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

Minutes: October 24, 2013

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor MacArthur. 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 7, 2012, by e-mailing them the annual resolution adopted by the Council on November 29, 2012. 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 13, 2012.

2. Roll Call

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

Also present: Edward Buzak and Keli Gallo from the Law Office of Edward Buzak.

3. Mayor MacArthur led the Pledge of Allegiance.

B. RECOGNITION/PROCLAMATION

1. Swearing in Police Officer Jason DelTurco

Manager Lovell introduced Sheriff Rochford and introduced Jason DelTurco:

• Graduate of Mount Olive High School
• Bachelor’s Degree in Criminal Justice from Seton Hall University
• Hired by Morris County Sheriff’s Office and the Bureau of Law Enforcement
• Attended the Morris County Police Academy
• Assigned to the Protective Services Division and went on to the Emergency Services section, K-9 Unit, & Bomb Squad
• Became a detective with the Sheriff’s Office
• Member of NJ State Police Render Safe Task Force with the explosive detection dog he was managing and worked many large events at MetLife Stadium
• Attended Hazardous Device School
• FBI certified Bomb Technician

Jason DelTurco was sworn in by his father while his mother held the bible.

Chief Stokoe thanked everyone for attending and welcomed Jason DelTurco to the Randolph Township Police Department.

C. PRESENTATION

1. Membership Renewal in the North Jersey Employee Benefits Fund—David Vozza and Paul Laracy

Manager Lovell explained:

• Randolph was one of the original communities that created this organization and has been very active over the course of the years.
• Michael Soccio has served as the Treasurer.
• Manager Lovell was the Chairman for a number of years. Last year he resigned from the position.
• Randolph has had great success with the group.

Program Manager David Vozza provided the following information:

• The Health Insurance Fund (HIF) is a joint insurance fund; it is a public entity which is owned and controlled by the members.
• A budget is set and if there is any unused money it is returned to the members.
• A partially self funded method of funding the benefits is used so the pool of towns handles the working layer for claims.
• They have reinsurance which comes from a bigger pool, and that is self insured amongst a larger base of towns, approximately 150 towns.
• They buy commercial insurance which is about 3% of the budget. By doing that, insurance company profit is eliminated and the types of coverage provided can be more flexible.
• With Chapter 78, employees are getting a lot more involved in consumerism in their purchase of the health plans.
• The fund has been running very successfully. The rate increase for Randolph is very low, approximately 4.3%.

Mr. Vozza presented a dividend check for $126,367.00 which represented a return from years prior to 2010.

Fund Manager and Executive Director, Paul Laracy, provided the following information:

• He works closely with Mike Soccio administering the fund and the financials.
• This year has been the best, reporting a surplus through the end of September of nearly $3,000,000 which is 10%. In 2011 they operated on a small deficit, changes were made, and they were able to overcome it and still sustained dividends during that period.

Manager Lovell commented that Obamacare has had an impact on the fund and an impact on the budget. He asked Mr. Laracy to explain to the Council about the tax that the fund has to pay.

Mr. Laracy reported:

• The budget is about $40,000,000 and about 1% of that budget is going to be for the Obamacare taxes.
• Two things are covered by that, the comparative effectiveness fee which is $2 per member which will be used for research on medical procedures, and a transitional reinsurance fee which is going to be a subsidy to those who have signed up on the exchanges.
• Randolph’s increase would have been about 3.5% if it wasn’t for those taxes.
• There are a lot of benefit expansions that occur under Obamacare; they will account for another 2% or 3%. Those have been phased in over the last 3 or 4 years.
• HIB will be reviewing a program for retirees called Medicare Advantage.
• From a financial standpoint, the intergovernmental aspect is the largest aspect of the program; it wouldn’t work without the participation of the commissioners. Things have been done very conservatively over the years.

Manager Lovell explained that health insurances are a negotiated benefit. He felt that it is extremely important for the future administrative leaders in Randolph to take active roles in the North Jersey Employee Benefits Fund as well as the MEL JIF organization. The Manager stated that he will indicate in his Letter of Appointment to the new Finance Director that he/she becomes active in those organizations.

D. OPEN TO THE PUBLIC

Judith Stewart from 114 Everdale Road reported that she & her husband had traveled to Missouri and home again via different routes and nothing was as pretty as Randolph.

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

E. MANAGER’S REPORT

Manager Lovell reported the following:

• He, Fred Semrau, Ed Buzak, Barbara Gothie, Councilman Guadagno, and Councilman Hirniak appeared in front of the Morris County Board of Taxation to request a delay in the implementation of revaluation until 2016. The County Board of Taxation had looked to bind towns to implement their revaluations in 2015. After the appearance before the board, Manager Lovell heard that Randolph and Roxbury were pushed to 2016, therefore, Randolph will be ordered to have the new revaluation on the books for 2017. Manager Lovell explained that much work needs to be done and that the first item to address is updating the tax maps and getting them certified. He suggested that Randolph and Roxbury discuss the possibility of creating Request for Proposals that mirror each other and try to work together on that process.
• The county is beginning a replacement design for the two Combs Hollow bridges that cross India Brook. They are both on the state and national registers for historic places. This makes it very difficult to bring it into compliance with the American Association for State Highway Transportation Officials standards. The Council will be working with the county in the future on this project. The consultant will be making a presentation and having a hearing in Randolph with the Council and with the residents to receive input and share data.
• He thanked Councilwoman Veech for sitting in on the CFO interviews. The interview process has been completed, and he is now talking with the finalists. He hopes to have an announcement in a few weeks.

F. COMBINED ACTION RESOLUTIONS

Councilman Guadagno made a motion to accept the Combined Action Resolutions. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

1. Authorizing Renewal of Randolph Township’s Membership in the North Jersey Municipal Employee Benefits Fund

R-291-13

WHEREAS, a number of public entities in the State of New Jersey have joined together to form the NORTH JERSEY MUNICIPAL EMPLOYEE BENEFITS FUND, hereafter referred to as “the FUND,” as permitted by N.J.S.A. 11:15-3, 17:1-8.1, and 40A:10-36 et seq., and;

WHEREAS, the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been operational since that date, and;

WHEREAS, the statutes and regulations governing the creation and operation of a joint health insurance fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such the FUND;

WHEREAS, the governing body of RANDOLPH TOWNSHIP, hereinafter referred to as “LOCAL UNIT” has determined that membership in the FUND is in the best interest of the LOCAL UNIT.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby agrees as follows:

i. Renew membership with the FUND for the period outlined in the LOCAL UNIT’s Indemnity and Trust Agreements.
ii. Will participate in the following type(s) of coverage(s):
a.) Health Insurance and/or Dental Insurance as defined pursuant to N.J.S.A. 17B:17-4, the FUND’s Bylaws, and Plan of Risk Management.
iii. Adopts and approves the FUND’s Bylaws.
iv. Execute an application for membership and any accompanying certifications.

BE IT FURTHER RESOLVED that the governing body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND’s Bylaws, and to deliver these documents to the FUND’s Executive Director with the express reservation that these documents shall become effective only upon:

i. Approval of the LOCAL UNIT by the FUND.
ii. Receipt from the LOCAL UNIT of a Resolution accepting assessment.
iii. Approval by the New Jersey Department of Insurance and Department of Community Affairs.

2. Water Supply Agreement with Dover

R-295-13

WHEREAS, there is a need to enter into an agreement between the Board of Water Commissioners, Town of Dover and Randolph Township; and

WHEREAS, both parties agree to abide by the terms set forth in the Agreement dated October 3, 2013, attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Amendment to the Agreement between Randolph Township and the Board of Water Commissioners, Town of Dover.

3. Authorizing Credit to 2013 Taxes Due to Overpayment Block 199, Lot 1.18—$453.57

R-309-13

WHEREAS, Block 199 Lot 1.18, known as 18 Rustic Ridge Road was assessed in the 2013 Tax List for a total of $510,000 ; and

WHEREAS, an appeal was filed and said assessment was agreed to $497,000., for 2013 and the reduction was not reflected in the 2013 book, which resulted in an overpayment of $453.57.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 199 Lot 1.18 in the amount of $453.57 to adjust for the over assessment of $13,000.

4. Authorizing the Award of Contract to NJRPA for the Purchase of Discounted Tickets to Various Attractions in NJ for Randolph Recreation Programs

R-310-13

WHEREAS, the Township of Randolph (“Township”) Recreation Departments needs to acquire tickets to various attractions in NJ for its recreation programs; and

WHEREAS, the Recreation Director has entered into consignment agreements with the NJRPA, Inc. (New Jersey Recreation & Park Association) to obtain discounted tickets to various attractions; and

WHEREAS, the Township only pays for those tickets they actually use and return the rest; and;

WHEREAS, the actual amount of tickets already purchased this year totaled $17,830; and

WHEREAS, the tickets were not solicited through receipt of sealed quotes, 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, NJRPA, Inc. (New Jersey Recreation & Park Association) submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, NJRPA, Inc. (New Jersey Recreation & Park Association) has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for this service.

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 awards a contract to NJRPA, Inc. (New Jersey Recreation & Park Association) for the purchase of discounted tickets to various attractions in New Jersey for $17,830.
2. This Resolution shall take effect immediately.

5. Authorizing Award to Northeast Water Technology of New Windsor NY to Perform a Leak Detection Survey of Randolph Township’s Water Distribution System—$19,995

R-311-13

WHEREAS, the Township of Randolph (“Township”) needs to acquire the services of a company to perform a leak detection survey of its water distribution system; and

WHEREAS, the Engineering/Water & Sewer Administrator has solicited three quotes from three different vendors for this work; and

WHEREAS, only one of the three vendors provided a quote for this service as listed below:

Northeast Water Technology—$19,995; and

WHEREAS, the Engineering/Water & Sewer Administrator and Purchasing Agent recommend the award to Northeast Water Technology; and

WHEREAS, the quotes were not solicited through receipt of sealed quotes, 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, Northeast Water Technology submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Northeast Water Technology has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for this service.

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 awards a contract to Northeast Water Technology of New Windsor, NY to perform a leak detection survey of its water distribution system for the price of $19,995.
2. 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.
3. This Resolution shall take effect immediately.

6. Authorizing Award and Rejection of MCCPC Contract #22—DPW Uniforms to Saf-Gard Safety Shoe

R-312-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #22 (D.P.W. Uniforms); and

WHEREAS, bids had been advertised and received on October 3, 2013, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, seven bids were received for Contract #22 (D.P.W. Uniforms); and

WHEREAS, the bid proposals submitted by Bob’s Uniform Shop, Hi-Profile Gear, and Old Toledo for Category A, Purchase of D.P. W. Uniforms, were non-responsive in that they did not bid on all items contained in the category which is required in the Bid Specifications and must therefore be rejected; and

WHEREAS, the bids submitted by Strongwear, Specialty Graphics, and Unifirst for Category A, Purchase of D.P.W. Uniforms, were non-responsive in that they all contained bids that were not in accordance with the Bid Specifications and must therefore be rejected; and

WHEREAS, the bid proposal submitted by Hi-Profile Gear for Category B, Work Shoes and Boots, was non-responsive in that they did not bid on all items contained in the category which is required in the Bid Specifications and must therefore be rejected; and

WHEREAS, the lowest responsive and responsible bidder for Category B, Work Shoes and Boots, was Saf-Gard Safety Shoe for the items shown on the attached Notification of Award for a one-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #22 (D.P. W. Uniforms), Category B, to Saf-Gard Safety Shoe for the term of January 1, 2014 - December 31, 2014.

BE IT FURTHER RESOLVED that the Township Council authorizes the rejection of the bids as noted above.

7. Authorizing Award of MCCPC Contract #2 for Fuel Oil to Finch Fuel Oil Co.

R-313-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #2 (#2 Fuel Oil); and

WHEREAS, bids had been advertised and received on October 1, 2013, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, two bids were received for Contract #2 (#2 Fuel Oil); and

WHEREAS, Finch Fuel Oil Company, Inc. is the lowest responsive and responsible bidder for Contract #2, #2 Fuel Oil, with an up-charge of $0.0791 per gallon for a two-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #2 (#2 Fuel Oil) to Finch Fuel Oil Company, Inc. for the term of January 1, 2014 - December 31, 2015.

8. Authorizing MCCPC Contract #12 for Ultra Low Sulfur Diesel Fuel to Finch Fuel Oil Co.

R-314-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #12 (Ultra Low Sulfur Diesel Fuel - Dyed); and

WHEREAS, bids had been advertised and received on October 1, 2013, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, four bids were received for Contract #12 (Ultra Low Sulfur Diesel Fuel - Dyed); and

WHEREAS, Finch Fuel Oil Company, Inc. is the lowest responsive and responsible bidder for Contract #12, Ultra Low Sulfur Diesel Fuel - Dyed, with an up-charge of $0.0500 per gallon for Category 1, Tankwagon Deliveries (under 7,500 gallons to one location), and for Category 2, Bulk Deliveries (7,500 gallons minimum to one location) for a two-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #12 (Ultra Low Sulfur Diesel Fuel - Dyed) to Finch Fuel Oil Company, Inc. for the term of January 1, 2014 - December 31, 2015.

9. Authorizing Award & Rejection of MCCPC Contract #1 for Motor Gasoline

R-315-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #1 (Motor Gasoline); and

WHEREAS, bids had been advertised and received on October 1, 2013, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, five bids were received for Contract #1 (Motor Gasoline); and

WHEREAS, the bid proposal submitted by Petroleum Traders was non-responsive in that they did not bid on all items within each category as was required in the Bid Specifications and must therefore be rejected; and

WHEREAS, the lowest responsive and responsible bidders for Contract #1 (Motor Gasoline) are as follows for a two-year contract:

Category 1: Tankwagon Deliveries (under 7,500 gallons to one location):

a. Regular Unleaded Gas—Finch Fuel (up-charge of $0.0791 per gallon)
b. Mid-Grade Unleaded Gas—Finch Fuel (up-charge of $0.0791 per gallon)
c. Premium Unleaded Gas—Finch Fuel (up-charge of $0.0791 per gallon)

Category 2: Bulk Deliveries (minimum of 7,500 gallons to one location):

a. Regular Unleaded Gas—Allied Oil (up-charge of $0.535 per gallon)
b. Mid-Grade Unleaded Gas—Allied Oil (up-charge of $0.0570 per gallon)
c. Premium Unleaded Gas—Allied Oil (up-charge of $0.710 per gallon)

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #1 (Motor Gasoline) as noted above for the term of January 1, 2014 - December 31, 2015.

BE IT FURTHER RESOLVED that the Township Council authorizes the rejection of the bid proposal submitted by Petroleum Traders.

10. Authorizing MCCPC Purchase from Beyer Ford for 2014 Ford Police SUV—$25,320.00

R-316-13

WHEREAS, the Township of Randolph wishes to purchase one (1) 2014 Ford Police Interceptor 6 cylinder, all wheel drive SUV for the Police Department; and

WHEREAS, Beyer Ford has a contract on the MCCPC (Contract #15-A, Item 3) for this item, specifically, a Ford Police Interceptor 6 cylinder, all wheel drive SUV; and

WHEREAS, the total cost for the purchase of these items is $25,320; and

WHEREAS, funds are available for this purchase; and

WHEREAS, the Township of Randolph desires to award a contract for the purchase of one (1) 2014 Ford Police Interceptor 6 cylinder, all wheel drive SUV to Beyer Ford of Morristown, NJ under MCCPC Contract #15-A, Item 3 for $25,320.

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 purchase one (1) 2014 Ford Police Interceptor 6 cylinder, all wheel drive SUV for the Police Department from Beyer Ford under MCCPC Contract #15-A, Item 3 for $25,320.

11. Raffle License, Off Premise Merchandise, Randolph Engine Company No. 5, Shongum, 118 West Hanover Ave., Randolph, NJ on January 20, 2014 at 7:30 p.m.

12. Raffle License, Tricky Tray, Roxbury Competition Cheerleaders Parents Club, on November 18, 2013 at the Skylands at Randolph 792 Route 10 W, Randolph NJ from 6:00 p.m. to 9:00 p.m.

13. Raffle License, Tricky Tray, Chester PTO on March 21, 2014 at Meadow Wood Manor from 6:30 p.m. to 11:00 p.m.

14. Raffle License, 50/50, Chester PTO on March 21, 2014 at Meadow Wood Manor from 6:30 p.m. to 11:00 p.m.

15. Raffle License, Off Premise Merchandise, Randolph Chemical Engine Co. #2, 340 Route 10, Randolph on December 24, 2013 at 7 p.m.

G. UPCOMING EVENTS

1. Fifth Friday—Nicole’s Ten—October 25 from 5:00 - 7:00 p.m.
2. Election Day—November 5
3. Next Council Meeting—November 7
4. Fire Department Inspection Dinner—November 9
5. Ironia Fire Co. #4 Pancake Breakfast—October 27 (added)
6. Millbrook United Methodist Church 180th Anniversary—November 10 (added)
7. Veteran’s Day Memorial Service—VFW on Carrell Rd.—November 11 at 11:00 a.m.

H. ORDINANCES: INTRODUCTIONS

1. Authorizing the Acquisition of a Portion of 17 Drake Ct. in Order to Upgrade Sanitary Sewer System

Manager Lovell explained that the township is going through the process of developing Phase II of the Butterworth Interceptor and need a location for a pumping station. The rear of the property at 17 Drake Court is where the pump station needs to be placed. An appraisal for an easement was done and sent to the property owners with an offer for the value of the appraisal; it was rejected. There were negotiations back and forth & it was finally concluded to subdivide off what was needed so it would no longer be their property, and sell it to the township for $8,000. It seems to be a fair and equitable solution and in the best interest of the town.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE ACQUISITION OF A PORTION OF BLOCK 222, LOT 11 (17 DRAKE COURT) LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FROM MICHAEL & ELLEN KOCH FOR MUNICIPAL PUBLIC PURPOSES” 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 5th of December, 2013 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.

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

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

NAYS: None

I. DISCUSSION ITEMS

1. Best Practices

Manager Lovell explained that under Governor Christie, the State of New Jersey has put together a Best Practices worksheet that towns complete each year. Each town is scored upon their compliance with those Best Practices and the revenues from the state are based upon their success and the score achieved on the Best Practice worksheet. Randolph generally complies with many of these issues, with a few exceptions. The Best Practices list goes through changes each year, and sometimes the changes are designed for the more urban areas as opposed to the suburban areas.

Mayor MacArthur stated that Randolph had an excellent score, and as a result, qualified for 100% of its state aid. He stated that he had noted 3 items at the last meeting that he would like to discuss:

• #7, should the elected officials be required to attend annual training? It is currently encouraged for elected officials and required for newly elected officials.
• #11, whether retiring CFO Mike Soccio undertake the documenting process by creating a process manual during his overlap time with the new CFO.
• #14, whether we should create a finance committee.

Item #7 discussion:

Ed Buzak explained that the provision is whether you require it and whether it is complied with is a different issue.

There was discussion about whether to require it for elected officials. Most Council members currently attend trainings annually. The requirement could also be satisfied by in-house educational presentations.

Item #11 discussion:

Manager Lovell explained that a sample manual is available to be downloaded and modified to meet each town’s need. He will have Mike Soccio begin working on it once the new CFO is in place.

Item #14 discussion:

Manager Lovell explained that he and Mike Soccio meet approximately once per month to review township finances; during the budget process it is daily. He suggested that a member of the Council could be present at the monthly meetings.

Mayor MacArthur suggested the Council member could be the Mayor, the Mayor’s appointee, or a Council appointee. He felt that by creating a finance committee that would meet on a regular basis with a set of specific items to review, it would be an improvement to governance. He felt a Mayor’s appointee would be the best option for choosing the Council member.

Councilman Hirniak questioned the creation of the committee if there isn’t a need to respond positively to every one of the questions.

Mayor MacArthur explained that he felt it was a good time to create a finance committee since there is a transition coming with the administration.

There was discussion on the function of the Council member appointed to a finance committee and his or her obligation to report back to the rest of the Council. Manager Lovell suggested trying the committee for one year with the new CFO and Manager and then evaluate its effectiveness and the need for such a committee.

Mayor MacArthur felt a resolution should be drafted with the purpose and the design of this committee and it would be voted on at a future meeting.

Councilman Guadagno made a motion to require the Council members to attend at least one educational event per year. Councilman Hirniak seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Select Policy Renewal Limits

Mayor MacArthur explained that a discussion took place at the last meeting about the township’s casualty policy limits. He explained the current coverage and the costs for increased amounts of coverage with some discussion from the Council and the Manager.

Councilman Hirniak made a motion that Randolph Township increases its optional liability coverage to reflect $10,000,000 excess of the standard $5,000,000 for a total limit of $15,000,000 at an additional cost for 2013 of $4,804.46. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Hirniak
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Loveys
Mayor MacArthur

NAYS: Councilman Guadagno

Councilman Hirniak made a motion that Randolph Township increases its Public Officials EPL coverage to $4,000,000 in excess of the standard $2,000,000 for a total limit of $6,000,000 at an additional cost for 2013 of $3,747.72. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Hirniak
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Loveys
Mayor MacArthur

NAYS: Councilman Guadagno

3. Naming of Facilities

Councilman Hirniak reported that the committee was charged with coming up a name and a vision for the three parcels, and making a recommendation to the Council. The committee visited the three, the one acre property on South Salem, the acreage across from Tamarack Camp, and the 90 acre parcel off of Calais. The vision for the first two has already been determined.

• Manager Lovell explained to the committee the value of the location of the parcel on South Salem to connect the future Habitat for Humanity development with the Kmart location and all the retail space on the other side of South Salem. Darren Carney sent an email suggesting a historical name which ties into Randolph, “Old Tye Park.”
• The parcel across from Tamarack is going to be a recreational parcel for usage by the youth in the community. There are going to be some improvements such as an Astroturf covering on the enclosed hockey rink. There has been discussion about a name corresponding to the name of the camp across the street, “Tamarack.”
• It has been suggested that the 90 acre parcel be used for a community garden as well as a portion being used to benefit community members in addition to open space. A small portion will not be usable as there are wetlands. Councilwoman Carey had suggested a patriotic theme for the name. Councilman Hirniak suggested allowing the school children to participate in naming the parcel.

Councilwoman Veech added that Manager Lovell had spoken in the past about updating the Master Plan, looking at all the parks in Randolph including this 90 acre parcel and determining the future needs of Randolph. Councilwoman Veech suggested calling it “the 90 acre” until there is more of a vision for the parcel.

Manager Lovell explained that the expense of updating the master plan will be included in the budget process that will begin in January.

Ed Buzak stated that the MLUL needed to be looked at because he thought there was a recreation plan element and there may be an open space element of the master plan. He added that the master plan is done through the Planning Board and not through the Council. It needs to be coordinated, if this is a standalone document, then it is different from the element of the master plan.

Manager Lovell explained that it was a standalone plan that was developed it in the mid 1990s. At that time, a park planner was brought in, and several members of the Council and the Parks Committee were involved. But it was never part of the master plan process; however, in the master plan process this document is referred to and through that reference, it was brought into the master plan.

Formally naming the two parcels will be added to the next Council agenda.

4. Heather Hills

Manager Lovell explained that the township received a letter from the Heather Hills homeowners association; Heather Hills is a subdivision that is located off of Church Road. That subdivision ran into a number of problems, the developer ran into problems. Part of the resolution approval, created two slivers of property as you come out the main road of the subdivision; they are owned by the homeowners association. They were offered to the adjacent property owners and they rejected the offer. The homeowners association wants to pass them along to Randolph Township to maintain. The Manager stated that he saw no value in accepting these properties and said he would reject this request by simply saying “the wisdom of the Planning Board was good at that time.”

No one on the Council felt the town should own these properties. Manager Lovell said he would respond to the homeowner’s association.

5. Cell Tower Information Center—Continued Discussion

Mayor MacArthur reported that Manager Lovell received an email from Verizon suggesting that they have some interest. The Mayor asked if anyone had any further thoughts since the meeting and if they felt the process should continue to move forward. Council members felt it important to continue to move forward with the process.

Manager Lovell explained that he may ask the Council for a few more dollars to work with the consultant. He would like to determine who the players are that need space to build tower sites to lease these to cell phone companies. The Manager has spoken to Rich Schneider, who has been a good resource on the issue, and learned that right now the industry is not investing in towers. Manager Lovell said he could also respond to Verizon and ask what they have in mind. He also explained that in the municipal sector, a lease agreement is a sealed bid process; it is not just an issue of negotiating a deal.

Ed Buzak asked Manager Lovell to contact Tiena Cofoni for input since she has been working with another town on a similar bid.

J. OPEN TO THE PUBLIC

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

K. COUNCIL COMMENTS

Councilman Napoliello reported that the MAC program with speaker Matt Belace was excellent. Ron Harmetz attended both daytime programs for the students and said they were very attentive. The night time program had approximately 200 parents in attendance.

Councilman Guadagno reported that the Wall Committee met. The committee discussed and recommended the following:

1. When possible, to grade back instead of building a wall
2. If a wall is built, an assessment of 50% township, 50% homeowner
3. A sample wall be built in Heistein’s parking lot so residents can see an example

Manager Lovell added that in many cases the township could partially grade down to a wall; instead of building a 6 foot high wall, a 3 foot high wall would be built which would save a lot of money.

Deputy Mayor Loveys reported that after approximately 5 weeks of the deer hunt, 83 deer were taken; 47 from private property, and 36 from public lands.

Councilwoman Veech reported that the Board of Trustees for the Library voted on the lowest bid for the addition and the construction has started.

Mayor MacArthur reported that the Morris County Department of Human Services is having a session on Tuesday, October 29th from 6:00-8:00 p.m. to present all of the human services performed by the county. He will not be able to attend due to another commitment so Councilwoman Carey will attend.

Mayor MacArthur reported that the search committee for the new Manager has met a few times and they have reviewed 23 resumes. It was determined that 3 would definitely be interviewed, another 3 will likely be interviewed, and the other 17 would be rejected. The search committee will be accepting resumes for approximately 6 more weeks and interviews will be conducted in January. Once the candidates are narrowed down to 3, the entire Council will be involved in the evaluation.

L. 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:

Tax Appeal Settlement Approvals
Contract Negotiations—McCann Associates

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.

Councilman Guadagno made a motion to move into Executive Session at 9:40 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Napoliello made a motion to return to Open Session at 10:10 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

M. RESOLUTIONS

Councilman Guadagno made a motion to accept the Resolution R-317-13. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello
Councilwoman Veech
Mayor MacArthur

RECUSED: Deputy Mayor Loveys

NAYS: None

1. Tax Appeal—Resolution Authorizing the Settlement of Certain Commercial Tax Appeals

R-317-13

WHEREAS, appeals of the real property tax assessments of the following properties have been filed in the Tax Court of New Jersey:

; and

WHEREAS, the property owners and the Township have agreed to a settlement for the pending appeals; and

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty (60) days of the date of entry of Judgment by the Tax Court of New Jersey; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, be settled pursuant to the terms set forth herein.

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

1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

3. This resolution shall take effect immediately or as otherwise provided by law.

N. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 10:10 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None