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

Minutes: October 4, 2012

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

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

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

Mayor Guadagno led the Pledge of Allegiance.

RECOGNITION/PROCLAMATION

Randolph residents Susan Rosenthal and Susan Waldman, representing the Morris County Chapter of the National Organization for Women, the Morris County Human Relations Commission, and the National Council of Jewish Women thanked the Mayor and Council. The aforementioned organizations are members of the newly formed New Jersey Coalition Against Human Trafficking. The proclamation designates January 11th of every year as Human Trafficking Awareness Day.

Mayor Guadagno read the Proclamation for Human Trafficking Awareness Day, January 11, 2013.

HUMAN TRAFFICKING AWARENESS DAY JANUARY 11, 2013

WHEREAS, Randolph Township supports the New Jersey Coalition Against Human Trafficking in their efforts to bring awareness to the issue of, and forever end, Human Trafficking in our community; and

WHEREAS, Human Trafficking is a form of modern day slavery; and

WHEREAS, Human Trafficking is a rapidly growing criminal industry in New Jersey, second only to drug dealing and equal in scope to arms dealing, and uses force, fraud and/or coercion for the purpose of sexual exploitation or forced labor; and

WHEREAS, the New Jersey Coalition Against Human Trafficking is made up of a diverse group including faith-based organizations, non-profits, government agencies, law enforcement, and direct service providers based in New Jersey who come together with the mission of ending Human Trafficking in our state, country and the world through education, advocacy, and assistance to survivors; and

WHEREAS, to further this effort, there is pending New Jersey legislation (AJR-56) which would be the impetus for community and governmental action against slavery in New Jersey; and

WHEREAS, January 11, 2013 is Human Trafficking Awareness Day.

THEREFORE, BE IT PROCLAIMED by the Randolph Township Mayor and Council that Randolph supports the NJ Coalition Against Human Trafficking, the pending legislation, and recognizes January 11, 2013 as Human Trafficking Awareness Day.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road commented on the lack of parking due to the Back to School Night at the high school. She suggested the Township coordinating with the school district as to not have Council meetings on a Back to School Night.

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

MANAGER’S REPORT

Manager Lovell reminded everyone that the maintenance building dedication was scheduled for Saturday morning at 9 a.m. The Mayor will be cutting the ribbon at 9 a.m and the Country Fair follows at 10 a.m. The Manager stated that he provided the Mayor and Council with another memorandum regarding the Kensington Square, also known as Westminster and Kushner, matter. He offered to provide a link to the old portfolio which shows some of their product. Manager Lovell reported that he anticipates a showing at the October 25th Council meeting from residents of Pleasant Ridge Estates.

COMBINED ACTION RESOLUTIONS

The Council and Manager discussed the following items:

7.5, the solar panel resolution: Q. Is it possible to differentiate between regular electrical charges and actual charges?
A. That is the understanding. The meter will show the consumption of the building, and 2/3 of the consumption will be municipal consumption and 1/3 will be Board of Education consumption.

7.10, DPW building change orders: Q. With the Change Orders, is the DPW facility still within budget?
A. Yes.

7.11, purchase of new, unused winter maintenance equipment: This will be used to pre-treat roads with a thicker material that adheres to the roads longer and could melt a couple of inches of snow. It is expected that the system will pay for itself after a few snow storms, including expenses saved on road salt. Q. Will the Township sell this product to other towns?
A. There will not be the capacity to sell to other towns; however, if the Board of Education wants to get a spreader, the Township will work with them and County College as well.

7.12, LED signs: Manager Lovell reported that the contract was awarded and it is within budget. One sign will be shared by the Library and Community Center, and the other sign will be shared by Public Works and the transportation division of the Board of Education. The signs can be programmed to have different messages on each side.

(7.1) Councilwoman Mitsch made a motion to approve the Combined Action Resolutions. Councilman Obremski seconded the motion and the following role call was taken:

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

NAYS: None

(7.2) Refund escrow funds for 27 Trout Brook Lane to Dennis O’Shaughnessy—$527.50

R-295-12

WHEREAS, the Planning and Zoning Department received escrow funds from Dennis O’Shaughnessy, 27 Trout Brook Lane, Mendham, NJ 07945, Block 49, Lot 3.05, and in the amount of $1,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $527.50 be refunded to Dennis O’Shaughnessy, 27 Trout Brook Lane, Mendham, NJ 07945.

(7.3) Refund registration for two children for 2012 Fall Art Class to Jill Ellermeyer—$380.00

R-296-12

WHEREAS, Jill Ellermeyer, registered her children for her two children (Jack and Kate) for the 2012 Fall Art Class; and paid a fee of $380.00

WHEREAS, her children will not be attending the program as the class was canceled due to lack of participants.

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 $380.00 be refunded to Jill Ellermeyer, 12 Elaine Ct., Randolph, NJ 07869.

(7.4) Police Escrow Releases

R-297-12

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

Schifano Construction Corp. $11,552.50
Midatlantic Neonatology $355.00
Mt. Freedom Jewish Center $360.00

(7.5) Maintenance building Solar Panel Resolution/Amended Shared Services Agreement

R-298-12

WHEREAS, Randolph Township wishes to amend the Shared Services Agreement of August 4, 2011 with the Randolph Township Board of Education which was for the construction and operation of a public works vehicle maintenance garage; and

WHEREAS, the amended agreement allows the installation of solar panels on the roof of the Garage; and

WHEREAS, both parties agree to abide by all the provisions set forth in the Amended Shared Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Amended Shared Services Agreement with the Randolph Township Board of Education.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the amended agreement.

(7.6) Reduction of Performance Guarantee for Public Improvements at The Ridge at Randolph—Phase II, Block 146, Lot 72 for a new total of $42,682.45

R-299-12

WHEREAS, Engineering has received a request from Toll Brothers for the reduction of the performance guarantee for the public improvements associated with The Ridge at Randolph Subdivision; and

WHEREAS, the initial performance guarantee consisted of a performance bond in the amount of $548,427.13 and a cash bond in the amount $60,963.35, which was received and deposited with the Finance Department; and

WHEREAS, the Township Consulting Engineer has revised the Engineer’s Estimate on September 21, 2012, which indicates the total amount of the remaining performance guarantee should be reduced to 30% of the original amount or $182,809.04 of which $18,280.90 is cash and $164,528.14 is a surety bond; and

NOW, THEREFORE, BE IT,RESOLVED by the Mayor and Council of the Township of Randolph, that the initial Performance Bond, No. 39BSBGB1951, in the amount of $548,427.13 be reduced to $164,528.14 and that the Developer be refunded the difference between the original cash bond in the amount of $60,963.35 and the current required cash bond in the amount of $18,280.90, or a total of $42,682.65, as recommended by the Township Engineer, to Toll Brothers, Perryville Corporate Center III, P.O. Box 4002, Clinton, NJ 08809-4002.

(7.7) Reduction of Performance Guarantee for Public Improvements at The Ridge at Randolph—Phase III, Block 146, Lot 72 for a new total of $18,067.65

R-300-12

WHEREAS, Engineering has received a request from Toll Brothers for the reduction of the performance guarantee for the public improvements associated with The Ridge at Randolph Subdivision; and

WHEREAS, the initial performance guarantee consisted of a performance bond in the amount of $210,588.71 and a cash bond in the amount $23,398.75, which was received and deposited with the Finance Department; and

WHEREAS, the Township Consulting Engineer has revised the Engineer’s Estimate on September 21, 2012, which indicates the total amount of remaining work to be $44,425.80 and therefore the total Performance Guarantee, which equals 120% of the remaining work, should now equal $53,310.96; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that the initial Performance Bond, No. 39BSBGB1951, in the amount of $210,588.71 be reduced to $47,979.86 and that the Developer be refunded the difference between the original cash bond in the amount of $23,398.75 and the current required cash bond in the amount of $5,331.10, or a total of $18,067.65, as recommended by the Township Engineer, to Toll Brothers, Perryville Corporate Center III, P.O. Box 4002, Clinton, NJ 08809-4002.

(7.8) Release Road Opening Cash Bond for 5 Prince Henry Drive to Romeo DeJesus—$500.00

R-301-12

WHEREAS, the Engineering Department has received a request from Romeo DeJesus for the release of a $500.00 cash road opening bond posted for the purpose of replacing the existing driveway at 5 Prince Henry Dr., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on August 30, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacement of the existing driveway at 5 Prince Henry Dr. 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 Romeo DeJesus, 5 Prince Henry Dr., Randolph, NJ 07869.

(7.9) Awarding a contract for 2012 On-Site Tub Grinding to J.H. Reid On-Site Recycling—full day rate and/or $3,500 half day rate

R-302-12

WHEREAS, the Township of Randolph advertised for 2012 On-Site Tub Grinding and received bids on September 25, 2012; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bid was received from the following and for the bid prices listed:

JH Reid On-Site Recycling, Inc., S. Plainfield, NJ
- Full Day Rate: $4700.00,
- Half Day Rate: $3500.00; and

WHEREAS, the Public Works Director and Purchasing Agent recommend the award of the contract to J.H. Reid On-Site Recycling as the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will come from 02-213-41-701-300 (Recycling Tonnage Grant); and

WHEREAS, it is anticipated that the on-site grinding will be needed for approximately 4 full days through the end of the year; and

WHEREAS, the Township of Randolph desires to award a contract for the 2012 On-Site Tub Grinding to J.H. Reid On-Site Recycling of South Plainfield, NJ.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to J.H. Reid On-Site Recycling of South Plainfield, NJ for the price of $4700 Full Day Rate; $3500 Half Day Rate per their bid proposal for as many days as may be required for the remainder of the year.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: October 4, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in Grant Fund, Recycling Tonnage Grant, to award a contract to J.H. Reid On-Site Recycling for 2012 On-Site Tub Grinding in the amount not to exceed $18,800.

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 02-213-41-701-300

(7.10) Authorizing Change Orders #18 ($1,432.20), #19 ($8,425.73) and #20 ($1,637.79) for DPW Facility bringing the new contract total with Rochelle Contracting to $2,927,119.19

R-303-12

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

WHEREAS, change orders #1 - #17 were previously approved and resulted in a decrease to the original contract in the amount of $24,376.53; and

WHEREAS, it is recommended by the Township Engineer that the following Change Orders be approved:

Change Order #18: Miscellaneous Additions and Deletions to complete project which resulted in a net increase of $1,432.20.

Change Order #19: Time and Material for Vehicle Lift for an increase of $8,425.73.

Change Order #20: Adding an additional storage room for an increase of $1,637.79.

WHEREAS, the revised contract with Rochelle Contracting Co. including all change orders is $2,927,119.19.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that Change Order #s 18, 19 and 20 be approved and the contract amended.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: October 4, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in Ordinance #5-11, Construction of Public Works Facility, to amend the Contract with Rochelle Contracting Co. for Change Orders #18-#20 in the amount not to exceed $11,495.72.

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-939-300

(7.11) Awarding contract for purchase of New, Unused Winter Maintenance Equipment and Related Training Bid to Reed Systems—$67,116.00

R-304-12

WHEREAS, the Township of Randolph advertised for the Purchase of New, Unused Winter Maintenance Equipment and Related Training and received bids on September 27, 2012; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bid was received from the following and for the bid prices listed:

Reed Systems LTD, Ellenville, NY—$62,499
- Optional transmitters (quantity 3)—$4,194
- Optional receiver (quantity 1)—$423; and

WHEREAS, the Public Works Director and Purchasing Agent recommended the award of the contract to the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will come from 04-215-55-951-301; and

WHEREAS, the Township of Randolph desires to award a contract for the Purchase of New, Unused Winter Maintenance Equipment and Related Training to Reed Systems LTD of Ellenville, NY.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Reed Systems LTD of Ellenville, NY for the price of $67,116 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: October 4, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in Ordinance #13-12, Various Capital Improvements - DPW Equipment, to award a contract to Reed Systems LTD for the Purchase of New Unused Winter Maintenance Equipment and Related Training in the amount not to exceed $67,116.

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-951-301

(7.12) Awarding of contract for LED signs—rebid project—to Allied Environmental Signage—$87,000.00

R-305-12

WHEREAS, the Township of Randolph advertised for the LED Signs—REBID project and received bids on September 25, 2012; and

WHEREAS, 3 bids were received; and

WHEREAS, bids were received in the order listed from the following and for the bid prices listed:

Allied Environmental Signage, Eatontown, NJ—$87,000,
John O’Hara Co., Inc., East Orange, NJ—$150,000,
Media Now, Inc., Netcong, NJ—$79,690; and

WHEREAS, the bid from Media Now, Inc. is non-responsive and must be rejected since they are not registered as a Public Works Contractor as required by the bid specifications; they did not provide a Consent of Surety; and a listed subcontractor was not registered under the Public Works Contractor Registration Act at the time of bid opening; and

WHEREAS, the Township Engineer and Purchasing Agent recommend the award of the contract to the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will come from 04-215-55-927-300 (Community Center) and 04-215-55-939-300 (Public Works Facility); and

WHEREAS, the Township of Randolph desires to award a contract for the LED Signs—REBID project to Allied Environmental Signage of Eatontown, NJ.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Allied Environmental Signage of Eatontown, NJ for the price of $87,000 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: October 4, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in Ordinance #2-10, Renovations to Community Center/Library/VFW and Ordinance #5-11, Construction of Public Works Facility, to award a contract to Allied Environmental Signage for the Purchase of LED Signs in the amount not to exceed $87,000.

____________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-927-300 = $43,500.
04-215-55-939-300 = $43,500.

(7.13) Release road opening cash bond for 77 Fernia Drive to Joseph Alessi—$500.00

R-306-12

WHEREAS, the Engineering Department has received a request from Joseph Alessi for the release of a $500.00 cash road opening bond posted for the purpose of reconstructing a new retaining wall at 77 Fernia Dr., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 17, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the reconstruction of a new retaining wall at 77 Fernia Dr. within the Township Right of Way, and;

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

(7.14) Release road opening cash bond for 16 Nottingham Way to Lai-Kwan Cheuk—$500.00

R-307-12

WHEREAS, the Engineering Department has received a request from Lai-Kwan Cheuk for the release of a $500.00 cash road opening bond posted for the purpose of installing belgium block along existing driveway at 16 Nottingham Way, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 30, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the installation of the belgium block along the existing driveway at 16 Nottingham Way 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 Lai-Kwan Cheuk, 16 Nottingham Way, Randolph, NJ 07869.

(7.15) Authorize NJ DOT 2013 TY2013 Municipal Aid Program—Quaker Church Road

R-308-12

NOW, THEREFORE, BE IT RESOLVED that the Council of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as 00414 to the New Jersey Department of Transportation on behalf of the Township of Randolph.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Randolph and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

(7.16) Authorize NJ DOT 2013 TY2013 Municipal Aid Program—Millbrook Avenue

R-309-12

NOW, THEREFORE, BE IT RESOLVED that the Council of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as 00413 to the New Jersey Department of Transportation on behalf of the Township of Randolph.

(7.17) Authorize NJ DOT 2013 TY2013 Safe Streets to Transit Franklin Road/South Salem St. Pedestrian/Bikeway

R-310-12

NOW, THEREFORE, BE IT RESOLVED that the Council of Randolph formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as 00051 to the New Jersey Department of Transportation on behalf of the Township of Randolph.

ORDINANCES

(A.) Second Reading/Public Hearing

(1) Ordinance #17-12: Amending Ordinance #10-12 for Police Sergeants and Lieutenants and RTEA Parks and Recreation Coordinator

Manager Lovell reported that the Ordinance amends the salary and wage ordinance, and it affects three titles in Randolph Township. It creates the title of Parks and Recreation Coordinator, and sets the salary through 2014 for that position. An agreement has been reached with the supervisory officers of the FOP, the Police Department, those titles Lieutenants and Sergeants, and the contract is for 2012 through 2015.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 10-12 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.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road commented about the salaries as related to when COAH was first begun.

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 10-12 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 the Notice of Final passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Napoliello made a motion to adopt the Ordinance. Councilwoman Mitsch seconded the motion, and the following role call was taken:

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

NAYS: Councilman Obremski

ABSTAIN: Mayor Guadagno

(B.) Introduction

(1) Ordinance #18-12: Shelter Development (Congregate Care) Ordinance

Manager Lovell reported that the Ordinance would put zoning in place that would allow the combination of assisted living and independent living be developed on a site located just west of Millbrook Avenue, between Route 10 and Quaker Church Road.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY TO ALLOW CONGREGATE CARE RETIREMENT COMMUNITIES AS A CONDITIONAL USE IN THE B-4 GENERAL COMMERCIAL DISTRICT” 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 1st of November, 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.

COUNCIL DISCUSSION

The following questions were discussed:

Q. Where are other B4 zoned areas in town?
A. The Route 10 corridor provided they have five acres.

Q. Please clarify the maximum of 125 units on a 5 acre lot and the language regarding over 5 1/2 acres.
A. The developer proposed 125 units, and that number was agreed upon at the meeting. However, since the property had not yet been surveyed, it may be a little larger and additional units might be built. Also, an incentive to purchase the adjoining properties was created by giving them 25 units per acre for any land acquired above and beyond this property.

Q. Have they been able to purchase any additional land?
A. Doug Henshaw, representing Shelter Development reported that they continue to pursue several different potential acquisitions. He stated that his client was looking for some specificity as to exactly how many units would be identified in the Ordinance, and ultimately upon site plan approval. Mr. Henshaw explained that the reason relates to the ability to get financing for the project. Attorney Buzak responded that the financing of the project is a valid concern; however, he felt this issue would work itself out based on the timing of the Planning Board approval and the financing. The other issue is that typically in the Ordinances the affordable housing obligation is described as a minimum obligation. Attorney Buzak felt that the language did not need modifying.

Councilwoman Mitsch made a motion to introduce the Ordinance. Councilwoman Veech seconded the motion and the following role call was taken:

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

NAYS: None

DISCUSSION ITEMS

A. Deer Removal on Private Property

Manager Lovell reported that each year the Township typically receives phone calls from residents who have a deer die on their property. Historically, the Township has taken the position that they are hesitant to become involved if the deer is on private property. However, with the extensive hunting program ongoing, the Manager requested that the Council give permission to enter private property, either the Parks & Recreation crew remove the deer from private property or to have Space Farms remove it for $100.

B. Cell Tower/Reception/Emergency Communication

Manager Lovell asked that the issue of cell towers and the possibility of replacing the existing cell tower behind the Municipal Building again be brought up and discussed. If the Council was willing to reopen the dialogue, the Manager felt that the first step would be to form a committee to research factual information and make a determination. He felt the increase in access to communication in the event of an emergency would be beneficial to the community.

The committee members will be Deputy Mayor MacArthur, Councilwoman Veech, and Councilman Napoliello along with Manager Lovell. The committee will notify people of the formation of the committee and inform them that their input will be appreciated. Deputy Mayor MacArthur asked for Council support on this issue.

The Swift 911 test message will take place in mid-October.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road asked if the attorney was satisfied with the Ordinance where it indicates the maximum building height of three stories and 45 feet and if the decorative element has to conform to the requirement of less than 45 feet.

Seeing no one further, the public portion was closed.

COUNCIL COMMENTS

Councilman Napoliello stated that the Country Fair is Saturday.

Councilwoman Veech stated that the Restore, Habitat for Humanity, is having their Grand Opening sale on Saturday also.

Mayor Guadagno stated that the DPW ribbon cutting is also on Saturday.

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. Open Space Negotiations—Heritage 55

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.

Councilwoman Veech made a motion to move into Executive Session at 8:05 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilwoman Veech made a motion to return to Open Session at 8:40 p.m. 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

ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 8:40 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None