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

Minutes: March 27, 2014

A. OPENING OF REGULAR MEETING

1. Call to Order

A combination budget meeting and work session meeting of the Randolph Township Council was called to order at 5:00 p.m. by Mayor Loveys. 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, 2013, by e-mailing them the annual resolution adopted by the Council on December 5, 2013. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 12, 2013. The time change of this meeting was e-mailed to the Randolph Reporter on March 4, 2014, and was advertised in the Randolph Reporter on March 6, 2014.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

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

3. Mayor Loveys led the Pledge of Allegiance.

B. 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:

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 Executive Session, the Council may reconvene in public session for the purpose of taking formal action.

Councilman Guadagno made a motion to move into Executive Session at 5:05 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

Deputy Mayor Veech made a motion to return to Open Session at 6:35 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

C. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road reported that the public packets did not include the agenda for the next meeting.

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

D. MANAGER’S REPORT

Manager Lovell expressed his appreciation to the Council for everything that has been accomplished during his time as Township Manager. He also commended the township staff. The Manager also expressed that there has been a tremendous relationship between Council, Manager, and staff to make Randolph a wonderful town in which to live. He also commended Ed Buzak and his staff, the Fire Department, and the volunteers in Randolph. The Manager expressed his appreciation for the Randolph residents, and particularly Judy Stewart and her dedication to the township.

E. APPROVAL OF MEETING MINUTES

1. Approval of the Meeting Minutes from November 21, 2013

Councilman Hirniak made a motion to approve the meeting minutes from November 21, 2013. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler (abstained)
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Loveys
Mayor Loveys

NAYS: None

F. 7:00 PM RECOGNITION/PROCLAMATION—Lobby

1. Honoring Girls Cross Country Team Champions

G. COMBINED ACTION RESOLUTIONS

Mayor Loveys pulled Item #4 since there was no name inserted in the Resolution. Instead a motion to appoint an Interim Manager was made.

Councilman Guadagno made a motion to accept Items 1, 2, & 3 of the Combined Action Resolutions. Deputy Mayor Veech seconded the motion, and the following role call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

1. Authorizing Rejection of Sole Bid for Purchase of New, Unused Emergency Medical Vehicle

R-99-14

WHEREAS, the Township of Randolph advertised for the Purchase of a New, Unused 2014 or Newer Emergency Medical Vehicle and received bids on March 5, 2014; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bid was received from Bay Head Investments, Inc., Berlin, NJ for the price of $192,132.30; and

WHEREAS, the sole bid exceeds the appropriation for this purchase.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the sole bid for the Purchase of a New, Unused 2014 or Newer Emergency Medical Vehicle project be rejected since it exceeds the appropriation.

2. Transfer/Sale of Equipment and Ammunition to Morris County Sheriff’s Officer

R-100-14

WHEREAS, the Morris County Sheriff’s Office wishes to purchase 7 Heckler & Koch MP5Sub Machine Guns, as well as associated accessories and 35,000 rounds of ammunition from the Randolph Township Police Department; and

WHEREAS, these weapons would be used in a law enforcement capacity only and would be deployed by the Morris County Sheriff’s Emergency Response Team (SERT) to enhance its capabilities;

WHEREAS, the Morris County Sheriff’s Department wants to purchase these weapons, accessories and ammunition for the amount of $10,000.

WHEREAS, this transaction is approved of by Chief David Stokoe.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby authorize Randolph Township to sell the aforementioned items to the Morris County Sheriff’s Department.

3. Water System Master Plan—Amend Professional Service Agreement—Not to Exceed $31,500

R-101-14

WHEREAS, the Township of Randolph (“Township”) requires Water System Master Plan Update services; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and

WHEREAS, the Township has agreed to retain Hatch Mott MacDonald located at 111 Wood Avenue South, Iselin, NJ 08830-4112 to provide the necessary Water System Master Plan Update services for a total amount not to exceed $31,500 per their proposal; and

WHEREAS, the fees for these services are as noted in the attached proposal; and

WHEREAS, the anticipated term of this contract is until this project is fully completed; and

WHEREAS, the contract with Hatch Mott MacDonald is for a total amount not to exceed $31,500 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Hatch Mott MacDonald has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Hatch Mott MacDonald has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Hatch Mott MacDonald having an office at 111 Wood Avenue South, Iselin, NJ 08830-4112 to provide Water System Master Plan Update services until this project is fully completed.
2. Hatch Mott MacDonald shall be compensated for a total contract amount not to exceed $31,500.
3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 27, 2014

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance of the Township of Randolph, has ascertained that funds will be available in the Water Capital Fund, Master Plan accounts, to award a contract to Hatch Mott MacDonald for a water system master plan update, per its proposal.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 06-215-55-904-600 (not to exceed $1,500)
06-215-55-905-604 (not to exceed $30,000)

Deputy Mayor Veech made a motion to appoint Darren Carney as the Interim Township Manager from April 1, 2014 to April 14, 2014. Councilman Guadagno seconded the motion, and the following role call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

4. Appointing Interim Manager for April 1, 2014 to April 14, 2014

R-102-14

WHEREAS, Township Manager John C. Lovell is retiring as of March 31, 2014; and

WHEREAS, Stephen Mountain has been hired as the new Township Manager effective April 14, 2014 at 8:30 am; and

WHEREAS, there is a need to appoint an interim Township Manager to serve between April 1, 2014 and April 14, 2014; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph does hereby appoint Darren Carney to serve in all the capacities of Randolph Township Manager until April 14, 2014.

H. UPCOMING EVENTS

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 8-14: Amending Police Promotional Process

Manager Lovell explained that at the last meeting it was introduced, and at that time it would be shared with the FOP and obtain their input. They had two minor suggestions, but not so minor as to be considered diminimus. This vote was to amend the Ordinance with those two minor changes, and set another hearing date.

Keli Gallo explained the changes to the ordinance (in bold below):

Sec. 2-328. Promotional process for sergeants and lieutenants.

(a) Eligibility.

(1) To be eligible for promotion to the rank of sergeant, an individual shall meet the below stated criteria as of the date of the written examination:

(c) Selection process.

(2) The above-stated components shall be defined and ranked as follows:

c. Personnel file summary review:

1. Sick Time: The candidate using the most sick time shall receive a score of 1 and scores shall increase sequentially (i.e. 2, 3, 4, etc.) to the candidate using the least amount of sick time. Leave taken pursuant to the Family and Medical Leave Act of 1993 (“FMLA”) will not be calculated into the sick time usage when determining total sick time hours used.

Keli Gallo further explained that a vote to amend the Ordinance, and to set the date for the hearing were necessary.

Deputy Mayor Veech made a motion to accept the amendment to Ordinance 8-14 as read into the record by Keli Gallo with a hearing set for April 3, 2014. Councilman Guadagno seconded the motion, and the following role call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

J. DISCUSSION ITEMS

1. E.A. Porter—42 Bennett—Habitat Request—Site Remediation

Manager Lovell explained that he summarized the E. A. Porter environmental report in a Memorandum to the Council and included a CD with the entire report. Some of the issues include:

• The site is contaminated; it is an old factory site that has existed in Randolph since about the 1950s.
• The site was sitting in rem foreclosure situation for many years.
• The Township knew when it took over the site that there were leaking underground storage tanks, and 55 gallon drums that were leaking on site.
• They had planned to use COAH dollars. The dollars were preserved by saying they were invested into this property and a Memorandum of Understanding was entered into with the partners at Morris Habitat for Humanity to go through a remediation process and for them to develop 25 residential units on site.
• The first step is to hire a highly regarded environmental consultant to assist the township and EcolSciences, Inc. was chosen.
• EcolSciences is serving as a Licensed Site Remediation Professional (LSRP). They propose how the site gets cleaned up, they supervise the clean up, and sign off that the site has been cleaned up. EcolSciences has been working on this property since 2009, studying the site, doing some immediate cleanup, and they have completed the environmental report.
• There are PCBs in the building, there is some PCB contamination in a drainage ditch next to the building, there is a drywell on site that has some contamination, there will be some contaminated groundwater, and most of the site’s soil and asphalt will have to be removed from the site.
• They will have to develop a 10" thick cap for proposed landscape areas, and an 18" thick cap with vapor barrier protection for future parking lots and building’s footprints.
• There will be monitoring on site for the next 30 years.

Manager Lovell explained that none of these issues are uncommon to manufacturing sites; most industrial properties have some form of contamination. The project will probably exceed the dollars set aside in the COAH trust. The Manager went through the budget figures summarized in his Memorandum. The township must sign off on the submission of the EcolSciences report to the NJDEP no later than May 15th. EcolSciences would continue as the LSRP throughout the remediation and eventually sign off on documents to achieve a Remedial Action Outcome (RAO), previously known as a “No Further Action” letter from NJDEP. Manager Lovell explained that Habitat for Humanity will be involved; they are ready to begin a campaign to raise 4 million dollars towards building the townhomes.

2. Heritage 55

Manager Lovell explained that the Council gave direction on obtaining a trail and access easement; Rosenfarbs are amicable. An appraisal is being conducted by a mutually agreed upon appraiser. They are satisfied with the amended documents. Everything is moving in the right direction to get the Heritage 55 project underway in 2014. The township will get approximately 120 acres in dedicated open space, and the Rosenfarb farm will continue to be owned by the Rosenfarbs with a conservation easement on the property.

3. Seeing Eye Property

Manager Lovell explained that things are happening quickly; permits are being pulled, and contracts are in place. A second staff meeting was held and Claudine Cheung from the Friends of Randolph Animal Pound as well as other members attended. The Project Leader is Richard Lindsay, and the Construction Team Leader is Charlie Crossan. The design is complete. The name of the facility will be Randolph Regional Animal Shelter because five towns are being served. Donna Luciani will help coordinate contracts on the property, and do much of the administrative work. There is about $28,000 of budget flexibility. The Friends of the Randolph Animal Pound want to do fundraising on behalf of the facility.

4. Ironia Road Bridge Replacement

Manager Lovell explained that he has received the engineering design; it is a simple project that will use stone face. He explained that they could have a full blown meeting with the county engineers or let it go as planned. The Council asked for a public session to be scheduled.

5. Review Agenda for April 3, 2014

There was no discussion on the agenda.

K. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road expressed that John Lovell has been the one Manager she has known in Randolph that has been the most comfortable to work with. She thanked the Council for having John Lovell as the Township Manager, and thanked John for being the Township Manager.

Chief David Stokoe stated that Randolph Township is a great community largely due to John Lovell as the driving force behind it. He felt that John Lovell was leaving the township in good shape with its reputation, the AAA bond rating, and the quality of the services. The Chief thanked Mr. Lovell for his guidance and his leadership, and wished him well in retirement. He presented Mr. Lovell a plaque on behalf of the Police Department recognizing his years of service and dedication to Randolph.

Bill Stroh, President of the Randolph Rescue Squad, stated that John Lovell has been a great supporter and leader. He explained that at one time the squad was struggling with limited volunteers, and Mr. Lovell noted there was a problem and committed himself to helping with a solution to the problem. Mr. Stroh thanked John Lovell for his support and presented him with a plaque on behalf of the Randolph Rescue Squad.

Kevin Dunn, Randolph Fire Department Chief, thanked John Lovell on behalf of the Fire Department for his guidance and support. He presented Mr. Lovell with a plaque on behalf of the Randolph Fire Department.

Manager Lovell commended the Police Department, Fire Department, and Rescue Squad for their dedication and commitment to providing excellent services for the residents of Randolph Township.

Mayor Loveys expressed that John Lovell earned the admiration and respect of those that worked for him by being an excellent leader. On behalf of the Township Council, Mayor Loveys presented Mr. Lovell with a Proclamation.

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

L. COUNCIL COMMENTS

Councilman Guadagno reported that Ralph Carchia was very helpful in getting PSE&G to help settle a problem that has been ongoing in Randolph for 3 years. There will be 30 new houses on gas lines from PSE&G even though they’re not in their area. It wasn’t Ralph’s job, he didn’t have to do it, but he took the same attitude that Mr. Lovell did, and he went out and got it. Councilman Guadagno thanked Ralph for his effort. Councilman Guadagno thanked John Lovell for his dedication to Randolph over the years.

Councilman Napoliello reported that the meeting times for MAC will now be at 9 am on the last Wednesday of the month. He also thanked John Lovell and commended him for all that he has done.

Councilman Hirniak reported that he circulated to Manager Lovell and Mayor Loveys a proposed final version of the resolution supporting a free and democratic and independent Ukraine. It will be sent to the rest of the Council for review prior to the formal presentation at the April 3, 2014 Council meeting. Councilman Hirniak expressed his thanks to John Lovell and stated that he has been the face and voice of Randolph Township & an asset to the community.

Councilwoman Carey expressed her gratitude to, and respect for, John Lovell and wished him the best in his retirement.

Councilman Forstenhausler stated that he hasn’t worked with John Lovell long from a Council perspective, but had worked with him when he was the Fire Chief and Deputy Fire Chief. He expressed his appreciation for Mr. Lovell’s help and guidance.

Deputy Mayor Veech agreed with all that had been said about John Lovell and thanked him for all he has done for Randolph.

Mayor Loveys added that John Lovell has also been a great listener and thanked him for his leadership.

Manager Lovell thanked Donna Luciani and Jessica Losey for their support.

Ed Buzak expressed that John Lovell has faced a number of challenges over the years, and he has always successfully met those challenges and he met them with enthusiasm and innovativeness. Attorney Buzak stated that Manager Lovell always looked to the future and he also looked at how the organization functioned and how it could function better. He commended Manager Lovell for his dedication to training future Managers. Attorney Buzak thanked Manager Lovell for the opportunity to work for him over the years, and for his professionalism, and wished him the best.

M. ADJOURNMENT

Deputy Mayor Veech made a motion to adjourn the meeting at 8:30 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None