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

Minutes: February 21, 2013

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor MacArthur. 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 7, 2012, by e-mailing them the annual resolution adopted by the Council on November 29, 2012. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 13, 2012.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Loveys
Mayor MacArthur

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

3. Mayor MacArthur led the Pledge of Allegiance

B. APPOINTMENTS

Councilman Hirniak made a motion to appoint Thomas Burke as an Alternate Member to the Randolph Traffic Advisory Committee. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

C. RECOGNITION/PROCLAMATION

Mayor MacArthur commended and congratulated the two Girl Scouts, Kelsie Puttbach and Allison Liegner, for earning the rank of the Gold Award. He also commended and congratulated Boy Scouts, Evan Jaffa and Corey Jaffa, for earning the rank of Eagle Scout. Each of the scouts were presented with a Proclamation, a plaque, and a Randolph Township pin.

1. Girl Scout Gold Award—Kelsie Puttbach—Troop 1957
2. Girl Scout Gold Award—Allison Liegner—Troop 1955
3. Eagle Scout Award—Evan Jaffa—Troop 50
4. Eagle Scout Award—Corey Jaffa—Troop 50

Freehold Director Thomas Mastrangelo and Deputy Director David Scapicchio honored the Girl Scouts and Boy Scouts on behalf of the Morris County Board of Chosen Freeholders. They presented each of the scouts with a plaque.

D. OPEN TO THE PUBLIC

Stephanie Toledo, 33 Miller Drive stated that she is a member of the Toledo Kids Who Care which is an organization that she and her two siblings created approximately 11 years ago. Ms. Toledo explained that the organization holds many outreach programs throughout the year and had recently heard about children in an orphanage in Haiti who have no shoes. Toledo Kids Who Care set a priority for this year to collect shoes for the children in Haiti. Ms. Toledo asked for suggestions from the Council how best to advertise this fundraiser and get the community involved. She also asked if it would be possible to place drop off boxes in locations within the Township.

Mayor MacArthur suggested that Ms. Toledo speak to Claire Knapp who writes for the Randolph Reporter. Manager Lovell suggested that Ms. Toledo contact Parks & Recreation Director Russ Newman to determine if the project would qualify as one which would be allowed to place a collection box in the Community Center.

Judith Stewart, 114 Everdale Road commended the Girl Scouts and Boy Scouts on their achievement, she thanked the Council for recognizing the scouts.

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

E. MANAGER’S REPORT

Manger Lovell reported the following:

• He was contacted by Glenn Schweizer, Executive Director of the Morris County Municipal Utilities Authority regarding the pressure problem with the Dover water system that services the northern section of Randolph. Manager Lovell expressed some concern with the proposal from the MCMUA suggesting Randolph wield water through its system for those residents as there is a finite gallonage assigned to Randolph Township. The Manager assigned the infrastructure committee the task of looking at this concept, and he reported that Councilman Guadagno has already set a meeting date.

F. COMBINED ACTION RESOLUTIONS

Mayor MacArthur asked for an explanation of how Item 2 (Dewberry Engineers) and Item 4 (Ecolsciences) bids were chosen.

Manager Lovell explained that for Item 2, several engineering firms which specialize in sewer treatment systems received proposals. Of those, Dewberry was the lowest bid, and pump stations is one of their specialties.

Manager Lovell explained that for Item 4, Ecolsciences was the project coordinator for the EA Porter property initially, and will continue to be until the project is complete. Prior to hiring Ecolsciences several years ago, three firms had been interviewed.

1. Councilwoman Veech made a motion to approve the Combined Action Resolutions. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Authorizing the Award of a Professional Services Agreement to Dewberry Engineers, Inc. for Design of a New Sanitary Sewer Pumping Station as Part of Butterworth Interceptor Phase II—not to exceed $30,000

R-90-13

WHEREAS, the Township of Randolph (“Township”) requires the design of a new sanitary sewer pumping station as part of the Butterworth Project; and

WHEREAS, the Township has agreed to retain Dewberry Engineers Inc. located at 600 Parsippany Rd, Suite 301, Parsippany, NJ 07054-3715 to provide the necessary design of a new sanitary sewer pumping station as part of the Butterworth Project for a total amount not to exceed $30,000; and

WHEREAS, the contract with Dewberry Engineers Inc. is for a total amount not to exceed $30,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

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

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

WHEREAS, Dewberry Engineers Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains Dewberry Engineers Inc. having an office at 600 Parsippany Rd, Suite 301, Parsippany, NJ 07054-3715 to provide the design of a new sanitary sewer pumping station as part of the Butterworth Project for a period not to exceed one year (2/21/13-2/20/14).

2. Dewberry Engineers Inc. shall be compensated for a total contract amount not to exceed $30,000.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 21, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #20-97, Butterworth Sewer Extension, to award a contract to Dewberry Engineers Inc. for Design of a New Sanitary Sewer Pumping Station as part of the Butterworth Project in the amount not to exceed $30,000.

__________________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 08-215-55-901-300

3. Authorizing the Award of Professional Services Agreement to Strunk-Albert Engineering for Municipal Building HVAC Analysis—not to exceed $3,000.00

R-91-13

WHEREAS, the Township of Randolph (“Township”) requires Engineering Services / Mechanical (HVAC) Systems Evaluation services for a period not to exceed one year (2/21/13-2/20/14); and

WHEREAS, the Township has agreed to retain Strunk-Albert Engineering located at 804 Seven Bridge Rd, Route 209, East Stroudsburg, PA 18301 to provide the necessary Engineering Services / Mechanical (HVAC) Systems Evaluation services for a total amount not to exceed $3,000; and

WHEREAS, the contract with Strunk-Albert Engineering is for a total amount not to exceed $3,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, Strunk-Albert Engineering has submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains Strunk-Albert Engineering having an office at 804 Seven Bridge Rd, Route 209, East Stroudsburg, PA 18301 to provide Engineering Services / Mechanical (HVAC) Systems Evaluation services for a period not to exceed one year (2/21/13-2/20/14).

2. Strunk-Albert Engineering shall be compensated for a total contract amount not to exceed $3,000.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 21, 2013

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 available in the 2013 Budget, Building and Grounds, O.E,, to award a contract to Strunk-Albert Engineering for Engineering Services/Mechanical (HVAC) Systems Evaluation Services in the amount not to exceed $3,000.

__________________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-47-903-300

4. Authorizing the Award of Professional Services Agreement to Ecolsciences for Continued Groundwater Investigation & Environmental Consulting Services Associated with the Eventual Remediation and Redevelopment of EA Porter—42 Bennett Ave—not to exceed $53,476.00

R-92-13

WHEREAS, the Township of Randolph (“Township”) requires additional groundwater investigation & environmental consulting services for E.A. Porter Site, 42 Bennett Avenue, Randolph for a period not to exceed one year; and

WHEREAS, the Township has agreed to retain EcolSciences, Inc. located at 75 Fleetwood Dr, Suite 250, Rockaway, NJ 07866 to provide the necessary additional groundwater investigation & environmental consulting services for E.A. Porter Site, 42 Bennett Avenue, Randolph for a total amount not to exceed $53,476 (per enclosed proposal); and

WHEREAS, the contract with EcolSciences, Inc. is for a total amount not to exceed $53,476 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

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

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

WHEREAS, EcolSciences, Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains EcolSciences, Inc. having an office at 75 Fleetwood Dr, Suite 250, Rockaway, NJ 07866 to provide additional groundwater investigation & environmental consulting services for E.A. Porter Site, 42 Bennett Avenue, Randolph for a period not to exceed one year (2/21/13-2/20/14).

2. EcolSciences, Inc. shall be compensated for a total contract amount not to exceed $53,476 (per enclosed proposal).

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 21, 2013

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 available in the General Fund, Contracts Payable - Habitat for Humanity, to award a contract to EcolSciences, Inc. for Additional Groundwater Investigation & Environmental Consulting Services for the E.A. Porter Site, 42 Bennett Avenue in the amount not to exceed $53,476.

__________________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-206-55-001-001

5. Authorizing Transfer of Unused Fire Equipment to MC Fire and Police Training Academy

R-93-13

WHEREAS, the Township wishes to transfer equipment which is no longer in service by the Randolph Fire Department to Morris County Fire & Police Training Academy; and

WHEREAS, this equipment, consisting of old fire (water) nozzles, could be utilized by the academy for training purposes; and

WHEREAS, two years ago, Randolph Township had replaced the equipment with updated and standardized fire nozzles.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the Randolph Township Fire Department be authorized to transfer the unused equipment to the Morris County Fire & Police Training Academy.

6. Release of Escrow Curtis Realty Block 78, Lot 5

R-94-13

WHEREAS, the Planning and Zoning Department received escrow funds from Curtis Realty, 540 Route 10, Randolph, NJ, Block 78, Lot 15, 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 $480.25 be refunded to Dr. Dean Curtis, 540 Route 10, Randolph, NJ 07869.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

7. Resolution—NJ DEP Tonnage Grant

R-95-13

WHEREAS, The Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal programs and to continue to expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records, of materials collected and claimed by the municipality; and

WHEREAS, A resolution authorizing this municipality to apply for the 2012 recycling tonnage grant will memorialize the commitment of this municipality to recycling and to indicate the assent of Randolph Township Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the Randolph Township Council that Randolph Township hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Mark Caputo to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

8. Resolution—Tax Certification for Tonnage Grant

R-96-13

WHEREAS, The Recycling Enhancement Act, P.L. 2007, chapter 311, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, There is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.

WHEREAS, whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law,” the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

NOW, THEREFORE BE IT RESOLVED by the Randolph Township Council that Randolph hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, Chapter 311, in 2012 in the amount of $26,019.66. Documentation supporting this submission is available at 502 Millbrook Avenue, Randolph, NJ 07869 and shall be maintained for no less than five years from this date.

Tax reimbursement certified by:

Michael Soccio, CFO
Donna Marie Luciani, Township Clerk

9. Rescinding and Re-awarding Various Items in Contract 20A—Sporting Goods

R-97-13

WHEREAS, on January 1, 2013, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) awarded Contract #20-A (Sporting Goods) to various vendors; and

WHEREAS, Metuchen Center, who currently holds the award for Category A, Item #6 (Catcher’s Gloves), has asked to be released from their obligation for this item due to an unintended mistake in pricing at the time of their bid submission; and

WHEREAS, the next low bidder for Item #6 in Category A, R&R Trophy & Sporting Goods, has agreed to hold their pricing as submitted for the remainder of the current contract; and

WHEREAS, Atlantic Fitness, who currently holds the award for Category F, Item #11 (Slow Pitch Strike Zone Mat), does not currently have and does not wish to incur the cost to obtain the necessary EEO documentation as required by law, thus making them a non-responsive bidder; and

WHEREAS, LeeZar Sporting Goods, who currently holds the award for Category G, Item #14 (Baseball Caps), has asked to be released from their obligation for this item due to an error in their interpretation of the requirements for that item in the bid specifications; and

WHEREAS, Metuchen Center, the next low bidder for Item #11 in Category F and Item #14 in Category G, has agreed to hold their pricing as submitted for the remainder of the current contract; and

WHEREAS, it is in the best interests of the MCCPC to rescind Item #6 in Category A from Metuchen Center and re-award that same item to R&R Trophy & Sporting Goods; and

WHEREAS, it is in the best interests of the MCCPC to rescind Item #11 in Category F from Atlantic Fitness and Item #14 in Category G from LeeZar Sporting Goods and re-award these items to Metuchen Center.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council authorize the rescission and re-award of the various items contained in Contract #20-A (Sporting Goods) as recommended above.

10. Raffle License—50/50 at Skylands of Randolph on March 16, 2013 from 12:00 p.m. - 4:00 p.m. by Morristown Alumnae Fortitude Foundation

11. Raffle License—Tricky Tray at Skylands of Randolph on March 16, 2013 from 12:00 p.m. - 4:00 p.m. by Morristown Alumnae Fortitude Foundation

G. UPCOMING EVENTS

1. 2013 Budget Meeting—February 23 at 8:30 a.m.
2. 2013 Budget Meeting—February 28 at 6:00 p.m.
3. 2013 Budget Meeting—March 2 at 8:30 a.m.

Mayor MacArthur reminded Council members that the ribbon cutting for LA Fitness immediately follows the budget meeting on February 23rd.

Councilwoman Veech asked about a conflict between the meeting with Senator Bucco and the Town Hall meeting in Montville with Governor Christie. It was determined that Mayor MacArthur would contact Senator Bucco to find out if the meeting for February 27th was still scheduled.

There was discussion about upcoming meetings and events being listed on the agenda under “Upcoming Events.” It was decided that Council members can either inform Jessica of the event to be included in the meeting agenda or they can mention the upcoming event during Council Comments.

H. ORDINANCES: SECOND READING AND PUBLIC HEARING

1. Authorizing the Establishment of a Budget Appropriation CAP of 3.5% (N.J.S.A. 40A:4-45.14)

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2013 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that the Township may never need CAP banking, but by adopting this ordinance, it creates flexibility next year if needed.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road stated that she supports the ordinance.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2013 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech made a motion to adopt the Ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

I. DISCUSSION ITEMS

1. Council Priorities 2013

Manager Lovell reported that he collected the information from all Council members and determined the top five priorities. Each Council member had submitted his/her list of priorities in order of highest to lowest using a numeric system previously established. The Council priorities:

• Recruiting the new Manager and CFO = 39 points
• Sussex Turnpike alignment, which includes West Hanover Avenue, and the Butterworth and related sewer project = 28 points.
• Emergency preparedness and potential for a cell tower = 12 points.
• Police recruitment and promotions to fill vacancies = 10 points.
• Commercial development, both the Grecco and Heller sites were mentioned = 7 points.

There was discussion about being proactive in assuring that the freeholders continue to move forward with the Sussex Turnpike realignment. Deputy Mayor Loveys reported that he had attended a Budget Committee meeting at the County in Mayor MacArthur’s place. While at the meeting, he mentioned that the Council would appreciate the Freeholders and the County remaining focused on the realignment. County Engineer Steve Hammond said that they are currently in the process of right of way acquisition.

Manager Lovell stated that Ann Grossi and Freeholder Scapicchio are also key figures since Ann Grossi is on the North Jersey Transportation Planning Authority and Freeholder Scapicchio is a factor on keeping the staff and consultants focused on getting all the steps done in order to start this project.

There was also discussion about the commercial development. Manager Lovell reported that Mr. Grecco is scheduled to appear before the Planning Board in March and will most likely begin the project no later than June 1st. He also reported that Township staff have reached out to Heller to let him know that he should get his final approvals in place for the project on West Hanover Avenue. Once the application check list is created for Highlands, they take over the projects.

2. Mid-Block Crossing Ordinance—Pleasant Hill Road

Manager Lovell reported that last year the Morris County Park Commission developed a trail that begins in Roxbury and travels through Randolph into the Black River Preserve, tying into Patriot’s Path. Since the project crosses Pleasant Hill Road, a mid-block crossing for that trail crossing needs to be established. The County will invest in the necessary signs and any improvements that are required.

The Mayor and Council agreed to move forward with drafting an ordinance.

3. Develop Policy for Naming of Public Facilities

There was discussion about the naming of public facilities and if/how this should be handled in the future. The Council decided that a resolution should be created that states it is not the policy of the Township to name public facilities after people; however, exceptions may be made with approval of the Township Council. The Council voted to determine if a simple majority or super majority would be needed if this issue should arise in the future; the result was a simple majority would be sufficient (4 of 7).

Manager Lovell will draft a resolution.

4. Recruitment of Police Officers to Fill Vacancies

This was not discussed; Manager Lovell reported that this issue will be discussed in the near future.

5. Emergency Preparation Work Group Report

Councilwoman Veech reported that she, and Council members Napoliello and Carey are part of the work group; they met with Manager Lovell, the Department Heads, and Bill Wagner. She spoke with Maryann Spagnuolo, the Board of Ed liaison, over the phone since she couldn’t make the meeting. The Emergency Management Work Group felt that the remaining issue is communications since other issues such as generators and cots are falling into place. They have heard from the DPW, Fire Chief, and Police Chief that they were unable to communicate with each other during the storm because of the communication issue. Councilwoman Veech felt the emergency work group needed to focus on communications and the cell tower issue.

Councilwoman Veech also reported that she heard from some of the firemen that they questioned if the Council truly understood what their capabilities were for emergency situations. They felt that there haven’t been any practice runs or any interaction between the Firemen and the Police or Board of Education to capabilities and responsibilities if there was a major threat to a Township building or facility. Councilwoman Veech felt that the focus of the Emergency Management Work Group, at this point, should be the effectiveness of cell towers in case of emergencies and the capabilities of the Police Department, Fire Department, and Board of Education.

Manager Lovell reported that he asked Board of Adjustment Attorney Rich Snyder for a recommendation for someone to assist Randolph through a process to look at two core issues related to cell towers, the health issue, and the need/demand for the cell tower. The Manager reported that he received two proposals, one from PierCon Solutions and one from Veecom. The proposals will be reviewed at the community level, and a recommendation on contractors will be discussed.

J. OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road stated that she thinks creating a policy on the naming of public facilities is a good idea. She also felt that if there was a facility that the Council wanted to name, that the public should be made aware so they could have the chance to make suggestions.

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

K. COUNCIL COMMENTS

Mayor MacArthur reported that he, Councilman Guadagno, and Councilwoman Veech met with Rick Merkt, the Mayor of Mendham Township to discuss shared services, specifically police and court. It was decided that shared services for police would not move forward at this time. After some discussion, the idea presented was that Mendham Township would have a shared services agreement for the use of the Randolph Municipal Building, use of the court and the administrative facility for the court, but would supply their own judge through the end of 2014 when his contract expires. At that point they would decide if they wanted to continue with that judge or hire the same judge that Randolph uses. It was decided that Mayor Merkt would ask Steve Mountain, Manager of Mendham Township, to reach out to Manager Lovell to discuss the possibility of shared services for court. If the Managers agree, the next step would be for Mayor Merkt to broach the subject with the Mayor of Mendham Borough.

L. 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 remaining portion of the meeting.

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

Stonybrook—Litigation
Tax Court Settlements of Tax Appeals
Search Process for Manager Replacement

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.

Mayor MacArthur stated that the Council will be coming out of Executive 1st Session and making a decision on tax matters. The Mayor added the search process for Manager’s replacement to the Executive 2nd Session.

Councilwoman Veech made a motion to move into Executive 1st Session at 8:40 p.m. Deputy Mayor Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to return to Open Session at 9:40 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

M. RE-OPEN MEETING TO THE PUBLIC RESOLUTIONS

1. Authorization Resolution for Tax Appeal Settlements

Councilman Guadagno made a motion to adopt the resolution. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Tax Appeal—Resolution Authorizing Settlement of Certain Residential Tax Appeals

R-98-13

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 Assessor 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.

_________________________
Donna Luciani, Township Clerk

N. 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:

Manager’s Evaluation

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

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.

Councilman Napoliello made a motion to move into Executive 2nd Session at 9:42 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to return to Open Session at 9:55 p.m. Deputy Mayor Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

O. ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 9:55 p.m. Deputy Mayor Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None