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

Minutes: March 1, 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
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

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

Mayor Guadagno led the Pledge of Allegiance.

SWEARING IN CEREMONY: Sergeant Keith Donovan

Chief Mason introduced several retired members of the police force in the audience, including Mike Haas, Craig Wolfson, Tom Donovan, Warren Johnson, Gary Gouck and Bruce Heeseman.

Manager Lovell provided background information on Sergeant Donovan.

The Oath of Office was administered by Sgt. Donovan’s daughter Kaitlyn. The Bible was held by his son Ryan.

BREAK

RE-CONVENE

Manager Lovell reported that he received a letter recently from three residents regarding the tower behind Phyllis Place and Arthur Lane. The letter brought to light a number of issues, and the Manager’s comments included the following:

There are a number of tower installations in the town
One of the tallest in the state is the American Tower, 430 feet high, which dates back to the 1940s or 1950s
Several other towers in town are under 150 feet in height
The American Tower is planning to co-locate additional antennas and will be exceeding the capacity of the tower by perhaps three percent
This situation could arise all over town with the towers under 150 feet because they are not required to come before the Board of Adjustment
He has asked the Engineer to draft an ordinance that will require tower operators seeking permits for additional antennas to provide a structural map of the tower and its load bearing capacity
The Manager would like to move fairly quickly on the ordinance
He will be back before the Council at a future work session to propose legislation to deal with this issue

OPEN TO PUBLIC

Myra Sesko, 69 Musiker Avenue, thanked the Council for discussing the issues surrounding the cell tower in her neighborhood. She and the other residents are concerned about the safety of the tower and the negative impact on the neighborhood. In 1998 an agreement was reached with American Tower and a resolution adopted by the Board of Adjustment that recognized that dish antennas have a negative visual impact on the surrounding neighborhood. The proposed dish antenna at American Tower is for point-to-point microwave communication for which there are alternative technologies that will accomplish the same objective. Mrs. Sesko read the following petition signed by many of her neighbors into the record:

We, the undersigned residents of Randolph Township, New Jersey, hereby petition the members of the Town Council to review a “memorandum” dated February 16, 2012, written by George Unverzagt, P.E., to the Zoning Board of Adjustment regarding the safety of the cellular communications tower located at 18 Arthur Lane (Block 121, Lot 32). This property is known locally as the Mt. Freedom Tower and is owned by the American Tower Corporation.

We are concerned that the Structural Analysis Report, prepared by American Tower Engineering Services, dated August 31, 2011, referenced in the above “memorandum” shows that the tower will exceed 100 percent of its strength rating. A January 26, 2012, application approved by the Zoning Board of Adjustment for McKay Brothers, LLC, to add two dish-style antennas has increased the tower usage to 103 percent of its structural integrity. In November 2011, the Board also approved another applicant, GigaBeam Corporation, for two dish-style antennas.

We feel that the Board of Adjustment has disregarded the spirit of its resolution dated January 2, 1998, wherein it states that “... dish antennas increase negative visual impact on the surrounding residential neighborhood which has already suffered significant impact from this facility.”

As residents in close proximity to the tower, we are concerned that public safety is being compromised. We urge the Town Council to review all recent actions that pertain to this tower and provide the public with their findings prior to any additional antenna applications appearing before the Zoning Board of Adjustment for 18 Arthur Lane (Block 121, Lot 32).

If there is any way you could help us, we would appreciate it. We thank you.

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

MANAGER’S REPORT

Manager Lovell reported that he has had discussions with officials at the County College of Morris regarding their solar panel initiative. Canopies will be constructed over a number of parking lots as well as installed on a number of roofs on the campus. The Manager proposed having a meeting with Dr. Yaw and attended by Councilwoman Veech, Councilman Napoliello, and Deputy Mayor MacArthur for further discussion.

Deputy Mayor MacArthur asked if the solar project would impact the town’s ability to hold fireworks at that site.

Manager Lovell responded that he asked that question, however nothing has been decided at this point.

The Manager also reported that he has had conversations with the attorney representing the owner of Stonybrook Day Camp. The attorney has asked for a meeting with Councilman Loveys, Deputy Mayor MacArthur and Mayor Guadagno in order to make a presentation on behalf of his client. Manager Lovell suggested that the Township Attorney be at that meeting as well.

The Click It or Ticket Grant application is on the agenda this evening for approval. Two years ago the Council directed the Manager to not apply for these types of grants without Council authorization.

Police Chief Mason described how the money from the grant will be used, and his comments included the following:

The Click It or Ticket grant is a federal grant administered through the state to the local police departments
Since the seat belt law went into effect, there has been an increase in compliance
The campaign is a two-week period
The department will receive $4,000.00 to be used to pay for hours of enforcement at a rate of $50.00 per hour for each officer
This is a performance based grant
In 2010 there were 600 summonses issued
The police details are usually run at high traffic areas during rush hour periods
The primary goal is to bring awareness to the law that is in effect through education and enforcement

COMBINED ACTION ITEMS

Councilwoman Veech 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
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

A. Authorizing Change Order #1 for Senior Center Site Due to Costs Associated With Additional Paving, Curbing and Removal of Sidewalks Amounting to $14,571.00 Less the Township’s Credit of $3,040.00, Bringing New Total to $11,531.00

R-85-12

WHEREAS, JA Alexander, contracted by the Township to perform site work at the Library and Senior Center, has incurred additional costs associated with the paving, curbing and sidewalk that needed to be removed; and

WHEREAS, in addition, the coordination with the building contractor resulted in the removal of concrete stairs and a portion of the pavement; and

WHEREAS, Change Order #1 for this site is recommended by the Engineering Department as follows: additional pavement, sidewalk and curb—$13,843.00 minus the credit for stairs and pavement (-$3,040.00), totaling $10,803.00.

NOW, THEREFORE, BE IT RESOLVED by the Manager and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Order #1 is approved and the contract be so amended.

BE IT FURTHER RESOLVED that signed copies of this resolution shall serve as the contract amendment.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 1, 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 #2-10, Community Center/Library Renovations, to amend the contract with JA Alexander for additional paving, curbing and removal of sidewalks in the amount not to exceed $10,803.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

B. Release Road Opening Cash Bond for 123 Park Avenue to Richard Lang—$500.00

R-86-12

WHEREAS, the Engineering Department has received a request from Richard E. Lang for the release of a $500.00 cash road opening bond posted for the purpose of repaving an existing driveway at 123 Park Avenue, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 28, 2009; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repaving of an existing driveway at 123 Park Avenue 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 Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Richard E. Lang, 123 Park Avenue, Randolph, NJ 07869.

C. Refund Tax Overpayment for 4 Fawn Hill Court to Brian and Leslie Doherty—$1,634.57

R-87-12

WHEREAS, Brian and Leslie Doherty have been granted a reduction in assessed valuation for the tax year 2010 by the Tax Court of New Jersey on Block 81.04, Lot 7, known as 4 Fawn Hill Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $1,634.57; 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 $1,634.57 to Brian and Leslie Doherty.

D. Refund Outside Tax Sale Certificate to FWDSL & Associates—$46,628.15

R-88-12

WHEREAS, Outside Tax Sale Certificate #1842, held by FWDSL & Associates, assessed to 419 Route 10 East, LLC, Block 112, Lot 13, 419 Route 10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $20,628.15, and premium in the amount of $26,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $46,628.15 to FWDSL & Associates, LP, holder of Tax Sale Certificate #1842.

E. Rescind a Portion of MCCPC Contract 20-B, Sporting Goods, with Metuchen Center

R-89-12

WHEREAS, the Township of Randolph authorizes the rescission of a portion of Metuchen Center’s contract for Item 6c in Category C (Lacrosse Equipment) of MCCPC Contract #20-B (Sporting Goods):

Category C: Lacrosse Equipment
Item 6c: Lacrosse Chest Protector (large)—STX Stinger—$32.90 each

WHEREAS, Metuchen Center was awarded various items in Contract #20-B (Sporting Goods) on July 1, 2011, but is unable to hold their pricing for the remainder of the contract period expiring June 30, 2012, for Item 6c in Category C due to substantial increases in the industry.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that a portion of Metuchen Center’s contract for Item 6c in Category C (Lacrosse Equipment) of MCCPC Contract #20-B (Sporting Goods) be rescinded for not holding their pricing for the remainder of the contract period expiring June 30, 2012.

F. Refund Escrow for Block 227, Lot 72, to Michael Martirano—$512.50

R-90-12

WHEREAS, the Planning and Zoning Department received escrow funds from Michael Martirano, Block 227, Lot 72, in the amount of $2,500.00; and

WHEREAS, the project has been completed 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 $512.50 be refunded to Michael Martirano, 4 Tanager Lane, Morristown, NJ 07960.

G. Refund Overpayment of Taxes for Block 6, Lot 48, to Timothy O’Neal—$1,407.93

R-91-12

WHEREAS, Timothy O’Neal overpaid 2012 taxes in the amount of $1,407.93 on Block 6, Lot 48, 55 Park Avenue; 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 $1,407.93 to Timothy O’Neal.

H. 2011 Appropriation Reserves Budget Transfers

R-92-12

WHEREAS, various 2011 bills have been presented for payment this year, which bills were not covered by order number and/or recorded at the time of transfers between the 2011 Budget Appropriation Reserve in the last two months of 2011; and

WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, that transfers in the amount of $49,700.00 are made between the 2011 Budget Appropriation Reserves:

FROM	AMOUNT	TO	AMOUNT
Adm. & Executive, O.E.	$1,000.00	Legal, O.E.	$1,000.00
Municipal Clerk, O.E.	$2,000.00	Fire, S&W	$500.00
Police, S&W	$700.00	Recycling, S&W	$3,500.00
Recreation, S&W	$3,500.00	Telephone, O.E.	$3,000.00
Street Lighting, O.E.	$1,000.00	Court, O.E.	$200.00
Water/Sewer, O.E.	$10,000.00	Water/Sewer, S&W	$10,000.00
Sewer Service-Morris Twp.	$31,000.00	Water Purchase-MCMUA	$31,000.00
Water/Sewer-Telephone	$500.00	Water/Sewer-Natural Gas	$500.00
Total	$49,700.00	Total	$49,700.00

I. Authorize Click It or Ticket Grant Application—$4,000.00 for 80 Hours

R-93-12

WHEREAS, a large percentage of motor vehicle occupants killed in traffic crashes were not wearing a seat belt; and

WHEREAS, use of a seat belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and

WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by seat belt usage nationally between 1975 and 2000; and

WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 21 through June 3, 2012, in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education; and

WHEREAS, a further increase in safety belt usage in New Jersey will save lives on our roadway.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby authorize the grant application to the State of New Jersey to reimburse police enforcement 80 overtime hours for $4,000.00.

BE IT FURTHER RESOLVED that the Manager is hereby authorized to sign the authorization.

J. Authorizing Road Closures for the Paramount Bike Club to Hold Triathlon on July 8, 2012

R-94-12

WHEREAS, Mike Nusbaum, President of the Paramount Adventure Club and Race Director for the Randolph Lake Triathlon, is requesting Randolph Township’s support and cooperation for their Annual Triathlon competition on Sunday, July 8, 2012, in Randolph; and

WHEREAS, this event raises money for the Lakeland Youth Track and Field League as well as several other community organizations; and

WHEREAS, the bicycle race segment will primarily be held in Randolph and will require police assistance in making the roads safe.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the Township Council lends its support for the Annual Triathlon Competition.

K. Authorizing Randolph to Join Morris County Adaptive Recreation Program (McARP)—Not to Exceed $3,259.00

R-95-12

WHEREAS, there has been created a Morris County Adaptive Recreation Program (McARP); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost is estimated to exceed $300,000.00; and

WHEREAS, the Randolph Township costs with respect thereto will be approximately $3,259.00 to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the Council of Randolph Township as follows:

Randolph Township hereby intends to join the Morris County Adaptive Recreation Program (McARP) as described above and contribute thereto in the amount not in excess of the Fair Share Assessment for one year.

L. Refund Overpayment of Taxes for Block 84, Lot 13, to Stephen Richer—$1,721.52

R-96-12

WHEREAS, Stephen Richer has overpaid 2012 taxes in the amount of $1,721.52 on Block 84, Lot 13, 7 Farview Avenue; 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 $1,721.52 to Stephen Richer.

M. Raffle License, Tricky Tray, Nixon Elementary School PTA, May 4, 2012, 8:00 p.m. to 10:00 p.m. at the Skylands at Randolph, 792 Route 10 West, Randolph

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #2-12—Crosswalk Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-54, CROSSWALKS, AND DELETING SECTION 31-476, ESTABLISHED, OF CHAPTER 31, TRAFFIC AND VEHICLES, 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 noted that this ordinance is a comprehensive list of crosswalks in the Township that will be brought up to NJ DOT standards. The ordinance takes the steps necessary to protect the public and protect the community.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-54, CROSSWALKS, AND DELETING SECTION 31-476, ESTABLISHED, OF CHAPTER 31, TRAFFIC AND VEHICLES, 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.

Deputy Mayor MacArthur made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) Ordinance #3-12—Sidewalk Maintenance Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 44, STREETS AND SIDEWALKS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE X, MAINTENANCE AND REPAIR OF SIDEWALKS” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that towns throughout New Jersey adopted ordinances very similar to this back in the 1990s. This ordinance differs from the prior ordinance with regard to the repair and maintenance of sidewalks running through private property. The property owner will be responsible to maintain the sidewalk and keep it free from hazardous conditions. The ordinance also includes language that makes the Township responsible for installing accessibility ramps at all road intersections to comply with ADA standards, language dealing with snow and ice removal, and language regarding the ability to petition the town to remove a sidewalk to nowhere.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Judith Stewart, 114 Everdale Road, asked if the macadam path that runs along her property would be subject to the new ordinance.

Manager Lovell responded that a sidewalk is defined under the construction standards and he does not believe a macadam path fits that description.

Mrs. Stewart stated that she believes requiring homeowners to maintain sidewalks and to remove snow constitutes an unequal tax.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 44, STREETS AND SIDEWALKS, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE X, MAINTENANCE AND REPAIR OF SIDEWALKS” 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 Loveys stated that he really struggled with this ordinance. While he doesn’t object to the maintenance aspect of the ordinance, he did have concerns with the repair aspect. However, he doesn’t believe it’s reasonable to expect the town to be able to deal with all of the sidewalks. This ordinance is not a perfect ordinance and created inequities, however he does believe that it is in the best interests of the residents in a global situation.

Deputy Mayor MacArthur stated that he also believes that the town can not take on the responsibility of all of the sidewalks in town. If this ordinance does not pass, the township would be responsible for something it can not maintain. The neighborhoods in which sidewalks are located are the primary beneficiaries of those sidewalks and he doesn’t believe it is unreasonable to expect those homeowners to maintain them.

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

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

NAYS: None

(3) Ordinance #4-12—Police Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND REPLACING DIVISION 10, ‘DEPARTMENT OF POLICE AND EMERGENCY MANAGEMENT’ OF ARTICLE 3, ‘GENERAL ADMINISTRATIVE ORGANIZATION,’ OF CHAPTER 2, ‘ADMINISTRATION,’ OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that Randolph is in the process of achieving accreditation for the Police Department. One of those steps is to upgrade the ordinance to reflect certain standards that are recognized as being important to the operation of law enforcement agencies in the state within the municipal governments they serve.

The Mayor opened the meeting for a public hearing on this ordinance.

Mrs. Stewart commented on several areas where commas were used incorrectly in the ordinance. The Township Attorney noted that none of those instances would create a substantive change to the ordinance.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND REPLACING DIVISION 10, ‘DEPARTMENT OF POLICE AND EMERGENCY MANAGEMENT’ OF ARTICLE 3, ‘GENERAL ADMINISTRATIVE ORGANIZATION,’ OF CHAPTER 2, ‘ADMINISTRATION,’ OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

(4) Ordinance #5-12—Authorizing the Establishment of a Budget Appropriation Cap Bank of 3.5% in Accordance with N.J.S.A. 40A:4-45.15a

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2012 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that municipalities in New Jersey are contending with two caps, one on appropriations and the other a levy cap. Randolph is under both caps at this time. This ordinance will allow the banking of any unused cap dollars for appropriations into next year and will provide flexibility in future budgets.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2012 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

BREAK

RE-CONVENE

B. Introduction

(1) 2012 Capital Ordinance Appropriating $1,438,500.00 for Road System, Park System, Water System, and Storm System Improvements

Manager Lovell noted that this cash ordinance puts into play the cash appropriations for capital improvement projects planned for 2012. He is expediting this ordinance in order to get the road overlays moving as quickly as possible. This ordinance will also cover the water meter replacement for the County College of Morris and a septic system issue at Randolph Park. Funds for this ordinance include $1,115,000.00 from the Capital Improvement Fund, $229,500.00 from the Recreation and Redevelopment Trust Fund, and $94,000.00 received from the Morris County MUA.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2012 CAPITAL IMPROVEMENTS APPROPRIATING $1,438,500.00 THEREFORE, INCLUDING $1,115,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $229,500.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; AND $94,000.00 DUE FROM THE MORRIS COUNTY MUA” 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 3rd of April, 2012, at 7:00 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.

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

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

NAYS: None

(2) Amend Bond Ordinance #2-10—Community Center/Library to Include Renovation to VFW

Manager Lovell stated that the 2010 bond ordinance funding the Library and Community Center projects will be amended to include renovations to the VFW building. A number of Council members visited the VFW building recently to see what was going on there in terms of renovations.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AMENDING THE TITLE OF BOND ORDINANCE NO. 02-10 FINALLY ADOPTED APRIL 6, 2010, IN AND BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Napoliello made a motion to introduce the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, noted that she appreciated the swearing-in ceremony of Sgt. Donovan.

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

COUNCIL COMMENTS

Councilman Napoliello reported that there will be a Town Hall meeting in April entitled “What Every Parent Needs to Know About Underage Drinking” hosted by the Municipal Alliance Committee.

Councilman Obremski noted that he will be recusing himself from future cell tower discussions due to a potential conflict of interest.

Councilwoman Veech reported that she has spoken to Freeholder Feyl and he has agreed to host a meeting with Randolph’s roads committee to discuss Sussex Turnpike and the alignment of Hanover Avenue, Route 10, Center Grove Road, and Dover Chester Road and the ability of using some emergency funding to do some work.

Councilman Loveys reported that he attended a meeting recently along with Mayor Guadagno regarding the draft of the state’s strategic plan for future growth. The state is holding a series of such meetings, and following these public sessions the plan will likely come to a vote. The plan lays out areas where funding would be more readily available and where they would like to see state money spent. The plan also addresses increased coordination between various government entities and agencies to encourage economic growth.

Deputy Mayor MacArthur updated the Council on work being done by the Communications Task Force. They have people working on a marketing plan and hope to roll out the program in April or May.

Manager Lovell reported that there is a possibility that lists compiled for people interested in the “alert” aspect of the system may be obtainable to others under the demand for public information.

Ms. Luciani reported that the attorney has stated that Randolph would have to provide that information upon request.

After a brief Council discussion, Deputy Mayor MacArthur stated that he will discuss this issue with SwiftReach to see if there is a solution to this issue.

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. Refund Tax Overpayment for 48 West Hanover Avenue for 2007 and 2010 to Chabad of Randolph—$32,755.50

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 9:00 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

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

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

NAYS: None

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

AYES:
Councilman Loveys
Councilwoman Mitsch
Deputy Mayor MacArthur
Mayor Guadagno

NAYS:
Councilman Napoliello
Councilman Obremski

ABSTAIN: Councilwoman Veech

Resolution—Refund Tax Overpayment for 48 West Hanover Avenue for 2007 and 2010 to Chabad of Randolph—$32,755.50

R-97-12

WHEREAS, Chabad of Randolph has been grated to a tax exempt property for the tax years 2007 and 2010 by the Tax Court of New Jersey on Block 166, Lot 1.01, known as 48 West Hanover Avenue; and

WHEREAS, an overpayment exists as a result of the exemption for the year 2007 in the amount of $15,623.16 and in 2010 in the amount of $17,132.34; 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 $32,755.50 to Chabad of Randolph.

ADJOURNMENT

Mayor Guadagno adjourned the meeting at 9:45 p.m.

_________________________
Donna Marie Luciani
Township Clerk