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

Minutes: June 6, 2013

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor MacArthur. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 7, 2012, by e-mailing them the annual resolution adopted by the Council on November 29, 2012. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 13, 2012.

2. Roll Call

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

ABSENT: Councilman Napoliello

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

3. Mayor MacArthur led the Pledge of Allegiance

B. PRESENTATION

1. Randolph Library Expansion—Anita Freeman, Library Director

Anita Freeman reported the following:

There is a need for more meeting room space. Since 2002 the Library has been providing cultural programming for the community which was a specific request of the Township Council.
The meeting room is too small and the children’s room is very small. About 3 years ago the plan was to create a new room for children and turn the front room into a meeting room. The Town Council was approached & thought it was a great idea; however the estimate came back at 2 million dollars. Each of the parties thought the other party was going to pay, or help pay, for the expansion. The Library could have helped pay for it, but could not afford the full 2 million dollars.
Architect Tina Vaska was contacted. The new plan was to add a meeting room and renovate the adult area to provide more space.
The larger meeting room is needed to accommodate groups that come to the Library. People who haven’t pre-registered for programs are often turned away due to the limited space.

Tina Vaska provided details of the plan, which included the following:

The Library is currently about 15,000 square feet. It is undersized for the 26,000 residents & there should be about 26,000 square feet.
The design is an L shape. Based on the existing structure, the plan is to go out the back to expand on the existing floor space.
Randolph residents are the highest per capita borrowers in the County.
Programs are filled to capacity or overfilled.
She was asked to address the issue of how to limit children from having to walk through the whole library in order to get to their programs.
A summary of the budget was in the documents provided to the Council. The cost of the renovation is under $440,000.

Manager Lovell stated that the plan should go in front of the Planning Board for courtesy review.

Anita Freeman stated that the Library has the funds available for the project. She asked for the Council’s approval to add onto the Township’s building. She also asked that the Township handle the bid process.

Council members, Manager Lovell, Anita Freeman, and Tina Vaska discussed the specific details of the proposed addition.

Councilwoman Veech made a motion for the Council to support the new addition with courtesy review from the Planning Board. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

2. 2012 Municipal Audit

Mayor MacArthur introduced Bill Schroeder, an auditor from Nisivoccia.

Bill Schroeder presented the audit and management recommendations which included the following:

Randolph had another fantastic year, it is a quality organization, and is very fiscally responsible. The whole financial administration is to be commended, it was a quality job, and a quality audit.
Mr. Schroeder reported a very healthy fund balance, but as he does every year with municipalities, he cautioned about keeping an eye on how to replenish that from year to year.
The outstanding debt for the year went down about 1.6 million dollars from the prior year. He stated that the Township could statutorily borrow another $136,000,000 worth of debt, so it is very healthy in that area.
He again commented on the fixed asset accounting and reporting system which is a requirement by the State of New Jersey. He felt the value of that balance sheet to be negligible. What’s more valuable is to know where all the assets are.
He recommended that the Court Administrator keep an accurate analysis of cash for the regular court account. There have been some small variances from year to year, but this year it was up a little so he included it in the report. Mr. Schroeder stated that in the Court Administrator’s defense, the court is very much administered by the State of New Jersey, and when she got advice from the Township financial administration, she was reprimanded. He also felt that because the variance is formalized in this audit report and in the municipal court report that goes to the judge and to the State, that they act on this like they do any other recommendation and provide a corrective action plan through the State court system.

There was some discussion on specific items in the report.

3. Proclamation

Mayor MacArthur reported that he and Deputy Mayor Loveys attended a Holocaust Sefer Torah dedication held in Livingston for the Hebrew Academy where the Mayor presented them with a proclamation:

WHEREAS, the Hebrew Academy of Morris County first opened its doors in September of 1967 at the Morristown Jewish Center in Morristown; and

WHEREAS, the Hebrew Academy, in September of 1980 opened their new school campus on Dover Chester Road in the Township of Randolph; and

WHEREAS, the school with more than 400 alumni, has enriched the lives of hundreds of families, encouraging intellectual curiosity & inspiring lifelong learners, as well as drawing them closer to their Jewish heritage and bringing families together in life-long friendship; and

WHEREAS, Edward and Cecile Mosberg have acquired and are donating a Holocaust Sefer Torah to the Hebrew Academy in memory of the Mosberg and Storch families and the six million Jews who perished in the Holocaust; and

WHEREAS, Edward and Cecile Mosberg also make this donation in honor of their grandchildren who all attended The Hebrew Academy of Morris County.

NOW, THEREFORE, BE IT RESOLVED that all of Randolph joins with the families and friends of the Hebrew Academy of Morris County to honor and celebrate this momentous occasion and acknowledge the extraordinary generosity of the Edward and Cecile Mosberg.

Dated June 5, 2013 and signed by Mayor MacArthur

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

There was no Manager’s report.

E. COMBINED ACTION RESOLUTIONS

There was some discussion on Item 15, the Butterworth Pump Station. There is an existing storm water easement which needs to be modified. It is the only easement required for this project.

There was some discussion related to Item 24 regarding the Randolph Township water system and the Mendham Township water system.

Councilman Guadagno made a motion to approve the Combined Action Resolutions with the exception of Item #17. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

Councilman Guadagno made a motion to approve Item #17, the 2012 Audit. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

1. Authorizing Professional Services Agreement with Bob Michaels in Connection with the Highlands Conformance Planning Services—not to exceed $20,000

R-175-13

WHEREAS, the Township of Randolph (“Township”) requires planning services for the Highlands Implementation Plan tasks; 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 $20,000; and

WHEREAS, the contract with Robert Michaels and Associates is for a total amount not to exceed $20,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

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

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, 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:

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 Highlands Implementation Plan tasks.
Robert Michaels and Associates shall be compensated at the rates as provided in the Proposal for a total contract amount not to exceed $20,000.
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.
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.
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.
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.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 6, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2013 Highland Grant, to award a contract to Robert Michaels and Associates for Planning Services for the Highlands Implementation Plan Task in the amount not to exceed $20,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 02-213-41-725-300

2. Authorizing Mayor to Sign the Shared Services Agreement Enabling Randolph to Supply Rockaway Borough with Animal Control Services for 2013—$10,488.00

R-176-13

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

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2013.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Borough of Rockaway.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

3. Refund Overpayment of 2013 Taxes to Dovenhuehle Mortgage for 3 Shaws Farm Ct.—$3,827.04

R-177-13

WHEREAS, Dovenmuehle Mortgage, Inc. has overpaid 2013 taxes in the amount of $3,827.04, on Block 2, Lot 7.02, known as 3 Shaws Farm Court, assessed to Metro/Andrea Duda; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the payment of $3,827.04 to Dovenmuehle Mortgage, Inc.

4. Refund Outside Tax Sale Certificate #1936 for 805 Wendover Ct. to US Bank for Pro Capital—$3,814.06

R-178-13

WHEREAS, Outside Tax Sale Certificate #1936 held by U.S. Bank for Pro Capital I, LLC, assessed to Mahammad Shaikh, Block184, Lot 8.05, 805 Wendover Court; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,814.06.

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 $3,814.06 to U.S. Bank for Pro Capital I, LLC holder of Tax Sale Certificate #1936.

5. Refund Overpayment of 2013 Taxes for 99 Meadowbrook Road to Michael & Janine Jichetti—$2,805.36

R-179-13

WHEREAS, Michael/Janine Jichetti has overpaid 2013 taxes in the amount of $2,805.36 on Block 154, Lot 54, 99 Meadow Brook Rd. ; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,805.36 to Michael/Janine Jichetti.

6. Refund Overpayment of 2013 Taxes for 18 Willow Avenue to America’s Reverse Title—$1,801.47

R-180-13

WHEREAS, America’s Reverse Title overpaid 2013 taxes in the amount of $1,801.47 on Block 135 Lot 19, 18 Willow Avenue, assessed to Roger/Susan Frederick; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $1,801.47 to America’s Reverse Title.

7. Refund Road Opening Cash Bond for Water Connection at 93 Everdale Road to Ronald Ayre—$500.00

R-181-13

WHEREAS, the Engineering Department has received a request from Ronald Ayre for the release of a $500.00 cash road opening bond posted for the purpose of a water connection at 93 Everdale Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on March 1, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the water connection at 93 Everdale Rd. 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 Ronald Ayre, 93 Everdale Rd., Randolph, NJ 07869.

8. Release Road Opening Cash Bond for 68 Meadowbrook Road for Tying into Storm Sewer to J. Utz Contracting—$500.00

R-182-13

WHEREAS, the Engineering Department has received a request from J. Utz Contracting for the release of a $500.00 cash road opening bond posted for the purpose of tying into storm sewer at 68 Meadowbrook Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Sept. 12, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the tying into storm sewer at 68 Meadowbrook Rd. within the Township Right of way, and;

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

9. Refund Road Opening Cash Bond for Replacing a Driveway at 29 Clover Lane to Jeffrey Bashe—$500.00

R-183-13

WHEREAS, the Engineering Department has received a request from Jeffrey Bashe for the release of a $500.00 cash road opening bond posted for the purpose of replacing a driveway at 29 Clover Lane, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April30, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacement of the driveway at 29 Clover Lane within the Township Right of way, and;

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

10. Refund Road Opening Cash Bond for Providing Gas Service at 16 Carrell Road to John Storm—$600.00

R-184-13

WHEREAS, the Engineering Department has received a request from John Storm for the refund of the $600.00 cash road surcharge posted for the purpose of providing gas service at 16 Carrell Rd., Randolph;

WHEREAS, the Road Opening Surcharge consisted of a $600.00 cash surcharge, which was received and deposited with the Finance Department on April 3, 2013 and;

WHEREAS, the Applicant was required to post this surcharge in conjunction with the connection of a natural gas line at 16 Carrell Rd. within the Township Right of way, and;

WHEREAS, the pavement within 16 Carrell Rd. did not require opening or excavation to facilitate this connection;

WHEREAS, the Engineering Department has inspected the work, and found that 16 Carrell Rd. was not opened or excavated;

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 Surcharge in the amount of $600.00 be refunded to John Storm, 16 Carrell Rd., Randolph, NJ 07869.

11. Refund Road Opening Cash Bond for Making a Gravel Parking Pad at 30 Pleasant Hill Rd. to Pamela Popat of Re/Max—$500.00

R-185-13

WHEREAS, the Engineering Department has received a request from Pamela Popat, RE/MAX Properties Unlimited for the release of a $500.00 cash road opening bond posted for the purpose of making a gravel parking pad at 30 Pleasant Hill Rd., Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Jan. 10, 2013; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the making of a gravel parking pad at 30 Pleasant Hill Rd. within the Township Right of way; and

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

12. Refund Road Opening Cash Bond for the Purpose of Replacing and Widening of a Driveway at 43 Dogwood Trail to Susan McNamara—$500.00

R-186-13

WHEREAS, the Engineering Department has received a request from Susan McNamara, for the release of a $500.00 cash road opening bond posted for the purpose of replacing and widening of existing driveway at 43 Dogwood Trail, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 8, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacing and widening of existing driveway at 43 Dogwood Trail within the Township Right of way, and;

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

13. Refund Fee Due to Cancelled Mulch Delivery (2 loads @ $130.00 per load) at 211 Morris Tpke.—Tabitha Friedman—$260.00

R-187-13

WHEREAS, the Engineering Department has received a check in the amount of $520 from Tabitha Friedman for the delivery of four (4) loads of mulch to 211 Morris Turnpike;

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

WHEREAS, the Engineering Department has received her request to cancel two (2) loads of the mulch delivery before delivery was made and to receive only two (2) loads of mulch and;

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/Water & Sewer Administrator that the Mulch Delivery fee in the amount of $260.00 ($130 per load) be refunded to Tabitha Friedman, 211 Morris Tpke., Randolph, NJ 07869.

14. Authorizing Agreement with NJDCA’s Local Cooperative Housing Program for Randolph to Conduct State Inspections for 2014—$5,500.00

R-188-13

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 2014; and

WHEREAS, the State agrees to pay the Township a sum of $5,500.00 for this service.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey that the Mayor be authorized to sign this Agreement.

15. Authorizing the Award of a PSA to Certified Valuations, Inc. for Appraisal Services, Easement Modifications/Butterworth Pump Station

R-189-13

WHEREAS, the Township of Randolph (“Township”) requires Appraisal Services, Easement Modification/Butterworth Pump Station for a period not to exceed one year (6/6/13-6/5/14); and

WHEREAS, the Township has agreed to retain Certified Valuations, Inc. located at 477 Route 10, Ste 8, Randolph, NJ 07869 to provide the necessary Appraisal Services, Easement Modification/Butterworth Pump Station for a total amount not to exceed $3,600; and

WHEREAS, the contract with Certified Valuations, Inc. is for a total amount not to exceed $3,600 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

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

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

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

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

The Township hereby hires, employs and retains Certified Valuations, Inc. having an office at 477 Route 10, Ste 8, Randolph, NJ 07869 to provide Appraisal Services, Easement Modification/Butterworth Pump Station services for a period not to exceed one year (6/6/13-6/5/14).
Certified Valuations, Inc. shall be compensated for a total contract amount not to exceed $3,600.
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.
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.
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.
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.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 6, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #20-97, Butterworth Sewer Extension, to award a contract to Certified Valuations Inc. for Appraisal Services, Easement Modification/Butterworth Pump Station in the amount not to exceed $3,600.

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

16. Awarding a Contract for 2013 Towing Services to Tony’s Towing & Recovery

R-190-13

WHEREAS, the Township of Randolph advertised for 2013 Towing Services (July 1, 2013 through June 30, 2014) and received bids on April 12, 2013; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bid was received from the following and for the bid prices listed:
Tony’s Towing & Recovery, Inc., Dover, NJ

Basic Towing—Days: $125.00 flat rate
Basic Towing—Nights, Weekends, NJ State Holidays, $125.00 flat rate
Storage (Daily Rate): $45.00; and

WHEREAS, the Chief of Police and Purchasing Agent recommend the award of the contract to Tony’s Towing & Recovery, Inc. as the lowest responsive, responsible bidder subject to the exclusion of one employee of Tony’s Towing & Recovery, Inc. from performing work on this contract due to felony convictions; and

WHEREAS, the Township of Randolph desires to award a contract for the Towing Services bid to Tony’s Towing & Recovery, Inc. of Dover, NJ.

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 Tony’s Towing & Recovery, Inc. of Dover, NJ for the charges stated above per their bid proposal from July 1, 2013 through June 30, 2014.

17. Accept the 2012 Audit and Comments and Approval of Corrective Action Plan/Audit

R-191-13

WHEREAS, in accordance with Local Finance Notice 92-15 all municipalities must prepare a Corrective Action Plan as part of their annual audit process; and

WHEREAS, the 2012 Audit report for the Township of Randolph has been filed; and

WHEREAS, attached is the Township’s Corrective Action Plan as a result of the 2012 Audit.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Corrective Action Plan be approved and Submitted to the Division of Local Government Services.

18. Release of Police Detail Escrow

R-192-13

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:

Seidner Dentistry & Assoc. $71.00

19. Release of Soil Movement Cash Bond Guarantee for Randolph Commons to Ambelia Inc./Randolph Diner—$30,000

R-193-13

WHEREAS, the Randolph Township Engineering Department has received a written request from Peter Rosen, for the release of a cash soil movement bond posted for soil movement associated with Randolph Commons project located at Block 112, Lot 1, Randolph Township; and

WHEREAS, the Developer, Ambelia Inc/Randolph Diner was required to post a soil movement bond in the amount of $30,000.00 to guarantee the compliance with the Township’s soil movement ordinance; and

WHEREAS, the Randolph Township Engineering Department has certified that all soil movement associated with the Randolph Commons project has been completed.

NOW, THEREFORE BE IT RESOLVED by the mayor and Council of the Township of the Township Randolph, County of Morris, State of New Jersey that it is recommended by Ralph G. Carchia, Engineering /W&S Administrator, that the Township release the Soil Movement Bond cash guarantee in the amount of $30,000.00 plus accrued interest to, Ambelia Inc.,/Randolph Diner 517, Route 10 East, Randolph, NJ 07869.

20. Authorizing Purchases under MCCPC Contract #9 for Crushed Stone, Gravel and Sand from Various Vendors as Needed

R-194-13

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council (MCCPC) Contract #9 Crushed Stone, Gravel and Sand through various vendors for all departments in the Township; and

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

WHEREAS, these purchases will not exceed $72,000 for 2013; and

WHEREAS, funds are available for this purpose.

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to make purchases under Morris County Cooperative Pricing Council (MCCPC) Contract #9 Crushed Stone, Gravel and Sand from various vendors for all departments in the Township as needed.

21. Authorizing MCCPC Finding Pyramid School Products in Default of Contracts #20-A (Sporting Goods) & #25 (Janitorial Supplies)

R-195-13

WHEREAS, on June 7, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded various line items of Contract #25 (Janitorial Supplies) to Pyramid School Products; and

WHEREAS, on January 1, 2013, the Township on behalf of the MCCPC awarded various line items of Contract #20-A (Sporting Goods) to Pyramid School Products; and

WHEREAS, on May 9, 2013, it was learned by the MCCPC that the Business Registration Certificate issued by the State of New Jersey to Pyramid School Products was revoked due to issues pertaining to Pyramid School Products’ annual report; and

WHEREAS, an email was sent on May 10, 2013, to Pyramid School Products asking them for clarification on how Pyramid intended to reinstate their Business Registration Certificate; and

WHEREAS, on May 10, 2013, Pyramid School Products informed the MCCPC that they would not be taking steps to reinstate their Business Registration Certificate; and

WHEREAS, under Local Public Contracts Law Pyramid School Products is required to have a current and valid Business Registration Certificate; and

WHEREAS, it is recommended that Pyramid School Products be found to be in default for Contract #20-A (Sporting Goods) and Contract #25 (Janitorial Supplies); and

WHEREAS, Contract #25 (Janitorial Supplies) is expiring on June 30, 2013, and therefore the items that were awarded to Pyramid School Products will not be re-awarded; and

WHEREAS, Contract #20-A (Sporting Goods) expires on December 31, 2013, and therefore it is recommended that the items on Contract #20-A that were awarded to Pyramid School Products be rescinded and re-awarded; and

WHEREAS, BSN Sports, the second low bidder for Item #17 and Item #28 in Category B, Item #10 in Category C, and Item #2 in Category D of Contract #20-A has agreed to honor the prices they submitted for the remainder of the contract term; and

WHEREAS, Metuchen Center, the second low bidder for Item #12a and Item #14 in Category B in Contract #20-A, has agreed to honor the prices they submitted for the remainder of the contract term; and

WHEREAS, R&R Sporting Goods, the second low bidder for Item #1 and Item #6 in Category E in Contract #20-A, has agreed to honor the prices they submitted for the remainder of the contract term.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Pyramid School Products be found to be in default of Contract #20-A (Sporting Goods) and Contract #25 (Janitorial Supplies).

BE IT FURTHER RESOLVED that the items awarded to Pyramid School Products in Contract #25 (Janitorial Supplies) be rescinded.

BE IT FURTHER RESOLVED that the items awarded to Pyramid School Products in Contract #20-A (Sporting Goods) be rescinded and awarded to the vendors as noted above.

22. Authorizing MCCPC Rescinding Contract #20B (Sporting Goods) from R&R and Re-Awarding a Portion to LeeZar and Rescinding #40 from Continental Fire & Safety and Re-Awarding to Skylands

R-196-13

WHEREAS, on May 2, 2013, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #20-B (Sporting Goods) and Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) to various vendors; and

WHEREAS, an award was made to R&R Sporting Goods for Items #3a(1), #3a(2), #3b(1), and #3b(2) in Category D; and

WHEREAS, a challenge was made by LeeZar Sporting Goods to the award of those items based upon the prices submitted; and

WHEREAS, upon further review it was determined that LeeZar Sporting Goods is the actual low bidder for Items #3a(1), #3a(2), #3b(1), and #3b(2) in Category D of Contract #20-B (Sporting Goods); and

WHEREAS, it is in the best interests of the MCCPC to rescind the above items from R&R Sporting Goods and award those same items to LeeZar Sporting Goods; and

WHEREAS, an award was made to Continental Fire & Safety for Item #20 in Category B of Contract #40; and

WHEREAS, a challenge was made by Skylands Area Fire Equipment & Training based upon the price lists submitted by both Continental and Skylands; and

WHEREAS, upon further review it was determined that the price lists were identical and Skylands offered the greater discount; and

WHEREAS, it is in the best interests of the MCCPC to rescind Item #20 in Category B of Contract #40 and award same to Skylands.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the rescission and award of the items as stated above.

23. Approval Resolution for the 2013/2014 Liquor Licenses in Randolph Township

R-197-13

Liquor License Renewals for the 2013-2014 Season

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 2013-2014 season commencing July 1, 2013 and ending June 30, 2014 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:

LICENSE NO.	NAME OF LICENSE	LOCATION	FEE
1432-33-001-011	Nicoles Ten LLC Nicoles Ten	246 Route 10 W Randolph, NJ	$2,500
1432-33-002-005	Villa Viola, LLC t/a Taste Bistro	399 Route #10 Randolph, NJ	$2,500
1432-33-003-007	AVI Restaurant Group, LLC t/a Morris Tap and Grill	500 Route 10 West Randolph, NJ	$2,500
1432-33-004-009	1380 Sussex Turnpike, LLC	Pocket License Randolph, NJ	$2,500
1432-33-006-006	VGJ, Inc. t/a La Strada	1105 Route #10 East Randolph, NJ	$2,500
1432-33-005-005	Rillstell, Inc. Casa de Pasta	1438 Sussex Turnpike Randolph, NJ	$2,500
1432-33-013-007	Plaza 395 Associates Pizza Pub	395 Dover Chester Road Randolph, NJ	$2,500
1432-33-008-008	Skyhil Corporation Skylands	792 Route 10 West Randolph, NJ	$2,500
1432-33-009-007	Black River Barn, LLC Black River Barn Restaurant	1178 Route #10 West Randolph, NJ	$2,500
1432-33-014-006	Rosies Italian Kitchen Inc.	1181 Sussex Turnpike Randolph, NJ	$2,500
1432-33-015-006	Ambelia, Inc. Randolph Diner	517 Route 10 East Randolph, NJ	$2,500
1432-33-018-007	Aashirwad Palace, Inc.	169 S. Salem Street Randolph, NJ	$2,500
1432-44-012-006	MNE Trading, Inc. Wine King Liquors	Route #10 and Salem St. Randolph, NJ	$2,280
1432-44-019-002	Pappas Imports, LLC t/a The Wine Cellar	1194 Sussex Turnpike Randolph, NJ	$2,280

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.

24. Release of Performance Guarantee for a Water Main Extension on Tanager Lane in Mendham and Block 227, Lot 72 in Randolph to Greenview Mendham, Inc.—$15,427.50

R-198-13

WHEREAS, the Randolph Township Engineering Department has received a request from Greenview Mendham Inc. for the release of the required two year maintenance guarantee for the water main at Block 227, Lot 72 in the amount of $15,427.50;

WHEREAS, the term of the Maintenance Guarantee is for a period of two years; and

WHEREAS, the Engineering Department has inspected the subdivision and found the water line installation has been satisfactorily 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 Raffaele G. Carchia, Engineering Administrator, that the Township release the cash Maintenance Guarantee in the amount of $15,427.50, plus accrued interest, Greenview Mendham, Inc., 4 Tanager Lane, Morristown, NJ 07960.

25. Refund Brundage Park Summer Stages Fee Due to Scheduling Conflict to Marie Rosato—$350.00

R-199-13

WHEREAS, Marie Rosato registered her daughter for Brundage Park Summer Stages and paid the fee of $375.00; and

WHEREAS, her daughter will not be attending Brundage Park Summer Stages due to a family 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 Marie Rosato, 3 Fieldcrest Court, Mendham, NJ 07945.

26. Raffle License, On-Premise 50/50, St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph, NJ on November 2, 2013 from 7:00 p.m. to 10:00 p.m.

27. Social Affair Permit, St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph, NJ on November 2, 2013 from 6:30 pm to 10:00 pm

F. UPCOMING EVENTS

Senior Picnic—Tuesday, June 18 at Brundage Park—11:30 a.m. to 2:30 p.m.
Dedication of the Randolph Lake Swim Dock—June 8 at 1:00 p.m.
Randolph Rocks 5K Run at Randolph High School—June 15—registration opens at 7:00 a.m.

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance 09-13: Salary and Wage Ordinance for all Titles Except Police Lieutenant, Sergeant, and Patrol Officer Positions

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NOS. 16-09, 23-10, 12-11, 10-12, 14-12, AND 17-12 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 there are about 6 salary and wage ordinances that govern salaries in the Township. This is a comprehensive ordinance that will deal with all salaries in the Township with the exception of police positions, it makes sense to update it and create one document.

OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road reported a typographical error on the second page, the title should be “Foreman.”

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

Councilman Guadagno made a motion to adopt Ordinance 9-13 with the amended spelling corrections. Councilwoman Carey seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINCANCE AMENDING ORDINANCE NOS. 16-09, 23-10, 12-11, 10-12, 14-12, AND 17-12 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 10-13: Salary and Wage Ordinance for Police Lieutenant, Sergeant, and Patrol Officer Positions

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCES NOS. 16-09 AND 17-12 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 reported that the salaries for the ranks of Lieutenant and Sergeant were settled previously and have already been adopted. The Manager wanted to keep all the police in one ordinance so this incorporates all positions. This is the settlement contract with the FOP in Randolph Township, and it extends out through the year 2015.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCES NOS. 16-09 AND 17-12 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.

Councilman Guadagno made a motion to adopt Ordinance 10-13. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

3. Ordinance 11-13: Capital Ordinance Authorizing Funding for the 2013 Road Overlay Program—$1,107,000

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2013 CAPITAL IMPROVEMENTS APPROPRIATING $1,107,000, THEREFORE, INCLUDING $907,000 FROM THE CAPITAL IMPROVEMENT FUND AND $200,000 DUE FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that this is the 2013 road program with the exception of the Franklin Road milling and resurfacing project. The Franklin Road reconstruction project is using a New Jersey Department of Transportation grant. There is no bonding for 2013 Road Overlay Program.

OPEN TO THE PUBLIC

Seeing no one 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 2013 CAPITAL IMPROVEMENTS APPROPRIATING $1,107,000, THEREFORE, INCLUDING $907,000 FROM THE CAPITAL IMPROVEMENT FUND AND $200,000 DUE FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION” 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 Guadagno made a motion to adopt Ordinance 11-13. Deputy Mayor Loveys seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

4. Ordinance 12-13: Bond Ordinance Authorizing Funding for Improvements to Quaker Church Road, Improvements to Municipal Properties and the Acquisition of Public Works Equipment—$1,206,000

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 $1,206,000 HEREFOR, AND AUTHORIZING THE ISSUANCE OF $811,000 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 reported that this ordinance authorizes the issuance of $811,000 in bonds and notes. The Township received notification that it is going to receive $170,000 in State funds towards the Quaker Church Road resurfacing project so the bond authorization which was $255,000 now drops to $65,000.

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 $1,206,000 HEREFOR, AND AUTHORIZING THE ISSUANCE OF $811,000 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.

OPEN TO THE PUBLIC

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

Councilman Guadagno made a motion to adopt Ordinance 12-13. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

5. Ordinance 13-13: Amending Fee Schedule—Recreation

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that each year the Parks and Recreation Director looks at the fee schedule and makes adjustments to that schedule to make sure Randolph Township is competitive with other communities with similar facilities.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be 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 Ordinance 13-13. Deputy Mayor Loveys seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

H. ORDINANCES: INTRODUCTIONS

1. Capital Ordinance—$965,000 Funding Storm Water/Sewer/Water Improvements

Manager Lovell reported that this is a Cash Ordinance and it is putting into play the Capital Improvement program that was discussed at length as part of the budget process.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2013 CAPITAL IMPROVEMENTS APPROPRIATING $965,000 FROM THE CAPITAL IMPROVEMENT FUND” be introduced, read by title by the Township Clerk, and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 27th of June, 2013 at 5 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.

There was some discussion on the purchase of the Sewer Jet Vac truck as well as the potential to rent it out to other municipalities.

Councilwoman Veech made a motion to introduce Ordinance 14-13. Councilman Guadagno seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

2. Capital Ordinance—$651,200 Funding Various Improvements and Equipment Purchases

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2013 CAPITAL IMPROVEMENTS APPROPRIATING $651,200, THEREFORE, INCLUDING $119,000 FROM THE CAPITAL IMPROVEMENT FUND; $230,500 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; $271,700 FROM THE CAPITAL FUND BALANCE AND $30,000 DUE FROM THE RANDOLPH TOWNSHIP BOARD OF EDUCATION” be introduced, read by title by the Township Clerk, and passed on first reading.

Councilwoman Veech made a motion to introduce Ordinance 15-13. Councilman Guadagno seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

3. Bond Ordinance—$200,000 Funding Renovation of the Seeing Eye Animal Shelter

Manager Lovell reported that he spoke with Steve Mountain, the Mendham Township Administrator who reported that the Township Committee in Mendham asked for three revisions to the contract. Manager Lovell and Keli Gallo made revisions that were not very significant, and sent it back to Mendham for consideration. The Manager felt that the language would be acceptable to both townships.

BE IT RESOLVED, that an Ordinance entitled, “BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO THE SEEING EYE ANIMAL SHELTER IN AND BY THE TOWNSHIP OF RANDOLPH, NEW JERSEY, APPROPRIATING $200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $180,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF,” be introduced, read by title by the Township Clerk and passed on first reading.

Councilwoman Veech made a motion to introduce Ordinance 16-13. Councilman Guadagno seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

4. Amend Bond Ordinance #15-07 to Modify Project Description—Police Department Renovations and Improvements—$80,000

Manager Lovell reported that this is an older bond ordinance where the dollars were never spent for an improvement in the Police Department. The language needed to be amended in order to meet the needs of the upgrades currently needed in the Police Department.

BE IT RESOLVED, that an Ordinance entitled, “BOND ORDINANCE OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY AMENDING THE DESCRIPTION OF THE IMPROVEMENT REFERRED TO IN SECTION 3(d) OF BOND ORDINANCE NO. 15-07 FINALLY ADOPTED JUNE 7, 2007,” be introduced, read by title by the Township Clerk, and passed on first reading.

Councilwoman Veech made a motion to introduce Ordinance 17-13. Councilman Guadagno seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

5. Accepting the Dedication of Block 49, Lots 2 and 3—Located within the Township of Randolph for Municipal Public Purposes

Manager Lovell explained that the property is adjacent to Heistein Park across Doby Road and extends to Calais Road. It will be part of the Township’s Open Space inventory. The language in the deeds has been finalized and they have been sent to Green Acres for their approval. The Manager reported that by the time this ordinance is ready for adoption, the deeds will be ready for transfer.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ACCEPTING THE DEDICATION OF BLOCK 49, LOTS 2 AND 3 LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FOR MUNICIPAL PUBLIC PURPOSES,” be introduced, read by title by the Township Clerk, and passed on first reading.

Mayor MacArthur reminded Manager Lovell and Ed Buzak’s office that the Council had wanted the language in the conveyance to specifically state that the lots were being given for recreational purposes including a pool.

Councilwoman Veech made a motion to introduce Ordinance 18-13. Councilman Guadagno seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

I. DISCUSSION ITEMS

1. Update—Master Plan—Highlands Conformance

Deputy Mayor Loveys reported that he and the entire Highlands Conformance Sub-Committee, along with Township Attorneys Edward Buzak and Keli Gallo met with the Highlands Executive Director Feyl, the Deputy Director, and their staff. They met to discuss three issues:

If we were to gain conformance, would we be able to opt out? Manager Lovell had been led to believe, from previous Highlands administrations, that there was a six year commitment. The Highlands Council assured the group that the Township could opt out at any time, with or without the benefit of having to obtain grants. The only caveat, if the Township had obtained a grant that the Township would have to produce whatever was stipulated in that grant. Executive Director Gene Feyl agreed to put that in writing.
Mayor MacArthur had raised some concern of the call up clause having to do with the Highlands area land use ordinance. One of the draft ordinances alluded to lot sizes of 2 acres or more, allowing a judicial review by the Highlands Council and giving them an ability to deny or amend applications. That language pertained solely to the preservation area. In the planning area the Highlands Council would have an advisory review only.
The subcommittee wanted confirmation that the Township would have the ability to use and modify Township ordinances to meet the goals and objectives of the Regional Master Plan as opposed to trying to make the Highlands ordinances work within our Township. The Highlands Council was very agreeable.
The Highlands Council was also very agreeable to the use of the Township’s own maps since they are accurate, detailed, and of better resolution than the maps often associated with the Master Plan.
The subcommittee envisions the process taking 4 or 5 steps. The two centers that will be concentrated on initially will be South Salem Street and Mt. Freedom. The subcommittee will be meeting on a monthly basis.

Mayor MacArthur added that the way he understood it from the meeting was that single family residences are totally excluded from Highlands regardless of when they were built. The exception is a development involving 3 or more residential units developed after the adoption of the ordinance will be subject to the ordinance.

Ed Buzak stated that that was what they said; however, he was unsure of the accuracy of that statement. He will contact the Highlands Council for clarification.

2. 2014 Super Bowl Preparedness

Mayor MacArthur explained that the Council members all received a letter from the Super Bowl Host Committee and the NJ Exposition Authority. The letter states that local towns might want to create new events or leverage existing events, build some economic activity or just town excitement, around the Super Bowl. And while they can’t give any money, they can potentially provide support by allowing local events to go on their website, and potentially allowing towns to use their official Super Bowl logo in promoting their events. The Mayor asked the Council what they felt should be done with this information. It was decided that Manager Lovell would forward it to the Economic Development Committee for their consideration.

3. Piercon Radio Frequency Environmental Report

Manager Lovell reported that this was the first phase of the study being undertaken by Piercon. They measured existing conditions in both the interior and the exterior of buildings. The buildings included in this project were both floors of the Municipal Building, the high school, the middle school, and Center Grove School. Their finding was positive, the buildings were 25% or less of the frequency that is permitted. If the Council is amenable to the report, Piercon is ready to proceed with determining the impact of an additional tower.

There was discussion about testing at the Montessori School near the Municipal Building. Manager Lovell will ask that Piercon measure the existing conditions at the northernmost part of the municipal property as part of Phase II.

4. Country Fair—Rotary Request for Additional Municipal Support

Councilman Hirniak reported that the breakdown of the income & expenses from the 2012 Country Fair is attached to the Discussion Item in the agenda. The weather is a large variable, when there is good weather the fair operates at a loss, and when there is bad weather, the loss is much greater. Ed Buzak had previously mentioned to Councilman Hirniak that he wanted to determine if there was a precedent for the Randolph Township Council helping similar organizations run events like this, and how it would be logistically best to do that.

Ed Buzak stated that the issue came up a few years ago with regard to the Freedom Festival, and the ultimate determination made through his office and also through the auditors was that the right contributions of dollars cannot be made from the municipality to any of these organizations. However, if the Township were to arrange for and pay for a component of one of these activities, that would be a permissible action by the Township. Therefore, if a distinct aspect of the Country Fair could be established that the Township could arrange and contract directly, it would be permissible.

There was much discussion about the appropriate items to sponsor. It was felt that a good first step would be to sponsor the tent and tables as that was the initial request from the Rotary and it is something the Township can contract directly. It was suggested that the Port o’ Potties be sponsored by the Township as well since there is already a contract with the vendor. The tent, tables, and Port o’ Potties would be considered the infrastructure of the event. Councilman Hirniak suggested including the table covers, but that suggestion was not well received.

Councilwoman Veech presented the idea of building a covered area in the future which could be used for various events within the Township. It was suggested that the idea be presented to the Town Properties Subcommittee for consideration.

Councilman Hirniak made a motion that the Township Council, in a matter deemed appropriate by the Township Attorney, assist the Randolph Rotary in the 2013 Country Fair in conjunction with their costs associated with tents and tables, table covers, and port o potties. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Hirniak
Councilwoman Veech

NAYS:
Councilman Guadagno
Deputy Mayor Loveys
Mayor MacArthur

ABSENT: Councilman Napoliello

Mayor MacArthur asked if anyone wished to make a different motion.

Councilman Guadagno made a motion to approve the Township Council support the Randolph Rotary with costs associated with the tents, tables, and port o potties for the 2013 Country Fair. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Hirniak

ABSENT: Councilman Napoliello

5. Search Committee to Hire New Consultant—Manager

Mayor MacArthur reported the following from the Search Committee:

Meeting on 6/27 to begin at 5:00 p.m. with an open meeting. Consultant Dan Mason will review the process for members of the public, and then the Council will enter Executive Session where Dan will talk about specific qualities the committee is looking for in a Manager. Following Executive Session, the Council will return to public session and conduct the normal business for the evening.
Discussion involved spending about $1,500 on advertising for the position, local newspapers, and the League of Municipalities network.
It was decided to have the consultant speak to the Search Committee as a group because ideas could be shared. Although Manager Lovell will be involved in the process, the committee will have him leave during the discussion with the consultant.
It was determined that the Search Committee would retain responsibility for reviewing the resumes, sending initial questionnaires, and vetting the group down to 8 candidates. The 3 committee members will then interview those 8 candidates as a subcommittee, and narrow it down to 3. The Council will then be involved in the interviewing of the final 3 candidates.
The Search Committee would appreciate if Ed Buzak would also be involved in interviewing the final 3 candidates and provide the benefit of his insight.
Dan Mason will talk about the method of interviewing, he has a whole regimen that the subcommittee thinks will work.
The committee unanimously agreed that the next Manager live in town. They intend to recommend to the Council a period of time in which the candidate would have to move as well as a set amount to be used to defray moving expenses.
The committee also discussed the idea of a car or car allowance for the candidate. The inclination is not to offer a car.
The committee determined the best way to handle the salary range in the advertising is to note the current Manager’s salary which would give candidates an idea of the salary without specifying a range.

6. Stonybrook

Ed Buzak reported that he had spoken to Rob Greenbaum earlier in the day. Mr. Greenbaum advised Attorney Buzak that he had signed a stipulation of dismissal with prejudice of the entire litigation. What that means is that the plaintiff is dismissing the case with prejudice, meaning he can’t bring it again, and that that should be filed within the next few days. The motion to dismiss that Attorney Buzak had brought has been carried for two weeks, just until the stipulation could be filed.

J. OPEN TO THE PUBLIC

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

K. COUNCIL COMMENTS

Deputy Mayor Loveys reported that Sue Glassmeyer has arranged for a public meeting at the Community Center June 20th at 7 o’clock to provide information on private deer hunts for anyone interested. Sue believes she has about 80 residents or so interested in attending. The Wildlife Management Committee members that can be there will attend.

Deputy Mayor Loveys stated that he felt it would be appropriate to recognize Mike Obremski, since the Seeing Eye facility is coming to some closure. Former Councilman Obremski put a lot of time and effort into it, and it would be nice to give him credit.

Councilwoman Veech asked the status of the search for the Finance Director.

Manager Lovell reported that he, Michael Soccio, and auditor, Bill Schroeder will be involved in the process. The position has been advertised and resumes are starting to be received. The group would like the candidate to start on either November 1 or December 1. Michael Soccio will continue to be the Chief Financial Officer and will work with the new person closing the books this year, and reopening the books, and take him or her through the budget process. Michael will probably start taking the back seat in the operations around February 1 or March 1 to allow that person to really start serving as the CFO of the Township.

Councilwoman Veech asked how the Council will be involved in the process.

Manager Lovell explained that the Council has no involvement, this is a Manager’s prerogative, and the Manger has to go through the process. When a person has been selected, the Manager would then like to set up a meet & greet session with the Council.

Mayor MacArthur agreed that it is the Manager’s prerogative, but asked if there would be value in the Manager having a Council person participate in the process.

Manager Lovell stated that he would be willing to have one member, most likely the Mayor, to be involved, but he felt it wouldn’t be appropriate for a Council committee or the Council as a whole.

Councilwoman Veech asked for an update on the Chief of Police’s retirement date.

Manager Lovell stated that the process of Chief selection had restarted, two candidates have submitted their essays. A panel, including Deputy Mayor Loveys, will be conducting the interview. Interviews are expected to take place in late July or early August. There cannot be two Chiefs at one time, and therefore, the appointment cannot be made until Chief Mason has had his retirement approved by the State of New Jersey.

L. EXECUTIVE SESSION

There was no Executive Session.

M. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 9:40 p.m. Deputy Mayor Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello