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

Minutes: October 7, 2010

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Mitsch. 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, 2009, by emailing them the annual resolution adopted by the Council on December 3, 2009. 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 17, 2009.

PRESENT:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Councilwoman Price (arrived 9:10 p.m.)
Deputy Mayor Napoliello
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

PROCLAMATIONS

Mayor Mitsch read the following proclamations into the record:

A. Susan G. Komen for the Cure—Tie a Ribbon Campaign

WHEREAS, October is Breast Cancer Awareness Month; and

WHEREAS, the Township of Randolph supports awareness of certain diseases, such as breast cancer, which affects the lives of its citizens; and

WHEREAS, the Tie A Ribbon Campaign, sponsored by Susan G. Koman for the Cure North Jersey Affiliate, promotes such awareness as well as remembrance for those who have been touched by this disease; and

WHEREAS, the goal of the Affiliate is to raise awareness and reach the citizens of Randolph; and

WHEREAS, the Township of Randolph, through the efforts of the Affiliate, will proudly join in the Tie A Ribbon Campaign.

NOW, THEREFORE, BE IT RESOLVED that I, Mayor Trina Ruane Mitsch, on behalf of the Township Council and the residents of Randolph do hereby proclaim that October 2010 is National Breast Cancer Awareness Month.

B. Put the Brakes on Fatalities Day

WHEREAS, October 10, 2010, has been declared Put the Brakes on Fatalities Day by the Township of Randolph; and

WHEREAS, across the nation traffic crashes caused more than 34,000 fatalities in 2009 and are the leading cause of death for young people ages 15 to 34; and

WHEREAS, in New Jersey 583 individuals lost their lives in traffic crashes in 2008; and

WHEREAS, alcohol related crashes accounted for 31 percent of the state’s traffic fatalities while 16 percent of all fatal crashes involved traveling at unsafe speeds; and

WHEREAS, motorcyclists, bicycle riders and pedestrians face increased risks on New Jersey’s roadways as people opt for alternative modes of transportation; and

WHEREAS, 65 motorcyclists, 14 bicyclists, and 157 pedestrians were killed in New Jersey in traffic related crashes in 2009; and

WHEREAS, safer driving behaviors such as buckling up every ride, obeying posted speed limits, avoiding aggressive driving behaviors and aggressive drivers, never drinking and driving, wearing proper safety gear when riding a motorcycle or bicycle, and focusing solely on driving by avoiding distractions can dramatically reduce the number of traffic related injuries and deaths.

NOW, THEREFORE, BE IT RESOLVED that I, Trina Ruane Mitsch, Mayor of the Township of Randolph, in the County of Morris, New Jersey, in conjunction with the Randolph Township Police Department, do hereby proclaim October 10, 2010, as Put the Brakes on Fatalities Day and call upon everyone to put these lifesaving behaviors into practice to improve safety on the roadways in our community and throughout the state.

STUDENT LIAISON APPOINTMENTS—Economic Development Committee

Councilman Metz stated that two high school students were selected by two teachers at the high school to act as student liaisons to the Economic Development Committee. These two student members will work with the committee and the school to enhance the already successful High School Career Day.

A. Sonya Joshi

Ms. Joshi introduced herself to the Council and provided some background information on her activities and interests.

The Township Clerk administered the Oath of Office to Sonya Joshi.

B. Michael Roma

Mr. Roma introduced himself to the Council and provided some background information on his activities and interests.

The Township Clerk administered the Oath of Office to Michael Roma.

APPROVAL OF TOWNSHIP COUNCIL MINUTES

A. Regular Meeting Minutes for August 5, 2010

Councilman Algeier made a motion to approve the minutes as presented. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Metz
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSTAIN:
Councilman Loveys
Councilman Obremski

ABSENT: Councilwoman Price

B. Regular Meeting Minutes for August 30, September 7, and September 16, 2010 and Executive Meeting Minutes for September 16, 2010

Councilman Algeier made a motion to approve the minutes as presented. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSENT: Councilwoman Price

OPEN TO PUBLIC

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

COUNCIL AND MANAGER REPORTS

Councilman Algeier reported that he has prepared a memorandum regarding the Homeland Security Conference he recently attended and has given it to the Manager for distribution to the Council. The Councilman suggested a meeting be scheduled with the Manager, Councilman Obremski, Police Chief Mason, Mr. Stromberg, and himself to discuss several of the items highlighted in his memo on security. Councilman Algeier noted that an article appeared recently in the Star Ledger regarding property tax appeals, a problem endemic throughout the country at this time. While home values in Randolph are, for the most part, holding steady, commercial and industrial properties have not held up as well. The Councilman is often asked by residents why Randolph does not undertake a revaluation at this time.

Manager Lovell responded to that by stating that a revaluation at this time would cost approximately $1 million. In his experience, this would be the worst time to undertake a costly revaluation because the market has not stabilized. When a town does a revaluation, the revaluation should be able to last for many years. If one were done at this time, it would be necessary to go through the process again in a short time.

Councilman Algeier added that a revaluation at this time would automatically result in a tax increase for everyone to benefit mostly commercial and industrial property owners, which would be a disservice to an overwhelming majority of residents.

Manager Lovell noted that many commercial properties have already undergone the appeal process and, on the whole, the commercial sector is just about where it should be. Randolph is in good financial shape in large part because the Council has been receptive to the advice offered by professionals four years ago when the market began to shift. Many towns in New Jersey were not prepared and are in very difficult situations today. The Manager noted that the recession has lasted too long and each year it continues will make it more difficult to complete the budget process.

Councilman Algeier stated that the newspaper article he referred to looks at towns that did not prepare properly for the recession and downturn in the market and would like the residents of Randolph to know that the Council did act in a responsible and conservative manner to ensure that Randolph would stay strong financially. The Councilman noted that several years ago a resident criticized the Council for not lowering a line item in the budget called the Reserve for Uncollected Taxes. However, Councilman Algeier believes that time has proven the Council right in their decision at that time to hold the line item steady. The Councilman feels strongly that the residents should be aware that the township is in a much better financial position than many others in New Jersey because the Council listened to the advice of their professionals and acted conservatively.

Councilman Loveys noted that the Council’s thoughts and prayers were with John Van Brunt who is grieving the passing of his mother at this time.

Councilman Obremski reported that he recently attended a Green Table event hosted by Morris County. The County is putting together a comprehensive data base which will allow towns to map their open space and trails and they provided a brief overview of the system at the meeting. On October 12 at 6:30 p.m. there will be a tree and bench dedication at Heistein Park in memory of the high school student killed last year. The Councilman reported that Jersey Central Power & Light will be writing a work order to remove the facilities located on the Tucker Avenue project as requested by the Manager.

Councilman Metz reported that the Rotary-sponsored Country Fair held on October 2 was very successful and made a profit of approximately $6,000.00. The Economic Development Committee will work next year on ways to get the local businesses more involved with the Fair as a way to increase their visibility to the residents.

Mayor Mitsch thanked the Rotary Club for their efforts in putting together the Country Fair. The Mayor thanked Michael Soccio, Randolph’s Finance Director, for his leadership and expertise in that it allows the Council to make decisions that insure Randolph will be run efficiently and financially conservatively. Mayor Mitsch reiterated that Randolph is only one of a handful of towns in New Jersey that enjoys a AAA bond rating at a time when the whole world is struggling on the economic front. Mayor Mitsch attended a recent Chamber of Commerce meeting and noted that there seems to be a renewed posture in New Jersey that is pro-business. The Mayor noted that she will be attending the October 20 Citizens for Service event at the Police Academy and she will provide details of that event to the Council.

Manager Lovell noted that he has reserved a table for Randolph at the Citizens for Service event and will be there as well. The annual Council Fire Inspection will begin at 2:30 p.m. on November 13 at Company #2 and will move around to the other fire companies throughout the afternoon. The Manager and staff will be hosting a meeting with local realtors on October 19 in an effort to educate them on how the staff goes about solving certain situations when problems during property closings. The Manager noted that in August 2005, Randolph experienced the largest water consumption month in the history of the township at 95 million gallons. In August 2010, which was comparable to 2005 with hot and dry weather conditions, Randolph consumed 81 million gallons of water. The reduction in water consumption is due to the Council responding positively to several recommendations, which included an aggressive block rate structure and the imposition of an odd/even lawn watering system. The township also provided education to the residents on these issues and was aggressive in enforcement activities. Water conservation has a very real impact on water pressure, which is significant in maintaining proper fire flow to the fire hydrants in town.

ORDINANCES

A. Introduction

(1) Lot Grading Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-ADOPTING SECTION 15-52, LOT GRADING PERMITS, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 4th of November, 2010, at 8:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Manager Lovell stated that this ordinance continues one first adopted last year which contained a sunset clause. The purpose of the ordinance was to address problems and complaints regarding properties that have been improperly graded. The Engineering Department reviews plans to make a determination of when a permit is required or when a permit is not necessary. The ordinance was successful in its first year and the Council has indicated a desire to re-adopt a similar ordinance. The new ordinance will require an annual report to the Council on its effectiveness and will be in place until December 31, 2014.

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSENT: Councilwoman Price

(2) Amend Fee Schedule—Flu Clinic Fees

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPRENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

Manager Lovell stated that this ordinance will bring Randolph’s fee schedule in line with Roxbury’s fee schedule. Randolph will be providing health services to Roxbury through an inter-local government services agreement. The fee of $20.00 was recommended last year but could not be implemented because the clinic had already been advertised as $15.00.

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

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSENT: Councilwoman Price

COMBINED ACTION ITEMS

Councilman Algeier made a motion to approve the Combined Action Items with the exception of Items O-1 and O-3. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSENT: Councilwoman Price

A. Refund Overpayment of 2010 Taxes for 7 Chestnut Hill Road to Chase Home Finance—$2,405.75

R-269-10

WHEREAS, Chase Home Finance has overpaid 2010 taxes in the amount of $2,405.75 on Block 216, Lot 12, known as 7 Chestnut Hill Road, assessed to Jonathan and Helene Weiman; and

WHEREAS, it is recommended by the Tax Collector that this payment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the payment of $2,405.75 to Chase Home Finance.

B. Tax Sale Certificate Redemption Certificate No. 1896—Randolph Corners, 714 Route 10—$11,967.69

R-270-10

WHEREAS, Tax Sale Certificate #1896, held by Township of Randolph, assessed to Randolph Corners, LLC, Block 76, Lot 7, 714 Route #10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $11,967.69.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel Tax Sale Certificate #1896.

C. Tax Sale Certificate Redemption Certificate No. 1868—Rosa White, 22 Bennett Avenue, Randolph—$7,236.38

R-271-10

WHEREAS, Tax Sale Certificate #1869, held by the Township of Randolph, assessed to Rosa White, Block 195, Lot 7, 22 Bennett Avenue; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $7,236.38.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel Tax Sale Certificate #1868.

D. Release Road Opening Cash Bond for Widening and Replacing Existing Driveway to Don Delgrosso—$500.00

R-272-10

WHEREAS, the Engineering Department has received a request from Don Delgrosso for the release of a $500.00 cash road opening bond posted for the widening and replacement of an existing driveway at 17 Black Birch Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 15, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the widening and replacement of an existing driveway within the Township right-of-way; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Don Delgrosso, 17 Black Birch Drive, Randolph, NJ 07869.

E. Release Road Opening Cash Bond for 11 Concord Road to Louis Del Re—$500.00

R-273-10

WHEREAS, the Engineering Department has received a request from Louis Del Re for the release of a $500.00 cash road opening bond posted for the replacement of an existing driveway at 11 Concord Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 20, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the replacement of an existing driveway within the Township right-of-way; and

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

F. Authorizing Renewal of Membership in the North Jersey Health Municipal Employee Benefits Fund

R-274-10

WHEREAS, a number of public entities in the State of New Jersey have joined together to form the North Jersey Municipal Employees Benefits Fund, hereafter referred to as “FUND”, as permitted by N.J.S.A. aa: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 insurance fund contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a FUND; and

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

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

1. Become a member of the FUND for the period outlined in Randolph’s Indemnity and Trust Agreements.

2. Will participate in the following type(s) of coverage(s):

3. Health insurance as defined pursuant to N.J.S.A. 17B:17-4, Randolph’s Bylaws, and Plan of Risk Management

4. Adopts and approves the FUND’s Bylaws.

5. Execute an application for membership and any accompanying certifications.

BE IT FURTHER RESOLVED that the governing body of Randolph 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:

1. Approval of Randolph by the FUND.

2. Receipt from Randolph of a Resolution accepting assessment.

3. Approval by the New Jersey Department of Insurance and Department of Community Affairs.

G. Authorizing Release—Police Detail Escrow

R-275-10

WHEREAS, the Finance Department received escrow funds for Police Detail; and

WHEREAS, the Detail work has been completed.

NOW, 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:

Mt. Freedom Jewish Center $360.00
Mid-Atlantic Neonatology $355.00
Randolph High School Band $630.00
NJ Natural Gas Company $71.00

H. Release Escrow Funds for Block 5, Lot 8, to Beta Realty

R-276-10

WHEREAS, the Planning and Zoning Department received escrow funds from Beta Realty Group, Block 5, Lot 8, in the amount of $16,000.00; 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, that the remaining escrow funds in the amount of $2,156.75 plus interest be refunded to Beta Realty, 101 East Main Street, Randolph, NJ 07869.

I. Release Road Opening Cash Bond for Replacement of Driveway at 15 Cushing Court to Joan Spatola—$500.00

R-277-10

WHEREAS, the Engineering Department has received a request from Joan Spatola for the release of a $500.00 cash road opening bond posted for the replacement of an existing driveway at 15 Cushing Court, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 12, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the replacement of an existing driveway within the Township right-of-way; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Joan Spatola, 15 Cushing Court, Randolph, NJ 07869.

J. Release Road Opening Cash Bond for Driveway Reconstruction at 83 Meadowbrook Road to Donna and Ed Zdanowicz—$500.00

R-278-10

WHEREAS, the Engineering Department has received a request from Donna and Ed Zdanowicz for the release of a $500.00 cash road opening bond posted for the driveway reconstruction at 83 Meadowbrook Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on August 13, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway reconstruction within the Township right-of-way; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Donna and Ed Zdanowicz, 83 Meadowbrook Road, Randolph, NJ 07869.

K. Release Road Opening Cash Bond for Driveway Reconstruction at 53 Sunrise Terrace to Douglas Wraith—$500.00

R-279-10

WHEREAS, the Engineering Department has received a request from Douglas Wraith for the release of a $500.00 cash road opening bond posted for the driveway reconstruction at 53 Sunrise Terrace, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 26, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the driveway reconstruction within the Township right-of-way; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by Ralph Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Douglas Wraith, 53 Sunrise Terrace, Randolph, NJ 07869.

L. Release Escrow Funds for Block 77, Lots 35 and 37, to Randolph Church of Christ—$2,577.75

R-280-10

WHEREAS, the Planning and Zoning Department received escrow funds from Randolph Church of Christ, Block 77, Lots 35 and 37, in the amount of $8,500.00; 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, that the remaining escrow funds in the amount of $2,577.75 be refunded to Randolph Church of Christ, 316 Quaker Church Road, Randolph, NJ 07869.

M. Authorizing Award of Professional Services Agreement to Omland Engineering Associates for Sussex Turnpike Sanitary Sewer Extension Project—Not to Exceed $17,500.00

R-281-10

WHEREAS, the Township of Randolph has a need to acquire Omland Engineering Associates, Inc. as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Omland Engineering Associates, Inc. was awarded a Professional Services Agreement on October 7, 2008, with regard to the Sussex Turnpike Sanitary Sewer Extension Project for an amount not to exceed $52,500.00; and

WHEREAS, the balance of this contract is $14,500.00 and an additional $800.00 is required to identify locations for borings, prepare a written Request for Proposal, issue and review same for recommendation; 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 Omland Engineering Associates, Inc. as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 7, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the Reserve - Preliminary Expenses - Sussex Turnpike Sewer Extension to amend the contract with Omland Engineering for Professional Surveying and Engineering Services with regard to the Sussex Turnpike Sanitary Sewer Extension Project in the amount not to exceed $800.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

N. Awarding Group Life Insurance for Volunteer Firemen, Volunteer Rescue and Full Time Employees to the Standard Insurance Company

R-282-10

WHEREAS, the need exists to award a contract for group life insurance and accidental death and dismemberment insurance for volunteer firemen, volunteer rescue squad, and full-time township employees; and

WHEREAS, insurance falls under 40A:11-5(1)(m) as an exception to public bidding and may be awarded as an Extraordinary Unspecifiable Service (EUS); and

WHEREAS, the Certification for an Extraordinary Unspecifiable Service was completed by Michael Soccio as required by the Local Public Contracts Law 5:34-2.3; and

WHEREAS, The Standard Insurance Company will provide this service at a cost not to exceed $30,000.00 effective November 1, 2010, to October 31, 2013; and

WHEREAS, funds are available for this purpose and in the 2010 budget and funds will be available in the 2011, 2012, and 2013 Budget; and

WHEREAS, The Standard Insurance Company has completed and submitted a Business Entity Disclosure Certification which certifies that The Standard Insurance Company 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 The Standard Insurance Company from making any reportable contributions through the term of the contract.

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 The Standard Insurance Company as described herein.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 7, 2010

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2010 Budget - Employee Group Health Insurance, Other Expense, and that funds will be available in the 2011 - 2013 Budgets - Employee Group Health Insurance, Other Expense, to award a contract to the Standard Insurance Company for Group Life Insurance and Accidental Death and Dismemberment Insurance for Volunteer Firemen, Volunteer Rescue Squad, and Full-Time Township Employees in the amount not to exceed $5,000.00 for 2010, $30,000.00 for 2011, $30,000.00 for 2012, and $25,000.00 for 2013.

_____________________________
Michael J. Soccio
Chief Financial Officer

O. 2010 Budget Amendments—State Grants

1. Over the Limit, Under Arrest 2010 Statewide Crackdown—$4,400.00

Acted on separately.

2. Municipal Court Alcohol Education, Rehabilitation Enforcement Fund—$100.55

R-283-10

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2010 Budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2010 in the sum of $100.55, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services - Public and Private Revenue Off-Set with Appropriation: State of New Jersey - Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund

SECTION II

BE IT FURTHER RESOLVED that a like sum of $100.55 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey - Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund

3. Click It or Ticket 2010 Mobilization—$4,000.00

Acted on separately.

4. 2010 Clean Communities Grant—$2.84

R-284-10

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

SECTION II

BE IT FURTHER RESOLVED that a like sum of $2.84 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey - 2010 Clean Communities Program

P. Raffles

(1) Off-Premise Merchandise, Randolph Engine Company #5, January 17, 2011 at 7:30 p.m., 118 West Hanover Avenue, Randolph

(2) Off-Premise Merchandise, Randolph Chemical Engine Company #2, December 17, 2010, 7:00 p.m., 340 Route 10, Randolph

Councilman Algeier asked about the grant for Over the Limit, Under Arrest.

Manager Lovell responded that it is for DWI enforcement. The Manager noted Randolph has already applied for both grants in question and has entered into an agreement with the state to carry out the functions, paid the officers, and now are seeking to amend the budget for reimbursement of the funds paid to the officers. Manager Lovell stated that next year, before application is made to the state for the grant, Council will be given the opportunity to discuss the issues and make sure all members are in concurrence.

Councilman Algeier made a motion to approve items M1 and M3. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSENT: Councilwoman Price

1. Over the Limit, Under Arrest 2010 Statewide Crackdown—$4,400.00

R-285-10

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2010 in the sum of $4,400.00, which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services - Public and Private Revenue Off-Set with Appropriation: State of New Jersey - “Over the Limit, Under Arrest 2010 Statewide Crackdown”

SECTION II

BE IT FURTHER RESOLVED that a like sum of $4,400.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey - “Over the Limit, Under Arrest 2010 Statewide Crackdown”

3. Click It or Ticket 2010 Mobilization—$4,000.00

R-286-10

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2010 in the sum of $4,000.00, which item is now available as revenue from:

SECTION II

BE IT FURTHER RESOLVED that a like sum of $4,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Off-Set by Revenues: State of New Jersey - Click It or Ticket 2010 Mobilization

DISCUSSION

A. Debt Service Study—DPW Maintenance Facility

Manager Lovell suggested moving through the remainder of the agenda before moving to Council Chambers to discuss this issue.

B. Committee Appointment—Robert Barbiere

Deputy Mayor Napoliello nominated Robert Barbiere as a member of the Recreation Committee. Councilman Obremski seconded the nomination, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ABSENT: Councilwoman Price

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, stated that she believes the ordinance introduced this evening regarding the fee for flu shots should have adopted before holding the clinics and charging the new fee.

Mayor Mitsch responded that if the ordinance is not adopted, a refund will be given to those who paid $20.00.

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

MOVE TO COUNCIL CHAMBERS FOR REMAINDER OF MEETING

DISCUSSION (Continued)

Debt Service Study—DPW Maintenance Facility

Manager Lovell stated that Mr. Soccio will be providing an overview of the debt structure of Randolph Township and how the municipal garage project would fit into that.

Mr. Soccio provided the Council with schedules showing the projected township debt structure from 2011 to 2031. The schedules were prepared using the following information:

2007 bond sale
Projected debt to be authorized from the 2011 - 2015 Capital Improvement Program budgets
Debt authorized for the Senior Center and Library project
Debt assumed for the DPW garage

The schedules were prepared using the following assumptions:

2011 - 2015 Capital Financing Program Budget—items are to be temporarily “financed” for ten years at the current market rate of .75 percent
Senior Center/Library—temporary financing for ten years at the current market rate of .75 percent and permanent financing for ten years at the current market rate of 2.25 percent
DPW Garage—temporary financing for ten years at the current market rate of .75 percent and permanent financing for ten years at the current market rate of 2.25 percent
Level debt which includes Capital Improvement and Deferred Charges

Councilman Obremski noted that, in looking at the way the finances are currently set up, the township would be able to absorb the additional debt of a new DPW facility without affecting the current debt service level.

Mr. Soccio responded that would be correct.

Councilman Algeier asked if the Open Space Trust or Parks Trust would be affected in any way.

Mr. Soccio responded that those trusts would not be affected.

Councilman Algeier asked about the probably time line for the DPW project if Council should decide to move forward.

Manager Lovell responded that Randolph would begin borrowing the money in 2011 and start paying it off in 2012.

Deputy Mayor Napoliello asked if the DPW project is connected with the Senior Center and Library project.

Manager Lovell responded that the DPW project is separate from the Senior Center and Library Project. Funds have already been approved for the Senior Center and Library project and the township will be going out to bid and constructed in the near future. The DPW project has only received authorization for conceptual architectural renderings and preparation of a budget. The Manager would like the Council to be completely satisfied and comfortable with the DPW project before moving any further.

Councilman Algeier asked what the Board of Education’s feelings were toward this project.

Manager Lovell responded that the Board of Education is currently spending money to lease a facility and are quickly approaching the time where they will have to renew their lease agreement. They appear to be anxious to combine with the township in this one facility. If and when the Council approves the project, the Board of Education would have to sign an inter-local government services agreement with the township in order for this project to move to completion.

Mr. Soccio cautioned that, in regards to the tax levy cap, a township is penalized by the state if debt is retired and a lower debt service is realized. Should the Council decide to not move forward with the DPW project, Mr. Soccio would still look to keep the level of debt steady at $1.6 million and would simply pay off some other items more quickly.

Councilman Obremski asked if rating agencies look at a township’s debt service.

Mr. Soccio responded that he believes rating companies mainly look at a township’s financials and operations. Debt service does not seem to be a main factor.

Manager Lovell noted that one of the comments made in Randolph’s last rating was that there was a relatively lower level of debt as it relates to population and ratable base. Randolph also maintains a high level of surplus overall and has financial stability. These items are regarded favorably by rating companies.

Mr. Soccio noted that rating companies look at a township’s debt schedule and look to see how much a township can authorize. Randolph falls far below what it could authorize.

Mayor Mitsch asked how quickly the Finance Director could move to permanent financing if there was substantial movement in the temporary financing market.

Mr. Soccio responded that he is in touch with the bond counsel on a regular basis and that movement could be made to permanent financing within a couple of weeks.

Manager Lovell is not looking for a decision by the Council this evening. He will place this item on the October 28 meeting agenda for discussion. If at that time there is the sense that the Council is comfortable with the project, the Manager will move forward with an ordinance introduction in November.

COUNCIL AND MANAGER COMMENTS

Deputy Mayor Napoliello asked if there was any interest from the Council to honor Jay Alpert for his services as Councilman and Mayor.

Manager Lovell responded that there will be a special recognition evening in December that honors several local businesses and township volunteers. He recommended honoring Mr. Alpert that evening.

Council indicated agreement.

Councilman Algeier asked the Manager to prepare a short overview of the tax appeal issue to be put on the web site and distributed to local press. The Councilman believes they should be proactive in explaining to the residents how the Council is handling the tax appeal situation and why it is counter-productive to undertake a revaluation at this time.

Manager Lovell responded that he will begin to draft such a document. The Manager reiterated that Randolph is doing fairly well when you compare all of the ratables that exist against the appeals that have been successful.

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. Tax Appeals
b. 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 closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Deputy Mayor Napoliello made a motion to move into Executive Session at 9:30 p.m. Councilman Metz seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

Deputy Mayor Napoliello made a motion to return to Open Session at 9:40 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Loveys
Councilman Metz
Councilman Obremski
Councilwoman Price
Deputy Mayor Napoliello
Mayor Mitsch

NAYS: None

ADJOURNMENT

Mayor Mitsch adjourned the meeting at 9:40 p.m.

_____________________________
Donna Marie Luciani
Township Clerk