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

Minutes: July 7, 2011

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Deputy 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 8, 2010, by emailing them the annual resolution adopted by the Council on December 7, 2010. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 16, 2010.

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

ABSENT: Mayor Mitsch

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

Deputy Mayor Guadagno led the Pledge of Allegiance.

PRESENTATION: 2010 Audit—Nisivoccia LLP

Manager Lovell noted that Mr. Schroeder, an Auditor with Nisivoccia, is in attendance this evening to provide a review of the audit. The Council will be asked to certify tonight that each has read the comments at the end of the audit.

Mr. Schroeder’s comments included the following:

Randolph is a premier audit client with first class operations
The financial administration does things the way they are supposed to be done and are leaders in the industry
He relies on the CFO for information and everything runs as smoothly as it can
The only comment and recommendation is to go to a fixed asset auditing system
A fixed asset system is a requirement by the State of New Jersey
Randolph is in a strong financial position, however the current fund balance has decreased from last year
While the current balance is very healthy for an organization of this size, with the new cap laws if the fund balance is not replenished there is no cap relief for making up that number
Randolph is in better financial shape than many other municipalities
It was a great audit again this year and the financial administration is to be commended

Manager Lovell noted that the audit reflects the fine work of Michael Soccio and several other departments and employees in the Township who run the organization with high integrity and a great deal of responsibility. This audit is as clean an audit as one would ever see for a municipal government. Randolph’s audits have always been exceptional.

Councilman Algeier noted that Mr. Schroeder is aware that there is a state requirement that all municipalities are supposed to have a fixed asset inventory and he must report in his audit that Randolph is not in compliance. He reports that in a section called “Recommendations”, meaning that it is his recommendation that we comply. The Councilman noted that when he first came on the Council, there were other real problems listed on the audit that had to be corrected, mostly the handling of cash by the Recreation Department, and those problems have been remedied. There are no longer any other real problems listed on the audit. The Councilman would not be in favor of spending time or money in having a fixed asset inventory system.

Councilman Napoliello made a motion to adopt a resolution accepting the 2010 municipal audit. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor Mitsch

R-162-11

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the Annual Report of Audit for the year 2010 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, that the Manager and staff for arranging for the fine fireworks display this year. Mrs. Stewart asked why the construction at the Library and Senior Center has stopped. Mrs. Stewart stated that she believes the water rates in Randolph are regressive at the lower end. The proposed new water rates will essentially double her bill and will make the water rates at the lower end even more regressive. There are people in this town who may not be able to afford such an increase and asked the Council to consider the fairness of what is being proposed.

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

COUNCIL AND MANAGER REPORTS

Councilman Obremski noted that the Traffic Advisory Meeting was cancelled due to numerous vacations.

Councilman MacArthur asked if the Manager had given an update about the ambulance services proposal.

Manager Lovell responded that Randolph has gone out to bid. The Manager noted that he appreciated the efforts of Councilman MacArthur who worked closely with him and Mr. Buzak’s staff in an effort to put together a bid specification. The current provider of services has been put on notice that Randolph is exercising the cancellation clause. Several bids are expected. The most significant change that will occur is the concept that insurance companies have negotiated rates with hospitals and Randolph will not interfere with those rates. What companies will be bidding on is service for the uninsured. Language has been included to ensure that there isn’t double dipping when the hospital attempts to make up their losses by over-billing clients.

Councilman MacArthur believes that, as the result of a lot of input from a lot of people, the uninsured are protected, Randolph has been taken out of the patient/provider relationship, and it will simplify our administration which should save time and money. The Councilman noted that there seems to be a random approach to maintaining the various islands and medians in town and asked if a more cohesive approach by the Town is necessary to maintain these islands.

Manager Lovell responded that he will look into this issue.

Councilman Algeier noted that the Board of Health does not meet in the summer. Since other committees and boards have reported quorum issues, perhaps the Council liaisons could suggest they consider canceling summer meetings. Councilman Algeier suggested that the Council member chosen to replace him on the Board of Health not be a Planning Board member due to meeting conflicts. The Board of Health received a suggestion from a resident that a recycling survey be presented to residents who don’t have recycling at the curb on their scheduled pick-up day. The members of the Board of Health thought that such a tactic would be intimidating and believe that other measures can be used to educate the public on the benefits of recycling. Councilman Algeier advised the Council that he will be submitting his resignation from the Council on July 14, the day before he is scheduled to be sworn in as a judge of the Workers Compensation Court. The Councilman stated that he has had a wonderful 15 years on the Council and will miss the whole “council experience” the most. He has enjoyed campaigning, meeting people, and fielding questions or complaints from residents. It is important that the Council knows what the residents think and how they feel about all the issues. He has enjoyed working with every Council and has found that the people on the Council are there for the right reasons. The various Council members have all worked hard to improve Randolph. Councilman Algeier stated that the last two Councils have been the best he has worked with during his 15 years. Randolph has a dedicated staff and it has been his pleasure to work with them all during his time on the Council. The staff works hard to help each other and the citizens of the community. The organization takes its cue from the leadership. If the leadership demands that things be done in a first class way, the people down the line understand that and act accordingly.

Manager Lovell reported that Freedom Park was the target of vandalism recently. The football shed caught on fire at approximately 1:00 a.m. and there is an on-going arson investigation at this time. The shed was destroyed as well as the equipment inside and one of the light stanchions for the field was badly damaged and will most likely require replacement. Fortunately the turf field was not damaged. The replacement of the shed will be moved further away from the turf field and will not be placed immediately adjacent to a light pole stanchion. Regarding the construction work at the Library and Senior Center, the contractor who won the bid is looking to treat that site as a toxic waste site due to the demolition of the hotel that took place there. The contractor tested the materials in the ground and came back with a high reading for asphalt, which does not concern the Manager. The Manager has called on EcolSciences to do a number of test excavations at the site and nothing has raised any concerns. Soil samples have been taken and are being tested. The Manager met with Mr. Ferriero and it was determined that another contractor will be brought on site to do the excavation. The Manager noted that the bid documents did indicate this was a demolition site and to expect demolition materials. There will be a deduction against the contractor’s contract for the amount that was placed in the bid for this work.

Councilman MacArthur asked if the buildings will remain open during the construction process.

Manager Lovell responded that the buildings will remain open, however there will be various times when access will be difficult. The Manager noted that the owner of Stony Brook Day Camp would like to meet with the Council to discuss a long term lease agreement with the Township so that he can make decisions about capital improvements he would like to undertake. The E.A. Porter Habitat for Humanity Project has been listed on tonight’s agenda, however the Manager feels it would be beneficial for the Council to hear from Barbara Gothie on how she arrived at the value for the property and would like to schedule her for a future meeting in August or September. Manager Lovell noted that Councilman Algeier was one of the Council people who interviewed him for his job as Manager in 1998 and impressed him at that time. It has been his pleasure to serve with Councilman Algeier. Councilman Algeier represents the finest of the words “politician” and “councilman”. Councilman Algeier’s heart has always been with Randolph and goes well beyond Freedom Park and into every aspect of this community. Randolph is a better town today and he is a better Manager today because of Councilman Algeier. The Councilman has always been a team leader and somebody who promoted the spirit that is so important to this organization. The Manager expressed his deep appreciation to Councilman Algeier.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #13-11: Authorizing Special Emergency Appropriation for the Retirement of Employees

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION N.J.S.A. 40A:4-53 FOR THE PREPARATION OF A MASTER PLAN” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that New Jersey recognized that a number of towns and counties would be seeing a rush of employees wanting to retire due to the significant changes that were coming in regards to health and pension benefits. Many communities and boards of education have contractual obligations to their employees for payout of accumulated sick time and vacation time. Randolph is currently seeing a number of retirements. Mr. Soccio completed his analysis and determined that in order to keep budget appropriations stable over the next several years, an emergency authorization for these appropriations should be adopted. About a year ago, the State adopted a statute that would allow such emergency appropriations to fund these retirement filings. This ordinance will be handled as a cash transaction and will be retired as quickly as possible and will help to ensure the financial stability of the Township.

Councilman MacArthur asked for a further explanation on the mechanism for the payments.

Mr. Soccio responded that the money is technically being borrowed from surplus but it is being paid over a five year period. The special emergency appropriation is a deferred charge and does not affect operations until you place it in the budget every year.

Deputy Mayor Guadagno opened the meeting for public hearing on the ordinance.

Lee Whilden, 82 Radtke Road, asked if this ordinance covers health care as well as pensions.

Manager Lovell responded that this ordinance does not cover either health care or pensions. Randolph has met their pension obligations every year. However, those two issues caused a number of employees to begin planning their retirement so that they would not see a change in those benefits. This ordinance deals only with sick leave and vacation leave that has been accrued by employees.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION N.J.S.A. 40A:4-53 FOR THE PREPARATION OF A MASTER PLAN” 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.

Mr. Buzak clarified for the record that the ordinance is listed correctly on the agenda as authorizing a special emergency appropriation for the retirement of employees. The title which was read into the record was read as was published, which was incorrect as it authorizes the special emergency appropriation for the preparation of a master plan. However, the advertisement actually had a Statement of Purpose of the Ordinance which was accurate and lists the purpose of the ordinance is to appropriate $625,000.00 for contractually acquired severance liabilities resulting from the retirement of employees. It is his view that because the Statement of Purpose was accurate in the advertisement, the title is irrelevant and the Council can proceed to adopt this ordinance on second reading.

Mr. Soccio stated that the error in the title was his when he prepared the ordinance.

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

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

NAYS: None

ABSENT: Mayor Mitsch

(2) Ordinance #14-11: 2011 Capital Improvements Authorization Appropriating $225,000.00

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2011 CAPITAL IMPROVEMENTS APPROPRIATING $225,000.00 FROM THE CAPITAL IMPROVEMENT FUND” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this is a cash ordinance which will fund on-going activities in Randolph—storm water outfall repairs and an infiltration inflow study of the sanitary sewer system.

Deputy Mayor Guadagno opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2011 CAPITAL IMPROVEMENTS APPROPRIATING $225,000.00 FROM THE CAPITAL IMPROVEMENT FUND” 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.

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

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

NAYS: None

ABSENT: Mayor Mitsch

(3) Ordinance #15-11: Amending Sections of the Land Development Ordinance—Outdoor Dining—All of Section B (No Public Hearing—Not Properly Noticed)

Manager Lovell noted that Ordinance 15-11 and Ordinance 16-11 will have no action taken this evening. Comments on these ordinances were received by the Planning Board dealing with a limitation on outdoor seating and hours of operation. Due to the high cost of notification to surrounding property owners, the Manager made the decision to re-introduce amended ordinances that reflect the comments of the Planning Board. Two such amended ordinances will be introduced this evening.

Mr. Buzak noted that since the amended ordinances are numbered as Ordinance 17-11 and Ordinance 18-11, Ordinances 15-11 and 16-11 should remain on the books and shown as “withdrawn.”

Councilman Algeier made a motion to withdraw Ordinance 15-11 and Ordinance 16-11. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor Mitsch

Ordinance #15-11 was withdrawn.

(4) Ordinance #16-11: Amending of the Land Development Ordinance—Outdoor Dining—Section 15-26.2B and 15-26.4B (No Public Hearing—Not Properly Noticed)

Ordinance #16-11 was withdrawn.

B. Introduction

(1) Amending Sections of the Land Development Ordinance—Outdoor Dining—B-1 “Neighborhood Business” Zone

Manager Lovell stated that this ordinance will deal with the B1 Neighborhood Business District. Significant changes will include that outdoor dining shall not be conducted after 10:00 p.m. and shall not exceed 20 percent of the indoor seating. A variance of these requirements could be granted by either the Planning Board or Board of Adjustment. An applicant seeking a time variance would need to demonstrate in a written analysis that site conditions allow sound generated from outdoor dining to be in compliance with the noise ordinance of Randolph Township.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15.26.2.B AND 15-26.4 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 4th of August, 2011, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman MacArthur made a motion to introduce the ordinance. Councilman Obremski seconded the motion.

There was extensive discussion which included the following issues:

How does one prove whether or not noise levels will exceed allowed levels
Noise levels prior to 10:00 p.m. would not be relevant other than to the existing noise ordinance
While there is only one major arterial road in Randolph (Route 10), many restaurants in each of the zones at some point abut with residential areas and the Manager felt a 10:00 p.m. closing time for all was appropriate and variations could be determined on a case by case basis
Other Council members believe that restaurants with outdoor dining facing Route 10 should be allowed to remain open until 11:00 p.m. without seeking Planning Board approval
Restaurants with outdoor dining facing residential areas would be allowed to remain open until 10:00 p.m.
The ordinances can always be tweaked at a later time if they are not working out as planned
Restaurant owners should be required to prove noise levels at the edge of their property would not impact residential properties and not be left to the whim of the Planning Board to deny or approve

Mr. Buzak clarified that the provisions to allow for a deviation from the 10:00 p.m. closing time in Ordinances 17-11 and 18-11 is not a variance, it is a generic deviation. The proposed ordinances create the ability or the discretion of the Planning Board or Board of Adjustment to allow for a deviation, which is that extension of time beyond 10:00 p.m.

Mr. Buzak stated that Ordinance 17-11 does not need to be amended. Most of the discussion items pertain only to Ordinance 18-11.

The following roll call vote was taken on the introduction of Ordinance 17-11:

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

NAYS: None

ABSENT: Mayor Mitsch

(2) Amending Sections of the Land Development Ordinance—Outdoor Dining—B-2, B-2ENV, B-3, and B-4 Zones

Mr. Buzak noted that this ordinance will require the amendments referred to by the Township Manager. This ordinance will cover the following zones: B2 Regional Business District, B2 ENV Regional Business District with Environmental Restrictions, B3 Planning and Business Center District, and B4 General Commercial District.

Council discussion followed, which included the following points:

Dairy Queen currently would not comply with the proposed ordinance for outdoor dining since there is no seating indoors, therefore would 20 percent of zero be zero
Is an ice cream stand considered a restaurant although it current undergoes inspections as restaurants are required to do
The proposed ordinance may not currently capture the Dairy Queen but should probably have language added that does capture it
Will restaurants that currently provide outdoor dining have to come before the Planning Board for approval or will only the hours of operation be enforced
The suggestion was made to place something in both ordinances dealing with outdoor dining that says a restaurant where the primary business is selling ice cream and which has no interior seating shall not exceed a certain number of exterior seats while following the time restrictions noted in each of the ordinance depending on location
If a restaurant on a major arterial is not impacting any residential area, could there be a variance so that they could remain open after 11:00 p.m. and perhaps remove all language dealing with noise for businesses along major arterial roadways
In the case of Dairy Queen, the seating is currently on the side yard, not the front yard that faces Route 10, so they are still not in compliance
It will be nearly impossible to cover every aspect and detail of every situation in the ordinance
Could an exemption for highway food stands be incorporated into the proposed ordinance
It was suggested the ordinance not try to capture everything in one section, perhaps divide it as follows—a restaurant with indoor dining that is not located on a major arterial with a 10:00 p.m. closing time and outside seating not to exceed 20 percent of indoor seating with the possibility of obtaining a variance to exceed hours; restaurants with indoor dining on a major arterial with a closing time of 11:00 p.m. and outside seating not to exceed 20 percent of indoor seating; and restaurants where the primary business is selling ice cream with a closing time of either 10:00 p.m. or 11:00 p.m. based on location with a limit of a yet to be determined number of outdoor seats or tables

Ms. Gallo stated that perhaps Dairy Queen falls into the definition of a limited service restaurant which include sandwich shops, coffee shops, and ice cream shops, and suggested that perhaps a separate requirement for limited service restaurants could be created.

Manager Lovell noted that the first ordinance has been introduced and he will instruct the Township Clerk to begin the notification process for the hearing on that ordinance. He and the attorney and staff will work on the second ordinance to address the issues that came up this evening.

(3) Amend Fee Schedule—Water Rates

Manager Lovell reported that the water fund is currently headed for a deficit unless water rates are increased. The cost to the Township to provide water to each user homeowner is approximately $70.00 per quarter. Due to water conservation measures, the Township can no longer rely on the large summer water consumers to subsidize the water fund. A sub-committee was created to come up with options for rate increases. Councilman MacArthur provided a summary of the sub-committee’s goals, which were to balance the water department’s revenue and expenses and to rebuild surplus to help the Township through the lean times, reduce subsidies, that only customers well beyond “normal” usage should pay more for this commodity, and to avoid sticker shock. The proposal is to increase the base rate to $20.00 per quarter and to reduce the number of categories as follows:

0 - 25,000 gallons would increase rates to $3.75 per thousand
25,001 - 50,000 gallons would increase rates to $6.60 per thousand
50,001 gallons and above would increase rates to $10.60 per thousand

The Manager noted that it will take several quarters to become solvent again but these changes will allow the Township to restore fiscal health to the water division.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

Deputy Mayor Guadagno noted that at the start of discussions regarding increasing the water rates, he was against it. However, he has researched what surrounding towns are charging and noted that Randolph is lower than anybody else around, even with these changes.

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman Obremski
Deputy Mayor Guadagno

NAYS: None

ABSENT:
Councilman MacArthur
Councilman Napoliello
Mayor Mitsch

BREAK

RE-CONVENE

(4) Distribution of Handbills in Public Places and on Private Property

Manager Lovell stated this ordinance comes about from a complaint was registered with the Township earlier in the year. The current ordinance referred to only pursuing the person who distributed the handbill. That language is being broadened to hold the persons or businesses and their agents and employees from putting handbills in certain circumstances. Language dealing with leaving handbills at vacant properties has been removed. This proposed ordinance will allow for better enforcement in certain cases.

Councilman Algeier stated that this proposed ordinance is a fair compromise between the needs of the merchants who depend on this type of advertising while addressing some concerns of the residents.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 28-153, 28-154, 28-155, 28-156, AND 28-157 OF CHAPTER 28, MISCELLANEOUS OFFENSES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

ABSENT: Mayor Mitsch

COMBINED ACTION ITEMS

Councilman Algeier noted that he will need to abstain from Item F.

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

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

NAYS: None

ABSENT: Mayor Mitsch

A. Refund/Adjustment Resolutions

(1) Refund Cash Opening Bond for a Driveway at 6 Brandywine Court to Michael Barton—$500.00

R-163-11

WHEREAS, the Engineering Department has received a request from Michael Barton for the release of a $500.00 cash road opening bond posted for the replacement of an existing driveway at 6 Brandywine Court, Randolph; and

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

WHEREAS, the applicant was required to post this cash bond to guarantee the replacement of an existing driveway 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Michael Barton, 6 Brandywine Court, Randolph, NJ 07869.

(2) Release Road Opening Cash Bond for Driveway at 29 Deer Run to Joe and Deborah Ciottariello—$500.00

R-164-11

WHEREAS, the Engineering Department has received a request from Joe and Deborah Ciottariello for the release of a $500.00 cash road opening bond posted for the repaving of the driveway at 29 Deer Run Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 7, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the resurfacing of the driveway at 29 Deer Run Drive 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Joe and Deborah Ciottariello, 140 Mountainside Drive, Randolph, NJ 07869.

(3) Release Escrow Funds for A Touch of Elegance at 3 Middlebury Boulevard, Unit 11—$1,010.50]

R-165-11

WHEREAS, the Planning and Zoning Department received escrow funds from A Touch of Elegance, Block 18.02, Lot 1; 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 $1,010.50 be refunded to A Touch of Elegance, LLC, 3 Middlebury Boulevard, Unit 11, Randolph, New Jersey 07869.

(4) Refund Mulch Delivery Fee to 73 Morris Turnpike to Michael Luciano—$390.00

R-166-11

WHEREAS, the Engineering Department has received a check in the amount of $390.00 from Michael Luciano for the delivery of three (3) loads of mulch to 73 Morris Turnpike; and

WHEREAS, the Applicant was required to pay a fee for the delivery of mulch; and

WHEREAS, the Engineering Department has received his request to cancel mulch delivery before delivery was made.

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 mulch delivery fee in the amount of $390.00 be refunded to Michael Luciano, 73 Morris Turnpike, Randolph, NJ 07869.

(5) Refund Registration for 2011 Teen Camp to Jennifer Unger—$875.00

R-167-11

WHEREAS, Jennifer Ungar registered her child for the 2011 Teen Camp and paid the fee of $900.00; and

WHEREAS, her child will not be attending the Teen Camp due to an injury.

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 Russ Newman, Director of Parks, Recreation and Community Services, that $875.00 be refunded to Jennifer Ungar, 14 Heritage Court, Randolph, NJ 07869.

(6) Refund Registration for 2011 Tiny Tot Summer Program to Laurie Ann Trezza—$300.00

R-167-11

WHEREAS, Laurie Ann Trezza registered her child for the 2011 Tiny Tot Summer Program and paid the fee of $300.00; and

WHEREAS, her child will not be attending the Tiny Tot program due to cancellation of the class due to the lack of participants.

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 Russ Newman, Director of Parks, Recreation and Community Services, that $300.00 be refunded to Laurie Ann Trezza, 3 Tara Way, Randolph, NJ 07869.

(7) Release Road Opening Cash Bond for 24 Leigh Court to Randi and Rick Kushel—$500.00

R-168-11

WHEREAS, the Engineering Department has received a request from Randi and Rick Kushel for the release of a $500.00 cash road opening bond posted for the resurfacing of the driveway at 24 Leigh Court, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 9, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the resurfacing of the driveway at 24 Leigh Court 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Randi and Rick Kushel, 24 Leigh Court, Randolph, NJ 07869.

(8) Refund Escrow for Block 18.02, Lot 5, to Fieldfair Corp.—$3,101.00

R-169-11

WHEREAS, the Planning and Zoning Department received escrow funds from Fieldfair Corporation, Block 18.02, Lot 5, 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, that the remaining escrow funds in the amount of $3,101.00 plus interest be refunded to Fieldfair Corporation, Attention: Louis Katz, P.O. Box 1578, Livingston, NJ 07039.

(9) Refund Outside Tax Lien for 18 Old Brookside Road, Block 93, Lot 15.04, to US Bank for CCTS Capital—$19,327.14

R-170-11

WHEREAS, Outside Tax Sale Certificate #1899 held by US Bank for CCTS Capital, assessed to ACCRH, LLC, Block 93, Lot 15.04, 18 Old Brookside Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $19,327.14.

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 $19,327.14 to US Bank for CCTS Capital, holder of Tax Sale Certificate #1899.

(10) Refund Outside Tax Lien for 18 Old Brookside Road, Block 93, Lot 15.05, to US Bank—$17,291.75

R-171-11

WHEREAS, Outside Tax Sale Certificate #1900 held by US Bank—SASS, assessed to ACCRH, LLC, Block 93, Lot 15.05, 18 Old Brookside Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $17,291.75.

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 $17,291.75 to US Bank—SASS, holder of Tax Sale Certificate #1900.

(11) Refund Outside Tax Lien for 18 Old Brookside Road, Block 93, Lot 15.06—$19,293.29

R-172-11

WHEREAS, Outside Tax Sale Certificate #1901 held by R. Rothman, assessed to ACCRH, LLC, Block 93, Lot 15.06, 18 Old Brookside Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $19,193.29, and premium in the amount of $100.00.

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 $19,293.29 to R. Rothman, holder of Tax Sale Certificate #1901.

(12) Release Road Opening Cash Bond for Repaving Driveway at 11 Quaker Hill Lane to Sue Chang—$500.00

R-173-11

WHEREAS, the Engineering Department has received a request from Sue Chang for the release of a $500.00 cash road opening bond posted for the repaving of the driveway at 11 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 March 18, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the resurfacing of the driveway at 11 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Sue Chang, 11 Quaker Hill Lane, Randolph, NJ 07869.

B. Authorizing Special Emergency Appropriation of $625,000.00 for Extraordinary Expenses Incurred From the Retirement of Employees

R-174-11

WHEREAS, an ordinance is scheduled for adoption on July 7, 2011, creating a Special Emergency Appropriation of $625,000.00 to meet certain extraordinary expense to be incurred for contractually required severance liabilities resulting from the retirement of employees and no adequate provision was made in the 2011 budget for the aforesaid purpose, and N.J.S.A. 40A:4-53 provides for the creation of the special emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation(s) created including the appropriation to be created by this resolution is $625,000.00 and three percent of the total operations in the budget for the year 2010 was $809,563.84.

NOW, THEREFORE, BE IT RESOLVED by not less than two-thirds of all governing body members affirmatively concurring that, in accordance with the provisions of N.J.S.A. 40A:4-48 and 40A:4-53:

1. A special emergency appropriation be and the same is hereby made for Accumulated Leave Compensation—$625,000.00

2. That two (2) certified copies of this resolution will be filed with the Director of the Division of Local Government Services; however, no Approval is required from the Division.

C. Supporting Existing State Regulations/Guidelines Regarding Child Immunizations

R-175-11

WHEREAS, immunization is one of the most significant public health achievements of the 20th century; and

WHEREAS, despite these efforts, tens of thousands of people in the U.S. still die today from vaccine-preventable diseases; and

WHEREAS, immunization is one of the most effective ways to protect children and adults against many common infectious diseases; and

WHEREAS, keeping individuals healthier through immunizations results in lower associated social and financial costs for families, including time lost from school and work, as well as the expense of medical bills; and

WHEREAS, we experienced a Whooping Cough (pertussis) outbreak in Morris County in 2009, a mumps outbreak in New York in 2010, and a measles outbreak in New York and New Jersey now in 2011.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of Randolph, in the County of Morris, State of New Jersey, hereby declares its commitment to building partnerships at the local level and increasing knowledge and understanding of immunization needs and practices among health care providers, school systems and the general public.

D. Urging the Swift Passage of S-2762 and A-4084 to Permit Municipalities to Refund Commercial and Industrial Taxes Over Three Years

R-176-11

WHEREAS, Senator Bucco and Assemblyman Coutinho have introduced S-2762 and A-4084, respectively, which permits a municipality to pay commercial and industrial property tax refunds for tax years 2010 and 2011 over subsequent three local budget years; and

WHEREAS, municipalities do rely and encourage business development in their community for economic growth; and

WHEREAS, unlike a residential tax appeal, commercial and industrial property owners must submit an income statement when filing their appeal as net income generated by property that has a direct bearing on the ability to market the property and therefore it is value; and

WHEREAS, successful tax appeals shift the burden of the appeal to the rest of the taxpayers within the community; and

WHEREAS, S-2762 and A-4084 will provide municipalities with a temporary tool to assist in planning and controlling their financial budgets during this influx of appeals; and

WHEREAS, the governing body of the Township of Randolph supports the need for the legislation to address property tax refunds for commercial and industrial properties and firmly believes that by allowing phased refunds on successful commercial and industrial property appeals, these bills will provide substantial relief for many residential taxpayers; and

WHEREAS, the League of Municipalities recently conducted a survey that measured the extent to which property owners filed and won tax appeals in 2010, in which 150 municipalities, representing a cross section of the state, participated; and

WHEREAS, those participating in the survey reported property value declines of more than $87,900,000.00, which resulted from 19,788 tax appeals filed in 2010; and

WHEREAS, those responding to the survey indicated that 13,760 appeals were filed in 2009, compared with 19,788 in 2010, representing an increase of 43.7%; and

WHEREAS, while a municipality will often experience an increase in tax appeals because they have conducted a revaluation, only 5 of the 150 municipalities which participated in the survey, indicated that their 2010 appeals resulted from revaluations compared to the 23 of the participating municipalities that conducted revaluations in 2009, when fewer tax appeals were presented to the County Tax Boards; and

WHEREAS, the 2010 spike in appeals should be attributed to the economic down-turn, which lowered property values and placed increased stress on the income of property owners all around our Garden State; and

WHEREAS, although the survey was a snapshot picture in time, it can be used to project what might follow in 2011 and beyond, since the reductions, which were granted by the County Tax Boards, will have a multiplier effect; and

WHEREAS, while New Jersey and this nation struggle to recover from one of the worst economic crises since the Great Depression, municipalities must be given the tools to prevent increasing property taxes an already strained taxpayers; and

WHEREAS, successful tax appeals impact fund balances and place additional pressures on the local budget.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph urges for the swift passage of S02762 and A-4084 to provide municipalities with an additional tool to prevent increasing property taxes on already strained taxpayers.

BE IT FURTHE RESOLVED that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, Senate President Stephen Sweeney, Assembly Speaker Sheila Oliver, Senator Anthony Bucco, our two Representatives in the General Assembly Anthony Bucco and Michael Patrick Carroll, all Municipal Clerks in the County of Morris, and to the New Jersey League of Municipalities.

E. Supporting A-3412 Sharing the Burden of Property Assessment Appeal Refunds

R-177-11

WHEREAS, when County Tax Board appeals are granted the municipality must reimburse the property taxpayer 100 percent of the appealed tax levy, which includes the municipal, school, county, and any special districts tax; and

WHEREAS, the municipal tax collector makes the adjustment from the appeal as a credit on the 4th quarter tax bill resulting in the municipality’s fund balance for the preceding year to diminish, if not be completely depleted; and

WHEREAS, a recent League of Municipalities survey has measured the extent to which residents have filed and won tax appeals in 2010; and

WHEREAS, one hundred and fifty (150) municipalities, representing both large and small municipalities in all 21 counties, that participated in the survey reported property value declines of more than $87,900,000.00, which resulted from 19,788 tax appeals filed in 2010; and

WHEREAS, those responding to the survey indicated that 13,760 appeals were filed in 2009, compared to 19,788 in 2010, representing an increase of 43.7 percent; and

WHEREAS, a municipality often experiences an increase in tax appeals because they have conducted a revaluation, however, only 5 of the 150 municipalities which participated in the survey indicated that their 2010 appeals resulted from revaluations; and

WHEREAS, as a way of comparison, 23 of the participating municipalities conducted revaluations in 2009 when fewer tax appeals were presented to the County Tax Boards; and

WHEREAS, the 2010 spike in appeals should be attributed to the economic down-turn, which lowered property values and placed increased stress on the income of homeowners all around our Garden State; and

WHEREAS, the survey also indicated that in 2010 the various County Tax Boards have granted average property value reductions of close to $5,000.00 per appeal; and

WHEREAS, fifty-six percent of those responding indicated that the successful tax appeals would have an impact on fund balances and place additional pressures on local officials during 2011; and

WHEREAS, although the survey was a snapshot picture in time, it can be used to project what might follow in 2011, since the reductions, which were granted by County Tax Boards in 2010, will have a multiplier effect when neighbors learn of their neighbor’s tax reduction, which will likely increase the appeals and in the alternative, Tax Assessors could be forced to adjust property values based upon the appeal information; and

WHEREAS, successful tax appeals have a three-fold negative impact on municipal budgets. First, the municipality, as the collector of taxes for the school district, county, and special districts, must fund the full cost of the legal defense of the assessment. Second, since state law guarantees to the county and the school district 100 percent of their levies, the municipality bears the full cost of any reimbursements resulting from the appeals (as well as the full burden for any uncollected taxes). Third, the end result will be a further decline in the property tax base used to support municipalities, county governments, and school systems; and

WHEREAS, in light of the revenue limitations that have been placed on all levels of local government by the Legislature (2 percent cap), such declining values will compound and add additional stress to local public officials as they grapple with the issues confronting the taxpaying public; and

WHEREAS, Assemblyman Carroll has recently introduced A-3412 which requires fire districts, school districts, and county governments to share in the burden of property assessment appeal refunds.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby urges the swift passage and signing of A-3412.

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, Senate President Stephen Sweeney, Assembly Speaker Sheila Oliver, Senator Anthony Bucco, Representative Anthony Bucco, Representative Michael Patrick Carroll, and to the New Jersey League of Municipalities.

F. Urging State to Separate the Local Government Public Employees’, Police and Firemen Retirement System Pension From the State Public Employees Retirement System Pension and Providing for a Separate Board of Directors

Acted on separately.

G. Awarding a Contract for the Public Works Garage and Site Improvements to Rochelle Contracting Co., Inc.—$2,940,000.00

R-178-11

WHEREAS, eight bids were received on June 21, 2011, for the Public Works Garage and Site Improvements; and

WHEREAS, the low bidder, Stonebridge Development, Watchung, New Jersey, was non-responsive and was therefore disqualified; and

WHEREAS, Rochelle Contracting Co., Inc., of Landing, New Jersey, was the lowest responsible bidder meeting all the specifications at a total cost of $2,940,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Rochelle Contracting Co., Inc., Landing, New Jersey, at a total contract price of $2,940,000.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 7, 2011

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 #5-11, Improvements to the DPW Facility, to award a contract to Rochelle Contracting Co., Inc., for the Public Works Garage and Site Improvements in the amount not to exceed $2,940,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing Purchase From State Contract T2754 for Light Duty Trucks and Cargo Vans for Various Departments

R-179-11

WHEREAS, the Township of Randolph utilizes New Jersey State Contract T2754 for Light Duty Trucks and Cargo Vans for various departments; and

WHEREAS, the Township wishes to purchase three vehicles and this purchase will not exceed $70,000.00.

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 t purchase from New Jersey State Contract T2754 Light Duty Trucks and Cargo Vans for the purchase of three vehicles.

I. Authorizing Agreement to Provide Animal Control Services to the Borough of Rockaway for $10,078.00

R-180-11

WHEREAS, the Borough of Rockaway wishes to obtain Animal Control Services from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2011.

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.

J. Authorizing Agreement to Provide Health Department Services to the Borough of Rockaway for $141,000.00

R-181-11

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

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2011.

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.

K. Rescinding Portion of Andy Matt. Inc., Award for Item 2A of Contract 42 From the MCCPC and Re-Awarding Item 2A to Ben Shaffer & Associates and Awarding 2B to Ben Shaffer & Associates

R-182-11

WHEREAS, on June 28, 2011, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded Item #2A in Category E (Wood Carpet Mulch) of Contract #42 (Landscaping Materials) to Andy Matt, Incorporated; and

WHEREAS, Andy Matt, Inc. did not provide the proper documentation for Category E (Wood Carpet Mulch) according to the specifications for Item #2a, therefore the item is being rescinded from their initial contract award; and

WHEREAS, Ben Shaffer & Associates, the second low bidder, is recommended for the re-award of Item #2a for compliance with the specifications in the Wood Carpet category; and

WHEREAS, a coin-toss was initially to be scheduled for Item #2b in Category E (Wood Carpet Mulch) to determine the successful bidder between Andy Matt, Inc., and Ben Shaffer & Associates for submitting the identical bid price, and due to Andy Matt’s non-compliance for the category, Ben Shaffer is recommended for the award of Item #2b also.

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 rescinding of Item #2a from Andy Matt, Inc., and the re-awarding of Item #2a to Ben Shaffer & Associates along with Item #2b in Category E (Wood Carpet Mulch) of Contract #42 (Landscaping Materials).

L. Rescinding Portion of MCCPC Contract 25 From Mooney General Paper Company and Re-Awarding Item 32 to A&C Green Cleaner

R-183-11

WHEREAS, on June 28, 2011, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council awarded Item #32 in Category A (Cleaners, Deodorants & Special Purpose Items) of Contract #25 (Janitorial Supplies) to Mooney General Paper Company; and

WHEREAS, Mooney General Paper Company was not the apparent low bidder for Item #32 when recalculating the “ounces” contained in their case packaging at $21.98/per case; and

WHEREAS, it is determined that the actual low bidder for Item #32 is A&C Green Cleaner, LLC for the same amount of ounces contained in their case packaging at $18.00/per case; and

WHEREAS, it is in the best interests of the MCCPC membership to rescind Mooney General Paper Company’s award for Item #32 and re-award Item #32 to A&C Green Cleaner, LLC, the actual low bidder while meeting the specifications.

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 authorizes the rescinding of Item #32 from Mooney General Paper Company’s portion of the award of Contract #25 (Janitorial Supplies) and the re-awarding of Item #32 to A&C Green Cleaners, LLC, the actual low bidder.

M. Authorizing Award of Contract With Regard to the Senior Center/ Library Project to EcolSciences, Inc.—Not to Exceed $15,000.00

R-184-11

WHEREAS, the Township of Randolph has a need to retain EcolSciences, Inc. pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition in addition to others will exceed $17,500.00; and

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

WHEREAS, Jaman Engineering Associates has indicated they will provide the professional surveying services for an amount not to exceed $40,000.00; and

WHEREAS, EcolSciences, Inc. has provided a proposal attached hereto for testing/analysis/remediation planning for a construction debris fill site at the Library/SCC Complex on Calais Road; and

WHEREAS, the Township shall limit the contract for services to an amount not to exceed $15,000.00; and

WHEREAS, EcolSciences, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that EcolSciences, Inc. 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 EcolSciences, Inc. 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 EcolSciences, Inc. 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.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 7, 2011

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 #2-10, Renovation of the Senior Community Center and Library, to award a contract to EcolSciences, Inc., with regards to the Senior Center/Library in the amount not to exceed $15,000.00.

____________________________
Michael J. Soccio
Chief Financial Officer

N. Reconstituting the Appointment of the Investigatory Committee

R-185-11

WHEREAS, pursuant to Resolution R-255-10 adopted by the Township Council on August 30, 2010, and Investigatory Committee pursuant to N.J.S.A. 40:69A-91 and 40:48-25 et seq. was created to undertake a more detailed investigation of matters and issues addressed in a confidential memorandum from the Township Manager to the Township Council, dated August 4, 2010; and

WHEREAS, said Investigatory Committee consisted of three Township Council members: Mayor Trina Ruane Mitsch, Councilman Edward A. Metz, and Councilman Gary C. Algeier; and

WHEREAS, the term of office of Councilman Edward A. Metz ended at midnight on December 31, 2010; and

WHEREAS, under N.J.S.A. 40:69A-91, the Investigatory Committee can be composed of its own members or of citizens of the municipality; and

WHEREAS, Edward A. Metz continues to be a citizen of the Township of Randolph; and

WHEREAS, in light of the effort heretofore expended by Edward A. Metz and his direct involvement with the investigation during his tenure as Councilman, the Township Council desires to reconstitute the Investigatory Committee pursuant to N.J.S.A. 40:69A-91 to include Edward A. Metz as the citizen member of the Investigatory Committee in order that the work of the Investigatory Committee can continue without interruption, while eliminating the need to appoint a new member or to reduce the Investigatory Committee to two members of the Township Council to arrive at its recommendations.

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 Investigatory Committee created to undertake a further investigation of the matters and issues which prompted and initiated an investigation undertaken by the Township Manager as explained in a Confidential Memorandum from the Township Manager to the Township Council, dated August 4, 2010, is hereby re-established and reconstituted as set forth below.

2. The Investigatory Committee re-established and reconstituted under this Resolution shall consist of the following: Mayor Trina Ruane Mitsch, Councilman Gary C. Algeier, and Randolph Township citizen and former Councilman Edward A. Metz. Mayor Trina Ruane Mitsch continues to be designated as Chairperson of said Investigatory Committee.

3. The Committee shall be vested with all powers set forth in N.J.S.A. 40:69A-91 and all other applicable laws and regulations related thereto.

4. The Committee and its functioning role are hereby re-established as set forth in Resolution R-225-10.

5. The Township Attorney shall continue to provide appropriate legal advice to the Committee and ultimately to the Township Council in accordance with his obligations as the municipal attorney for the Township of Randolph.

6. The Township Manager is hereby directed to advise all municipal employees to cooperate with the Committee in its investigation and all such employees and witnesses before the Committee shall maintain the confidentiality of their testimony and of the documents produced.

7. This Resolution shall take effect immediately.

O. Authorizing the Execution of an Agreement With Randolph Township School District for Sharing Network Support Services From July 11, 2011, to July 12, 2012

R-186-11

WHEREAS, a need exists for the Township of Randolph (“Township”) to acquire computer network support services; and

WHEREAS, the Randolph Township School District (“District”) provides such services and has offered to provide them to the Township for a fee; and

WHEREAS, the District and the Township desire to enter into an agreement whereby the District provides computer network support services to the Township for a fee as set forth in the attached agreement; and

WHEREAS, the agreement is authorized by N.J.S.A. 40A:65-1 et seq.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council that the Mayor and Township Clerk are hereby authorized and directed to execute a Shared Services Agreement with the Randolph Township School District, a copy of which is attached hereto as Exhibit A.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 7, 2011

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 the 2011 Budget, Data Processing, Other Expense, and the 2012 Budget, Data Processing, Other Expense, to award a contract to Randolph Township School District for sharing network support from July 11, 2011, to July 12, 2012, in the amount not to exceed $19,968.00.

____________________________
Michael J. Soccio
Chief Financial Officer

P. Authorizing MAC Grant Application

R-187-11

WHEREAS, the Township of Randolph, County of Morris, State of New Jersey, recognizes that the abuse of alcohol and drugs is a serious problem in our society among persons of all ages; and

WHEREAS, the Township of Randolph further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township of Randolph has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Morris.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph, County of Morris, State of New Jersey, hereby recognizes the following:

1. The Township of Randolph does hereby authorize submission of an application for the Municipal Alliance grant for calendar year 2012 in the amount of $18,005.00.

2. The Township of Randolph acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

Q. Raffles

(1) On-Premise 50/50, Denville Volunteer Fire Department Association, October 8, 2011, From 11:00 a.m. to 4:00 p.m., at The Skylands at Randolph, 792 Route 10 West, Randolph

(2) On-Premise Tricky Tray, Denville Volunteer Fire Department Association, October 8, 2011, From 11:00 a.m. to 4:00 p.m., at The Skylands at Randolph, 792 Route 10 West, Randolph

Councilman Obremski made a motion to approve Item F. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski

NAYS: Deputy Mayor Guadagno

ABSTAIN: Councilman Algeier

ABSENT: Mayor Mitsch

F. Urging State to Separate the Local Government Public Employees’, Police and Firemen Retirement System Pension From the State Public Employees Retirement System Pension and Providing for a Separate Board of Directors

R-188-11

WHEREAS, as of June 2010, the State Public Employees’ Retirement System (PERS) was 52 percent funded, and the Local Government PERS was 69 percent funded; and

WHEREAS, while the Governor stated he will make an early contribution of $500 million to the pension fund from excess revenues in the current year’s budget (if his pension reforms are passed), there are no pension appropriations in the new proposed budget; and

WHEREAS, paying out another year’s worth of retirement payments that are in excess of the $500 million will reduce the State PERS funded level to below 50 percent; and

WHEREAS, whatever measures are contemplated relative to the State PERS are not necessarily in the best interest of the Local Government PERS, or the Police and Firemen’s Retirement System (PFRS), and in all likelihood, the State will try to combine the systems to avoid making a decision on how it is going to fund the State’s portion of the PERS pension; and

WHEREAS, in order to avoid continuing an inevitable State government interference with Local Government systems, new legislation is needed which separates the systems and establishes a Local Government PERS Board of Directors and Local Government PFRS Board of Directors, both of which will have rule making authority over their respective systems; and

WHEREAS, it is also noted that while the State has been skipping payments to the State PERS, Local Governments have been making payments as required; and

WHEREAS, moreover, according to current law, Local Governments must pay interest on any late payments made, while the State is exempt from having to pay interest on late payments, and this should be addressed in new legislation.

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

1. The above recitals are incorporated herein as though fully set forth at length.

2. This Council urges the New Jersey State Legislature and the Governor to enact legislation in order to:

a. Guarantee that the Local Government Public Employees’ Retirement System and the Local Government Police and Firemen’s Retirement System remain separate from the State Public Employees’ Retirement System.

b. Establish a separate Board of Directors for the Local Government PERS and PFRS, both of which would have rule making authority over their respective systems.

c. Require that the state be obligated to pay interest on any late payments into the state PERS.

3. The Township Clerk of this Council shall forward certified copies of this Resolution to the following:

a. Honorable Christopher J. Christie, Governor
b. All Members of the Morris County State Legislature Delegation
c. The Mayors of all Morris County Municipalities

DISCUSSION ITEMS

(1) E. A. Porter Property/Habitat for Humanity

Manager Lovell noted that this issue will be held for a future meeting.

OPEN TO PUBLIC

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

COUNCIL AND MANAGER COMMENTS

Councilman Obremski stated that it has been a pleasure to serve with Councilman Algeier and to campaign with him twice.

Councilman Napoliello stated that he and Councilman Algeier have been friends for many, many years and that he has never known Councilman Algeier to be anything other than an advocate for the public. It has been Councilman Napoliello’s pleasure to work with Councilman Algeier.

Councilman MacArthur stated that he sees Councilman Algeier as a role model of what a Councilmember should be and, as a new Councilman, he appreciates the example. He noted that Councilman Algeier will be missed.

Councilman Loveys stated that, whether or not Councilman Algeier realizes it, he was a major influence on his decision to get involved and run for Council. Councilman Loveys regrets that he will not be able to spend more time together on the Council and noted that Councilman Algeier is very well respected. Councilman Algeier is known to love his community and his country. Councilman Loveys wished Councilman Algeier the best on his new position as judge.

Deputy Mayor Guadagno noted that Councilman Algeier will never be replaced and that his dedication to the town is beyond reproach. The Deputy Mayor has learned a lot from Councilman Algeier, particularly to speak up and change things if you feel that something is wrong. The Deputy Mayor appreciates Councilman Algeier’s guidance.

EXECUTIVE SESSION

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

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

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

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

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

A. MCMUA Water Allocation Agreement

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

4. At the conclusion of the closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Councilman Algeier made a motion to move into Executive Session at 10:40 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor Mitsch

Councilman MacArthur made a motion to return to Open Session at 11:00 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor Mitsch

ADJOURNMENT

Deputy Mayor Guadagno adjourned the meeting at 11:00 p.m.

_______________________________
Donna Marie Luciani
Township Clerk