-1 on the official tax map of the Township Of Randolph.

2. The Township Manager is hereby authorized and directed to execute the appropriate endorsement s for the Treatment Works Approval, together with other appropriate officers and employees of the Township of Randolph, and herby authorized to take all actions necessary to effectuate the purpose.

3. This resolution shall take effect immediately.

(4.26) Refund Escrow Funds to Arthur Lee of 73 Mountainside Dr.—$811.00

R-373-12

WHEREAS, the Planning and Zoning Department received escrow funds from Arthur Lee, 73 Mountainside Drive, Randolph, NJ, Block 46, Lot 42.01, and in the amount of $1,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $811.00 be refunded to Arthur Lee, 73 Mountainside Drive, Randolph, NJ 07869.

_________________________
Darren Carney, Planning & Zoning Administrator
Date:

(4.27) Awarding Contract for Preventive Maintenance and Repair of HVAC Equipment at 7 Municipal Complexes to Air Systems Maintenance—$48,064

R-374-12

WHEREAS, the Township of Randolph advertised for Preventive Maintenance/ Repair of Heating, Ventilation & Air Conditioning (HVAC) Equipment for 7 Township Buildings for 2013 and received bids on November 21, 2012; and

WHEREAS, 4 were received; and

WHEREAS, bids were received from the following in the order listed and for the bid prices listed:

Pow-R-Save, Inc., Bloomfield, NJ—Base Bid: $26,950;
Ramas Climate & Refrigeration, Livingston, NJ—Base Bid: $48,306;
Air Systems Maintenance, Inc., Kenilworth, NJ—Base Bid: $48,064;
T.M. Brennan Contractors, Inc., Hamburg, NJ—Base Bid: $49,000; and

WHEREAS, Pow-R-Save has requested that they be able to rescind their bid due to a mistake in their bid package; and

WHEREAS, the Township has agreed to Pow-R-Save’s request to rescind their bid given the obvious discrepancy between their bid price and the other bid prices and concerns related to the ability of Pow-R-Save to perform the contract for the price bid; and

WHEREAS, the Township Clerk, Engineering Administrator/W&S and Purchasing Agent recommend the award of the contract to Air Systems Maintenance, Inc. as the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will be available in the 2013 budget in account 01-201-26-310-305; and

WHEREAS, the Township of Randolph desires to award a contract for the Preventive Maintenance/Repair of Heating, Ventilation & Air Conditioning (HVAC) Equipment for 7 Township Buildings for 2013 to Air Systems Maintenance, Inc. of Kenilworth, NJ.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Air Systems Maintenance, Inc. of Kenilworth, NJ for the price of $48,064 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: December 6, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be availability in the 2013 Budget, Building and Grounds, Other Expense, to Award a contract to Air Systems Maintenance, Inc. for Preventive Maintenance/Repair of Heating, Ventilation & Air Conditioning (HVAC) Equipment for 7 Township Buildings in the amount not to exceed $48,064.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-26-310-305

(4.28) Authorizing an Agreement for a 15-Year Lease of Township Property for a Summer Recreation Day Camp to PG4L Inc—$4,376,149

R-375-12

WHEREAS, the Township of Randolph advertised for the Lease of Township Property for Summer Recreation Day Camp for Children and received bids on November 29, 2012; and

WHEREAS, 3 bids were received; and

WHEREAS, bids were received from the following in the order listed and for the bid prices listed:

HorizonNJDC, LLC, Commack, NY
Total rental amount for 15 year lease: $1,515,000,
On Site Capital Improvement Commitment: $1,000,000,
Total: $2,515,000;

PG4L Inc., Somerset, NJ
Total rental amount for 15 year lease: $1,875,950,
On Site Capital Improvement Commitment: $2,500,199; and
Total: $4,376,149;

Stonybrook Camp Associates, LLC, Randolph, NJ
Total rental amount for 15 year lease: $1,500,030,
On Site Capital Improvement Commitment: $400,002; and
Total: $1,900,032;

WHEREAS, the Recreation Director and Purchasing Agent recommend the execution of a lease agreement with PG4L Inc. as the highest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to enter into a lease of Township Property for Summer Recreation Day Camp for Children with PG4L Inc. of Somerset, NJ for the 15 year period of October 1, 2013 to September 30, 2028.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a lease agreement be executed with PG4L Inc. of Somerset, NJ for the 15 year period of October 1, 2013 to September 30, 2028 for the total of $4,376,149 ($1,875,950 rent, $2,500,199 capital improvements).

(4.29) Endorsing an Application for Waiver of EPA Grant Restrictions—Mark’s Corner

R-376-12

WHEREAS, the Heller Group, LLC proposes a sanitary sewer connection at the project known and designated as Marks’s Corner, Block 129, Lots, 130 & 130-1, on the official tax map on the official tax map of the Township of Randolph, to the Randolph Township Sewer System for ultimate discharge to eh Rockaway Valley Sewerage Authority (“RVRSA”) System and;

WHEREAS, a portion of the property to be connected to the System contains wetlands as defined and delineated by the United States Fish & Wildlife Service; and

WHEREAS, one of the conditions imposed by the United States Environmental Protection Agency (“EPA”) upon the grant for the construction of the RVRSA facilities prohibits the connection of any sewerage generating structure located within any parcel of land containing a wetland area to the System for a period of 50 years after November 29, 1983; and

WHEREAS, said grant conditions provide for exceptions to the prohibition if approved, in writing, by the Regional Administrator of EPA; and

WHEREAS, the procedures for mapping revisions and waiver requests established by EPA, the New Jersey Department of Environmental Protection (“DEP”) and the RVRSA require that Randolph Township endorse the submission of such waiver request or mapping revision; and

WHEREAS, those procedures provide that projects which do not adversely impact wetlands may be approved by way of a mapping revision or waiver request; and

WHEREAS, the Heller Group, LLC, has submitted to the Township an application for sewer gallonage and indicated that no sewerage generating structures are to be located within the wetlands; and

WHEREAS, the Township Engineer finds that the project, as proposed by the Heller Group, LLC, will not involve the construction of sewerage generating structures within a delineated wetland and is designed so as to minimize any adverse impacts on such delineated wetlands; and

NOW, THEREFORE, be it resolved that the application prepared by the Heller Group, LLC, for Mark’s Corners be submitted to the RVRSA for a waiver of the EPA grant condition, related to servicing the property with wetlands for Block 129, Lots 130 and 130-1, on the Tax Maps of the Township of Randolph, is hereby endorsed.

(4.30) Release Escrow Funds to College Plaza at 447 Route 10 East—$4,595

R-377-12

WHEREAS, the Engineering Department received a request to release escrow funds for College Plaza, 447 Route 10 East, in the amount of $4,595.00, plus accrued interest; and

WHEREAS, the Township was obligated to retain the escrow fee in the amount of $4,595.00 for the period of five years from date of completion in May of 2003. The project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Ralph Carchia, Engineering Administrator/ Water and Sewer Administrator that the escrow funds in the amount of $4.595.00, plus accrued interest, be refunded to Progressive Properties, College Plaza, 477 Route 10 East, Randolph, NJ 07869.

(4.31) Rescinding and Re-Awarding Contract 15C—Utility Vehicles

R-378-12

WHEREAS, on November 8, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Item 14 of Contract #15-C (Utility Vehicles) to Brown’s Hunterdon International; and

WHEREAS, Mid-Atlantic Truck Centre, Inc., the apparent low bidder for Item 14 of Contract #15-C (Utility Vehicles), was initially denied the award of the contract due to incorrectly completing one of the mandatory forms; and

WHEREAS, Mid-Atlantic Truck Centre, Inc. contested the award of Item 14 in Contract #15-C (Utility Vehicles); and

WHEREAS, upon review of legal counsel, it has been determined that the error is a diminimus deficiency and the award of Item 14 should have been made to Mid-Atlantic Truck Centre, Inc.; and

WHEREAS, it is recommended that the award of Item 14 of Contract #15-C be rescinded from Brown’s Hunterdon International and awarded to Mid-Atlantic Truck Centre, Inc.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC, authorize the rescission of Item 14 of Contract #15-C (Utility Vehicles) from Brown’s Hunterdon International.

BE IT FURTHER RESOLVED that the Mayor and Council authorize the award of Item 14 of Contract #15-C (Utility Vehicles) to Mid-Atlantic Truck Centre, Inc.

5.0 ORDINANCES: SECOND READING/PUBLIC HEARING

5.1 Ordinance 18-12 Shelter Development Group (Congregate Care)

Attorney Buzak stated that this Ordinance was referred to the Planning Board in accordance with the Municipal Land Use law and there’s in the record an October 19, 2012 Memorandum where the Planning Board finds that it is not inconsistent with the Master Plan. The consensus was that the Planning Board generally looks favorably upon the Ordinance, they made no recommendations for any changes. Attorney Buzak further stated that the Clerk also provided the required notice to the County Planning Board for the original hearing which was scheduled for November 1st, that date was postponed as a result of the storm and a second notice was provided to the County. The County acknowledged receipt of the second notice as well. Given the nature and magnitude of this Ordinance, under the Municipal Land Use law, individual notice had to be given to certain property owners by both regular mail and certified mail; this was also completed. Attorney Buzak also stated that if the Ordinance is adopted an affidavit will be prepared to place on file as confirmation.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY TO ALLOW CONGREGATE CARE RETIREMENT COMMUNITIES AS A CONDITIONAL USE IN THE B-4 GENERAL COMMERCIAL DISTRICT” be read by title on second reading and a hearing held thereon.

Manager Lovell explained that this is an amendment to the zone that will allow congregate care retirement communities as conditional uses in the B-4 zone. He further explained that the community is being developed for persons 62 years of age & older, they will have dining facilities, recreation facilities, medical facilities, and physical therapy services on site for the residents. A minimum lot area of 5 acres, a maximum building height of 3 stories (45 feet), and a maximum of 125 units have been established. However, if the site exceeds 5.5 acres, the developer shall be permitted 25 units per acre for the site area in excess of the 5.5 acres.

Mayor Guadagno asked Mr. Henshaw if a person who is younger than 62 years old can get into a unit if he/she needs the type of care this facility provides. He also asked if the age is also 62 years & older for the independent living section. Mr. Henshaw stated that a person would have to be 62 years of age or older for both the assisted living section as well as the independent living section.

OPEN TO THE PUBLIC (PUBLIC HEARING)

Judith Stewart, 114 Everdale Road stated that she feels there are things that are wrong with the Ordinance. She suggested that a person who is 62 years of age may have a spouse or other member of his housekeeping unit who is younger than 62 years of age. The possibility exists that a person 62 years of age or older may have a child who is a minor. Mrs. Stewart feels it is unclear in this Ordinance whether those people can live in the housekeeping unit. Mrs. Stewart also feels that the number of parking spaces is insufficient for the independent living facility. Since Randolph does not have public transportation, residents will need to have a car. She also feels that the development should provide shelter for the residents’ cars.

Attorney Buzak stated that it was his understanding that there only needs to be one person in the housekeeping unit that is 62, that the spouse or other members of the housekeeping unit can be less than 62. Mr. Henshaw stated that that was correct. Attorney Buzak also explained that the standard that’s set forth in the Ordinance regarding parking was reviewed carefully and discussed in detail between himself, the Planning Consultant, Darren Carney, and Keli Gallo and all found it to be an appropriate ratio.

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY TO ALLOW CONGREGATE CARE RETIREMENT COMMUNITIES AS A CONDITIONAL USE IN THE B-4 GENERAL COMMERCIAL DISTRICT” be passed on final reading and that the Notice of Final passage of said Ordinance be published in the official designated newspaper according to law.

COUNCIL DISCUSSION (SECOND READING)

Deputy Mayor MacArthur followed up on Judith Stewart’s point regarding age limitations of housekeeping units. There was discussion between the Council, Mr. Henshaw, Mr. Holland and Attorney Buzak regarding age restrictions and the Ordinance. It is believed that an age restriction exists for under the age of 19, but no one present was able to confirm. Mr. Holland suggested that they could include the age restriction in their lease. Attorney Buzak suggested that the Ordinance be adopted if the Council desires and then if necessary, the Ordinance can be amended to add a provision related to no child under 19 years of age. He felt this would be the best way to address this issue instead of it being part of the lease.

Councilwoman Mitsch made a motion to adopt the Ordinance. Councilman Obremski seconded the motion, and the following role call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

6.0 DISCUSSION ITEMS

No discussion items

7.0 OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that one of the reasons she objects to the Ordinance is because it does not apply only to the current proposal. She indicated that the Ordinance will apply to both rental and owner-occupied places. Mrs. Stewart felt that the outgoing Council members had been outstanding members of the Council. She expressed that Councilman Obremski has shown a fierce independence and consideration for the needs of the public which she appreciated. She stated that Councilwoman Mitsch has served in an exemplary manner, and wanted to thank both Council members.

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

8.0 COUNCIL COMMENTS

Councilman Loveys stated that he is going to miss Councilman Obremski and Councilwoman Mitsch very much and felt they had been outstanding members of the Council.

Mayor Guadagno also thanked both Councilman Obremski and Councilwoman Mitsch for their participation on the Council. He also thanked the Council members-elect, Roman Hirniak and Chris Carey for joining the Council.

Deputy Mayor MacArthur stated that at the Republican Club meeting, he had made the comment that beginning January 1, with the exception of Councilman Napoliello, none of the Council members will have served more than 2 years. He felt that the reason it is not problematic for the town is because prior Councils have done a terrific job of fiscal discipline and have been forward thinking. Deputy Mayor MacArthur also stated that he will miss the outgoing Council members and wished them both the best.

Councilwoman Mitsch stated that she loved participating on the Council. She also commended Councilman Obremski and thanked him for his meaningful contributions.

Manager Lovell expressed that there are many things that came about during Councilman Obremski’s and Councilwoman Mitsch’s terms of office for which to be proud.

Councilwoman Mitsch stated that it is a collaborative effort and it’s a huge contribution by Manager Lovell, Mike Soccio, Darren Carney, Ralph Carchia, and all the people in town hall.

Councilwoman Veech reported that she had gotten a call from Dr. Yaw from County College, and he mentioned that now that they bought the building they’re getting ready to do some movement on access road in and out of Route 10. She stated that Dr. Yaw wants her to go with him to meet with Senator Bucco to talk about getting him behind the actual construction. Councilwoman Veech said the trustees have been talking about it and she wanted to know if any of the Council members also wanted to attend the meeting. The meeting will probably be at the County College and will most likely involve walking through the building and seeing where the roads are going to be. Deputy Mayor MacArthur and Councilman Loveys will also attend the meeting and Manager Lovell stated that Councilwoman Veech can call him if his assistance was needed.

Councilwoman Veech reported that Mayor Guadagno gave her a listing from the Morris County Sheriff’s Office of all of the police incidents to which they were involved. Councilwoman Veech gave a brief overview of some of the information, but was interested in finding out more details from the Sheriff’s Office.

Mayor Guadagno stated that it was a pleasure being Mayor for the year. He thanked the Council for their effort and willingness to help when needed. The Mayor congratulated future Mayor Tom MacArthur and Deputy Mayor Jim Loveys and wished them both well.

10. UPCOMING EVENTS

December 9 - Holiday Luncheon at the Community Center - Recreation Awards - 11 a.m. - 1 p.m.
December 9 - Senior Holiday Dinner at the Community Center - 2 p.m. - 5 p.m.
December 9 - Lighting of the menorah at the Community Center - 6 p.m. - 9 p.m.
December 14 - Employee Recognition at Town Hall - 9 a.m.
January 1, 2013 - Reorganization Meeting - 1 p.m.

11. EXECUTIVE 1st 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:

11.1 Tax Appeals

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 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.

Councilwoman Mitsch made a motion to move into Executive 1st Session at 8:30 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Obremski

ABSENT: Councilman Napoliello

12.0 OUT OF EXECUTIVE 1ST SESSION & RE-OPEN TO THE PUBLIC

Deputy Mayor MacArthur 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 Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Napoliello

13.0 RESOLUTION—TAX APPEALS

Deputy Mayor MacArthur made a motion to authorize the tax settlements that were discussed in Executive Session. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello
*Councilwoman Mitsch voted yes to Bon-Bon Realty and Provident Bank, but recused herself from Raport.

R-379-12

WHEREAS, appeals of the real property tax assessments of the following properties have been filed in the Tax Court of New Jersey:

; and

WHEREAS, the property owners and the Township have agreed to a settlement for the pending appeals; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty (60) days of the date of entry of Judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, be settled pursuant to the terms set forth herein.

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

1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

3. This resolution shall take effect immediately or as otherwise provided by law.

14.0 EXECUTIVE 2nd 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:

14.1 Police Investigation/Possible Litigation
14.2 Litigation

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

4. At the conclusion of the 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.

Councilwoman Veech made a motion to move into Executive 2nd Session at 8:43 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

15.0 OUT OF EXECUTIVE 2ND SESSION

Councilwoman Mitsch made a motion to return to Open Session at 8:50 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

16.0 ADJOURNMENT

Councilwoman Mitsch made a motion for adjournment at 8:50 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

___________________________
Donna Marie Luciani
Township Clerk