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

Minutes: June 28, 2012

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Deputy Mayor MacArthur. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 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
Councilwoman Mitsch (arrived at 7:10 p.m.)
Councilman Napoliello
Councilman Obremski
Councilwoman Veech (left at 8:20 p.m.)
Deputy Mayor MacArthur

ABSENT: Mayor Guadagno

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

Deputy Mayor MacArthur led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road thanked the Council for sponsoring the Senior Citizen picnic. She also thanked the Public Works Department for keeping Randolph clean, and particularly for cleaning up branches and the weeds she picks from the island at the corner of Millbrook Avenue and Everdale Road.

Lee Whildin, 82 Radtke Road commended the Township’s response to the storm earlier in June and thanked them for their effort.

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

MANAGER’S REPORT

Manager Lovell commended his staff for their response to the storm. He thanked Councilman Obremski for being his contact person at JCP&L. The JCP&L staff provided updates throughout the storm. The Manager stated that the response from Verizon was not good. He reported that he wrote a letter to the Board of Public Utilities regarding the lack of response from Verizon and had copied the Council on the letter. Manager Lovell also expressed his gratitude to the Council committee that met and discussed communications.

Manager Lovell reported that he witnessed the fire companies performing a drill at Heistein Park. He was very impressed with the performance of the new ladder truck. He informed the Council that the fire companies recognize and appreciate the Council’s commitment to providing the best equipment.

The Manager reported that the DPW and the Board of Education were moving into the building, and that both groups were very enthusiastic. On Monday he met with the Board of Education and DPW employees discussed the facility and its maintenance, and how to ensure its success for the future. Manager Lovell reported that the Community Center/Library construction is moving along; however, there is a delay due to a heating unit that is on back order. The lobby cannot be finished until that unit is in place. There is an agreement with the contractor to break off crews from other areas once that unit arrives, and immediately get that area done. The parking lots are expected to be paved within the next two weeks. The Manager expressed that he has received many compliments on the buildings and the staff is also very enthusiastic.

Manager Lovell also reported that the contracts were signed for the Cohn Farm cleanup, and work should begin within the next two weeks.

The Manager stated that a lot of parking was lost at County College of Morris due to the solar panel project which will effect parking for the Freedom Festival fireworks. Flashing signs will be posted in the area to make the public aware of the reduced amount of parking.

APPROVAL OF COUNCIL MEETING MINUTES FROM 2012

Deputy Mayor MacArthur stated that the minutes would be approved in two blocks, the minutes of February 23rd, April 26th, and May 3rd would be voted on by everyone; however, the minutes of April 3rd and April 19th would be voted on by all except Councilman Obremski.

Councilman Loveys stated that he thought the meeting minutes from February 23rd had already been voted on at the April 19th Council meeting. Deputy Mayor MacArthur stated that if there was no objection, the Council could approve those meeting minutes again.

(1) Regular Meeting Minutes

a. February 23, 2012

Councilman Napoliello made a motion to approve the minutes as presented. 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

NAYS: None

ABSENT: Mayor Guadagno

b. April 26, 2012

Councilman Napoliello made a motion to approve the minutes as presented. 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

NAYS: None

ABSENT: Mayor Guadagno

c. May 3, 2012

Councilman Napoliello made a motion to approve the minutes as presented. 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

NAYS: None

ABSENT: Mayor Guadagno

d. April 3, 2012

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

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

NAYS: None

ABSTAIN: Councilman Obremski

ABSENT: Mayor Guadagno

e. April 19, 2012

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

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

NAYS: None

ABSTAIN: Councilman Obremski

ABSENT: Mayor Guadagno

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #14-12: An ordinance to provide and determine the range of compensation for specified officers and employees in the Township of Randolph

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell explained that the Ordinance is a salary and wage Ordinance for exempt employees. He asked that a slight change be made in Section 2, to replace the word “actual” with the word “maximum” in order to be clear that the salaries listed were maximums, not actual salaries. The Manager further explained that this relates to the non union employees, and for the last two years these employees did not receive salary increases.

Attorney Buzak stated that it would be acceptable to change the word from “actual” to “maximum” since it is insubstantial.

Councilwoman Veech made a motion to amend Section 2 of the Ordinance to change the identification of the column “Actual” to read “Maximum.” Councilman Napoliello 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

NAYS: None

ABSENT: Mayor Guadagno

The Deputy Mayor opened the meeting for public hearing.

Judith Stewart, 114 Everdale Road asked for clarification on the Township Clerk’s position as related to the Ordinance.

Manager Lovell explained that the Township Clerk is tenured, she was appointed a number of years ago, the Council sets her annual salary, and she goes through an annual review process. She is a division head within the organization, and she is part of the Office of the Manager.

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

Councilwoman Mitsch made a motion to adopt 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

NAYS: None

ABSENT: Mayor Guadagno

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” 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.

(2) Ordinance #15-12: Toll Brothers bill of sale ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF CERTAIN OFF SITE WATER FACILITIES CONSTRUCTED BY OR ON BEHALF OF TOLL NJ VI, LP AND AUTHORIZING THE ACCEPTANCE OF THE BILL OF SALE” be read by title on second reading and a hearing held thereon.

The Deputy Mayor opened the meeting for public hearing.

Lee Whildin, 82 Radtke Road asked if this Ordinance would affect the Township’s ability to provide water to other areas if necessary or if it is restricted to this area alone. She also questioned the height involved as related to the water pressure.

Manager Lovell explained that the water line that has been constructed extends from Everdale Road down Pierson Hill, and up the subdivision that is being constructed by Toll Brothers. It is for fire purposes only at this point; however, in the future people will be allowed to connect to the water line. The Manager further explained that the pressure is not a problem, but there is still a moratorium that has been placed on the Morris County MUA on new connections, and they have placed that on the Township.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF CERTAIN OFF SITE WATER FACILITIES CONSTRUCTED BY OR ON BEHALF OF TOLL NJ VI, LP AND AUTHORIZING THE ACCEPTANCE OF THE BILL OF SALE” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech made a motion to adopt the Ordinance. Councilman 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

NAYS: None

ABSENT: Mayor Guadagno

(B) Introduction

(1) Ordinance #16-12: An ordinance amending Chapter 10, Boards, Commissions, Committees and Agencies, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the addition of Article XVII Establishing the Wildlife Management Advisory Committee

Manager Lovell reported that currently there is an ad hoc committee of the Parks Committee which is called the Deer Hunt Committee. Their responsibility has really been focused on municipally owned properties, Open Space and park lands, and also establishing a list of qualified hunters who can use those properties for hunting purposes. The Manager felt that committee has done a very good job, and hoped that some of the members would become part of the new committee. However, the Wildlife Management Advisory Committee will be an official standing committee of the Township. The responsibilities of the committee include:

• research and identify successful deer control programs in other communities
• interface with municipal departments, state, county agencies, volunteer groups
• assist the Township with public education, newsletters, website, other information channels
• acts as information conduit between hunters licensed by New Jersey Division of Fish and Wildlife and Randolph property owners wishing to implement hunting on private property, very important
• maintain updated inventory of municipal open space, park lands, to be assigned for hunting
• develop and maintain a list of qualified hunters to be issued a Randolph Local Access Permits for hunting on Township controlled lands
• annually determine and set commencement and termination dates for hunting
• develop and present an annual report on the deer harvest in Randolph so we can keep tabs on our level of success.

Manager Lovell explained that this Ordinance would take the Township into the next hunting season since the upcoming hunting season is already set; this is to expand upon the programs that are in place and focus on the future.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE XVII ESTABLISHING THE WILDLIFE MANAGEMENT ADVISORY COMMITTEE” 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 2nd of August 2012 at 7:00 o’clock 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.

Hearing no Council comments or questions, Deputy Mayor MacArthur asked for a motion.

Councilman Napoliello 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

NAYS: None

ABSENT: Mayor Guadagno

COMBINED ACTION/RESOLUTIONS

Combined Action Items F and G were pulled and discussed later in the meeting.

Councilwoman Veech made a motion to approve the Combined Action Items, as amended, by pulling Items F and G. 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

NAYS: None

ABSENT: Mayor Guadagno

A. Release of Police Detail Escrow to Various Organizations

R-186-12

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

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:

American Animal Hospital $284.00
Randolph Education Foundation $325.14

B. Releasing a Tree Bond for Block 21, Lot 30.03 to Kenneth Parks—$400.00

R-187-12

WHEREAS, the Planning and Zoning Department received a tree bond posted by Kenneth Parks for Block 21, Lot 30.03 in the amount of $400.00; and

WHEREAS, all of the requirements have been met and completed.

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 tree bond in the amount of $400.00 be refunded to Kenneth Parks, 246 Dover Chester Road, Randolph, NJ 07869.

C. Refund a Portion of Registration for Brundage Park Summer Stages to Robert Traub—$350.00

R-188-12

WHEREAS, Robert Traub registered his daughter for Brundage Park Summer Stages and paid the fee of $375.00; and

WHEREAS, his daughter will not be attending Brundage Park Summer Stages due to a conflict.

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 $350.00 be refunded to Robert Traub, 19 Arnold Drive, Randolph, NJ 07869.

D. Refund a Portion of Registration for Brundage Park Summer Stages to Nancy Ascione—$325.00

R-189-12

WHEREAS, Nancy Ascione registered her daughter for Brundage Park Summer Stages and paid the fee of $350.00; and

WHEREAS, her daughter will not be attending Brundage Park Summer Stages due to a conflict.

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 $325.00 be refunded to Nancy Ascione, 18 Valley View Ave., Randolph, NJ 07869.

E. Refund a Teen Camp Registration Fee to Athena Pirylis for $267.00

R-190-12

WHEREAS, Athena Pirylis registered their child for Teen Camp and paid a fee of $250.00; whereas balance of the fees were received from two donors and

WHEREAS, her child received additional donations whereas leaving a credit of $267.00 on the family’s account; whereas the parent would like to receive her money back rather than leaving a credit on her account as she only uses the township for camp due to her financial hardship.

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 $267.00 be refunded to Athena Pirylis, 4201 Hampton Ct., Randolph, NJ 07869.

H. Authorizing Change Orders #15 through #17 for DPW Facility to Rochelle Contracting Bringing the New Total to $2,915,344.02

R-193-12

WHEREAS, the original contract with Rochelle Contracting Co. is $2,940,000; and

WHEREAS, change orders #1 - #14 were previously approved and resulted in a decrease to the original contract in the amount of $41,836.61; and

WHEREAS, it is recommended by the Township Engineer that the following Change Orders be approved:

Change Order #15: Additional drainage inlet & connection piping as well as credit for a Clean-out and guiderail representing an increase of $279.40

Change Order #16: Wiring for the fuel island—Rejected.

Change Order #17: Security Camera Wiring and is an increase of $17,180.63.

WHEREAS, the revised contract with Rochelle Contracting Co. including all change orders is $2,915,623.47

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 #17 be approved and the contract amended.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: June 28, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in Ordinance #5-11, DPW Facility to amend the contract with Rochelle Construction for Change Orders #15 - #17 in the amount not to exceed $17,460.03.

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-939-300

I. Authorizing Award of Extension of the Towing Contract with Tony’s Towing from June 30 to August 1, 2012.

R-194-12

WHEREAS, the Township of Randolph is currently under contract with Tony’s Towing of Dover, NJ to perform towing services for the Township of Randolph; and

WHEREAS, the current contract expires on June 30, 2012; and

WHEREAS, there are no more extensions allowed under the current contract; and

WHEREAS, rebidding for the new contract has already commenced but the bids for the new contract will not be received until July 18, 2012 with an approximate start date of August 1; and

WHEREAS, N.J.S.A. 40A:11-15 allows for the extension of the contract by mutual agreement of the parties to the contract with all the same terms, conditions and pricing; and

WHEREAS, Anthony Sperone, President of Tony’s Towing, has agreed to the extension of the contract at the current terms, conditions and prices until a new contract is awarded.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract with Tony’s Towing of Dover, NJ be extended at the current terms, conditions and prices until a new contract is awarded.

J. Authorizing Award of Contract for Web-based Paperless Meeting Solution to Emerald Data Solutions (Board Docs)—$25,000.00

R-195-12

WHEREAS, the Township of Randolph wishes to secure a web-based paperless meeting solution; and

WHEREAS, the Township of Randolph solicited information and quotations from three vendors for their approach and solutions; and

WHEREAS, quotations were received from the following and for the prices listed:

Granicus (Apple Solution): once it was determined that the Township was not purchasing i-Pads, we didn’t pursue further as this application would be of no use; IQM2: $700 per month with webinar training only; Emerald Data Solutions (BoardDocs): $1,000 per month with on-site training and a set-up fee of $1,000; and

WHEREAS, Emerald Data Solutions was the only vendor who provided detailed software and security information; and

WHEREAS, the Township Manager, IT Administrator/Training Coordinator and Township Clerk feel the Emerald Data Solutions’ BoardDocs solution will be most beneficial to the Township because of the on-site training, security and software information as well as the ease of use; and

WHEREAS, the funds for this project will come from Ordinance 12-12 (IT Upgrades); and

WHEREAS, Emerald Data Solutions submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Emerald Data Solutions has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, Emerald Data Solutions has also submitted a copy of a completed AA302 Employee Information Report, regarding Affirmative Action; and

WHEREAS, the Township of Randolph desires to award a two-year contract to Emerald Data Solutions for their BoardDocs web-based paperless meeting solution.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a two-year contract be awarded to Emerald Data Solutions for the price of $25,000.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: June 28, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in Ordinance #12-12, Various Capital Improvements—IT Upgrades, to award a contract to Emerald Data Solutions for a Web-Based Paperless Meeting Solution in the amount not to exceed $25,000.

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-952-304

K. Authorizing Award of Professional Services Agreement to Robert Michaels and Associates for Planning Services for the Affordable Housing Program

R-196-12

WHEREAS, the Township of Randolph (“Township”) requires planning services for the affordable housing program; and

WHEREAS, the Township has agreed to retain Robert Michaels and Associates located at 7 Lookout Road, Randolph, NJ 07869 to provide the necessary planning services for the affordable housing program for a total amount not to exceed $15,000; and

WHEREAS, the contract with Robert Michaels and Associates is for a total amount not to exceed $15,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

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

WHEREAS, Robert Michaels and Associates has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Robert Michaels and Associates having an office at 7 Lookout Road, Randolph, NJ 07869 to provide planning services for the affordable housing program.

2. Robert Michaels and Associates shall be compensated at the rates as provided in the Proposal for a total contract amount not to exceed $15,000.

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

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

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

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

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: June 28, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the Housing Trust Fund, to award a contract to Robert Michaels and Associates for Planning Services for the Affordable Housing Program in the amount not to exceed $15,000.

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 13-225-00-000-000

L. Awarding an Extension of the Janitorial Services Contract with Employment Horizons

R-197-12

WHEREAS, the Township of Randolph is currently under contract with Employment Horizons of Cedar Knolls, NJ as a sheltered workshop per N.J.S.A. 40A:11-5(1)(n) to perform janitorial services for the Township of Randolph for 5 buildings (Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW) and Randolph Artworks Studio); and

WHEREAS, the current contract expires on June 30, 2012; and

WHEREAS, we are currently working with Employment Horizons to negotiate updated pricing due to the increase in size of the new DPW facility; and

WHEREAS, Employment Horizons does not feel they can provide this pricing before the end of June; and

WHEREAS, N.J.S.A. 40A:11-15 allows for the extension of the contract by mutual agreement of the parties to the contract with all the same terms, conditions and pricing; and

WHEREAS, Joseph M. Smith, the Commercial Services Manager for Employment Horizons, has agreed to the extension of the contract at the current terms, conditions and prices until a new contract is awarded.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract with Employment Horizons be extended at the current terms, conditions and prices until a new contract is awarded.

M. Liquor License Renewals for 2012-2013 Season—Randolph Diner and Meadow Wood Manor

R-198-12

BE IT RESOLVED by the Township Council of the Township of Randolph, Morris County, New Jersey, that the following applications for renewal of alcoholic beverage licenses for the respective premises hereinafter designated, for the 2012-2013 season commencing July 1, 2012 and ending June 30, 2013 be and the same are hereby granted. The fees being as hereinafter listed and the said applicants having complied with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:

BE IT FURTHER RESOLVED that the Township Clerk be and is hereby ordered and directed to sign and issue said licenses in the name of the Township of Randolph and to deliver the same to the licensee when receipt is signed by the licensee or the authorized agent to the licensee.

N. Authorizing the Award of MCCPC Contracts for Sporting Goods, Landscaping Materials and Turf Care and Rejecting the Bid for Welding Supplies

R-199-12

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for the following contracts for the period of July 1, 2012 through June 30, 2013:

#20-B: Sporting Goods
#42: Landscaping Materials & Supplies
#44: Welding Supplies
#48: Equipment Parts for Turf Care

WHEREAS, bids were advertised and received on May 10, 2012, and on June 22, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law for the contracts noted above; and

WHEREAS, one bid in total was received for Contract #44 (Welding Supplies) whereby the vendor submitted a bid predicated on proposed changes to the terms of the contract; and

WHEREAS, it is in the best interests of the MCCPC that the bid received for Contract #44 (Welding Supplies) be rejected as unresponsive; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #20-B (Sporting Goods), Contract #42 (Landscaping Materials & Supplies), and Contract #48 (Equipment Parts for Turf Care).

BE IT FURTHER RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby rejects the bid submitted for Contract #44 (Welding Supplies).

O. Authorizing the MCCPC Rescinding and Re-Awarding Portion of Contract 10

R-200-12

WHEREAS, on June 7, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Category H of Contract #10 (Lumber, Insulation, Hardware & Paint Supplies) to Park Union Building Supplies, the third lowest bidder for the category; and

WHEREAS, the award was based on the fact that the apparent low bidder and second low bidder provided a quote for an item that differed from what was requested in the bid proposal; and

WHEREAS, the MCCPC received a challenge to the award of this portion of the contract by the apparent low bidder and at the same time notified the MCCPC that the item requested was no longer manufactured; and

WHEREAS, the MCCPC contacted all of the vendors who quoted prices for this particular item and was able to confirm the fact that the item is no longer available and all had quoted a price for the nearest equivalent item; and

WHEREAS, it is in the best interests of the MCCPC to rescind Category H of Contract #10 (Lumber, Insulation, Hardware & Paint Supplies) from Park Union Building Supplies and award that portion to Cerbo & Sons as the apparent low bidder.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC, authorize the rescission of Category H of Contract #10 from Park Union Building Supplies and re-award Category H of Contract #10 to Cerbo & Sons.

P. Authorizing the MCCPC Rescinding Contract #4 for Snow Grits from Tilcon New York, Inc, and Re-Awarding to North Church Gravel

R-201-12

WHEREAS, on June 7, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #4 (Snow Grits) to Tilcon New York, Inc. as the second lowest bidder; and

WHEREAS, North Church Gravel, the apparent low bidder, was rejected due to the submission of a Power-of-Attorney that did not appear to give the Attorney-in-Fact the authority to execute a Consent of Surety, which is mandatory under the bid specifications; and

WHEREAS, North Church Gravel challenged the award of the contract and submitted correspondence from the Surety confirming that the Power-of-Attorney provided with their bid did authorize the Attorney-in-Fact to execute bid bonds and consents of surety; and

WHEREAS, the issue was reviewed by legal counsel and it is her opinion that the uncertainty arising from the Power-of-Attorney form was able to be cured by the bidder; and

WHEREAS, it is in the best interests of the MCCPC to rescind the award of Contract #4 (Snow Grits) from Tilcon New York, Inc., and re-award Contract #4 to North Church Gravel as the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC that the award of Contract #4 (Snow Grits) be rescinded from Tilcon New York, Inc., and re-awarded to North Church Gravel.

Q. Authorizing the MCCPC to Rescind and Re-Award Various Items in Contract #25—Janitorial Supplies

R-202-12

WHEREAS, on June 7, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #25 (Janitorial Supplies) to various vendors submitting low bids for each line item; and

WHEREAS, the award of a few items have been challenged as not being equivalent products to what was listed on the bid proposal; and

WHEREAS, after researching the various challenges, it is recommended by the MCCPC Administrator that the following items be rescinded and re-awarded:

Category A, Item 12: Rescind from Spruce Industries and re-award to Mooney General, the lowest bidder who priced the product specified in the bid proposal;

Category B, Item 26: Rescind from Spruce Industries as they priced the item on the basis of “each” instead of “per case” as was specified in the bid proposal and re-award to Mooney General

Category C, Items 26a, b and c: Rescind from W.B. Mason and re-award to Spruce Industries, the lowest bidder who priced the product specified in the bid proposal.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC that the various items be rescinded and re-awarded as specified above.

R. Authorizing the MCCPC to Release Monies Representing a Performance Bond to Innovative Municipal Products for the Award of Category VI of Contract #3—Rock Salt & Liquid—$22,878.34

R-203-12

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Category VI of Contract #3 (Rock Salt & Liquid Calcium Chloride) to Innovative Municipal Products (US), Inc./dba Innovative Surface Solutions, on June 28, 2011, for the contract period July 1, 2011 to June 30, 2012; and

WHEREAS, Innovative Municipal Products (US), Inc./dba Innovative Surface Solutions provided a certified check in the amount of $22,878.34 for coverage of their 100% performance bond which was a requirement of the bid specifications; and

WHEREAS, the expiration of the one (1) year contract will expire on June 30, 2012, therefore the Township on behalf of the MCCPC will release monies representing the performance bond in the amount of $22,878.34 plus accrued interest.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the monies representing the performance bond submitted by Innovative Municipal Products (US), Inc./dba Innovative Surface Solutions for the June 28, 2011 award of Category VI of MCCPC Contract #3 (Rock Salt & Liquid Calcium Chloride) be released in accordance with the above calculations.

S. Authorizing Rescinding and Re-Awarding a Portion of Contract #3—Rock Salt & Liquid Calcium Chloride

R-204-12

WHEREAS, on June 7, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Category I, Bulk Rock Salt, to International Salt Company for seven of the eight counties participating in the MCCPC; and

WHEREAS, an issue arose over the award concerning the availability of the product in the United States versus importing the salt from outside of the country; and

WHEREAS, a provision exists in the bid specifications based on N.J.S.A. 40A:11-18 that states that products made in the United States should be used except when the cost for using a domestic product would be cost prohibitive to the MCCPC and its members; and

WHEREAS, International Salt has confirmed that their salt is imported from Chile; and

WHEREAS, American Rock Salt Company, who as the low bidder was awarded a portion of the contract for Warren County, was the second low bidder for Hunterdon County and Sussex County; and

WHEREAS, it has been determined that the difference in the price of the rock salt between the low bidder and the second low bidder is minimal; and

WHEREAS, it is in the best interests of the MCCPC to rescind the award of Category I for Hunterdon County and Sussex County from International Salt Company and re-award those counties to American Rock Salt Company; and

WHEREAS, International Salt Company was the only bidder for the five remaining counties participating in the MCCPC and it is recommended that the award of that portion of the contract remain intact.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC, authorize the rescission of Category I of Contract #3 (Rock Salt & Liquid Calcium Chloride) for Hunterdon County and Sussex County from International Salt Company and re-award Hunterdon County and Sussex County to American Rock Salt Company.

T. Authorize NJDOT Transportation Enhancement Program Grant Application for Franklin/South Salem Street Pedestrian and Bikeway Improvement

R-205-12

NOW, THEREFORE, BE IT RESOLVED that the Council of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as 00097 to the New Jersey Department of Transportation on behalf of Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

U. Authorizing Awarding a Negotiated Contract to First Priority Emergency Vehicles, Inc. for a Maintenance Contract for Township’s Fire Apparatus

R-206-12

WHEREAS, the Township of Randolph advertised for a Maintenance Contract for Township’s Fire Apparatus on two occasions; and

WHEREAS, on both occasions both bids had to be rejected due to incorrect forms and/or mandatory information not being included with bid submission; and

WHEREAS, N.J.S.A. 40A:11-5(3)(a) allows for the Township to negotiate for these services; and

WHEREAS, the Purchasing Agent reached out to both vendors who submitted bids both times to see if they would be willing to negotiate; and

WHEREAS, Neal Campbell, President of Campbell Supply, indicated they were not willing to negotiate and that their labor rate would stand at their bid price of $98.00 per hour; and

WHEREAS, Robert Freeman, President of First Priority Emergency Vehicles, Inc., reviewed their standard rates, their bid rates and their rates under the Morris County Cooperative Pricing Council and indicated their bid prices of $73.00 per hour and percentage above cost of 20% were the best that they could do; and

WHEREAS, the Purchasing Agent, Fire Chief and Deputy Fire Chief feel a one-year contract with First Priority Emergency Vehicles, Inc. would be in the best interest of the Township; and

WHEREAS, First Priority Emergency Vehicles, Inc. of Manchester, NJ has agreed to perform the required services following all the terms and conditions as set forth in the original bid specifications for the prices listed below for a one-year contract:

Hourly Rate Routine Service: $73.00
Hourly Rate Emergency Service: $108.00
Hourly Rate for Annual DOT Inspection: $73.00
Cost for pick-up and delivery: No Cost
Percentage Above Cost on Parts Used: 20%

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to First Priority Emergency Vehicles, Inc. of Manchester, NJ as stated above for the period of July 1, 2012 through June 30, 2013.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: June 28, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the 2012 Budget, Vehicle Maintenance—Fire, Other Expense, to award a contract to First Priority Emergency Vehicles, Inc. for the Maintenance Contract for Township Fire Apparatus as per quote on file with the Purchasing Officer

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-26-315-308

Manager Lovell reported that lengthy discussions had taken place with Habitat for Humanity as well as the consultant working on the E.A. Porter site. The language for the interim amendment will be finalized within the next few days. The Manager expressed that he and Attorney Buzak request the Council to authorize the amending of the Memorandum of Understanding in order to complete the interim amendment and authorize the Mayor to sign the interim amendment which will deal strictly with dollar amounts. At a later time, a more global amendment to the agreement will be created that will deal with the remediation of the site, and other factors associated with the site. Manager Lovell stated that he was concerned that the legislation has not been adopted to protect COAH dollars that have been collected; there is a strong chance the Governor may not sign that legislation when it is adopted. The State is poised to take dollars from the housing trust fund and the Manager felt that without an amended agreement in hand that changes the dollar amounts, the Township could see a forfeiture of funds that have been collected for years which could kill the Habitat for Humanity project.

Attorney Buzak stated that the proposed amendment is consistent with the spending plan that the Council had previously reviewed and approved. He also stated that he and the Manager met with Habitat and they suggested that there be added some other items unrelated to the funding, but related to the remediation of the site. Attorney Buzak reiterated that the site is contaminated and is being remediated, and that there are a number of changes that have to be made to address the new programs per remediation that were not in effect at the time the original Memorandum Of Understanding was signed. Since those will take more time, Attorney Buzak suggested having two supplements; the first supplement would be the monetary one that is consistent with the spending plan, and the second supplement that would deal with the remediation. Attorney Buzak concurred with Manager Lovell’s recommendation and asked the Council to approve the execution of the first supplement to the Memorandum of Understanding, which is consistent with the spending plan.

Councilman Loveys asked if the Township was spending more on the project.

Manager Lovell explained that remediation is more significant than was initially envisioned, and it would better serve Randolph if the dollars collected in Randolph were invested in Randolph, and not invested somewhere else.

Councilwoman Mitsch asked if all the money in that trust fund would be used or if there would be money left over.

Manager Lovell stated that the plan is fully funded, the language was written to ensure that what the Council wanted to see was protected. The Council did not want any obligation to raise dollars in the future, therefore, real dollars were dealt with in allocating the plan.

Deputy Mayor MacArthur asked for clarification on what was actually being approved since the Council already approved of the spending of the funds for this project. He also asked Attorney Buzak exactly what needed to be done at this meeting.

Manager Lovell replied that the Governor’s Office announced that the Council On Affordable Housing’s spending plan does not necessarily protect these dollars. However, this Memorandum of Understanding allows Mike Soccio to encumber these funds and place them in a trust account designated for Habitat for Humanity. Attorney Buzak stated that what should be done is to approve the form of Memorandum Of Understanding that was sent to Habitat for Humanity with minor, non substantive changes because there were a couple of name changes, and grammatical changes that need to be made.

Councilwoman Mitsch made a motion to approve Combined Action Item F. 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

NAYS: None

ABSENT: Mayor Guadagno

F. Amending Memorandum of Understanding—Habitat for Humanity to Redevelop E.A. Porter Site at 42 Bennett Avenue

R-191-12

WHEREAS, the Township of Randolph (“Township”) and Morris Habitat for Humanity (“Habitat”) entered into a Memorandum of Understanding, dated July 2, 2009 (“MOU”) with regard to the construction of certain affordable housing on property owned by the Township that would be conveyed to Habitat; and

WHEREAS, the parties desire to supplement said MOU to address, among other things, revisions in the financial support provided by the Township, the administration of certain affordability assistance contributions, and the availability of funds. 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 terms and conditions of a certain Agreement entitled “First Supplement to Memorandum of Understanding,” dated July 6, 2012, by and between the Township and Habitat, to be filed in the Office of the Township Clerk of the Township of Randolph, be and the same is hereby confirmed, ratified and approved by the Township, subject to any non-substantive minor changes that may be approved by the Township Manager and Township Attorney, provided that the financial contributions or other obligations are not changed as a result thereof.

2. The Mayor and Township Clerk are hereby authorized and directed to execute said First Supplement to Memorandum of Understanding, dated July 6, 2012, subsequent to the execution thereof by Habitat, and said officers, along with other officers, professionals, appointees and employees of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this resolution.

3. This resolution shall take effect immediately as set forth above.

Attorney Buzak asked that the Council pull Item G since Toll Brothers is substantially in deficit in their escrow account. He asked that the Council adopt this Resolution, but add the additional condition that it is subject to Toll Brothers fulfilling the $7,500.00 request of the CFO to replenish their escrow before any monies are released to them. This is specific to off-site water facilities, there is another performance bond for the on-site.

Councilwoman Veech made a motion to approve Combined Action Item G. 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

NAYS: None

ABSENT: Mayor Guadagno

G. Releasing a Performance Guarantee and Requiring a Maintenance Guarantee in the Amount of $10,337.25 from Toll Brothers Regarding Certain Off-Site Water Facilities

R-192-12

WHEREAS, The Ridge at Randolph, LLC, the predecessor in title to Toll NJ VI, LP (“Developer”), constructed certain off site water facilities within the public right of way of Pierson Hill Road in the Township of Randolph in accordance with the May 26, 2011 Developer’s Agreement of the Township of Randolph for the Provision of On and Off Site Water Facilities that was recorded on August 23, 2011 in the Morris County Clerk’s Office in Book 21868, Page 0356 (“Developer’s Agreement”); and

WHEREAS, the Off Site Water Facilities required by the Developer’s Agreement have been satisfactorily completed according to the Township Engineer; and

WHEREAS, the onsite water facilities have not been completed to date and, therefore, are not being accepted by the Township; and

WHEREAS, the Developer is entitled to the return of its performance guarantee in the amount of $315,480.00 ($31,548.00 in cash and $283,932.00 in a surety bond) and is subject to the posting of a maintenance guarantee in the amount of $10,337.25 at this time and is subject to the posting of an additional maintenance guarantee in the amount of $29,097.75 at the time that the onsite water facilities are complete and accepted by the Township.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being its Governing Body thereof, as follows:

1. The performance guarantee, in the amount of $315,480.00, posted by the Developer is hereby released subject to the posting of a maintenance guarantee in the amount of $10,337.25 in a form of security acceptable to the Township Attorney.

2. The Township shall hold the maintenance guarantee for the required two-year period.

3. The Developer shall post a maintenance guarantee in the amount of $29,097.75 at the time that the On Site Water Facilities are completed to the satisfaction of the Township Engineer, conveyed to the Township of Randolph by a requisite Bill of Sale, and accepted by the Township by ordinance.

4. The Mayor and Township Clerk together with all other appropriate officers and employees are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

5. This Resolution shall take effect immediately.

DISCUSSION ITEMS

(A) Public Smoking

Councilwoman Veech explained that Health Officer Mark Caputo researched other surrounding towns to determine if they have bans on smoking on public grounds, in parks, and at athletic fields. She asked her fellow Council members if banning smoking on public grounds in Randolph was something we should consider.

Manager Lovell gave a brief history of this issue and explained that there were two major concerns in the past; the first was that one person’s rights begin stepping on another person’s rights, and the second is one of enforcement. The Manager felt that the Police Department has more important ordinances to enforce with a limited number of officers. He also felt that neither the Health Department nor the Recreation Department would be enforcing such an Ordinance. Manager Lovell stated that you then have an Ordinance that allows you to post signs around the town, but there will not be physical enforcement. He stated that there is an obligation to enforce laws once they are created.

Councilman Loveys agreed with the concerns outlined by Manager Lovell and added that he is in the parks often and doesn’t recognize it as an issue. He felt that instead of an Ordinance being created and not enforced, an announcement could be made at events requesting attendees refrain from smoking.

Councilmen Napoliello and Obremski, Councilwoman Mitsch, and Deputy Mayor MacArthur agreed with Manager Lovell and Councilman Loveys’ concerns regarding enforceability of such an Ordinance and all stated that they would not support such an Ordinance.

(B) Head Concussion Injuries and Survey

Manager Lovell reported that the Board of Health expressed concern about mandatory concussion testing in the schools. In a survey provided to the Council, they indicate that in all the districts except for Randolph, the testing is done by the district and in Randolph it’s done by a third party. They also have shown that the majority of towns have mandatory testing where Randolph has voluntary testing. The Manager explained that in the past the Board of Health made a request to the Board of Education regarding mandatory concussion testing, and as a result there was a meeting of the liaison committee of the Board of Education and the Town Council. The Board of Education asked what was being done in the Township recreation programs. Manager Lovell had asked Russ Newman, Director of Parks and Recreation, to attend the Council meeting to report what is currently done in the recreation programs.

Russ Newman reported that the Recreation Department has met with the Board of Health on several occasions to address this issue. There was a concussion training sponsored by Overlook Hospital offered free to the coaches, and approximately 95 attended. There is also the opportunity to have impact testing offered free to the recreation participants. Russ stated that the recreation program and the school program are very different programs, the high school has approximately 400 athletes per season, and the recreation program has anywhere from 1,500 to 3,500 athletes per season. Russ further stated that there would need to be accountability for the testing; know who is eligible, who has completed it, and then the need follow up with the participants. Lastly, the high school has a paid trainer to administer the test as well as paid coaches at each of the levels.

The following questions were raised by the Council members and answered, for the most part, by Russ Newman:

• Q: I thought there was an age in which the testing would be appropriate. A: Manager Lovell stated that he believed the cusp of the age was in junior high school; the teenage years are when the testing is applicable.
• Q: What was it that was free of charge, impact testing? A: There is training for the coaches through Atlantic Health. They have also set up a Randolph Recreation account that the program participants can go on and register and take an impact test at no cost.
• Q: How is the impact testing done, participants don’t have to go to Atlantic Health? A: No, it is an online test. Russ reported that in the letter drafted by the Board of Health, they indicated that the testing should be done by the Board of Education and not through an outside organization as it is currently. The Board of Education also indicated that the impact testing should not be administered by volunteer coaches, but that it should be administered by paid trainers at the high school. Russ noted that all of the coaches in the recreation programs are volunteers.
• Q: Please clarify what the volunteers would be administering. A: The way the system is currently set up the impact testing is run through the Ram RAC booster club at the high school which is an outside organization.
• Q: What is it that you’re advocating for the Recreation programs? Would you say the program is currently where you think it should be and the Recreation Department doesn’t have the capability to take it to a higher level program? A: Not to administrate the program, the focus of the Recreation Department is to educate and train the coaches to recognize the signs of concussion.
• Q: If a coach recognizes a potential concussion, what prevents a child from returning to the recreation program too early, is it left up to the parent to clear the child or would a physician need to give clearance? Is anything given to the parent about concussions? A: The protocol is for coaches to be better trained and to inform the parent of the possible concussion. The child should not return until he is cleared by a physician. There are resources available through the Center for Disease Control, and the Recreation Department can make that information available to parents.

Deputy Mayor MacArthur asked Councilwoman Veech for clarification from the Board of Health meeting as to whether the emphasis was on the district programs and the recreation programs or specifically the district athletic program.

Councilwoman Veech responded that the emphasis was on the high school programs. The Board of Health wants to make the testing mandatory instead of voluntary, change from third party to district, and eliminate the $10 fee. The Board of Health wants the Council to support their recommendation and also requested that when the Council meets with the Board of Education, to discuss the fact that Randolph is not in line with other districts’ policies.

Councilwoman Mitsch stated that she understood the problem with the number of participants in the recreation programs, but she would like to find out what other towns are doing in their recreation programs as far as concussion testing.

In conclusion, it was decided that a liaison meeting with the Board of Education will be scheduled over the summer. A discussion regarding the concerns of the Board of Health as well as the chart showing the policy in other towns will be shared. The Council members will report back at a future Council meeting. Manager Lovell asked Russ to follow up with the other towns to determine their policies for their recreation programs.

(C) Student Liaison Appointments—Various Committees

Deputy Mayor MacArthur reported that two students actively courted liaison positions; Garrett Steele to the Parks Committee, and Jacquelyn Kapinos to the Landmarks Committee.

Councilman Obremski made a motion to approve two student liaisons. Councilman Napoliello seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Veech
Mayor Guadagno

Manager Lovell stated that Township Clerk, Donna Luciani, will send an appointment notice to them, advise them of the first meeting, and advise the Chairperson of each committee of the student’s appointment. The students must also come into the Municipal building and be sworn in. Deputy Mayor MacArthur stated that he will call both students to let them know of their appointments.

(D) Banner Ordinance

Manager Lovell reported that a request for a banner permit by the Rotary for their Touch a Truck event was denied. The Ordinance and the permit language clearly state that the banner can only be placed on the premises on which the event is to be held; this event was to be held in Roxbury. Barrie Krause instructed them that they could place the small signs in Randolph, but there was not enough time since the event was approaching. Barrie identified two issues in the Banner Ordinance that she asked Manager Lovell to look at since she felt they may need to be reconsidered. The first issue deals with multi-tenant complexes and the second issue deals with banners for the Randolph Sales Days. In complexes that have a number of tenants, if one gets a permit for 30 days, no one else in that complex can get a permit for the next 30 day period. Barrie suggested reducing that period for banners from 30 days to 15 days so everyone in a multi-tenant complex has the opportunity to have banners; she also suggested allowing multiple banners as long as they are 100 feet apart. In the past, banner permits have been waived and leniency has been given for banners up during the September Randolph Sales Days; however, Barrie said that businesses tend to put up banners announcing sales. She suggested that in order to be in compliance during that time, businesses should have to have “Randolph Sales Days” on the banner and their advertisement below. Manager Lovell stated that the Randolph Sales Days have not been very successful in the past, and are never going to be a success if they are not announced throughout the community.

Deputy Mayor MacArthur clarified that the reduced period for banners was specific to multi-tenant complexes and single tenants would remain at 30 days.

Councilwoman Mitsch suggested that the issue regarding the Randolph Sales Day be brought to the Economic Development Committee and inform them of the suggestion made by the Zoning Officer.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road felt that the voluntary request to refrain from smoking on public property was not sufficient. She stated that she had tried to get a copy of an Ordinance that the County of Warren has about not smoking on the public property, but was unable prior to the Council meeting.

Councilman Obremski stated that he would get a copy of the Warren County Ordinance and distribute copies to the Council members.

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

COUNCIL AND MANAGER COMMENTS

Manager Lovell stated that they will come out of Executive Session with one tax appeal.

EXECUTIVE SESSION

Councilwoman Mitsch made a motion to move into Executive Session at 8:45 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Veech
Mayor Guadagno

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

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

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

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

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

A. Litigation Settlement Proposal
B. Potential Litigation—Site Remediation
C. Personnel—Contract Negotiations
D. Tax Appeal Settlement
E. Change of Counsel—Ongoing Litigation—Second Resume

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

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

NAYS: None

ABSENT:
Councilwoman Veech
Mayor Guadagno

Councilwoman Mitsch made a motion to approve the resolution discussed in Executive Session regarding the settlement of the tax appeal of Bilange, LLC. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Veech
Mayor Guadagno

Resolution Authorizing the Settlement of Certain Commercial Tax Appeals

R-207-12

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

; and

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

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

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

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

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

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

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

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

ADJOURNMENT

Deputy Mayor MacArthur adjourned the meeting at 9:45 p.m.

____________________
Donna Marie Luciani
Township Clerk