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

Minutes: May 3, 2012

A work session 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, Township Attorney Edward Buzak, and Keli Gallo from the Law Office of Edward Buzak.

Mayor Guadagno led the Pledge of Allegiance.

PROCLAMATIONS

Mayor Guadagno read the Proclamation for the Susan G. Komen for the Cure® North Jersey Race for the Cure.

CELEBRATING THE 5TH ANNUAL SUSAN G. KOMEN FOR THE CURE® NORTH JERSEY RACE FOR THE CURE

WHEREAS, breast cancer is the leading cause of death of women between the ages of 35 and 64 and increased public awareness of this disease, its risk factors and symptoms may save lives of women and men across New Jersey; and

WHEREAS, Susan G. Komen For The Cure® is dedicated to education and research about causes, treatment, and the search for a cure; and

WHEREAS, the Komen National Race for the Cure Series, an event of the Susan G. Komen For The Cure®, is the largest series of 5 kilometer races in the world, raising public awareness and much needed funding for breast cancer research; and

WHEREAS, on Sunday, May 6th, runners, walkers, survivors, co-survivors and volunteers will unite at a new Race location to be held at the Essex County South Mountain Recreation Complex for the 5th Annual Susan G. Komen For The Cure® North Jersey Race for the Cure® 5K Certified Run, 5K Walk, and 1.5K Fun Walk event; and

WHEREAS, last year the Susan G. Komen For The Cure® North Jersey Race for the Cure® brought together thousands of women, men and children from northern New Jersey and beyond, and raised over 1.5 million for the North Jersey service region to help fund breast cancer research and provide local community life-saving education, screening and treatment services; now

THEREFORE, BE IT PROCLAIMED by the Randolph Township Council and Board of Health that Sunday, May 6, 2012 is SUSAN G. KOMEN FOR THE CURE® NORTH JERSEY RACE FOR THE CURE® day in Randolph Township; and

BE IT FURTHER PROCLAIMED that all Randolph Township residents are encouraged to participate in the Susan G. Komen For The Cure® North Jersey Race for the Cure® to help raise funds and awareness for the fight against this life threatening disease, to join the celebration of survivorship, and to honor those who have dedicated their lives to researching, treating, curing, and caring for victims, and to those who have lost their battle with breast cancer.

Presented this 3 day of May, 2012

Deputy Mayor MacArthur presented the Click It or Ticket Proclamation to Officer Kurt Edelman.

CLICK IT OR TICKET MOBILIZATION

WHEREAS, there were 633 motor vehicle fatalities in New Jersey in 2012; and

WHEREAS, a large percentage of the 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 - June 3, 2012 in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the seat belt usage rate in the state from the current level of 94.51% to 100%; and

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

NOW, THEREFORE, be it resolved that I, Tom MacArthur, Deputy Mayor of the Township of Randolph, in the County of Morris, New Jersey, in conjunction with the Randolph Township Police Department, declares his support for the Click It or Ticket safety belt mobilization both locally and nationally from May 21 - June 3, 2012 and pledges to increase awareness of the mobilization and the benefits of seat belt use.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she supported the Click It or Ticket Proclamation and shared a personal story.

Jeff Bash, 29 Clover Lane, asked what progress has been made since the April 26th meeting regarding the deer population. He also asked who on the Council has the lead role on working with the issue.

Manager Lovell reported that Councilman Loveys, Councilwoman Veech, and Councilman MacArthur stepped forward to work on the issue. Councilman Loveys agreed to be the acting Chairperson.

Councilman Loveys reported that earlier in the day the selected Council members, a few Township staff members, and Keli Gallo from Mr. Buzak’s office met to discuss several items and set up a meeting next week inviting other members from outside of the community to attend. The group is also familiarizing themselves with what neighboring towns have done.

Mr. Bash was pleased to hear that a meeting was held and another one planned. He stated that he feels the deer issue needs to be dealt with aggressively.

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

MANAGER’S REPORT

Manager Lovell reported that the Public Works building is pulling together nicely and should be ready for occupancy the first week in June. He also reported that the Library and Community Center are also coming along nicely and that he expects them to be ready in July. He asked that the Council members determine dates in September or early October for dedications of those buildings.

It was decided by the Council members and the Manager that the date for the Library and Community Center dedication will be Saturday, September 22nd at 11:00 am. The DPW building dedication will be Saturday, October 6th at 9:00 am.

COMBINED ACTION ITEMS

Manager Lovell reported that earlier in the day, he received additional change orders for the Library and Community Center project. This was not added to the agenda since it was received later in the day after the agenda had already been distributed and posted. Since the change orders needed to be acted on quickly, the Manager requested that the Council either amend the agenda or place them on the agenda for the next meeting.

Manager Lovell reported that Change Order 13 relates to substantial leaking in the kitchen area in the back of the Community Center. The roof was redone and they were directed to tear down the ceiling. When the ceiling was torn down, that section of the building was in very poor shape and those leaks had gone on for years. Some substantial ceiling demolition and replacement is required as well as removal of rot and mold in order to correct the issue; the cost is $17,633.00. Change Order 14 deals with the siding at the Community Center; the walls are not plumb, there are bulges and imperfections. In order to correct the problem and not have wavy walls, furring strips need to be installed. The cost for Change Order 14 is $8,580.00. Change Order 15 deals with a change in roofing materials for one of the roofs at the Community Center. The roof does not have an adequate pitch to support the shingle style roof that had been proposed so they’re going to a different roof material; the cost for that change order is $3,000.00. The Manager stated that he agreed with the change orders.

Mayor Guadagno asked if the Council wanted more time to consider these change orders or if they wanted to amend the agenda to include them.

Deputy Mayor MacArthur asked if the number and size of the change orders for this project was reasonable based on the size and scope of the project.

Manager Lovell reported that often when the project is a renovation dealing with old structures, problems arise. He stated that he is not terribly concerned and that the project is still within about 6% of the budget. The Manager also stated that there were no previous architectural plans or drawings to refer to and that the buildings were not well constructed.

Councilwoman Veech made a motion to amend the agenda to include B-1. “Authorizing Change Orders 13 through 15 for Community Center/Library.” 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 Combined Action Items. Councilwoman Veech seconded the motion.

Deputy Mayor MacArthur asked for clarification on Item D, Amending 2012 Capital Budget. He wanted to know if it related to new equipment that was not in the budget or if it was an amended payment plan for items that were in the budget.

Manager Lovell replied that it is a requirement in New Jersey that when a bond ordinance is done, a resolution amending the capital improvement program budget must be adopted, and that resolution with the approved ordinance must be supplied to the State of NJ.

Deputy Mayor MacArthur asked how Item 7D relates to 8B.

Manager Lovell replied that the projects, and the amounts listed in the Ordinances before the Council, were what was looked at as part of the Capital Improvement program. He clarified that there had been no changes or modifications and explained that the work document is different than the formal document that is submitted to the State of NJ; the formal document is a statewide format. The amendment that the Council was acting on provides the state with the detail so they understand that these items appear with the Capital Improvement program. Manager Lovell also stated that in order to act on Item 8B, the Council must first adopt Item 7D.

Deputy Mayor MacArthur was satisfied with the explanation. He then asked about Item J, regarding approval of the affordable housing spending plan and the eliminated mandatory bonding for shortfalls.

Manager Lovell reported that that language had been removed from the document.

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

R-130-12

A. Authorizing Change Orders 10 and 11 and Denying Change Order 9 for DPW Building

WHEREAS, the original contract with Rochelle Contracting Co. is $2,940,000; and

WHEREAS, change orders #1 - #8 were previously approved and resulted in a decrease to the original contract in the amount of $65,452.90; and

WHEREAS, it is recommended by that the attached Change Orders #10 and #11 totaling $15,836.78 be approved:

Change Order #9: Two of the rooms on the DPW side of the from vinyl tile to carpet tile.—Rejected

Change Order #10: Modifications to the electrical wiring in the building to add additional data, cable and electrical outlets.—$9,773.03

Change Order #11: Additional structural steel in the mezzanine area.—$6,063.75

WHEREAS, the revised contract with Rochelle Contracting Co. including all change orders is $2,890,383.88.

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 be approved and the contract amended.

R-131-12

B. Authorizing Change Orders 10 through 12 for Community Center/Library

WHEREAS, the original contact with ML Inc. is $2,214,000.; and

WHEREAS, Change Orders #1-9 were approved on April 19, 2012 in the amount of $108,148.36; and

WHEREAS, it is recommended that the attached Change Orders #10 - #12 totaling $50,189.00 be approved:

WHEREAS, the revised contract with ML Inc., including all change orders is $2,372,337.36.

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 #10 - #15 be approved and the contract be amended.

R-132-12

C. Refund Tax Sale Certificate for 1139 Sussex Tpke to Crestar Capital—$67,593.61

WHEREAS, Outside Tax Sale Certificate #1903 held Crestar Capital, LLC, assessed to Spano/Mauro Realty, II LLC, Block 120, Lot 9, 1139 Sussex Tpke; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $59,793.61, and premium in the amount of $7,800.00.

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 $67,593.61 to Crestar Capital, LLC holder of Tax Sale Certificate #1903.

R-133-12

D. Amending 2012 Capital Budget

WHEREAS, the Township of Randolph desires to amend the 2012 Capital Budget of the Township of Randolph by inserting therein the Purchase of Various Capital Improvements.

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

No. 1
2012 Capital Budget Amendment
Township of Randolph
County of Morris, New Jersey

R-134-12

E. Release 2012 Day Camp to Carmella Rivera—$685.00

WHEREAS, Carmela Rivera registered their child for the 2012 Day Camp and paid the fee of $785.00; and

WHEREAS, their child will not be attending the Day Camp due to the family relocating.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $685.00 be refunded to Carmela Rivera. 4301 SW 160th Ave, Apt. #204, Miramar, FL 33027.

R-135-12

F. Authorize Professional Services Agreement to Ferriero Engineering for $70,500 for engineering design, permitting and bid specifications for the Butterworth Interceptor Phase II.

WHEREAS, the Township of Randolph has a need to retain the services of an engineering firm as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 for design of the Butterworth Interceptor Phase II; and,

WHEREAS, the Township Manager has solicited proposals from four firms; and,

WHEREAS, Ferriero Engineering, Inc. has submitted the proposal that will provide the level of service that is needed for this project

WHEREAS, the Township Manager has recommended the award of a contract to Ferriero Engineering, Inc. for this project; and,

WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and

WHEREAS, Ferriero Engineering, Inc. has completed and submitted a Business Entity Disclosure Certification and Political Contribution Disclosure Form which certify 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, the anticipated term of this contract is for not more than one year; and

WHEREAS, Ferriero Engineering, Inc. will be paid a fee not to exceed of $70,500 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 Ferriero Engineering, Inc. as described herein

R-136-12

G. Authorizing an Award for Supplying Waterworks Specialties to various companies for a one year period

WHEREAS, the Township of Randolph wishes to award a contract for Supplying Waterworks Specialties for a contract period of one (1) year, April 1, 2012 - March 31, 2013; and

WHEREAS, bids have been advertised and received on March 27, 2012, in accordance with Local Public Contracts Law; and

WHEREAS, HD Supply Waterworks, Edison, NJ, was the low bidder for Items 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 15, 16, 17, 18, 20, 27, 28, 29, 31, 32, 33, 34, 35, 54, 56, 62, 67, 71, 82q, 82r, 83a, 83b, 83c, 83d, 84a, 84b, 84c, 84d, 87d (12"x15"), 88a (6"x12-1/2"x3/4"), 90a, 90b, 90d, 91a, 91b, 91c, 91d, 91e, 92e, 93e, 106a, 106b, 106d, 113f; and,

WHEREAS, Brent Material Company, West Orange, NJ, was the low bidder for Items 6, 12, 19, 21, 22, 23, 24, 25, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 59, 81a, 81b, 81c, 81d, 81e, 81f, 81g, 82a, 82b, 82c, 82d, 82e, 82f, 82g, 82h, 82i, 82j, 82k, 82l, 82m, 82n, 82o, 82p, 82s, 82t, 85a (all sizes), 85b (all sizes), 85c (all sizes), 85d (all sizes), 86b, 86c, 86d, 87a (both sizes), 87b (both sizes), 87c (both sizes), 87d (12"x12"), 88a (6"x12-1/2"x1"), 88b (both sizes), 89a (both sizes), 89b (both sizes), 89c (both sizes), 89d (both sizes), 92a, 92b, 92c, 92d, 93a, 93b, 93c, 93d, 101a, 101b, 102a, 102b, 102c, 105a, 105b, 105c, 105d, 113a, 113b, 113c, 113d, 113e; and,

WHEREAS, Capitol Supply Construction Products Inc, Denville, NJ, was the low bidder for Items 14, 26, 30, 38, 57, 58, 60, 61, 63, 64, 65a, 65b, 66, 68, 69, 70, 72, 73, 74, 75, 76, 77, 78, 80, 86a, 90c, 94, 95, 96, 97, 98, 99, 100, 103a, 103b, 103c, 103d, 103e, 103f, 103g, 103h, 106c, 106e, 106f, 107, 108, 109, 110, 111, 112; and,

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above for Supplying Waterworks Specialties for the Township of Randolph for the contract term April 1, 2012 to March 31, 2013.

R-137-12

H. Release Road Opening Cash bond for 5 Blanchard Ct. to Ivanna D’Andrea—$500.00

WHEREAS, the Engineering Department has received a request from Ivanna D’Andrea for the release of a $500.00 cash road opening bond posted for the purpose of repaving of an existing driveway at 5 Blanchard Ct., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on March 27, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of an existing driveway at 5 Blanchard Ct. within the Township Right of way, and;

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

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Ivanna D’Andrea, 5 Blanchard Ct., Randolph, NJ, 07869

R-138-12

I. Rejecting all bids for a maintenance contract of Randolph Township’s Fire Apparatus

WHEREAS, bids have been advertised and received on May 1, 2012, in accordance with Local Public Contracts Law for a Maintenance Contract for Township’s Fire Apparatus; and,

WHEREAS, two bids were received—one from First Priority Emergency Vehicles, Inc. and one from Campbell Supply Co, LLC; and,

WHEREAS, the bid from First Priority Emergency Vehicles, Inc. did not include the mandatory Power of Attorney, four references and letter of authorization allowing Randolph to contact the references as required, thus making it a mandatory reject; and,

WHEREAS, the bid from Campbell Supply Co, LLC included an insufficient bid bond, thus making it a mandatory reject also; and,

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that both bids for the Maintenance Contract for Township’s Fire Apparatus be rejected.

R-139-12

J. Approve Affordable Housing Spending Plan as Modified on April 26, 2012.

WHEREAS, the Township of Randolph (“Township”) has submitted a Petition for Substantive Certification which is currently pending before the New Jersey Council on Affordable Housing (“COAH”); and

WHEREAS, the Township has developed an Affordable Housing Trust Fund Spending Plan for 2012 (“2012 Spending Plan”) which modifies the currently approved Spending Plan to further commit funds to various affordable housing projects; and

WHEREAS, the Township Council reviewed the 2012 Spending Plan as presented by Robert Michaels, P.P. at their meeting of April 26, 2012; and

WHEREAS, after said presentation and discussion, the Council unanimously adopted said 2012 Spending Plan and directed that the same be forwarded to COAH or to the appropriate entity having jurisdiction thereover for approval; and WHEREAS, the Township desires to memorialize said actions in this Resolution.

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 “Draft Affordable Housing Trust Fund Spending Plan 2012” (“2012 Spending Plan”) is hereby approved, ratified and confirmed by the Township.

2. The Mayor and Township Clerk, along with all other appropriate elected and appointed officials, employees and professionals of the Township are hereby authorized and directed to submit the adopted 2012 Spending Plan to the New Jersey Council on Affordable Housing or to the appropriate entity having jurisdiction thereover, for approval and to take any and all steps necessary to effectuate the purposes of this Resolution.

3. This Resolution is a memorializing Resolution, memorializing and confirming action taken by the Township Council at their meeting of April 26, 2012.

4. This Resolution shall take effect immediately and shall be retroactive to April 26, 2012.

K. Raffle Licenses

Raffle License, Off-Premise Merchandise Raffle, Friends of Randolph Animal Pound, Inc. at the Randolph Animal Pound, 1345 Sussex Turnpike, Randolph, NJ, on December 15, 2012 at 12:00 p.m.

Raffle License, Off-premise 50/50, Fernbrook PTO, on June 8, 2012, at the Randolph Township High School, Millbrook Ave, Randolph, NJ, from 6:00 p.m. to 11:00 p.m.

Raffle License, On-premise Merchandise Raffle, Fernbrook PTO, on June 8, 2012, at the Randolph Township High School, Millbrook Ave, Randolph, NJ, from 6:00 p.m. to 11:00 p.m.

Raffle License, On-premise Tricky Tray, Fernbrook PTO, on June 8, 2012, at the Randolph Township High School, Millbrook Ave, Randolph, NJ, from 6:00 p.m. to 11:00 p.m.

Bingo License, Fernbrook PTO, on June 8, 2012, at the Randolph Township High School, Millbrook Ave, Randolph, NJ, from 6:00 p.m. to 11:00 p.m.

ORDINANCES

A. Second Reading

1. Ordinance #9-12: Amending and Supplementing Chapter 39—Cell Towers

Councilman Obremski recused himself due to a potential conflict of interest.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 39, PROPERTY MAINTENANCE CODE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, AND THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, WITH REGARD TO COMMERCIAL COMMUNICATIONS ANTENNA AND STRUCTURES DESIGNED TO SUPPORT OR CAPABLE OF SUPPORTING COMMERCIAL COMMUNICATIONS ANTENNA” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that citizens came to the Township to express their concern regarding the cell tower that is behind Phyllis Place. The tower had reached it structural capacity and they were asking if there was any action being taken by the Township to address that issue. The Manager, Attorney Ed Buzak, Keli Gallo, Paul Ferriero, Darren Carney, and Maggie Finnerin from the Board of Adjustment subsequently met and discussed cell towers, different ways to address the issue, and how to ensure the capacity of cell towers is not exceeded. The Ordinance requires on an annual basis, the cell tower owners to provide to the Township an engineer’s certification as to the carrying capacity of the tower and where that tower currently within that carrying capacity. That document must be registered with the Township each year. It will allow the Township to track these towers and also have these documents available as future applications are processed. In addition to tracking and providing the Township with information, it also requires removal of equipment that is no longer in use in the towers. Manager Lovell does not expect that everyone will comply in the first year, but in time full compliance is expected. After the adoption of this Ordinance, all cell tower owners will be notified of its existence as well as when it takes effect, twenty days following advertising.

Councilwoman Veech asked if there was anything included in the Ordinance that would require the cell tower owner to make restitution for non compliance.

Manager Lovell explained that the issue is treated similar to property maintenance and if they fail to comply, the Township would be in a position to begin an enforcement process.

Ms. Gallo stated that The Violations and Penalties Section states that each day constitutes a new, separate offense.

Mayor Guadagno opened the meeting for public hearing.

Myra Sesko, 69 Musiker Avenue, thanked the Council. She suggested that the Council consider including in the CCA Support Structure Section, any lighting changes on the cell tower. She proposed this because in the past there were certain lighting changes that provided a negative visual impact to the neighborhood.

Manager Lovell agreed that lighting can have a visual impact on a neighborhood and stated that the Council would consider it.

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 39, PROPERTY MAINTENANCE CODE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, AND THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, WITH REGARD TO COMMERCIAL COMMUNICATIONS ANTENNA AND STRUCTURES DESIGNED TO SUPPORT OR CAPABLE OF SUPPORTING COMMERCIAL COMMUNICATIONS ANTENNA” 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.

Mayor Guadagno stated that he thought the lighting was covered under the Board of Adjustment.

Manager Lovell replied that it depends on the cell tower; some towers are within the confines of the zoning ordinance, and therefore would be covered under the Planning Board. He stated that the citizens think there may have been a change to the lighting in the last few days. He suggested that they look at the tower on a clear night, and if they feel that there has definitely been a change, the Township will contact the company and ask if they made a change to the tower without notifying the town.

Councilman Napoliello made a motion to adopt the Ordinance. 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

RECUSED: Councilman Obremski

2. Ordinance #10-12: Amendments to Salary and Wage Ordinances/Settlements with Collective Bargaining Groups

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED EMPLOYEES IN ACCORDANCE WITH COLLECTIVE BARGAINING AGREEMENTS EXPIRING ON DECEMBER 31, 2014” be read by title on second reading and a hearing held thereon.

Manager Lovell explained that this Ordinance puts in effect adequate room for salaries to change as a result of three collective bargaining contracts. These contracts are four year contracts, beginning in 2011 and ending in 2014; they deal with the Teamsters, the Randolph Township Employee Association, and the Randolph Township Municipal Supervisory Employee Association. The Manager further explained that these are multi-year contracts; the first year there was no increase, and the second, third and fourth year, there are flat dollar increases based on an average of 2% for the bargaining groups. Manager Lovell was pleased to state that the contracts have all been ratified; however, a salary and wage Ordinance must be adopted for the contracts to be put into place for the next three years in Randolph Township.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed. BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED EMPLOYEES IN ACCORDANCE WITH COLLECTIVE BARGAINING AGREEMENTS EXPIRING ON DECEMBER 31, 2014” 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 Mitsch made a motion to adopt the Ordinance. Councilwoman Veech 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 #11-12: Amending Appendix A, Fee Schedule to delete Bid Specification fee of $20.00

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

Manager Lovell explained that some bid specifications cost well over $20.00 to duplicate and provide to bidders. By eliminating this Ordinance, the Council would be able to set those fees by resolution.

The Mayor opened the meeting for public hearing. Seeing no one from the public, the public portion was closed. BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman 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

B. Introduction

1. Capital ordinance appropriating $542,600 for specified improvements and equipment acquisitions

Manager Lovell noted the below items are included in this Ordinance:

• Money for the Water Master Plan and also the Sanitary Sewer Infiltration and Inflow repairs.
• The purchase of a new Fire Chief’s command vehicle since the existing vehicle is close to eight or nine years old.
• The Fire Department testing of equipment needs to be completed.
• Police weapon replacement: Money has been accrued for approximately six years in order to completely upgrade the police handguns.
• IT upgrades including upgrades to the Township web site which is approximately ten years old and is now outdated.
• The Municipal Building upgrades include a generator, security upgrades to the building, and an electronic message sign.
• A number of small pieces of equipment for the Parks Department.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2012 CAPITAL IMPROVEMENTS APPROPRIATING $542,600, THEREFORE, INCLUDING $514,600 FROM THE CAPITAL IMPROVEMENT FUND $28,000 FROM CAPITAL SURPLUS” be introduced and 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 7th of June, 2012 at 7:00 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the Notice of Introduction thereof in the official designated newspaper according to law. Councilwoman Mitsch made a motion to adopt the Ordinance. Councilwoman Veech 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. Bond ordinance appropriating $447,000 authorizing debt in the amount of $245,000 for specified improvements and equipment acquisitions

Manager Lovell explained that the total appropriation is $447,000.00; however, only $245,000.00 in debt would be authorized. The long term goal in the Township is to be getting away from these types of bonding equipment purchases. The acquisitions in the Public Works Department would be the replacement of a dump truck and a back hoe, and a body refurbishment on a vehicle. The purchase a small paving box will also be looked into. The Manager stated that he wants to sign off on the paving box because he is looking for something that can be used for sidewalks, bikeways, and also do road repairs; a flexible machine. The Township is moving into the second generation of de-icing equipment; the current equipment will continue to be used, but the operation will increase with the next generation of brine. This uses a thicker substance that allows a little bit more salt material on the road, and adheres better to the road. Manager Lovell further explained that the benefit is that it will melt two to three inches of snow as opposed to one inch of snow before the plows need to be called out. The brine systems pay for themselves by saving the Township on road salt as well as overtime expenses. Another acquisition would be a side dump bucket for an existing wheel loader. There was a request to replace a wheel loader which the Manager rejected; he did not want to make an enormous expenditure. The acquisitions in the Parks Department are the replacement of one of the four wheel drive pickup trucks that is used to support the parks system as well as to plow snow in the Township. It was determined that two senior buses are not needed. Therefore, the Township will go to a transit van which will save money on the operation of the vehicle.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $447,000 HEREFOR, AND AUTHORIZING THE ISSUANCE OF $245,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be introduced and 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 7th of June, 2012 at 7:00 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the Notice of Introduction thereof in the official designated newspaper according to law.

Councilwoman Veech 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

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, brought up the issue of smoking in the parks. She was concerned with the summer concert series at the Library and having children attend when people are smoking. She discussed the state law which bans smoking on any school property in the Sate. Mrs. Stewart stated that she would prefer to see smoking in our parks and on the trails banned, but she requested that at the least there should be a ban on smoking at the outdoor Library events.

Maria Martorana, 1 Wilkeshire Boulevard, stated that she wanted to say thank you and good bye after residing in Randolph for the last fifteen years. She thanked the Manager, Mayor, and Council and commended them on the extraordinary services in the Township. Mrs. Martorana stated that she had worked with some of the Council members and with John Lovell through her Board of Education responsibilities and as a resident, and it had been a pleasure.

Manager Lovell thanked Mrs. Martorana for her service to the Town and the Board of Education. Seeing no one further from the public, the public portion was closed.

COUNCIL COMMENTS

Councilwoman Veech asked about looking at the possibility of banning smoking on Municipal properties. Since the Board of Education has done it, she thought the Council could at least look into doing the same with municipal properties.

Deputy Mayor MacArthur clarified that smoking is not allowed within the Township buildings per state law.

Councilman Obremski reported that on Monday, he, Mayor Guadagno, and John Lovell met with the Mayor and Business Administrator of Mendham Township to provide a brief update on the status of the Seeing Eye property. Some of the committee members in Mendham Township had questions which he felt he answered appropriately, and he had relayed their concerns. The project is continuing to move forward.

Councilman Loveys reported that there are two bench dedications at Freedom Park on Tuesday night, May 8, 2012, the first begins at 7:00 p.m. and the second at 7:30 p.m.

Deputy Mayor MacArthur reported that the sinking storm drain on the corner of Route 10 and Dover Chester Road was fixed within 48 hours. He also reported that the state has done some resurfacing between Dover Chester Rd. and Canfield Ave. and that the west bound lanes of Route 10 are completed, but on the east bound side, only the left lane is completed. The Deputy Mayor expressed his concern that the state had packed up their equipment and left, and he was concerned that the right lane may not get resurfaced and might be a problem.

Mayor Guadagno discussed having the Boy Scout awards at the beginning of the Township Council meetings and presenting them with their awards. He stated that Senator Bucco and Assemblyman Bucco are also interested in attending these meetings. He suggested the same be done for the Girl Scouts and sports teams. It was suggested that the Scouts present a brief description of their projects at the meeting.

Mayor Guadagno stated that the Retaining Wall Committee has taken a back seat to the Deer Committee. He reported that he and Councilwoman Mitsch are on the Retaining Wall Committee, with Councilman Napoliello as the Chairperson. Councilwoman Veech and Deputy Mayor MacArthur are on the Deer Committee, with Councilman Loveys as the Chairperson.

Manager Lovell reported that several staff members and Mayor Guadagno attended the Complete Streets seminar that NJDOT sponsored in Morris Township the previous week. He expressed the need to adopt a resolution putting into effect a Complete Streets policy. The Manager drafted a resolution based upon a model adopted by Long Hill which was provided to him by Paul Ferriero. Manager Lovell also stated that, when they met with the North Jersey Transportation Planning Authority (NJTPA) regarding the Center Grove and Route 10 crossing, they should have been told up front by the NJTPA that there was no money. During the meeting, low cost solutions to the issues at the intersection could have been addressed. The Manager asked that the issue be revisited at the next Council meeting.

Manager Lovell reported that he was working on the concept of developing a gazebo with Rotary. At this time, the plans to develop a gazebo are not moving forward with Rotary. The Manager stated that soon the Township will either have to revamp the gazebo down at the Community Center/Library or plan to do something at the Municipal Building.

Manager Lovell also reported that the specifications were being wrapped up for the Butterworth Interceptor Phase I, which extends from Lake Road down to the Butterworth Treatment Plant. There is one easement required for that project, and Morris Township bears the responsibility of obtaining that easement. It was determined today that their engineer made initial contact in 2009 and had made no contact since. Manager Lovell told Paul Ferriero that it would not be advertised until the matter was resolved; this will delay the project possibly two to three months or longer. The project must be fully ready to go before it goes out to bid.

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

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 on matters discussed in closed session or on any other matter as permitted by law.

Councilman Napoliello made a motion to move into Executive Session at 8:30 p.m. Councilwoman Veech 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 8:50 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

ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 8:50 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

______________________________
Donna Marie Luciani
Township Clerk