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, 2012

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Guadagno. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011.

PRESENT:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech (arrived at 7:10 p.m.)
Deputy Mayor MacArthur
Mayor Guadagno

ABSENT: Councilman Obremski

Manager Lovell noted for the record that Councilwoman Veech is attending a function representing the Township and Councilman Obremski was absent due to a family emergency.

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

Mayor Guadagno led the Pledge of Allegiance.

APPROVAL OF COUNCIL MEETING MINUTES:

(1) February 11, 2012 (Budget Meeting)

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

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

NAYS: None

ABSENT:
Councilman Obremski
Councilwoman Veech

(2) February 16, 2012

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

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

NAYS: None

ABSENT:
Councilman Obremski
Councilwoman Veech

OPEN TO PUBLIC

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

MANAGER’S REPORT

Manager Lovell’s report included the following:

• The last of the wood chips have been removed from Heistein Park
• The Public Works building is moving toward deadline—town crews will be responsible for site plan improvements which will continue into the summer
• He had a meeting with the Board of Education to discuss how the DPW building will be shared and security issues
• The Library and Community Center are anticipated to be completed in late June—overlay of the parking lot will be done during the summer
• There is still one sink hole remaining that did not get excavated but that will be done sometime in May or June and there will be a change order before the Council shortly
• Some improvements are going to be made inside the lobby of the Library
• The Sussex Turnpike sewer line project will begin again on March 19 but it should not have the same impact on traffic that the earlier portion did
• The final aspect of the Sussex Turnpike project is to mill and pave the road where the sewer line was put in
• The water booster pump station on Longview should be active in a week or so after pressure reducers have been installed and a problem with a valve has been corrected
• There has been some changes with regards to the Highlands—the Manager will ask Bob Michaels to return to the Council with a revised map and revised information—he would also like to set a meeting with the Executive Director of the Highlands and the Council
• The courts have determined that the Governor did not have the power to disassemble COAH—he is working with COAH staff and hopes to have an approved plan shortly
• The temporary Director of COAH has expressed support for the Habitat project in Randolph—the Manager will ask Bob Michaels to make some modifications to the housing element for Council approval and presentation to COAH
• Discussions with the Township Attorney, Mr. Ferriero, and Mr. Carney have taken place regarding tower co-locations and the potential impact—an ordinance will be presented to the Council in the next few weeks

Mayor Guadagno suggested that separate ribbon cutting ceremonies be planned for the Library, Senior Community Center, and DPW building.

RECOGNITION OF GIRL SCOUT SAMANTHA MESSER

Mayor Guadagno noted that Samantha Messer is also a member of the Economic Development Committee and suggested she be assigned to the Board of Health next year.

Ms. Messer noted that she co-founded Operation Smile at the high school to raise money for children in third world countries with cleft deformities and cleft palates. Next year she hopes to assist on a medical mission to one of the third world countries.

Ms. Messer was presented with a plaque in recognition of her achievement.

COMBINED ACTION ITEMS

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

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

NAYS: None

ABSENT: Councilman Obremski

A. Authorizing Execution of Agreement for Internet Services with Randolph Township Board of Education

R-98-12

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

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

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

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

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

B. Release Escrow Funds to St. Matthew the Apostle Parish—$500.00

R-99-12

WHEREAS, the Planning and Zoning Department received escrow funds from St. Matthew the Apostle Parish, 335 Dover Chester Road, Block 49, Lot 2.01, in the amount of $500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Darren Carney, Planning and Zoning Administrator, that the remaining escrow funds in the amount of $500.00 be refunded to St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph, NJ 07869.

C. Extending Contract for Electrical Sub-Code Inspection Services to Building Inspection Underwriters

R-100-12

WHEREAS, bids were received on April 28, 2010, in accordance with the Local Public Contracts Law; and

WHEREAS, the contract was awarded to Building Inspection Underwriters, Inc., Berlin, New Jersey, at a total of seventy-fie percent (75%) of sub-code inspection fees for all three years; and

WHEREAS, the contract was awarded for a one year period from June 1, 2010, through May 31, 2011, extended for an additional one year period from June 1, 2011, through May 31, 2012, with the option to extend for one additional one year period from June 1, 2012, through May 31, 2013; and

WHEREAS, the Township wishes to extend the contract for the final year extension option for the one year period from June 1, 2012, through May 31, 2013.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a one year contract be awarded to Building Inspection Underwriters, Inc., Berlin, New Jersey, for Electrical Sub-Code Inspection Services for the period of June 1, 2012, through May 31, 2013.

D. Public Works Garage Change Orders: Approve Change Order #6 (Credit $1,866.00) and Change Order #8 (Credit $62,100.00)

R-101-12

WHEREAS, Architect Charles Schaffer, contracted by the Township of Randolph to perform construction administration with regard to the DPW Garage, has recommended three change orders to the contract with Rochelle Contracting Company, Inc.; and

WHEREAS, the original contract with Rochelle Contracting Company, Inc., and previous change orders are as follows:

WHEREAS, it is recommended by the Architect that the following change orders be approved:

WHEREAS, the revised contract with Rochelle Contracting Company, Inc., including all change orders is $2,872,897.10.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Orders #6 through #8 be approved and the contract be amended.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 15, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #5-11, Public Works Facility, to amend the contract with Rochelle Contracting Company, Inc., in accordance with Change Orders #6 and #8 in the amount of $(63,966.00) for a total revised contract of $2,872,897.10.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorize Morris County First Responder Identification Card Participation

R-102-12

WHEREAS, the County of Morris was a designated recipient of United States Homeland Security Funding in Federal Fiscal Years 2007 and 2008; and

WHEREAS, the federal funding is administered through the New Jersey Office of Homeland Security and Preparedness to the Morris County Office of Emergency Management; and

WHEREAS, the Morris County Office of Emergency Management under the direction of the County Board of Chosen Freeholders formulates and approves a spending plan for the Homeland Security Funds directed to the County of Morris that is consistent with the rules and parameters of the specific grant and submits the spending plan to the new Jersey Office of the Attorney General for approval; and

WHEREAS, the Morris County Office of Emergency Management recognized that there is no current standardized identification card for first responders within the County of Morris; and

WHEREAS, the Township of Randolph wishes to participate in this program for a secure, easily recognizable identification card for first responders that conforms to the Office of the Attorney General’s June 2011 guidance for New Jersey Credentialing Standards; and

WHEREAS, the Morris County First Responder Identification Card will display the Township of Randolph appropriate emergency services symbol and the appropriate emergency services name; and

WHEREAS, participation in this program is at not cost to the Township of Randolph; and

WHEREAS, this body supports a secure, easy to read identification card for our emergency services to employ.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, New Jersey, that the Township of Randolph be and is hereby authorized to participate in this program.

BE IT FURTHER RESOLVED that the Office of Emergency Management Coordinator William Wagner be and is hereby authorized and directed to undertake the necessary municipal requirements and provide the necessary data and information to the County of Morris to insure participation in this program.

F. Authorize Award of Professional Services Agreement to Aurora Environmental for 4 Site Closures in Randolph—Not to Exceed $18,030.00

R-103-12

WHEREAS, the Township of Randolph previously solicited a proposal from and awarded a contract to Aurora Environmental, Inc., for work to close four sites in Randolph; and

WHEREAS, the State of New Jersey has recently implemented a Licensed Site Remediation Professional (LSRP) Program for site closures; and

WHEREAS, Aurora Environmental, Inc., has provided a proposal to conduct the additional duties now required under the LSRP program; and

WHEREAS, the Township of Randolph desires to retain Aurora Environmental, Inc. as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is for not more than one year from March 1, 2012; and

WHEREAS, Aurora Environmental, Inc. will be paid a fee not to exceed $18,030.00 per their attached proposal; 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 Aurora Environmental, Inc., as described herein.

G. Raffles

(1) Off-Premise Merchandise Raffle, Greek Orthodox Community Center of Randolph, June 24, 2012, 12:30 p.m., at St. Andrew Hall, 1447 Sussex Turnpike, Randolph

(2) Off-Premise Merchandise Raffle, St. Matthew the Apostle Parish, July 8, 2012, 12:15 p.m., 335 Dover Chester Road, Randolph

(3) Special Social Affair Permit, St. Andrew Greek Orthodox Church, June 8 from 11:a.m. to 12:00 midnight, June 9 from 12:00 noon to 12:00 midnight, and June 10 from 12:00 noon to 8:00 p.m. at St. Andrew Community Center, 1447 Sussex Turnpike, Randolph

INTRODUCTION OF THE 2012 MUNICIPAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM

Manager Lovell’s comments included the following:

• He expressed his thanks to Mr. Soccio for doing a wonderful job of pulling together the budget
• This budget was put together with a lot less pain than in recent years, partly due to decisions that were made in past years to greatly reduce the scope of the organization
• Randolph has gone from 140 full time employees to 118 full time employees
• Randolph has privatized and entered into shared services in order to find solutions to service needs at a minimal cost to the public
• The budget came in under the 2 percent cap levy and below the appropriations cap
• This year’s total budget comes to $27,748,088.00.
• The water and sewer budget comes to $7,402,163.00
• Three categories caused difficulty—health insurance costs rose by $338,838.00, the Reserve for Uncollected Taxes increased by $236,712.00, and the Capital Improvement Program, which is being moved to more of a cash program, increased by $389,200.00
• The Township is still facing tax appeals so additional dollars have been banked to cover those appeals
• This year’s budget calls for a tax increase of approximately 2 cents
• With declining state revenues, increased costs, and the desire to move away from bonding to a cash program, it was necessary to push up the rate
• The actual increase is .019 with an impact on the average assessed home of $63.47 per year, or $5.29 per month
• The water and sewer budgets are relatively stable
• There is a reduction in the sewer budget of 10.5 percent for a total of $4,332.215.00
• The water fund budget is increasing by 4.3 percent to $3,069,948.00 as a result of an increase in water consumption in 2011—Randolph is prioritizing leak detection and the replacement of large water meters throughout the Township in an effort to account for all water consumed
• Randolph continues to enjoy a AAA bond rating and is one of a very small group of towns to do so
• Rating agencies look at the financial condition of the town and rate it as being essentially sound—that is a reflection of the conservative budget principles that have dominated the Council for many years
• He considers the budget to be a conservative fiscal document that will meet the needs of the community

Manager Lovell read the following budget introduction document into the record:

R-104-12

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the Township of Randolph for the year 2012.

BE IT FURTHER RESOLVED that said Budget be published in the Randolph Reporter on April 5, 2012.

THE GOVERNING BODY of the Township of Randolph does hereby introduce the following as the Budget for the year 2012:

A HEARING ON THE BUDGET and Tax Resolution was approved by the Governing Body of the Township of Randolph, County of Morris, on March 15, 2012. A Hearing on the Budget and Tax Resolution will be held at the Municipal Building on April 19, 2012, at 7:00 p.m. at which time and place objections to said Budget and Tax Resolution for the year may be presented by taxpayers or other interested persons.

Mayor Guadagno made a motion to introduce the 2012 budget. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Mayor Guadagno thanked the Town Manager and Mr. Soccio for their excellent work and noted that he is very comfortable with the budget.

DISCUSSION ITEMS

A. Mendham Seeing Eye Shelter

Manager Lovell noted that he is working through the process with the NJ DEP Green Acres Division for the ability to use the Mendham Seeing Eye property. This is a joint effort between Randolph and Mendham Township and he is in regular contact with his counterpart, Steve Mountain. They will begin negotiating a long term lease agreement. Mr. Mountain indicated that one or two members of his Township Committee will be sitting in on those negotiations and the Manager suggested some of the Council members participate in negotiations as well.

Councilman Obremski and Mayor Guadagno will participate in the negotiations.

B. Electronic Signs

Manager Lovell reported that he is in the process of getting the electronic sign specs completed. He asked that the Council weigh in on their preference for a uniform header for the signs.

The Council indicated a preference for having “Established 1805” on the signs with no street addresses.

C. United Cerebral Palsy (7 Main Street)

Manager Lovell reported that the home on Main Street run by United Cerebral Palsy has eclipsed 20 years and the COAH credits have now been released, which means there is no longer a deed restriction and the house could be sold for market value. United Cerebral Palsy is going through a funding crisis because of state cutbacks and may be looking to sell assets for revenue. The Manager asked the Council if there was any interest in purchasing the COAH credits and re-entering into another long term agreement and deed restriction on the property. The Manager reminded the Council of the need for COAH credits in order to meet fair share obligations with the state, however with the changes occurring with regards to COAH, he is unsure what Randolph’s obligation is at this time. He also cautioned the Council that the COAH units at Woodmont are approaching their 20 year term agreements.

After brief discussion by the Council, the Manager stated that this issue will be before the Council again in two weeks after he gets more information on this issue.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, thanked the Council for recognizing the Girl Scouts who achieve their Gold Award.

Lee Whilden, 82 Radtke Road, expressed to the Council that they must work hard to assure that low income properties will not be transferred to anyone except those in need of affordable housing in order to protect present and future generations.

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

COUNCIL COMMENTS

Manager Lovell noted that Fifth Friday is coming up on March 30 at Nicole’s 10 from 5:00 p.m. to 7:00 p.m.

Councilman Loveys reported that there will be two bench dedications on May 8 at Freedom Park at 7:00 p.m. One of the benches is in memory of Ryan Steidl. The Parks Committee has passed the regulations they’ve been working on regarding tournaments and special events. It is basically a policy document defining various types of events held at the park facilities and outlining rules and controls to ensure the events run smoothly. There may be a fee for some of the events, so it is likely the Council will be seeing an amended fee ordinance.

Manager Lovell noted that the fee schedule should be forwarded to him as soon as possible, however a change may be too late for the summer season.

Councilwoman Veech reported that the Library Board met recently. A sub-committee has been formed to determine a vision and strategy for how they want to spend the money that was to be used for a new children’s wing. The Board of Health is looking for ideas and suggestions on how to best get the word out to the residents regarding new recycling materials that are now being accepted. The Councilwoman represented Randolph at the Morris County Council of Education Association’s celebration and attended a recent Morris County Economic Development Committee program.

Deputy Mayor MacArthur reported that the Communication Task Force will meet again next week to discuss the implications from the Open Public Records Act and other issues. The Traffic Advisory Committee discussed various intersections that are of concern in terms of safety. The group was unanimous in their opinion that the left turn at Center Grove Road is a high priority and they are discussing this issue with the County College of Morris. The Deputy Mayor noted that the Chairperson from the Traffic Advisory Committee would like to ride along with a police officer for a day, although it is not certain what liabilities would come into play.

Manager Lovell reported that the high school won the state championship and would like to invite the team to a reception this spring. Mayor Guadagno suggested that Councilman Loveys hand out the certificates since he is a father to one of the players on the team.

Councilman Loveys reported that it has been determined that there are approximately 1,386 deer in the township and that a 40 percent growth of that number is anticipated based on spring fawns. The local township hunts this past year have thus far recorded 70 deer killed, however not every hunter has reported yet.

Manager Lovell noted that the numbers from the hunt at the County Park have not been released yet.

Manager Lovell sent word through the email alert system, the local newspapers, and the web site notifying residents about a rabid raccoon found in the Shongum School area. The raccoon was destroyed and tested positive for rabies.

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. Collective Bargaining Negotiations with Teamsters, RTEA and RTSMEA
B. Potential 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.

Councilwoman Veech made a motion to move into Executive Session at 8:25 p.m. Councilman Loveys seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

Councilman Napoliello made a motion to move back into Open Session at 9:00 p.m. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Obremski

ADJOURNMENT

Councilman Napoliello made a motion to adjourn the meeting at 9:15 p.m. Councilwoman Veech seconded the motion and the voice vote was unanimous.

_________________________
Donna Marie Luciani
Township Clerk