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

Minutes: February 2, 2012

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Guadagno. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011.

PRESENT:
Councilman Loveys (arrived 7:20 p.m.)
Councilwoman Mitsch (arrived 7:08 p.m.)
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

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

Mayor Guadagno led the Pledge of Allegiance.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, voiced her distress over having the School Board Election and the General Election at the same time. She is concerned that the election for the School Board may inadvertently become partisan if it is tied to the General Election and it will double the workload for poll workers and the people who tally the votes.

Judith Stewart, 114 Everdale Road, noted that the school budget will not have to come to a vote if they stay within their two percent cap. However, if a vote on the budget were necessary, she believes it would be odd to vote on a budget that has already been in place for five months.

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

MANAGER’S REPORT

Manager Lovell’s comments included the following:

The Board of Education has chosen to move the election of the board members to the November election
The School Board anticipates staying within the two percent levy cap
The next liaison meeting with the Board of Education will be February 9 at 8:30 a.m.
Work at the VFW building is very close to complete
The Manager’s office has received a response from a Motor Vehicle representative on Canfield Avenue and will be posting a notice at their facility regarding driving schools using adjacent parking lots
The Manager will suggest to the owner of the Canfield Business Park that he post his driveway and parking lots as well
Green Acres has required that the Manager file a non-binding memorandum in order to be able to apply for grants over the next 24 months
The Manager filed a non-binding memorandum regarding information on properties on Mountainside Drive
The company hired to check the water system for leaks has identified several significant leaks and repairs are being undertaken
The Manager congratulated Norma Jacobs and Claudine Cheung for their efforts which enabled Randolph to receive a $25,000.00 grant to benefit the animals in the shelter and community
Regarding the land diversion process with Mendham, a public hearing has been held in Mendham, a final draft of the application is being readied for submission to Green Acres, and the Manager will be meeting with Mendham shortly
The Manager hopes to affect a transfer of land from Mr. Campo to Randolph Township which will be used for the diversion for the Seeing Eye property
Restrictions on that transferred property would stipulate that the land must be used for future open space or recreation purposes
Bible Church International has offered to hold an appreciation breakfast for Town Hall employees, volunteers, fire fighters, rescue squad members, and Council members

APPROVAL OF EXECUTIVE SESSION MINUTES

(1) December 1, 2011

Councilwoman Veech made a motion to approve the minutes as presented. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Loveys

(2) July 7, 2011

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

AYES:
Councilman Napoliello
Councilman Obremski
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilwoman Veech

ABSENT: Councilman Loveys

(3) August 4, 2011

Councilwoman Veech made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Obremski

ABSENT: Councilman Loveys

(4) June 2, 2011

Councilman Obremski made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Deputy Mayor MacArthur

NAYS: None

ABSTAIN:
Councilwoman Veech
Mayor Guadagno

ABSENT: Councilman Loveys

(5) August 30, 2011

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

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

NAYS: None

ABSTAIN:
Councilwoman Mitsch
Councilman Obremski

COMBINED ACTION ITEMS

Councilwoman Mitsch noted that she will be abstaining from Item J.

Councilman Napoliello made a motion to approve the Combined Action Items with the exception of Item J. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to approve Item J in the Combined Action Items. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilwoman Mitsch

A. Supporting the Alex DeCroce Crime Victims’ Bill of Rights

R-52-12

WHEREAS, Assemblyman Alex DeCroce was born in Morristown on June 10, 1936, and served as a legislator since 1989 and as the Assembly Republican leader since 2003; and

WHEREAS, Assemblyman Alex DeCroce was remembered by many as a special leader, friend, and mentor who fought tirelessly to make New Jersey a better place for all; and

WHEREAS, Assemblyman Alex DeCroce’s chief legislative accomplishments include a constitutional amendment to protect and strengthen the rights of crime victims as he came to the aid of a crime victim’s family, whom he did not know, and worked to initiate and then lead the movement; and

WHEREAS, Assemblyman Alex DeCroce is an honorary board member of the New Jersey Crime Victim’s Law Center and worked to keep the Center and movement going forward when there were insufficient funds to do so; and

WHEREAS, Assemblyman Alex DeCroce was known for his bi-partisanship, loyalty, respect, true sense of caring about others, and for placing the public interest above self-interest; and

WHEREAS, Assemblyman Alex DeCroce was remembered by Governor Christopher J. Christie as someone who “fought for his beloved colleagues, for his steadfast principles.... For the people he was elected to serve until the very last moments of his life.”; and

WHEREAS, Assemblyman Alex DeCroce will be remembered by many for his “reach out,” “his way,” and as the “father of New Jersey,” his true bi-partisanship, loyalty, respect for the individuals, and working for the public-interest and not self-interest.

NOW, THEREFORE, BE IT RESOLVED as a tribute to Assemblyman Alex DeCroce and his legacy of public service, the Mayor and Town Council of Randolph supports the movement to rename the crime victim’s legislation the “Alex DeCroce Crime Victim’s Bill of Rights” to continue his legacy.

B. Authorizing Change Orders #3 and #4 for the DPW Garage—Bringing New Total From $2,933,967.00 to $2,936,863.60

R-53-12

WHEREAS, architect Charles Schaffer, contracted by the Township to perform construction administration with regards to the DPW Garage, has recommended two change orders; and

WHEREAS, Change Order #3 would add a stainless steel exterior enclosure for the fuel island controls at an increase of $1,838.10; and

WHEREAS, Change Order #4 is to increase the concrete strength of the floor which will eliminate the need for treatment in the future at an increase of $1,058.00; and

WHEREAS, the original contract sum with Rochelle Contracting Co. was $2,940,000.00; and

WHEREAS, on January 10, 2012, Change Orders #1 and #2 gave the Township the credit of $6,033.00 and brought the total to $2,933,967.00; and

WHEREAS, the combination of Change Order #3 and Change Order #4 brings the new total to $2,936,863.60.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Order #3 and Change Order #4 are approved and the contract be so amended.

BE IT FURTHER RESOLVED that signed copies of this resolution shall serve as the contract amendment.

C. Refunding Overpayment of Taxes for Block 51, Lot 9.19, for Tax Years 2009, 2010 & 2011 to Michael and Nicole Leach—$6,814.02

R-54-12

WHEREAS, Michael and Nicole Leach have been granted a reduction in assessed valuation for the tax years 2009, 2010 and 2011 by the Tax Court of New Jersey on Block 51, Lot 9.19, known as 1 Canterbury Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $2,188.74, 2010 in the amount of $2,269.70, and 2011 in the amount of $2,355.58; 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 overpayment of $6,814.02 to Michael and Nicole Leach.

D. Refunding Overpayment of Taxes for Block 199, Lot 46.10, for Tax Years 2009 and 2010 to Ming-Yi Hu and Yang Fen Chen—$13,869.27

R-55-12

WHEREAS, Ming-Yi Hu and Yang Fen Chen have been granted a reduction in assessed valuation for the tax years 2009 and 2010 by the Tax Court of New Jersey on Block 199, Lot 46.09, known as 1 Poplar Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $6,808.71 and for the year 2010 in the amount of $7,060.56; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $13,869.27 to Ming-Yi Hu and Yang Fen Chen.

E. Refunding Overpayment of Taxes for Block 199, Lot 46.10, For Tax Years 2008 and 2009 to Leroy and Geri Williams—$9,534.05

R-56-12

WHEREAS, Leroy and Geri Williams have been granted a reduction in assessed valuation for the tax years 2008 and 2009 by the Tax Court of New Jersey on Block 199, Lot 46.10, known as 4 Red Oak Lane; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $4,715.10, and $4,818.95 for 2009; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $9,534.05 to Leroy and Geri Williams.

F. Refunding Overpayment of Taxes for Block 199, Lot 109.40, For Scott Itzkowitz for $11,483.44

R-57-12

WHEREAS, Outside Tax Sale Certificate #1843 held Scott Itzkowitz, assessed to Joseph Grassi, Block 119, Lot 109.40, 40 Spruce Tree Lane; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $7,083.44, and premium in the amount of $4,400.00.

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 $11,483.44 to Scott Itzkowitz, holder of Tax Sale Certificate #1843.

G. Overpaid Due to Veteran’s Deduction—Block 21, Lot 189—5 Hutchins Lane—$250.00

R-58-12

WHEREAS, Andy Tiao overpaid 2011 taxes by reason of Veteran’s deduction in the amount of $250.00 on Block 21, Lot 189, 5 Hutchins Lane; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $250.00 to Andy Tiao.

H. Overpaid Due to Veteran’s Deduction—Block 159, Lot 12—4 Rock Ledge Road—$250.00

R-59-12

WHEREAS, John Reilly overpaid 2011 taxes by reason of Veteran’s deduction in the amount of $250.00 on Block 159, Lot 12, 4 Rock Ledge Road; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $250.00 to John Reilly.

I. Release Road Opening Cash Bond for 148 Franklin Road to The Estate of Ruth Monahan—$500.00

R-60-12

WHEREAS, the Engineering Department has received a request from the Estate of Ruth A. Monahan Executor David B. Nestor for the release of a $500.00 cash road opening bond posted for the purpose of a sewer connection at 148 Franklin Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on December 23, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the sanitary sewer connection at 148 Franklin Road within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to the Estate of Ruth A. Monahan Executor David B. Nester, 232 Stanhope-Sparta, Andover, NJ 07821.

J. Release Road Opening Cash Bond for 63 Fords Road to Michael Mitsch—$500.00

R-61-12

WHEREAS, the Engineering Department has received a request from Marzenna Sokolska for the release of a $500.00 cash road opening bond posted for the purpose of a guard rail for parking at 63 Fords Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on January 10, 2012; and

WHEREAS, the applicant was required to post this cash bond to guarantee the guard rail for parking at 63 Fords Road within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

K. Release Road Opening Cash Bond for 17 Quaker Hill Lane to William Weigand—$500.00

R-62-12

WHEREAS, the Engineering Department has received a request from William Weigand for the release of a $500.00 cash road opening bond posted for the purpose of replacing a cracked sidewalk at 17 Quaker Hill Lane, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on December 19, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the replacement of a cracked sidewalk at 17 Quaker Hill Lane within the Township right-of-way; and

WHEREAS, the Engineering Department has inspected the road opening work and found it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to William Weigand, 17 Quaker Hill Lane, Randolph, NJ, 07869.

L. Release Police Detail Escrow Funds to the Hebrew Academy Of Morris County—$22.50

R-63-12

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the Detail work has been completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

Hebrew Academy of Morris County $22.50

M. Release Escrow Funds for Block 56, Lot 34, to Kevin Seidel—$730.00

R-64-12

WHEREAS, the Planning and Zoning Department received escrow funds from Kevin Seidel, 52 Peace Road, Block 56, Lot 34, 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, that the remaining escrow funds in the amount of $730.00 be refunded to Kevin Seidel, 52 Peace Road, Randolph, NJ 07869.

N. Authorizing Award of Contract for MCCPC by Coin-Toss for Portions of 2011 Winter Bid and 2012 Contract 41

R-65-12

WHEREAS, on January 30, 2012, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council conducted a coin-toss lottery as a result of a tie bids received on October 21, 2011, for portions of Contract #41 (Purchase of Communications Equipment-Radios) for the 2912 contract period; and

WHEREAS, the winners of the above-mentioned coin-toss lottery appear in the summary below:

Category A (Radios)
(Item #31—Hutton): Coin-toss between Royal Communications & Atlantic Communications. Both companies bid the identical highest discount of 38%. Atlantic Communications won the coin-toss for Item #31.

(Item #64—Relm): Coin-toss between Royal Communications & Atlantic Communications. Both companies bid the identical highest discount of 35%. Atlantic Communications won the coin-toss for Item #64.

(Item #72—Symbol): Coin-toss between Royal Communications & Triangle Communications. Both companies bid the identical highest discount of 5%. Royal Communications won the coin-toss for Item #72.

Category B (Batteries)
(Item #1—Battery Network): Coin-toss between Royal Communications & Atlantic Communications. Both companies bid the identical highest discount of 20%. Atlantic Communications won the coin-toss for Item #1.

(Item #2—Cadex): Coin-toss between Royal Communications & Atlantic Communications. Both companies bid the identical highest discount of 20%. Atlantic Communications won the coin-toss for Item #2.

(Item #7—Multiplier): Coin-toss between Royal Communications & Atlantic Communications. Both companies bid the identical highest discount at 20%. Atlantic Communications won the coin-toss for Item #7.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the above-referenced items in 2012 MCCPC Contract #41 (Purchase of Communications Equipment-Radios) be awarded to the vendors noted herein for the contract period January 1, 2012, to December 31, 2012.

O. Authorizing Approval of Road Closures and Police Department Assistance for the Randolph Education Foundation 5K Run and 3K Walk on June 16, 2012

R-66-12

WHEREAS, the Randolph Education Foundation (REF) is requesting road closings and Randolph Township Police Department assistance on June 16, 2012, for a 5K run that will benefit the Randolph Township Schools; and

WHEREAS, the mission of the REF is to provide funding for innovative programs that enhance the preparation of students and all proceeds from the race will go directly to the foundation; and

WHEREAS, in the event that police officers don’t voluntarily sign up for detail for this event, the REF has agreed to pay the overtime rate.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council supports the road closings for the Randolph Education Foundation 5K Run /3K Walk.

P. Authorizing Rescission and Re-Award of Portions of MCCPC Contract #41—Purchase of Communications Equipment—Radios For 2012 Contract Period

R-67-12

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council entered into a contract on January 1, 2012, with various bidders for the 2012 Contract #41 (Purchase of Communications Equipment-Radios); and

WHEREAS, the bidder’s who were awarded the items under Contract #41 were not authorized to sell the product brand of radio noted in the bid which is a mandatory requirement of the bid specifications; and

WHEREAS, the following items are recommended to be rescinded from the vendor who received the initial award and re-awarded to the bidder in compliance with the specifications as noted below:

1. Item #24 (Ericsson GE Radios): A coin-toss of this item was to be scheduled to determine the award of contract due to two (2) bidders submitting the identical discount of 10%. The coin-toss is now cancelled due to Royal Communications submitting a substitute brand which does not meet the specifications. Recommend award of Item #24 to DM Radio/dba/Communications Service Integrators for compliance with the bid specifications.

2. Item #63 (Raytheon/JPS Radios): Rescind initial award to Atlantic Communications for not being an authorized dealer of the radio and re-award to PMC Associates in compliance with the bid specifications.

3. Item #68 (Standard Communications Radios): Rescind initial award to Royal Communications for not being an authorized dealer of the radio. No re-award for Item #68. Item #68 is a duplicate radio of Item #86 (Vertex Standard) below.

4. Item #74 (Tait Radios): Rescind initial award to Royal Communications for not being an authorized dealer of the radio and re-award to PMC Associates in compliance with the bid specifications.

5. Item #86 (Vertex/Yaesu): Rescind initial award to Royal Communications for not being an authorized dealer and re-award to Triangle Communications in compliance with the bid specifications.

WHEREAS, under these circumstances, it is in the MCCPC’s best interest to rescind and re-award the above radios (Items #63, 68, 74, and 86) as noted and award radio (Item #24) to DM Radio/dba/Communications Service Integrators.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the above-referenced items be rescinded and re-awarded to the vendors as noted.

Q. Authorizing Professional Services Agreement to Arthur Thibault, Jr. of Apruzzese, McDermott, Mastro & Murphy for General Legal Services for Special Counsel for Police Department—Not to Exceed $12,000.00

R-68-12

WHEREAS, the Township of Randolph has a need to acquire Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of the acquisition in addition to others may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has indicated he will provide the Special Police Counsel Services at a rate of $145.00 per hour for an amount not to exceed $12,000.00; and

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has completed and submitted a Business Entity Disclosure Certification which certifies that Apruzzese, McDermott, Mastro & Murphy has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Apruzzese, McDermott, Mastro & Murphy from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

R. Raffles

(1) Tricky Tray, Dress for Success of Morris County, February 24, 2012, 6:30 p.m. to 9:00 p.m., 1 Aspen Drive, Randolph

(2) Tricky Tray, Mendham Township Home & School Association, April 20, 2012, 10:00 a.m. to 2:00 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

(3) On-Premise 50/50, Mendham Township Home & School Association, April 20, 2012, 10:00 a.m. to 2:00 p.m., at the Meadow Wood Manor, 461 Route 10 East, Randolph

ORDINANCES

A. Second Reading and Public Hearing

(1) Ord. #01-12—Property Maintenance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-ADOPTING CHAPTER 39, PROPERTY MAINTENANCE CODE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this ordinance has been in place for a number years but has, in the past, contained a sunset clause. The re-adoption of this ordinance does not include a sunset clause. This ordinance establishes minimum standards governing the maintenance, appearance, and condition of non-owner occupied rental properties in Randolph Township. The ordinance has been a helpful tool for the Health Department over the course of the years.

Mayor Guadagno opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, voiced her support for the ordinance.

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

Deputy Mayor MacArthur cited language in the ordinance concerning the responsibilities of owners, operators, and occupants. He asked if the Township has the right to choose who to hold responsible for repair or maintenance issues.

Ms. Gallo responded that the Township can use judgment given the circumstances and issues at the property.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-ADOPTING CHAPTER 39, PROPERTY MAINTENANCE CODE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

B. Introduction

(1) Crosswalk Ordinance

Manager Lovell noted that this ordinance will govern all of the crosswalks in the Township, however the crosswalks on Route 10 have been removed from the ordinance due to safety concerns and the desire to have the Department of Transportation review those crosswalks. The Manager noted that the legislative delegation endorsed former Mayor Mitsch’s letter to the Commissioner of Transportation which touched on the issue of crosswalks and the need to study them along Route 10.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-54, CROSSWALKS, AND DELETING SECTION 31-476, ESTABLISHED, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 1st of March, 2012, at 7:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

Councilman Obremski made a motion to introduce the ordinance. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Sidewalk Maintenance Ordinance

Manager Lovell noted that this is a comprehensive ordinance dealing with sidewalks in the Township. The ordinance repeats language that has been on the books for years but also adds some responsibilities that were not clearly identified before. This ordinance will make property owners responsible for maintenance and repairs to the sidewalks fronting their property. This ordinance complies with new standards from the Americans with Disabilities Act that require the Township to install and maintain handicapped accessible ramps at all intersections for sidewalks. The issue of snow and ice removal has always been in the ordinance and stays intact. Currently Randolph is one of a handful of towns in New Jersey that does not have such an ordinance on the books.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 44, STREETS AND SIDEWALKS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE X, MAINTENANCE AND REPAIR OF SIDEWALKS” be introduced and read by title by the Township Clerk and passed on first reading.

Councilman Loveys noted that when this ordinance was first discussed he voiced his concerns at that time. While his concerns remain, he will support the ordinance because he believes it to be in the best interests of the Township.

Councilman Loveys made a motion to introduce the ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(3) Police Ordinance

Manager Lovell noted that this ordinance is a modification to an existing ordinance creating and establishing the Police Department and Emergency Management in Randolph Township. The Police Department is currently undergoing a process for accreditation which they hope to achieve by the middle of 2012. Receiving accreditation means that the department is upholding the highest standards of police departments in the state. The recommended changes have been reviewed by the Special Police Counsel and discussed with the Council.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND REPLACING DIVISION 10, ‘DEPARTMENT OF POLICE AND EMERGENCY MANAGEMENT,’ OF ARTICLE 3, ‘GENERAL ADMINISTRATIVE ORGANIZATION,’ OF CHAPTER 2, ‘ADMINISTRATION,’ OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be introduced and read by title by the Township Clerk and passed on first reading.

Questions from the Council included:

When was the last time Randolph had occasion to use Special Police Officers Class I and Class II? (Class I officers have not been used since Manager Lovell came to Randolph, and Class II officers were used until about a year ago)
What would be an example of a Class II activity (Randolph was using Class II officers for Court duty)
What is the police matron used for (a matron can be used when a female police officer is not available to conduct pat downs of arrested females and they will remain in close proximity to those female prisoners to ensure their safety)
What are the benefits to the town for the police department achieving accreditation (insurance companies look favorably upon police departments with accreditation and the standardization of policies and procedures is very helpful to the department in performing day-to-day operations)
What percentage of police departments in New Jersey are accredited (perhaps twenty percent are accredited but that number is growing quickly)

Deputy Mayor MacArthur reminded the Council that the police promotion process was discussed in prior meetings and it was agreed at the last discussion that the Council will re-visit this ordinance at a more opportune time to debate the promotion process further.

Mayor Guadagno asked if it would be possible to ask our legislators to help to reinstate the use of Class II Police officers as a budgetary issue.

Manager Lovell responded that he will set up meeting with Assemblyman Bucco to show him the statute.

Councilwoman Veech made a motion to introduce the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(4) Authorizing the Establishment of a Budget Appropriation Cap Bank of 3.5% in Accordance with N.J.S.A. 40A: 4-45.15a

Manager Lovell noted that this ordinance will create flexibility in future budgets. In adopting this ordinance, the Council will create a budget appropriation cap at 3.5 percent and can bank any unbudgeted appropriations from the past two years.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2012 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET, APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be introduced and read by title by the Township Clerk and passed on first reading.

Councilwoman Veech made a motion to introduce the ordinance. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(5) Authorizing the Execution of an Amendment to the Agreement for Potable Water Supply and Service With MCMUA

Manager Lovell’s comments included the following:

Randolph’s water supplier is the Morris County MUA
Randolph at one time owned the Allamatong Wellfield but in 1971 transferred the wellfields to the MCMUA and entered into an agreement through which they supplied Randolph Township with water
The amount of water allotted to Randolph was uncapped by that agreement, however things have changed
From 1971 to 2005 this area grew dramatically
In 2005 New Jersey sustained a very severe drought and water consumption skyrocketed
There was a very significant push by the NJ DEP to begin capping water allocations
The DEP informed the MCMUA that their water agreements exceed allocations for the well system at the Allamatong
Negotiations between the MCMUA and towns began and Randolph came up with a substantial number because it was based on 2005 numbers
The MCMUA was unable to sign that agreement and Randolph was asked to not sign the agreement by the Kushner Corporation
Over the course of the last several years the MCMUA has attempted to develop many other water sources unsuccessfully because the DEP refused to issue permits citing impact to the environment
The MCMUA was forced to come back to several towns to renegotiate water agreements
Randolph uses fifty percent of the water allocated by the MCMUA
Since 2005 water consumption in Randolph has decreased due to odd-even watering restrictions and an aggressive block rate structure
Flexibility exists in Randolph’s water usage numbers and Randolph has indicated to the MCMUA that that we would be willing to give back some of the water allocation
However, Randolph also indicated that if the MCMUA finds other water sources they must proportionately assign gallonage to Randolph to get us back to that 2005 peak year
Roxbury and Jefferson have signed the agreement with the MCMUA
The Manager believes the NJ DEP will shortly lift the permit moratorium issued back in 2006 or 2007 which will allow developers to extend water lines beyond 1500 feet and will allow sub-divisions to be built in excess of 30 units.
There is a real possibility that Randolph could someday meet its allocation max
The Manager believes loop protection and enforcement of the odd-even restrictions is critical
This ordinance has already been advertised for public hearing in two weeks in order to get the agreement signed
The Kushner Corporation is satisfied with this ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR POTABLE WATER SUPPLY AND SERVICE BY AND BETWEEN THE MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY AND THE TOWNSHIP OF RANDOLPH” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 18th of February, 2012, at 7:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

Questions and concerns from the Council included:

Is Randolph guaranteeing a certain minimum annual average and will we be charged if we do not use that minimum amount (Randolph is always in excess of that minimum number)
Are Jefferson’s numbers reflected in the system (Jefferson’s piece is not reflected in this agreement but they have now relinquished water back to the MCMUA)
Does that create excess supply that Randolph could potentially tap into (Jefferson and Roxbury are creating excess supply)
Will we know if there is a problem with Roxbury and their allocation (the Manager was able to persuade Roxbury to adopt language similar to Randolph)
What benefit did Randolph achieve in the negotiation process (Randolph will get 50 percent of any future water assigned to the MCMUA until the maximum is reached and the immediate flexibility on the receipt of state permits for the extension of the water system which will help developers)
Does the Manager believe Randolph will be able to support all foreseeable development over the years (yes, if Randolph continues to be vigilant regarding water usage and conservation efforts)

Deputy Mayor MacArthur voiced concern that language in the proposed agreement indicates that the MCMUA can not be held accountable for the failure to deliver water due to their negligence. The Deputy Mayor indicated he would not support this agreement unless that language was changed.

Manager Lovell responded that the public hearing has been scheduled to occur in two weeks and has already been advertised. He suggested that the ordinance be introduced this evening and, between now and the public hearing, wait to hear from the Township Attorney whether or not changing the language would be a major or minor change to the ordinance.

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

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur (voting YES to introduction only)
Mayor Guadagno

NAYS: None

OPEN TO PUBLIC

Jim McConnell, 45 Carrell Road, asked if the sidewalk ordinance includes snow removal.

Manager Lovell responded that the ordinance generally repeats language from prior ordinances with regard to snow removal, however there is a more liberal interpretation on the requirement of how quickly snow must be removed after a snow storm.

Mr. McConnell noted that the snow plows often pile snow and ice on sidewalks and at the ends of driveways that can be very difficult to remove.

Manager Lovell responded that the police use discretion in enforcing the ordinance. The ordinance will focus mainly on those sidewalks critical to access to schools.

Lee Whilden, 82 Radtke Road, voiced her concern that the existing water tank may not be big enough to hold enough water, especially in light of the growth that has occurred in town.

Manager Lovell responded that water demand is less today than it was in 2005 due to the odd-even sprinkling restrictions and the aggressive block rate structure in place.

Judith Stewart, 114 Everdale Road, noted that senior citizens are often unable to cope with shoveling their sidewalks and driveways, especially after the snow plows dump snow and ice from the road onto them.

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

COUNCIL COMMENTS

Deputy Mayor MacArthur asked the Township Clerk to ready the resolution concerning township support of returning troops as supplied by the New Jersey League of Municipalities for approval at an upcoming meeting. He and the Mayor attended a recent meeting with representatives of public utilities to discuss the issues, failures, and improvement opportunities following Hurricane Irene. At that meeting, the Commissioner of the DPU noted that he was pressing the utilities for better tree management, better emergency crews on hand when needed, much better communications, and enforcement power.

Mayor Guadagno noted that he was disappointed with the Commissioner’s message at that meeting.

Councilwoman Veech attended Governor Christie’s Denville Town Hall. An EMS volunteer from Randolph thanked Governor Christie at that meeting for vetoing the bill concerning volunteer EMS squads. The Councilwoman contacted the property owner who is having trouble with driving schools utilizing his parking lot. The property owner informed the Councilwoman that the problem is on-going and she asked if the police could be called in to issue tickets.

Manager Lovell responded that the police can not go over and issue tickets. The owner must post his driveway and parking lot and he can then issue a complaint against the drivers.

ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 8:40 p.m. Councilwoman Mitsch seconded the motion.

_______________________________
Donna Marie Luciani
Township Clerk