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

Minutes: March 15, 2011

A regular meeting of the Randolph Township Council was called to order at 6:30 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 e-mailing 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 the Morris County Daily Record on December 16, 2010. The time change for this meeting, which included this meeting date, was advertised in the Randolph Reporter on March 10, 2011.

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

ABSENT: Councilman Napoliello

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

Mayor Mitsch led the Pledge of Allegiance.

BOARD OF EDUCATION AND MUNICIPAL BUDGETS PRESENTATION

Jeanne Stifelman, the Chair of Finance, Facilities and Transportation, introduced Business Administrator/Board Secretary Mike Neves, Superintendent Owen Snyder, Assistant Superintendent David Brown, Interim Director of Special Services Harold Tarriff, and Supervisor for Special Education Rob Koroski.

Mr. Neves’s comments included the following:

He thanked the Council on behalf of the Board for the opportunity to make this presentation on the current situation as well as the anticipated financial condition for the coming year
The proposed budget has been reviewed and approved by the County Department of Education, meaning it has been certified as being acceptable for the public hearing to be held on March 24
The details of the proposed budget will be reviewed at the public hearing
The hearing will be advertised and posted accordingly
The proposed budget document can be found on the district web site which provides access to a corresponding power point presentation
Election Day for the general fund portion of the budget will be April 27
The proposed budget is comprised of a general fund and a debt service fund
The debt service fund has already been voted on and approved by the community
The public will be voting between four candidates for three available seats on the Board of Education
This presentation will focus mainly on the summary sheet of the financial information of the district
Expenditure information is a generalization of where the district anticipates allocating its resources for the coming year by category
There are over 1,000 different lines and opportunities for the district to spend money within its internal budget
The information categorizes the activity by type to give an idea of anticipated spending, historically and in the future
Total spending is increasing by 2.6 percent in the general fund
For the first time in five years there is no anticipated reduction in staff
The existing class size structure throughout the district will remain the same
Existing programs with some minor adjustments relative to instructional issues remain in tact
Some programs such as Rosetta Stone and literacy initiatives are expanding
There will be continued emphasis and enforcement of differentiating instruction within the district
Administration will continue to look at capital infrastructure and maintenance within the district
Part of the spending has to do with sustainability, meaning under the current auspices of anticipated revenue, how well can we continue to do going forward
Sustainability will likely be problematic
As of June 30, two contracts will be open and administration is actively working to settle those in a manner that enhances the district’s position relative to sustainability and to make it capable for the district to not be so dependent upon its existing structure
The existing structure is eroding the system
Administration is cognizant of the fact that it employs a lot of people and will attempt to address that in the months ahead
The school’s proposed budget is subject to the 2 percent levy cap
The State allows certain waivers and adjustments, however the Board has decided not to take them
The district received an increase of $740,000.00 in state aid this year
In 2010, the state reduced state aid by $4 million
An additional component of the funding side of the equation has to do with grant funding, both federal and state
There is no flexibility for spending grant dollars—they can only be used for specific and intended purposes and can not be redistributed or re-allocated to other aspects of the budget
Spending is increasing for the management and maintenance of the existing services of the district, which will impact the residents by approximately $308.00
One reason for the increase is that ratables in the town decreased
The district is split funded since they operate on a fiscal calendar as opposed to a traditional calendar—part of the prior year’s budget is incorporated in the calculation of the next year’s tax levy

Board of Education members Maria Martorana and Christine Carey arrived during the presentation and were introduced.

Questions and comments from the Council included:

Is the significant increase in staff training related to a specific program (yes, teachers need to be trained on how to do more with less)
Is the administration allowed to move money between budget lines during the year (yes, within parameters
What is outside tuition (tuition at other facilities for special needs children when required services can not be provided in-house)
Does the line item for employee benefits include salaries and health care (the benefits include health and dental as well as several other benefit components)
How are salaries being accounted for in the contract negotiations (there is an assumption in the budget for what is anticipated)
Are the expenditure summaries used throughout every district or are they used just by Randolph (they are used throughout every district in the state)
Is there any regulation as to what goes into the numbers (yes)
What besides salary is included in the line item for regular instruction (supplies, textbooks, professional development, training, etc.)
Does employee benefits include such things as workmen’s compensation (yes)
Is the Randolph school district part of the state health plan (no, it has an independent broker and is less expensive than the state health plan)
Do benefits include dental and optical insurance (it includes dental but not optical)
Is the district subject to the 1.5 percent rule (yes, it was implemented on July 1, 2010)
Are the teachers paying 1.5 percent toward their health benefits (yes)
Is there any one line item listed for salaries (no, they are spread throughout the budget in different categories)
What’s the difference between district administration and school administration (central office versus the actual schools)
Based on public feedback during the development process, is there any insight or expectation for what will happen when residents vote on the proposed budget (no)
What is the current cost per student ($11,900.00, the second lowest in the county)

Manager Lovell noted that the school budget was voted down in 1999. The budget review process undertaken by him and the Council at that time was very difficult because of how the budget was prepared. Since that time, the budget has been reviewed twice and it has become a much easier process under Mr. Neves’ tenure. The Manager believes it is vital for the public to be able to understand the budget document.

Manager Lovell presented the proposed budget for Randolph Township. His comments included:

The Township is required this year to make a brief presentation to the Board of Education
The general budget is increasing by 1.7 percent for a total of $26,876,003.00
The water and sewer funds are increasing by .7 percent for a total of $7,782,331
Appropriations did fairly well this year
Staffing is an area that drives budget costs
Staffing has been significantly reduced over the last decade, especially over the last three years
Other areas driving costs are health insurance, the Reserve for Uncollected Taxes, police salary and wages, and police and municipal pensions
The police are the only group with a contract in good standing and they are receiving a 4 percent increase while all other employees are not receiving any increase
The proposed budget is strong and will meet the needs of the 25,000 residents
Revenues have been going through a shifting over a period of time
Weakness in certain areas of revenue will have an impact
This is the first time during his 35 year career that the Manager has seen a decline in the ratable base—that decline is the result of tax appeals
Property values have dropped due to the prolonged recession
Commercial properties in particular have enjoyed success in their tax appeals
This year’s tax increase will impact the average assessed homeowner by $111.54, or $9.34 per month
The Council proposes that tax increase reluctantly but did not believe it wise to go deeper into surplus
The organization has been taken to a relatively lean level
The water and sewer funds are both operating fairly well
The sewer fund carries a rather significant surplus at this time but most of those funds will be used for a significant capital improvement
The water fund did not finish as strongly as originally anticipated due to a major leak in the system—that leak has since been located and repaired
It is anticipated that water rates will be reviewed this summer
Randolph continues to enjoy a AAA bond rating at this time
The tax bill is divided in the following way—69 percent goes to funding the school system, 16 percent goes to municipal operations, 3 percent goes to the reserve, 1 percent goes to open space and recreation, and 11 percent goes to the County
He and the Council understand the schools put a high value of the services they provide, and the schools are what attracts many new home buyers to Randolph
Services provided by the municipality, such as snow plowing and recycling, are well regarded by the residents
The municipality prides itself on providing excellent services and customer service as well as our open space, trails

Councilman Algeier awarded the Board of Education members present with Randolph pins in appreciation for their efforts in helping to provide the excellent school system that contributes to Randolph’s reputation as a place where life is worth living.

OPEN TO PUBLIC

Meryl Zweig, 12 Ridge Road, presented the Council with documentation and studies in connection with the Council’s scheduled discussion on cell towers. Her comments included:

She has been very active in the community in the past on the Board of Adjustment and Board of Education, as well as having been very successful in raising significant funds for the Brundage and Fernbrook playgrounds
There are many studies that show that cell towers are not inert despite other studies done by proponents of cell towers
Much of the data she submitted to the Council is information gathered since 2009
A recent study reports that having a cell phone to your ear for one hour can change brainwaves
Effects from radiation will not be known for 20 or 30 years
Many scientific studies show cell towers and radiation have a negative impact on health
She believes locating the tower across the street from the middle school and high school would be the worst possible location and will impact 3,000 children with up to seven years of exposure
In addition, the Montesori pre-school and Freedom Park are in the immediate vicinity
Studies suggest birds and other animals leave the area when a cell tower is placed
Various entities under the FCC report that they don’t have research on long term exposure of low energy
Other countries are taking a proactive stance on limiting exposure for children
She recommended an ordinance that would ban cell towers within 1500 feet from the schools to provide a minimum of protection
Studies claim that 6th generation of rats exposed to radiation can not reproduce and reduces life expectancy
Scientists believe the harmful effects of exposure to be cumulative in humans
There is no study she has found that says kids end up with no health effects
Besides a cancer risk, headaches, dizziness, depressive symptoms, memory loss, lack of concentration have all been reported
Cell phones should not be used at school thereby making the argument about better reception moot
Would the cell tower really be a revenue maker for the town as new technology is developed and companies back out of leases

Judith Stewart, 114 Everdale Road, voiced several concerns regarding the proposed ordinance increasing fees for the parks and recreation programs. Her comments included:

She asked for reassurance that fees will not be implemented for senior citizens at Randolph Park
If resident fees at the lake are increasing, non-resident fees should increase as well
She believes non-residents are charged too little
Is there any program in place in recreation to subsidize children who’s parents may not be able to afford the program fee

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

COUNCIL AND MANAGER REPORTS

Councilman MacArthur reported that Mayor Mitsch, Manager Lovell and he attended a meeting with the Board of Education. The proposed DPW building project was discussed at the meeting and there is the expectation that a draft agreement from the Board’s attorney will be forthcoming.

Manager Lovell responded that the draft agreement has been received by his office.

Councilman MacArthur reported that the Recreation Committee has expressed concern about the portable sign at the crosswalk on Millbrook Avenue and feel it should be removed in that it could be creating a danger to bicyclists and pedestrians in the crosswalk. The Councilman asked to have this matter reviewed by the Traffic Safety Committee. The Recreation Committee reported that there is a new little league field being built at Stony Brook Camp which should help to alleviate some of the burden at the Ironia baseball fields. The Recreation Committee has a sub-committee continuing to look into the possibility of raising fees even though increases are not called for in the proposed budget. The Recreation Committee asked that a member be involved in the search for John Van Brunt’s replacement.

Councilman Algeier reported that the Board of Health met recently. During the meeting, Mark Caputo discussed the fact it has been noticed that one of the apartment complexes in town seems to be getting run down, he had reached out to the owner of the complex to discuss possible improvements, and the owner has not made any contact with Mr. Caputo since then. The Board recommended Mr. Caputo provide recommendations to enhance the maintenance ordinance to be presented to the Council in order to hopefully bring the property into compliance and improve the appearance of the site. It was recommended that the housing maintenance code include unoccupied dwellings in addition to rental dwellings. The Board of Health had questions regarding the proposed project with Mendham Seeing Eye. The Councilman reported to them that the issue has been discussed with Mendham’s mayor and is on the front burner for both towns concerned. The Board appointed Dr. Baeder to keep in touch with Manager Lovell regarding the status of the project and to offer his assistance in his expertise as a veterinarian. Councilman Algeier provided the Council with pamphlets outlining the schedule for 2011 health screenings and asked them to distribute the information to family, friends and neighbors.

Mayor Mitsch reported that during her meeting with the mayor of Mendham for the Seeing Eye project, they also discussed whether or not there are other opportunities in the future for shared services and to create some efficiencies to save taxpayer dollars. The mayor of Mendham will take that discussion back to his committee for their input.

Manager Lovell reported that there has been severe leaking from the roof at the Community Center. The renovation project for that building is out to bid at this time and hopefully a contract will be awarded in late spring so that construction can begin in the summer. The DPW building is moving forward with design. A proposed agreement was received from the Board of Education and he will be forwarding it to the Township Attorney for his review. The Manager will be adding Stony Brook Camp to the tour the Council will be making of the Cohn Farm property in order to give the Council a better sense of the camp property. There is currently a committee in place going through the review process for John Van Brunt’s replacement. Interviews will be taking place shortly. Once the final list of candidates has been determined, the Manager will find a way to bring others into the selection process. His concern is that the committee will become too large and will make scheduling and other issues difficult. The Manager voiced concern regarding the lack of movement on the proposed Seeing Eye project from Mendham.

Deputy Mayor Guadagno reported that the Landmarks Committee will be holding their town tour on May 14. There will be another tour on October 29. The Committee would like to have the Randolph Museum classified as a landmark and have filed appropriate papers to move that forward. The Committee questioned funds being reduced from the budget.

DISCUSSION ITEMS

(1) Cell Towers

Manager Lovell noted that he has been approached by AT&T as they have an interest in establishing a cell tower in the area. They had previously looked at a site on Millbrook Avenue, but that property is in the Green Acres inventory and a cell tower would not be permitted. The Manager stated that the Township has no relationship with AT&T and that AT&T has no right to any benefit of a tower on the site. If the Council should decide to get into the cell tower business, AT&T would have to bid with other interested parties to lease land on township property. The Manager suggested the site behind the municipal building would be suitable for a new tower and AT&T put together an analysis for review which includes information on how far the tower would be located from the schools. The Manager is unsure of how the Council wishes to proceed on this issue. The Manager reiterated that a cell tower would bring in revenue for the town, and he also cautioned that if the site is not approved for a cell tower, eventually the tower companies will find a location on the mountain on which to place a tower. The Manager has heard reports that children who use cell phones seem to have more exposure from the cell phone than they would get from the tower. While the tower would add to that exposure, although he is not sure if that would be at a significant level. Manager Lovell acknowledged that reports and studies can be skewed in favor of the entity requesting the information.

Deputy Mayor Guadagno stated that he believes the town should move forward on this issue, continue with the study of cell towers, compile the various reports, and see who else would be interested in bidding on the project.

Councilman Loveys voiced his concern that there may not be a definitive answer to the health concerns raised. He thanked Mrs. Zwieg for providing the information and noted that after reading through it, he feels more confused than before as there are no conclusive results. If health issues were to surface in the future, the Councilman would not want to have been contributing to that by deciding to place the cell towers near the schools. At this point in time, the Councilman is not ready to support the issue and would like to do more research on this issue.

Councilman Obremski noted that he has been dealing with these issues for twenty five years and there still are no definitive answers. He will be doing more research and reading on this issue and, while he believes the Council should study every opportunity for increasing revenue for the town, he is not ready to vote in favor of the cell tower at this point until a more informed decision can be made.

Councilman MacArthur noted that he read the information provided by Mrs. Zwieg and plans to continue to do more research to educate himself on this issue. The Councilman suggested the Council consider an alternate site for the cell tower that would be further from the schools.

Manager Lovell responded that locating cell towers on municipal property listed on the Green Acres Inventory would not be permissible unless in a situation similar to the Seeing Eye project whereby the town would have to provide two acres of property for every one acre lost to the inventory.

Councilman MacArthur asked about the two properties adjacent to the municipal building.

Manager Lovell responded that the cell tower companies want to work off of the highest point on the tract and those properties may not offer a significant change in distance to the schools. He also suggested that he would not want to tie up those properties for future use by placing a cell tower there.

Councilman MacArthur suggested that the distance information may still be worth knowing in order that the Council can evaluate the situation with a full set of facts.

Councilman Algeier noted that the data presented by Mrs. Zwieg is factually true, however many of the issues being considered are based on opinion. The Councilman stated that he is not in a position to make a decision on this issue this evening. Councilman Algeier noted that there is not currently money in the budget to hire an independent consultant to assist with the research.

Councilman MacArthur suggested putting in the bid specifications that the successful company chosen will pay the cost for a consultant of our choice.

Councilman Algeier responded that he would not want to place Randolph on the hook that if the project is dropped, Randolph would have to reimburse the company for their costs.

Mayor Mitsch stated that she would not be prepared to vote on this issue tonight. The Mayor noted that the Council has no control over the amount of radiation people are exposed to, including children who use cell phones, however the Council does have control over where cell towers are placed. Mayor Mitsch would like the opportunity to explore other options before making a final determination.

Manager Lovell noted that he will express the Council’s views to AT&T and ask them for more time to allow the Council to further consider this issue. The Manager will try to find more independent studies to provide to the Council.

(2) Amend Fee Ordinance

Manager Lovell noted that every year the staff goes through a process of looking at the fee schedule and determining areas in which fees can be increased. The data has been collected and coordinated by the Township Clerk and distributed to the Council. The Manager would like to have an amended ordinance drafted for April.

Questions and concerns from the Council included:

What is a bucket of mulch (a loader truck)
Where did the fees for Recreation come from (John Van Brunt)
When were the fees last raised (the fee schedule is adjusted every year, however this is one of the most broad range of fee increases in recent years)
Many of the proposed increases are quite hefty, some increasing as much as 100 percent
Who determines what the fees should be (many times fees are determined by how many staff people are involved in a specific process, such as engineering fees)
Should the Recreation sub-committee continue to look into fee increases (there is still some value in that process)
At some point in recreation programs, do you get to a point where the fee will inhibit participation—where is the tipping point
Perhaps some of the recreation program fees can be raised, but perhaps others should be tweaked
Out of town leagues who don’t contribute to the tax base but are benefiting from use of the fields should be charged more

Manager Lovell suggested the Council review the information and email any questions or concerns they have to him. However, there are some fees, such as mulch, that need to be advertised so timing is critical.

(3) 2011 Budget—Debt Study

Mr. Soccio’s comments included the following:

He looked at current debt, the capital programming budget between 2011 and 2016, and authorized debt for the Senior Center and DPW maintenance facility
His goal is to keep debt level
In debt service, he looks at capital improvements and deferred charges (debt that was authorized but not issued)
This year total debt is about $1,571,000.00
There may be additional savings as a result of changes within the police department
Those additional savings could be put into capital

Questions and comments from the Council included:

Outstanding debt is $3,650,000.00 (correct)
What is the amount of outstanding bond anticipation notes ($1,220,000.00 as of today—we will end 2011 with a balance of $1,410,000.00)
Including the projects at the senior community center and the DPW and library debt at the end of 2011 will be $9.2 million
What are bond anticipation notes (a temporary loan until permanent bonding is in place)
What are deferred charges (debt authorized through a bond ordinance that is paid through cash—cash in lieu of debt service)
Does this include the Recreation Trust Fund (no)
How does the debt service level compare with that of the last four or five years (a little lower, but it is at the level Mr. Soccio tries to maintain)
Is Randolph carrying less debt than available (yes, Randolph is at 38/100 of a percent of the total debt they could borrow)
Towns that borrow to their approved limit are in trouble

Manager Lovell stated that one of the goals is to put more money into the capital fund and pay cash in order to avoid debt in the future. It is his hope that future generations of staff and Council will follow this course to be in an equally strong position. The Manager cautioned that one item not included in the debt summary is a possible revaluation will be required at some point, which will be a considerable expense.

(4) Click It or Ticket Grant Application

Manager Lovell noted that the Council had indicated last year that they would prefer to discuss these types of grant applications before they are placed on the Consent Agenda. This is an application to apply for overtime funds for the police department for enforcement in the amount of $4,000.00.

Mayor Mitsch asked where the money would be coming from.

Manager Lovell responded the money is from a federal grant that goes to the state.

Councilman Algeier noted that he will likely vote against this grant application unless cogent and persuasive arguments to the contrary are presented. Many years ago when this program first went into effect it was probably a good idea, however most new cars make it difficult to drive without wearing a seat belt. The Councilman believes this to be a self-perpetuating bureaucracy and he questions how much money actually goes towards enforcement.

Deputy Mayor Guadagno stated that he would also likely vote against the grant application and views this as another initiative where law enforcement can harass the public.

Councilman MacArthur stated that he will likely vote in favor of the grant application. While he accepts Councilman Algeier’s arguments to the contrary, he believes that if this program increases safety for the residents and the state is willing to pay, the Councilman feels they should take advantage of the offer.

Councilman Loveys stated that he concurred with Councilman MacArthur.

Councilman Obremski made a motion to approve the resolution for the Click It or Ticket Program. Councilman MacArthur seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman MacArthur
Councilman Obremski

NAYS:
Councilman Algeier
Deputy Mayor Guadagno
Mayor Mitsch

ABSENT: Councilman Napoliello

The vote was tied and the resolution does not pass.

COMBINED ACTION ITEMS

Manager Lovell noted that the Township had inadvertently not renewed the contract with Paul Ferriero as Randolph’s consulting engineer for 2011 and is hoping for Council approval to do so this evening. The Manager stated that Mr. Ferriero’s services have been invaluable to the Township. He noted that the cost for this contract will be less than in 2010 because the contract will call for fewer hours of service.

Councilman Algeier stated that he has had occasion to work with Mr. Ferriero on a number of issues, considers him a significant resource, and supports the award of the contract.

Deputy Mayor Guadagno has worked with Mr. Ferriero while with the Planning Board and within his responsibilities on the sewer authority. He believes Mr. Ferriero is knowledgeable, he’s concerned about Randolph, and is deserving of the contract.

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

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

NAYS: None

ABSENT: Councilman Napoliello

A. Award Agreement for Marketing of Recyclable Materials—Morris County Municipal Utilities Authority

R-86-11

WHEREAS, the provisions of the New Jersey Statewide Mandatory Source Separation and Recycling Act require every municipality in the state to provide for the source separation and recycling of marketable materials generated from residential premises within its jurisdiction; and

WHEREAS, pursuant to the Act, the municipality has adopted and enforces mandatory source separation ordinances for recyclable materials; and

WHEREAS, the Morris County Municipal Utilities Authority desires to assist municipalities in meeting their recycling goals pursuant to the Act by providing an outlet for the disposal of recyclable materials; and

WHEREAS, the Randolph Township Council wishes to authorize the Mayor to execute an agreement with the Morris County Municipal Utilities Authority for the marketing of recyclable materials.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Randolph that authorization has been given for the Mayor to execute the Agreement.

B. Award Professional Services Agreement for Police Sergeant Examination—McCann Associates—Not to Exceed $10,000.00

R-87-11

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

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

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

WHEREAS, McCann Associates has indicated they will complete the Promotional Testing Services for an amount not to exceed $10,000.00; and

WHEREAS, McCann Associates has completed and submitted a Business Entity Disclosure Certification which certifies that McCann Associates has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit McCann Associates from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with McCann Associates as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value is on file with the original agreement for 2011.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 15, 2011

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2011 Budget, Police, Other Expense, to award a contract to McCann Associates to Conduct Promotional Testing for the Randolph Township Police Department in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Award Professional Services Agreement for Engineering Consultant—Ferriero Engineering, Inc.—$84,000.00

R-88-11

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

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

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

WHEREAS, Ferriero Engineering, Inc. has indicated they will complete the Consulting Engineering Services for an amount not to exceed $84,000.00; and

WHEREAS, Ferriero Engineering, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that Ferriero Engineering, Inc. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Ferriero Engineering, Inc. from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value of on file with the original agreement for 2011.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 15, 2011

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2011 Budget, Engineering, Other Expense, and Water/Sewer, Other Expense, to award a contract to Ferriero Engineering, Inc. for Consulting Engineer to Provide Staff Support in the amount not to exceed $84,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Refund Fees for Teen Travel Camp—Daniel LeGrone—$935.00

R-89-11

WHEREAS, Daniel LaGrone registered his child for Teen Travel Camp and paid the fee of $935.00; and

WHEREAS, his son will not be attending the Teen Camp due to the family will be moving out of town.

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 John Van Brunt, Director of Parks, Recreation and Community Services, that $835.00 be refunded to Daniel LaGrone, 78 Brookside Road, Randolph, NJ 07869.

E. Donation Clothing Bin Permit Application, A&E Clothing Corporation, Carteret, NJ

R-90-11

WHEREAS, the A&E Clothing Corporation submitted a Donation Clothing Bin Permit Application to the Clerk’s Office; and

WHEREAS, pursuant to Ordinance 24-09, Council approval must be obtained for the placement of a Donation Clothing Bin; and

WHEREAS, the A&E Clothing Corporation is seeking approval to place four Donation Clothing Bins at various locations at the County College of Morris; and

WHEREAS, clothing or donations collected will be donated to the House of Blessing, The Calvary Lighthouse, in Lakewood, New Jersey; and

WHEREAS, A&E Clothing Corporation has paid the required annual fee for the placement of the Donation Clothing Bins.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, Morris County, New Jersey, approve the placement of the four Donation Clothing Bins requested by A&E Clothing Corporation.

F. Raffles

(1) Casino Night, Randolph Fire Engine Company #5—October 1, 2011, 118 West Hanover Avenue

(2) On-Premise 50/50, Nixon School PTA, April 29, 2011, Skylands at Randolph

(3) Tricky Tray, Nixon School PTA, April 29, 2011, Skylands at Randolph

(4) On-Premise Tricky Tray, Fernbrook PTA, May 20, 2011, Randolph High School

(5) Off-Premise 50/50, Fernbrook PTA, May 20, 2011, Randolph High School

(6) On-Premise Merchandise, Fernbrook PTA, May 20, 2011, Randolph High School

(7) Bingo, Fernbrook PTA, May 20, 2011, Randolph High School

(8) Off-Premise 50/50, Randolph Women’s Club, July 2, 2011, County College of Morris

(9) Tricky Tray, Greek Orthodox Church, May 6, 2011, St. Andrew’s Hall

Deputy Mayor Guadagno noted that there are stop signs being put up all around his neighborhood and asked if this was a new initiative.

Manager Lovell responded that he will look into the issue.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, stated that the Board of Education candidates will be going before the public, and the date for that event is still to be determined. Regarding the issue of cell phones, Mrs. Whilden stated that cell phone use is not permitted at the Middle School and does not believe they are allowed at the High School. Mrs. Whilden noted that the public has often been harmed due to faulty and inaccurate studies, especially in the medical arena. She cautioned that statistics are only as meaningful as how the study is structured and urged the Council to take the all of the studies presented on cell towers with a grain of salt.

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

COUNCIL AND MANAGER COMMENTS

Councilman Algeier noted that several of the older signs denoting open space have become overgrown and are deteriorating.

Manager Lovell responded that new signs will likely be placed in those areas in the spring.

Councilman Algeier noted that the Manager’s wife will be donating some of her homemade quilts to members of the military serving in Afghanistan and Iraq. The presentation of those quilts will take place at the VFW on April 19 and he urged all to attend if possible. Councilman Algeier noted that several items are in front of the Planning Board at this time and, with the likelihood that he may be leaving the Council and his liaison position on the Planning Board in the near future, he believes it would be prudent to select another Council member to serve in that liaison position on the Board for continuity.

Councilman Algeier nominated Deputy Mayor Guadagno to serve as the Council liaison to the Planning Board. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

Councilman MacArthur asked if there was Council support for drafting a resolution similar to the model resolution from the League of Municipalities having to do with excluding the Reserve for Uncollected Taxes from the levy cap calculation.

Council indicated support of such a resolution.

Mayor Mitsch stated that she will be attending a presentation by the Morris County Chamber Economic Development at the County College of Morris on March 16. The Mayor will also be attending the officer installation dinner at the Millbrook Fire House on March 19.

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. Personnel
B. Future Litigation

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 Obremski made a motion to go into Executive Session at 9:05 p.m. Deputy Mayor Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

Councilman Algeier made a motion to return to Public Session at 9:30 p.m. Councilman Obremski seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

________________________________
Donna Marie Luciani
Township Clerk