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

Minutes: June 2, 2011

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Mitsch. 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
Mayor Mitsch

ABSENT: Deputy Mayor Guadagno

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

Mayor Mitsch led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that it is very hard to hear the Council over the sound of the fans.

Lee Whilden, 82 Radtke Road, noted that Deputy Mayor Guadagno gave a very moving speech at the VFW Memorial Day ceremony and it meant a great deal to those who served in the military. Mrs. Whilden stated that she has been watching the Grecco development on Route 10 and that it is the smoothest and best progression of a large development that she has seen in a long time.

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

COUNCIL AND MANAGER REPORTS

Councilman MacArthur reported that the Senior Olympics will be held on June 8. The Councilman asked in a recent memo to the Council that the EA Porter project be put on an agenda for discussion at a future meeting. He has concerns about the costs associated with the project that could total as much as $4.5 million for 25 units of housing. The Councilman asked again if the land could be sold on the market after clean up takes place. He has not drawn any conclusions about the project, but he believes the project is worth discussing again.

Manager Lovell responded that he welcomes a discussion regarding this project. However, he noted that the Township has tried twice to sell the property without success. The Manager reiterated that Randolph’s costs are capped at $1.125 million in this project, not including the value of the land.

Councilman MacArthur asked if that $1.125 million includes the cost of clean up.

Manager Lovell responded that the capped costs include the cost of clean up.

Manager Lovell reported that the Health Department is working on a mass immunization exercise in conjunction with Roxbury. Randolph’s exercise will be June 12 from 12:30 p.m. to 2:00 p.m. at a parking lot in the Gateways apartment complex.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #08-11: Residential Development Fees for Low and Moderate Income Housing

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.3, RESIDENTIAL DEVELOPMENT FEES FOR LOW AND MODERATE INCOME HOUSING, OF ARTICLE VI, ADMINISTRATION, ENFORCEMENT AND FEES, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance will establish the residential development fee at 1.5 percent and the non-residential development fee at 2.5 percent. During the Corzine Administration, development fees were waived for commercial development for a period of time. Those fees will be re-implemented with this ordinance. The fees go toward the housing trust fund which is used to meet Randolph’s COAH obligations.

Ms. Gallo noted that the Planning Board has reviewed this ordinance at their May 16 meeting and has found that the ordinance is not inconsistent with the Master Plan and looked favorably upon the ordinance.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-91.3, RESIDENTIAL DEVELOPMENT FEES FOR LOW AND MODERATE INCOME HOUSING, OF ARTICLE VI, ADMINISTRATION, ENFORCEMENT AND FEES, OF THE LAND DEVELOPMENT ORDINANCE OF 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.

Councilman Obremski made a motion to adopt 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
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

(2) Ordinance #09-11: Bond Ordinance in the Amount of $874,000.00 Funding the 2011 Road Overlay Program and Equipment Acquisitions

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $874,000.00 THEREFORE, AND AUTHORIZING THE ISSUANCE OF $412,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance breaks down into two separate projects, the Road Overlay Program and the purchase of equipment for the Department of Public Works. Typically with these projects notes are issued for several years and they are paid off very quickly.

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, asked about the $412,000.00 figure.

Manager Lovell responded that $412,000.00 would be raised through the issuance of notes.

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

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $874,000.00 THEREFORE, AND AUTHORIZING THE ISSUANCE OF $412,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

(3) Ordinance #10-11: Capital Ordinance in the Amount of $382,700.00 Funding Route 10/Mt. Pleasant Waterline Replacement, Equipment Acquisitions, Financial System Acquisition, Parks/Trails Improvements, and the Cohn Farm Remediation Project

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2011 CAPITAL IMPROVEMENTS APPROPRIATING $382,700.00 THEREFORE, INCLUDING $195,700.00 FROM THE CAPITAL IMPROVEMENT FUND, $164,000.00 FROM THE DEDICATED OPEN SPACE/RECREATION TRUST FUND, AND $23,000.00 FROM CAPITAL SURPLUS” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this is a cash ordinance that will cover several projects listed in the title. All of the projects will be funded in cash which comes from various sources, including the water fund, the sewer fund, the open space/recreation fund, and the general fund of the Township.

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, asked if this draw down of cash will leave the Township unprepared for emergencies.

Manager Lovell responded that the Township is prepared for emergencies.

Seeing no one further from the public, 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 $382,700.00 THEREFORE, INCLUDING $195,700.00 FROM THE CAPITAL IMPROVEMENT FUND, $164,000.00 FROM THE DEDICATED OPEN SPACE/RECREATION TRUST FUND, AND $23,000.00 FROM CAPITAL SURPLUS” 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 Algeier asked if there was anything on the market that could be placed within the water system that would detect a leak and thus avoid a huge loss of water like was sustained in the leak Randolph experienced this past winter.

Manager Lovell responded that typically there are devices that can detect a leak in a water system. The leak that was experienced last winter was unusual in a variety of ways. In the future, if a leak is suspected a leak detection company will be called in immediately to begin going through an audit of the system. In the meantime, the Manager will ask the Township Engineer if an alarm system could be built into the program and report his findings back to the Council.

Councilman MacArthur asked if the water leak from last winter would have been covered by insurance.

Manager Lovell responded that he will ask that question and let the Council know.

Councilman Napoliello asked if a special inspection vehicle was being purchased.

Manager Lovell responded that currently a number of inspection vehicles are no longer worth repairing so new ones are needed. The fleet has been greatly downsized and is now shared among the staff.

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
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

(4) Ordinance #11-11: Amend Sussex Turnpike Sewer Improvement Adding $200,000.00 for a New Total of $800,000.00

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 11-10 ENTITLED AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2010 CAPITAL IMPROVEMENTS AND PROVDING A SUPPLEMENTAL APPROPRIATION OF $200,000.00, THEREFORE, INCLUDING $100,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND $100,000.00 FROM CAPITAL SURPLUS FOR MT. FREEDOM/SUSSEX TURNPIKE SEWERS” be read by title on second reading and a hearing held thereon.

Manager Lovell noted that this project had gone out to bid and all bids came in excess of the budget. The project is now out to bid again and includes a day time construction option and a night time construction option, as suggested by Councilman Loveys. The Manager is hopeful that the new bids will not be as high as what is listed in this ordinance, however it was felt that an additional $200,000.00 from the water fund and capital surplus should be set aside so that this project can get underway as quickly as possible before the County does work on Sussex Turnpike.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 11-10 ENTITLED AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2010 CAPITAL IMPROVEMENTS AND PROVIDING A SUPPLEMENTAL APPROPRIATION OF $200,000.00 THEREFORE, INCLUDING $100,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND $100,000.00 FROM CAPITAL SURPLUS FOR MT. FREEDOM/SUSSEX TURNPIKE SEWERS” 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 Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

(5) Ordinance #12-11: Amend Salary and Wage Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 16-09 ENTITLED ’AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’ SUBSEQUENTLY AMENDED BY ORDINANCE NO. 27-09 AND ORDINANCE NO. 23-10” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that several titles will be created and others deleted with this ordinance. Part of this process will help Randolph to move to a police department where more administrative work is done by civilian employees as opposed to being done by police officers. A new title of Assistant Director of Parks, Recreation and Community Services will be created, and the Manager noted that he has already interviewed and extended a job offer for this position.

The Mayor opened the meeting for public hearing.

Lee Whilden, 82 Radtke Road, asked if this ordinance covers John Van Brunt’s replacement.

Manager Lovell responded that a recruitment process has already been undertaken for Mr. Van Brunt’s position and Russ Newman has been named as the new Director of Parks, Recreation and Community Services. This new title of Assistant Director will provide for a second-in-command in Mr. Newman’s absence.

Mrs. Whilden asked about the elimination of the Telecommunicator positions within the police department.

Manager Lovell responded that Randolph now has contracted with Morris County 911 for radio communications so there is no longer a need for Telecommunicators. He noted that several of our employees were subsequently hired by the County.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 16-09 ENTITLED ’AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH’ SUBSEQUENTLY AMENDED BY ORDINANCE NO. 27-09 AND ORDINANCE NO. 23-10” 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 MacArthur asked the Township Manager if the changes to the police department covered by this ordinance will meet their administrative needs for the foreseeable future.

Manager Lovell responded that these changes will help to meet the administrative needs with a significant savings, however it does not yet complete the long term transition he hopes to achieve in the police department. The Manager anticipates returning to the Council at some point in the future to discuss further steps that can be taken to civilianize positions where savings can be achieved.

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

B. Introduction

(1) Special Emergency Authorization—Accumulated Retirement Leave

Manager Lovell stated that each year $125,000.00 is put into the budget to be used against retirements to pay for accumulated vacation and sick time, both of which by ordinance are capped. Randolph will be experiencing a number of retirements within the next several months and there are several more employees eligible to retire at any time. This ordinance will allow Randolph to manage that bubble without having to increase the annual budget beyond that $125,000.00 contribution and will make cash available now. This ordinance will become a tool for Mr. Soccio to achieve stability over a several year period. A list of retiring employees has been distributed to the Council.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION N.J.S.A. 40A:4-53 FOR THE PAYMENT OF ACCUMULATED VACATION AND SICK TIME AT RETIREMENT” 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 7th of July, 2011, at 8:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

Councilman MacArthur asked if the numbers on the scheduled emailed by the Manager is a combination of sick and unused vacation days.

Manager Lovell responded that those numbers are unused sick and vacation days. Employees are allowed to carry a maximum of two years of vacation at any given time on the books.

Councilman MacArthur asked if that policy is a town policy or if it is in the various employment agreements, if this policy is typical in other towns, and what the common policy is on sick days.

Manager Lovell responded that the policy is in the handbook and the employee agreements as well. Most towns limit the amount of vacation an employee can carry, and Randolph tends to be at the lower end of the spectrum. Regarding sick time, since 1999 or 2000 sick time has been capped depending on years of service. Typically Randolph does not have the types of pay outs that have been seen in other towns in New Jersey. The Manager noted that there has been a recent court ruling which indicates that a town can not take away what an employee has already earned.

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 MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

(2) Capital Ordinance—Storm Water and Sewer Infiltration Study

Manager Lovell noted that both of these activities are proactive measures. The stormwater outflow repairs are required under Randolph’s storm license permit issued by the NJ DEP and the infiltration inflow study is critical to the sewer system to look for leaks.

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 introduced and read by title by the Township Clerk and passed on first reading.

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

(3) Amending Land Development Ordinances—Outdoor Dining

Manager Lovell noted that this conversation has been ongoing for several weeks and was initiated by a letter filed with the Township regarding the Pizza Pub application now pending before the Planning Board. Recent questions from residents and Council members touched on the lack of an enclosure for the dumpsters at the Pizza Pub. In researching the issue, the Manager has learned that approval for the Pizza Pub dates back to 1985 and he is unsure of why the site plan that was approved was never fully implemented. The applicant is in front of the Planning Board at this time and the Manager suggests allowing the Board to make a determination on the application rather than requiring the Pizza Pub to relocate the dumpster pad and put a fence in. If the owner is granted approval on his current application, he can rebuild the site plan according to the new requirements that are placed on him by the Planning Board.

A number of properties in Randolph have been identified where the Planning Board has approved outdoor dining over the course of years. Under current zoning law, the Board of Adjustment should have been the authority to grant approval for outdoor dining. Manager Lovell suggested making approval a Planning Board function in the B zones and that ordinance is what is before the Council this evening.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-27.2.B, 15-27.4, 15-27A.2.B, 15-27A.4, 15-28.2.B, 15-28.4, 15-29.2.B AND 15-29.4 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be introduced and read by title by the Township Clerk and passed on first reading.

Councilman Algeier made a suggestion to divide the proposed ordinance and introduce two ordinances separately. One ordinance would be for all of the B zones except the B1 neighborhood zone, and the second ordinance would be for the B1 neighborhood zone only.

Mr. Buzak agreed with Councilman Algeier’s suggestion to split the ordinance as he recommended. Mr. Buzak noted that the ordinances can be introduced this evening since they are introduced by title only.

Councilman Algeier made a motion to introduce Ordinance 15-11 which is to be considered amended by removing Section 15-26.2.B and 15-26.4 from the ordinance presented this evening. Councilman Obremski seconded the motion.

Mayor Mitsch asked if the Planning Board will be reviewing the proposed ordinances to determine whether or not they are consistent with the Master Plan.

Mr. Buzak responded that the Planning Board will review the two ordinances before the next Council meeting.

Manager Lovell noted that all impacted property owners within the zones and within 200 feet of the zones will be contacted regarding the ordinance and hearing.

Councilman Obremski asked if restaurants who currently operate outdoor dining will have to appear before the Planning Board for a new approval.

Mr. Buzak responded that he will have to look into that issue and get back to the Council.

Manager Lovell noted that, while some restaurants have been operating under the belief that they had been granted approval, other restaurants have never come before the Planning Board to obtain approval. While the Manager is also unsure of how to proceed with those who sought approval previously, those who have never sought approval will be identified and notified that they must now go before the Planning Board for approval.

Councilman MacArthur noted that he would rather not require those businesses who believe they have approval to come before the Planning Board and have to spend more money needlessly. The Councilman asked if the proposed ordinance refers to grandfathering those businesses.

Mr. Buzak responded that this ordinance is of an unusual nature in regards to grandfathering. Typically an activity could be grandfathered if it had been previously permitted and the township was now prohibiting that activity. In this case, the activity is being conducted but is not authorized and the township is enacting an ordinance effectively legitimatizing it. Mr. Buzak will research the issue.

Councilman Algeier suggested first determining if the proposed ordinances will be adopted and then try to figure out how to assist those businesses who, in good faith, have been operating for many years with the Planning Board’s approval.

Mayor Mitsch asked what would happen to those businesses that are currently operating under the impression that they have been abiding by the rules if the ordinances are not adopted.

Mr. Buzak responded that most likely notices of violation would be sent and they would then have the opportunity to go before the Board of Adjustment for variance approval. For those businesses that would elect to not go before the Board of Adjustment for approval, the case would proceed through the municipal court process and be subject to fines.

The following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

(4) Amending Land Development Ordinance—Outdoor Dining

Councilman Algeier made a motion to introduce Ordinance 16-11, similar to Ordinance 15-11 but removing all of the sections except 15-26.2.B and 15-26.4 and referencing the change of the zoning for those two paragraphs.

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 and read by title by the Township Clerk and passed on first reading.

Mayor Mitsch asked if fines for those businesses in violation would continue to apply as owners go through the Board of Adjustment process.

Mr. Buzak responded that there is a statutory provision that says if a property owner is subject to a zoning violation and is before the Board of Adjustment, all proceedings are stayed pending the outcome of the Board of Adjustment.

Councilman MacArthur seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

COMBINED ACTION RESOLUTIONS

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

A. Refund/Adjustment Resolutions

(1) Refund Outside Tax Sale for 1574 Sussex Turnpike to US Bank for Pro Capital—$42,253.11

R-137-11

WHEREAS, Outside Tax Sale Certificate #1923 held by US Bank for Pro Capital, assessed to N & G Properties, Block 5, Lot 9, 1574 Sussex Turnpike; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $42,253.11.

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 $42,253.11 to US Bank for Pro Capital, holder of Tax Sale Certificate #1923.

(2) Refund Outside Tax Sale for 49 Mac Spar Drive to Crusader Lien Services—$40,431.99

R-138-11

WHEREAS, Outside Tax Sale Certificate #1875 held Crusader Lien Services, LLC, assessed to Bolcato, Silver, & Stewart, Block 55, Lot 6, 49 Mac Spar Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $40,431.99.

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 $40,431.99 to Crusader Lien Services, holder of Tax Sale Certificate #1875.

(3) Refund Outside Tax Sale for 13 Boyd Lane to Lien Times, LLC—$60,210.15

R-139-11

WHEREAS, Outside Tax Sale Certificate #1879 held by Lien Times, L.L.C., assessed to Glenn Centi, Block 133, Lot 6.01, 13 Boyd Lane; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $43,610.15, and premium in the amount of $16,600.00.

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 $60,210.15 to Lien Times, L.L.C., holder of Tax Sale Certificate #1879.

(4) Refund Escrow for Block 112, Lot 9, to Metro PCS New York, LLC—$130.00

R-140-11

WHEREAS, the Planning and Zoning Department received escrow funds from Metro PCS New York, LLC, Block 112, Lot 9, in the amount of $5,500.00; 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 $130.00 be refunded to Metro PCS New York, LLC, 5 Skyline Drive, Hawthorne, NY 10532.

(5) Release Road Opening Cash Bond for 27 Lake Shore Drive South to Mark Cacciacarne—$500.00

R-141-11

WHEREAS, the Engineering Department has received a request from Mark Cacciacarne for the release of a $500.00 cash road opening bond posted for the replacement of an existing driveway at 27 Lake Shore Drive South, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on April 12, 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Mark Cacciacarne, 27 Lake Shore Drive South, Randolph, NJ 07869.

(6) Release Police Detail Escrow Funds for the St. Andrews Greek Orthodox Church ($765.00) and Randolph Soccer Club ($2,160.00)

R-142-11

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

WHEREAS, the Detail work has been completed.

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

St. Andrews Greek Orthodox Church $ 765.00
Randolph Soccer Club $2,160.00

(7) Release of Maintenance Guarantee for Sewer Improvements at 961 Route 10 to Chet Moscow, RIC Associates—$14,051.00

R-143-11

WHEREAS, Maintenance Bond No. 6384642 issued by Safeco Insurance Company in the amount of $14,051.00 was posted by RIC Associates to serve as the Maintenance Guarantee for the sewer line installation at the Randolph Business Campus; and

WHEREAS, the sewer main has been inspected and no additional maintenance is required; and

WHEREAS, the Engineering Department has inspected the line and found that the Sanitary Sewer Improvements have been satisfactorily completed and is recommending the release of the Maintenance Guarantee.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that Maintenance Bond No. 6384642 in the amount of $14,051.00 be released to Mr. Chet Moscow, RIC Associates, 1140 Globe Avenue, Mountainside, NJ 07092.

(8) Release Escrow Funds for Block 172, Lot 4, to Joseph Nazzaro for $378.00 (90% of the Application Fee) and Remaining Escrow Funds of $1,000.00 Plus Interest

R-144-11

WHEREAS, the Planning and Zoning Department received an application fee and escrow funds from Joseph P. Nazzaro for Block 172, Lot 4; and

WHEREAS, the applicant has withdrawn its application prior to public hearing and is requesting a refund of the application fee in the amount of $378.00 (90 percent of original application fee), and remaining escrow funds in the amount of $1,000.00 plus interest.

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 application fee $378.00 ( 90% of original application fee) and remaining escrow funds in the amount of $1,000.00 plus interest be refunded to Joseph P. Nazzaro, 10 Misty Mountain, Randolph, NJ 07869.

B. Authorizing Mayor to Sign Agreement With NJ State for Randolph To be Paid $5,000.00 to Perform State Local Housing Inspections In 2012

R-145-11

WHEREAS, the Township wishes to enter into an agreement with the State of New Jersey, Department of Community Affairs; and

WHEREAS, the Township agrees to conduct State mandated inspections of hotels and multiple dwellings within its jurisdiction on behalf of the Bureau of Housing during Fiscal Year 2012; and

WHEREAS, the State agrees to pay the Township a sum of $5,000.00 for this service.

C. Establish a Change Fund for Randolph Beach in the Amount of $200.00

R-146-11

WHEREAS, the Recreation Department has requested a Change Fund for the Randolph Beach in the amount of $200.00; and

WHEREAS, it is recommended by the Director of Finance that a change fund be created for the Randolph Beach in the amount of $200.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to create a Change Fund for the Randolph Beach in the amount of $200.00.

D. Authorizing Sale of Surplus Personal Property No Longer Needed For Public Use on Online Auction Website

R-147-11

WHEREAS, the Township of Randolph is the owner of the vehicles attached herein and surplus equipment which are no longer needed for public use and authorizes sale pursuant to NJSA 40A:11-36 to the highest bidder; and

WHEREAS, the Township will also include the sale of tangible personal property found or recovered by the Randolph Police Department and surplus equipment pursuant to NJSA 40A:14-157 to the highest bidder; and

WHEREAS, the Local Unit Technology Program and Study Act (PL 2001, c. 30) authorizes the sale of surplus personal property no longer needed for public use through the use of an online auction service; and

WHEREAS, Randolph Township will be utilizing the online auction services of USGovbid Government Surplus located at www.usgovbid.com; and

WHEREAS, the sales are being conducted pursuant to the Division of Local Government Services Local Finance Notices 2008-9 and 2008-21;

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

1. The Township hereby declares the tangible personal property and surplus equipment is no longer needed for public use.

2. The Township and its officers are hereby authorized and directed to take any and all steps necessary to proceed with a public sale of said vehicles and surplus equipment in “as is” condition with full disclosure of all deficiencies known to the Township.

3. The notice of the date, time, and place of the public sale, together with a description of surplus equipment and the conditions of sale, shall be published in the Daily Record with the date being held not less than seven (7) and not more than fourteen (14) days after publication of said notices utilizing the online auction services of USGovbid Government Surplus located at www.usgovbid.com; and

4. No limit shall be placed on the number of surplus items or vehicles that can be purchased by one bidder.

5. The Township shall retain the right to reject all bids.

6. This resolution shall take effect immediately.

E. Rescind Portion of MCCPC Contract for Sporting Goods for Football Equipment to Pyramid School Products

R-148-11

WHEREAS, the Township of Randolph authorizes the rescission of a portion of Pyramid School Products’ contract for Item #20b in Category A (Football Equipment) of MCCPC Contract #20-B (Sporting Goods); and

Category A: Football Equipment
Item #20b: Game footballs, Wilson F1382 @ $24.64/each

WHEREAS, Pyramid School Products was awarded various items in Contract #20-B (Sporting Goods) on July 1, 2010, but is unable to hold their pricing for the remainder of the contract period expiring June 30, 2011, for Item #20b due to substantial increases in the industry; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that a portion of the Pyramid School Products contract for Item #20b in Category A (Football Equipment) of MCCPC Contract #20-B (Sporting Goods) be rescinded for not holding their pricing for the remainder of the contract period expiring June 30, 2011.

F. Authorize Purchases From State Contract M0483

R-149-11

WHEREAS, the Township of Randolph utilizes New Jersey State Contract M0483 for WSCA Computer Contract from various vendors; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $100,000.00.

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 to purchase from New Jersey State Contract #M0483 using various vendors as needed for all departments in the township.

G. Raffles

(1) Off-Premise 50/50, PTO Randolph Council, Inc., December 12, 2011, 10:00 a.m., at Center Grove School, 25 School House Road, Randolph

(2) Off-Premise 50/50, Kiwanis, July 7, 2011, 7:00 p.m. at Randolph Diner, Center Grove Road, Randolph

(3) Amusements, Kiwanis, Freedom Festival for June 30, July 1, and July 2, 2011, at County College of Morris, Center Grove Road, Randolph

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked if smoking would be permitted at those restaurants that offer outdoor dining and would like an answer to her question before the ordinances come up for adoption. Mrs. Stewart once again urged the Council to consider an ordinance prohibiting smoking on public property, especially when children are present.

Lee Whilden, 82 Radtke Road, asked about outdoor dining in restaurants.

Mr. Buzak responded that there have not been any provisions in the ordinances permitting outdoor dining specifically, however there have been actions by the Planning Board over the last two or three decades where approvals for outdoor dining have been routinely granted. The issue was brought to the Council’s attention and they are now attempting to correct the process.

Maryann Spagnuolo, 14 Walnut Street, asked the following questions:

How many restaurants in town currently operate outdoor dining (a survey has not been completed yet of all of the restaurants)
Will the survey be done (the Health Department is currently identifying all establishments that have outdoor dining and will be done in concert with their quarterly inspections as opposed to special inspections)
When will that happen (inspections will be ongoing over the course of months)
Is there any idea of how many had approval versus restaurants that did not seek approval (no)
Will that information be obtained (once a property is identified as having outdoor dining, staff will do research to determine if approval was granted or not)
If a restaurant has been operating outdoor dining without approval, are they in violation of the ordinance (currently they are technically in violation of the ordinance)
If a restaurant is currently in violation of the ordinance, why will they be allowed to continue while this process is ongoing (if the outdoor dining had been a problem, an ordinance would have been adopted prohibiting it)
Will traffic studies be a part of the overall approval process for the various projects in that area of town (the Planning Board deices if special studies are required at the site)
Will there be any structural inspections of decks or patios at restaurants who have outdoor dining (yes, several departments and entities are a part of the approval process)

Manager Lovell noted that the business community is a vital part of the community and the Township tries very hard to work with business owners to gain compliance before going through the process of issuing notices of violation or summonses.

Joe Burke, 10 Ironia Mendham Road in Chester, noted that he had sent an email on May 28 regarding a tent violation at the Pizza Pub and was asking for a response to that email.

Manager Lovell responded that the Pizza Pub was acting in violation.

Mr. Burke asked if the Pizza Pub had been issued a notice of violation.

Manager Lovell responded that the Township will be working with the Pizza Pub to gain full conformance to their site plan. If their current application before the Planning Board is denied, Pizza Pub will be expected to comply with the schedule that was previously approved. Typically the Zoning Officer will send a letter reminding them of what their approvals allow them to do.

Lee Whilden, 82 Radtke Road, asked if the Township still provides a life insurance policy to the volunteer fire fighters.

Manager Lovell responded that the Township does provide a life insurance policy to the volunteer fire fighters.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier asked if a recognition ceremony can be planned for Jack Schrier.

Manager Lovell responded that he is planning to reach out to his counterpart in Mendham to discuss animal control and will also discuss plans to recognize Mr. Schrier.

Councilman Algeier asked how things are working out in the police department now that it is no longer open all day.

Manager Lovell responded that he will discuss this with the Chief since he has not gotten any feedback as yet.

Councilman Algeier asked if the NJ DOT has done any adjustments to the timing of the traffic light on Dover Chester Road and Route 10.

Councilman Obremski responded that the NJ DOT has not done any work there as yet. He will discuss this issue at the next Traffic Advisory Committee meeting and follow up with the NJ DOT.

Councilman Obremski stated that the Council did receive several resumes from individuals interested in serving on the Municipal Alliance Committee. Mary Alice Thomas will serve as the school liaison and Kurt Edelman will serve as the police liaison.

Councilman Obremski made the following nominations to the Municipal Alliance Committee:

Kimberly Garnett to serve as a regular member and chairperson
Michelle Polk to serve as a regular member
Dave Bratton to serve as a regular member
William Haney to serve as a regular member
Elizabeth Ritter to serve as a regular member
Nancie Ludwig to serve as an alternate member

Councilman Obremski noted that these terms will all expire on December 31, 2011.

Councilman MacArthur asked if there were any conflicts with him voting on the nominations since he is friendly with two of the individuals nominated.

Mr. Buzak responded that there is no conflict with Councilman MacArthur voting on the nominations.

Mayor Mitsch expressed concern that these individuals have all served on the Municipal Alliance Committee and there are no new people interested in serving on the committee.

Councilman Obremski responded that he is hopeful that things will improve within the MAC now that it is under the umbrella of the Council.

Mayor Mitsch appointed Councilman Obremski as the council liaison to the MAC.

Councilman Napoliello noted that he has an objection to the nomination for alternate member and suggested a different individual serve in that position.

There was no second to the motion made by Councilman Obremski.

Councilman Napoliello made a motion to nominate the above five people mentioned as regular members without assigning the alternate position at this time. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier*
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Mayor Mitsch

NAYS: Councilman Obremski

ABSENT: Deputy Mayor Guadagno

* Councilman Algeier stated that his vote should not to be considered a “no” vote toward Mrs. Ludwig. The nomination for the alternate position will be discussed at a future meeting.

Councilman MacArthur noted that the League of Municipalities has forwarded information regarding Assembly Bill 3285 which would require towns to attach their estimated costs to all bids $500,000.00 or more. The Councilman believes this bill would be detrimental to Randolph.

Manager Lovell concurred that the proposed bill is an awful idea for municipalities.

Councilman MacArthur asked if it would be worthwhile for Randolph to consider adopting the League’s model resolution asking towns to voice disapproval of Assembly Bill 3285.

Mr. Buzak responded that when the League is opposed to a bill and can demonstrate support of the municipalities, it does weigh on the Legislative mind.

Mayor Mitsch reported that a young veteran in town is in the process of trying to organize a march within Township limits in an effort to raise money for veterans and has asked to come before the Council to explain what he has in mind in order to obtain approval.

Manager Lovell responded that he will add that item to the next agenda.

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. 7 Phyllis Place Property
B. Center Road Property

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 MacArthur made a motion to move into Executive Session at 9:40 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman MacArthur
Councilman Napoliello
Councilman Obremski
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

Councilman Napoliello made a motion to return to Open Session at 10:10 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
Mayor Mitsch

NAYS: None

ABSENT: Deputy Mayor Guadagno

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 10:10 p.m.

_______________________________
Donna Marie Luciani
Township Clerk