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

Minutes: September 16, 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 (via telephone)
Deputy Mayor Napoliello
Mayor Mitsch

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

Mayor Mitsch led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, reported that the library sponsored a very successful performance featuring a Thomas Jefferson impersonator. The character spoke of the importance of the Constitution and of how education is vital to having a democratic republic. Mrs. Stewart will attempt to have this event repeated for the schools. Mrs. Stewart asked about the proposed amendment to the salary and wage ordinance, specifically the salary for an assistant to the Rompers program versus the salary for an administrative assistant and clerk/typist.

Manager Lovell responded that employees are hired within the framework of the ordinance to perform the functions assigned to them. The Manager will discuss the administrative assistant position later in the meeting.

Mrs. Stewart commented that residents often complain about the salaries paid to school administrators and noted the reason for the high level of pay is due to a shortage of candidates.

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

COUNCIL AND MANAGER REPORTS

Councilman Loveys attended a Recreation Committee meeting recently where it was reported that 2010 revenues through August exceed 2009 levels. Participants in the program currently exceed 6,000. Winter registration began in September and fall programs are in full swing. Several capital improvement projects have been completed, most notably parking lot improvements and expansion at Freedom Park, Brundage Park, and Randolph Lake. Councilman Loveys attended a Parks Committee meeting and announced that on October 12 at Heistein Park at 6:30 will be a ribbon cutting ceremony to dedicate the new bridge and portion of Patriots’ Path that was recently completed followed by the dedication of three trees and a bench at 7:00 in memory of the young high school student killed earlier this year on Route 10. The Councilman reported that John Van Brunt will be reviewing parking ordinances pertaining to the parks as they are having difficulty with enforcement of the regulations. Membership at Randolph Park was up from 2009. The recently installed spray features at the lake have been very well received. The Councilman reported that Mr. Van Brunt is meeting with individuals who have been issued hunting permits for the upcoming deer hunt in Randolph. The hunt has been expanded slightly from last year and has been broken into two sessions, with the first occurring from October 1 through December 31 and the second hunt occurring January 1 through February 26.

Councilman Obremski reported that the traffic signal suggested by Mrs. Stewart at the last meeting is not an accepted standard in New Jersey. The Township Engineer will check with the County to see if there are any alternative solutions available when the County renovates that intersection at Millbrook Avenue and Sussex Turnpike. The Councilman reported that the parking issue on Longview Avenue is being revisited by the Traffic Safety Committee. Sgt. Moore has marked the road at increments of 25, 75, 100, 125, 200, and 250 feet and also marked the width of cars so that the committee and Council can get a better sense of the situation. Ray Stromberg visited the site and in his opinion emergency vehicles would have sufficient room to travel on the roadway. It is Mr. Stromberg’s recommendation that 75 feet be prohibited for parking to allow emergency vehicles to enter the roadway safely. The Traffic Advisory Committee will have use of the billboard on Route 10 in October where they will advertise the school bus safety initiative. There was a recent meeting at Town Hall with representatives of the DOT to discuss the Salem Street bridge replacement. The bridge replacement is being designed with stimulus money, however there is currently no funding available for the actual bridge replacement. The DOT estimates that once funding is available, the project could be completed within a six month timeframe. At the meeting the DOT offered their proposed detour routes for the project and the Councilman summarized for the Council what those detours would be. Concerns were expressed about increased traffic at one of the jughandles on Route 10 as well as the time period in which the DOT conducted their traffic count in that area. The DOT has agreed to look into whether the timing of the traffic light at the jughandle could be increased to allow more traffic to flow through and also to conduct another traffic count study during a period when the traffic has returned to normal volume.

Manager Lovell stated that there has been no commitment from the DOT on a possible start date for the project.

Councilman Obremski reported that he spoke to a DOT representative regarding proposed improvements to the intersection of Dover-Chester Road and Route 10. The Councilman will follow up on that issue.

Councilman Algeier attended a Board of Health meeting recently where the primary topic of discussion was the recent publicity related to concussions and other sports injuries. The Board of Health will be sending requests for information to the Board of Education as to their policies regarding this issue and may be able to offer recommendations once the policies have been reviewed. The Board of Health visited all of the stores and shops in Randolph that sell milk and eggs to ensure that none of the recently recalled products were made available to Randolph residents.

Councilman Metz attended a recent meeting of the Economic Development Committee where they discussed Randolph Sales Days which begin on September 18. Local business can operate a table at the Country Fair on October 2 to help promote their business. The Councilman contacted the principal of the high school and will meet with her shortly to discuss the parameters for the upcoming High School Senior Career Day in March. The Marketing and Accounting teachers will be selecting a junior and senior to represent the student body on the Economic Development Committee in an effort to get the students more involved in the program.

There was no response from Councilwoman Price on the telephone when asked if she had any reports at this time.

Deputy Mayor Napoliello attended a recent meeting regarding the Country Fair and reported that plans were moving forward. Food will be supplied by local vendors. There will be a four mile walk early that morning as well as an apple pie bake-off during the Fair. The Councilman attended a meeting at the local rescue squad recently where a nurse provided a presentation on blood-borne and airborne pathogens. The presentation was followed by a test and the Councilman distributed a copy of the test for the Council.

Mayor Mitsch is in the process of setting up a meeting with a representative from FEMA to address their recent flood mapping of the Shongum area and to hopefully convince them to remap the area. The Mayor distributed a flyer regarding an annual emergency preparedness conference. Although she is unable to attend the conference, she encouraged others from the Council to attend if available to do so.

SOIL MOVEMENT HEARINGS

Manager Lovell’s comments included the following:

This issue deals with the Grecco site
The Council has gone through two soil movement hearings with them already and has provided them with their initial permit and a subsequent amendment to that permit
There have been problems with trucks not following the prescribed route
A sign was posted at the site offering free dirt which has caused problems for the township
Two entities wish to receive material from the Grecco site, and approval by the Council would require another amendment to the permit
The first site is a property in the Middlebury Boulevard complex looking to import soil from the Grecco site
The fire house on Route 10 is asking for boulders from the site to be used to rebuild a retaining wall

Mr. Geminario, counsel for Mr. Kozak who is the property owner at the Middlebury site, offered the following comments:

The Middlebury Boulevard site is comprised of three acres
Site plan approval was received in 2007 to build a 35,000 square foot office warehouse space
The property owner would like to import 12,000 cubic yards of soil from the Grecco site for grading purposes
Legal counsel representing Mr. Grecco has indicated consent so long as it doesn’t
Mr. Grecco is willing to provide the soil
Trucks delivering the soil to the Middlebury site would be travel down Route 10 to Canfield Avenue to Middlebury Boulevard
Use of local roads would be minimal
An additional amendment to the soil movement permit for the Grecco site is necessary since the original permit requires that all soil go out of the township

Manager Lovell noted that one of the restrictions placed in the proposed resolution calls for the Middlebury site to receive soil only from the Grecco project. It in unlikely that the soil received from the Grecco project will be sufficient to completely grade the property and they will probably need to return to the Council with a plan to import additional soil and to obtain a permit to do so. The importation of soil is treated differently from the exportation of soil since the Township needs to know the source of the imported soil.

Mr. Geminario noted that his clients have agreed to comply with all of the bonding requirements in connection with the use of township roads for the transportation of the soil.

Councilman Obremski asked if there was any recourse available to the Township when permit violations occur.

Mr. Buzak responded that violations could be brought to the municipal court.

Councilman Algeier suggested the Council consider the issuance of a fine for any further violations to the soil movement permit at the Grecco site.

Manager Lovell clarified for the record that work done at the site falls under the responsibility of the developer, in this case Mr. Grecco.

Councilman Loveys asked what mechanisms were in place to guarantee work at a potential site, such as the issuance of building permits.

Manager Lovell responded that Certificates of Occupancy and building permits are significant control points for projects of this magnitude.

Manager Lovell reported that a sign at the Grecco site offering free soil has caused some difficulty for the Township. The Council recently implemented an ordinance dealing with the grading of properties brought about by numerous complaints from property owners when neighboring properties were improperly graded and caused damage. The Manager suggested a position of not allowing soil to be delivered to individual property owners unless a soil grading plan has been submitted and approved by the staff.

The Manager summarized the amendments requested for the Grecco site. They include:

Allowing the transport of soil to the Middlebury site with trucks traveling on Route 10 to Canfield Avenue to Middlebury Boulevard
Boulders are to be delivered to the fire house on Route 10 with trucks using only Route 10
Property owners can have soil delivered to their property only if a soil grading permit has been obtained from the Township

Mr. Buzak noted that language will be inserted into the amended soil movement permit to address the fire house issue and the issue of individual residents accepting soil from the site.

Councilman Obremski made a motion to approve Kozak resolution for a soil movement permit. 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

Councilman Metz made a motion to approve the soil movement permit for the Grecco site as amended. Councilman Obremski 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

ORDINANCES

A. Introduction

(1) Amend Salary and Wage Ordinance

Manager Lovell stated that this item will be pulled and placed on the October 10 agenda. The Manager will provide to the Council a marked-up copy and comments as to the changes he is proposing.

COUNCIL COMMENTS (Continued)

Councilwoman Price noted a problem with the telephone reception and was not able to hear when the Council first made their comments. The Councilwoman reported that James Giordano completed his Eagle Scout project which was to reface historic signs within the Township. One of the signs was damaged by a snow plow and will be replaced.

Councilwoman Price nominated Ed O’Connor to fill an unexpired term as an Alternate on the Landmarks Committee. 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

COMBINED ACTION ITEMS

Manager Lovell’s comments included the following:

There is a professional services agreement dealing with the MCCPC and a lawsuit brought about by one of the asphalt providers
Randolph has been successful in the early rounds of the lawsuit
The MCCPC earns $220,000.00 per year in revenue
This is the first major lawsuit brought by a vendor
The Manager believes it is important to undertake this process as a show of good faith to the members of the MCCPC
There is a professional services agreement with Environmental Technology dealing with the removal of tanks at the EA Porter site and testing of the area
Funds for this project will be provided by the Housing Trust
There is an amendment to the professional services agreement with Fred Knapp regarding ongoing litigation
There is a resolution opposing an Assembly bill for the merging of medical services for transport
The Manager and members of the rescue squad believe that the passage of such a bill will effectively put volunteer rescue squads out of business
Copies of the resolution will be sent to the Assemblymen, Anthony Bucco, Governor Christie, and all the towns in Morris County

Councilman Algeier reiterated his disappointment that the League of Municipalities has not taken a strong stance in opposition of the proposed Assembly bill and asked Deputy Mayor Napoliello once again to reach out to his contacts at the League of Municipalities in an effort to educate them on this issue and get their support.

Councilman Algeier made a motion to approve the Combined Action Items. 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

A. Authorizing Renewal of Membership in the Morris County Municipal Joint Insurance Fund

R-254-10

WHEREAS, the Township of Randolph is a member of the Morris County Municipal Joint Insurance Fund; and

WHEREAS, said renewed membership terminates as of December 31, 2010, unless earlier renewed by agreement between the Township of Randolph and the Fund; and

WHEREAS, the Township of Randolph desires to renew said membership.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The Township of Randolph agrees to renew its membership in the Morris County Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulations, coverage, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.

2. The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Morris County Municipal Joint Insurance Fund evidencing the Municipality’s intention to renew its membership.

B. Amending Professional Services Agreement with the Buzak Law Group For Legal Services Regarding Litigation with the MCCPC—Adding $30,000.00 for a New Total Contract Not to Exceed $52,000.00

R-255-10

WHEREAS, an agreement was awarded to the Buzak Law Group on December 3, 2009, for litigation with the Morris County Cooperative Pricing Council; and

WHEREAS, the original agreement was in the amount of $22,000.00 and an additional $30,000.00 is needed; and

WHEREAS, the total of this contract with Amendment I will not exceed $52,000.00; 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 amend this contract with the Buzak Law Group LLC, as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 16, 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, Legal, Other Expenses, to amend the contract to The Buzak Law Group regarding litigation with the MCCPC in the amount not to exceed $30,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Professional Services Agreement to Environmental Technology, Inc. for the Preparation and Submission of Application to NJ DEP for 42 Bennett Avenue—Not to Exceed $1,400.00

R-256-10

WHEREAS, the Township of Randolph has a need to acquire Environmental Technology, 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 that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Environmental Technology, Inc. has indicated they will complete the preparation and submission of the application to the NJDEP for Tank Removal at Block 195, Lot 10, Bennett Avenue, for an amount not to exceed $1,400.00; 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 Environmental Technology, Inc. as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 16, 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 Housing Trust to award a contract to Environmental Technology, Inc. for Preparation and Submission of an Application to the NJ DEP for Tank Removal at Block 195, Lot 10, 42 Bennett Avenue, in the amount not to exceed $1,400.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing Amendment to Professional Services Agreement for Labor and Negotiations to Fredric Knapp—Not to Exceed $26,500.00

R-257-10

WHEREAS, an agreement was a awarded to Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC on January 14, 2010, for Labor and Negotiations; and

WHEREAS, Frederic M. Knapp has been providing legal representation on a number of issues, including:

Kepler v Randolph
Lukavich v Randolph
FOP Time Off—Arbitration
General Labor Advice
and

WHEREAS, the Professional Services Agreements include:

Original Agreement $6,000.00
Amendment 1 (July 1) $4,000.00
Amendment 2 (August 5) $10,000.00
TOTAL $20,000.00

WHEREAS, an additional amendment in the amount of $5,000.00 is required at this time; and

WHEREAS, $1,500.00 was appropriated in the matter of Kepler v Randolph, is available, and has been transferred into this contract; and

WHEREAS, the total of this contract with Amendment III and the additional $1,500.00 will not exceed $26,500.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 16, 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, Legal, Other Expenses, to amend the contract with Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, for Legal Services for Labor and Negotiations in the amount not to exceed $6,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Professional Services Agreement with David Paris, Esq., to Serve as Hearing Officer—Not to Exceed $1,600.00

R-258-10

WHEREAS, the Township of Randolph has a need to acquire David M. Paris, Esq., of Piro Zinna Cifelli Paris & Genitampo 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 not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, David M. Paris, Esq., of Piro Zinna Cifelli Paris & Genitampo has indicated he will conduct a Police Disciplinary Hearing for an amount not to exceed $1,600.00; and

WHEREAS, funds are available for this purpose.

NOW, THREFORE, 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 David M. Paris, Esq., of Piro Zinna Cifelli Paris & Genitampo 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: September 16, 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, Legal, Other Expense, to award a contract to David M. Paris, Esq., of Piro Zinna Cifelli Paris & Genitampo for the Purpose of Conducting a Police Disciplinary in the amount not to exceed $1,600.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

F. Professional Services Agreement with Arthur Thibault, Esq., to Serve as Special Counsel for Hearing—Not to Exceed $4,000.00

R-259-10

WHEREAS, the Township of Randolph has a need to acquire Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy, 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 not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has indicated he will provide the Special Police Counsel Services at a rate of $145.00 per hour for an amount not to exceed $4,000.00; and

WHEREAS, Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy has completed and submitted a Business Entity Disclosure Certification which certifies that Apruzzese, McDermott, Mastro & Murphy 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 Apruzzese, McDermott, Mastro & Murphy from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THREFORE, 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 Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy 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: September 16, 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, Legal, Other Expense, to award a contract to Arthur R. Thibault, Jr., of Apruzzese, McDermott, Mastro & Murphy for Special Counsel with regard to a Police Hearing in the amount not to exceed $4,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

G. Release of Maintenance Guarantee for Water Improvements—Heritage Village XIV to SJC Builders—$2,818.20

R-260-10

WHEREAS, a cash Maintenance Guarantee in the amount of $2,818.20 was posted by SJC Builders and deposited with the Finance Department to serve as the Maintenance Guarantee for the water line system constructed in the Heritage XIV Subdivision located on Block 49, Lot 3; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years; and

WHEREAS, the Engineering Department has inspected the subdivision and found the water line installation has been satisfactorily completed.

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 G. Carchia, Engineering Administrator, that the Township release the cash Maintenance Guarantee in the amount of $2,818.20 plus accrued interest to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

H. Release of Maintenance Guarantee for Water Improvements—Heritage Village XII to SJC Builders—$6,978.50

R-261-10

WHEREAS, a cash Maintenance Guarantee in the amount of $6,978.50 was posted by SJC Builders and deposited with the Finance Department to serve as the Maintenance Guarantee for the water line system constructed in the Heritage XII Subdivision located on Block 93, Lots 47.01 and 57; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years; and

WHEREAS, the Engineering Department has inspected the subdivision and found the water line installation has been satisfactorily completed.

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 G. Carchia, Engineering Administrator, that the Township release the cash Maintenance Guarantee in the amount of $6,978.50 plus accrued interest to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

I. Release of Maintenance Guarantee for Water Improvements—Heritage Village V to SJC Builders—$1,314.00

R-262-10

WHEREAS, the Township is currently holding a cash Maintenance Guarantee in the amount of $1,314.00 which was posted by SJC Builders and deposited with the Finance Department for the water line system constructed in the Heritage V Subdivision located on Block 93, Lots 38, 52, 54 and 56; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years; and

WHEREAS, the Engineering Department has inspected the subdivision and found the water line installation has been satisfactorily completed.

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 G. Carchia, Engineering Administrator, that the Township release the cash Maintenance Guarantee in the amount of $1,314.00 plus accrued interest to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

J. Release Road Opening Cash Bond for Replacement of Existing Driveway at 2 Ellam Drive—Raymond Martinez—$500.00

R-263-10

WHEREAS, the Engineering Department has received a request from Raymond Martinez for the release of a $500.00 cash road opening bond posted for the replacement of an existing driveway at 2 Ellam 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 July 23, 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 Raffaele Carchia, Engineering Administrator, that the cash road opening bond in the amount of $500.00 be refunded to Raymond Martinez, 2 Ellam Drive, Randolph, NJ 07869.

K. Acceptance of Maintenance Bond—Doby Road Bikeway Bridge—Salmon Brothers, Inc.

R-264-10

WHEREAS, Engineering has received a Maintenance Bond, No. 2405MB, from Bondex Insurance Company in the amount of $4,945.00 dated August 5, 2010, which was required from Salmon Brothers at the completion of construction of the Doby Road Bike Way Bridge; and

WHEREAS, the Maintenance Bond will serve as a one year maintenance guarantee for the Doby Road Bike Way Project; and

WHEREAS, the Maintenance Bond will allow the Township to release the 10% retained by the Township in the amount of $4,945.00 to Salmon Brothers Incorporated.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Township accepts the Maintenance Bond, No. 2405MB, issued by Bondex Insurance Company in the amount of $4,945.00 and release to Salmon Brothers Incorporated the 10% contract retainer in the amount of $4,945.00 for the completion of the construction of the Doby Road Bike Way Bridge.

L. Release of Road Opening Cash Bond for Repair of Existing Sidewalk at 27 Wilkinson Road—Nicholas Borzuku—$500.00

R-265-10

WHEREAS, the Engineering Department has received a request from Nicholas Borzuku for the release of a $500.00 cash road opening bond posted for the repair of an existing sidewalk at 27 Wilkinson 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 23, 2010; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repair of an existing sidewalk 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 Nicholas Borzuku, 75 Sequams Lane, West Islip, NY 11795.

M. Opposing Assembly Bill—Emergency Medical Services/Medical Transport

R-266-10

WHEREAS, Assembly No 2095 and Senate Bill S-818 are currently undergoing an examination by both state legislative bodies; and

WHEREAS, the intent of Assembly Bill No. 2095 is to regulate the emergency medical services system, referred to as inefficient and lacking in accountability by the sponsor of the legislation; and

WHEREAS, upon reading the proposed sweeping reform measures, it is apparent that the bill, while seemingly beneficial, sets forth a number of requirements that will have a deleterious impact on New Jersey municipalities and volunteer rescue squads; and

WHEREAS, a sampling of the problematic issues raised in the bill are set forth below:

* Qualification and training levels that will discourage and/or overly burden volunteer rescue squad members, reducing volunteer participation in rescue squads.

* Creation of a new Office of Emergency Services in the Department of Health with all costs associated in appointing and maintaining a new bureaucracy.

* The requirement that two (2) emergency medical technicians ride in every ambulance at all times, again burdening volunteer rescue squads leading to their demise.

* Creation of a new State Fund and directing the assessment and collection of fees (taxes) in support of same.

* Establishment of the titles of State Medical Director for Emergency Medical Services and three (3) regional medical directors who will undoubtedly require appropriate staff to support said titles.

* By default, municipalities in the absence of viable volunteer rescue squads shall remain responsible for providing Basic Life Support services through the hiring of personnel or by contracting with a service provider (area hospital) to provide ambulance support.

WHEREAS, the unspoken consequence of said legislation will be the end of volunteer rescue squads across New Jersey; and

WHEREAS, State government, as a result of this legislation, will expand its bureaucracy at a time when the citizens wish to see state government reduced; and

WHEREAS, the cost to provide Basic Life Support Services will increase dramatically as a result of the loss of volunteers and volunteer rescue squads.

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

* Randolph Township stands firmly opposed to this legislation as the requirements contained therein will effectively end the viability of the Randolph Township Volunteer Rescue Squad.

* Randolph Township stands firmly opposed to this legislation as the requirements therein will dramatically increase the cost of emergency medical services to our citizens in the form of taxes, fees, and service charges.

* Randolph Township calls upon its legislative delegation to vote against this legislation and in the event that same is adopted, Governor Christie is respectfully requested to veto the legislation.

BE IT FURTHER RESOLVED that copies of this resolution shall be sent to:

Governor Chris Christie
Senator Anthony Bucco
Assemblyman Anthony Bucco
Assemblyman Michael Carroll
All Municipalities in Morris County
The NJ League of Municipalities

N. Raffles

Off-Premise 50/50, St. Matthew the Apostle Parish, December 19, 2010, 4:30 p.m., 335 Dover Chester Road, Randolph

On-Premise 50/50, Milton Tri-School PTA, February 25, 2011, 6:00 p.m. to 11:00 p.m., at the Skylands at Randolph, 729 Route 10 West, Randolph

On-Premise Basket Raffle, Milton Tri-School PTA, February 25, 2011, 6:00 p.m. to 11:00 p.m., at the Skylands at Randolph, 729 Route 10 West, Randolph

On-Premise 50/50, Center Grove Elementary PTA, September 24, 2010, 4:00 p.m. to 6:30 p.m., 25 Schoolhouse Road, Randolph

DISCUSSION ITEMS

(1) Public Works Garage—Green Acres Diversion—Project Timing

Manager Lovell’s comments included the following:

The township operates out of a Public Works facility built in the 1960’s which is inadequate to meet Randolph’s needs
The township has held conversations with the Board of Education about combining into one facility and they agree with that concept
The Council instructed the Manager to begin preliminary design work and budget figures were provided to the Board of Education
Planning was halted until information on the new levy cap could be obtained
Capital projects are outside of the new levy cap
The Board of Education raised the issue because they will soon have to renegotiate for leased space
The building will consist of a staffing component and a vehicle maintenance component
The proposal they are working from now calls for the demolition of the current building and the new building to be constructed at the same place
There are several pros and cons to this project
This is a $3.6 million project, shared by the Board of Education, the water and sewer entity, and general obligation from the budget
The project would likely be bonded for 20 years
The construction market is very competitive at this time and bids have been coming in far lower than in previous years, therefore thee project may come in at below the $3.6 million projected price tag
The current facility presents a number of problems and inefficiencies and is coming to the end of its useful life span
A workforce consolidation between the township and Board of Education could possibly reduce headcount in the future
A new facility would be more energy efficient and there is the possibility of a solar panel component associated with a new building
Reasons to delay construction of this project include a weak economy and it could be difficult to achieve public support
Randolph does not delay the repayment of debt and that cost would show in the 2012 budget and it is not clear with the economic climate will be at that time
There is a lot of public anger directed at governments with the creation of debt
An option would be to move forward with the design and, once conditions improve satisfactorily, continue with the project
The Manager is asking for guidance so that he can advise the Board of Education as to how they should look to renegotiate their lease agreement
The Manager would like the Council to consider his comments and be prepared to offer guidance at the next meeting
The Manager encouraged the Council to tour the existing Public Works site if they have not already done so

Councilman Algeier asked the following questions:

Could the Board of Education acquire a short term renewal for their leased property (in light of the weak real estate market, such an agreement would likely be possible)
What is the square footage in the new facility versus the current facility (about 5,000 or 6,000 square feet versus 6,000 square feet for the staffing component and 13,000 square feet for the vehicle maintenance component)
What repairs, if any, will be necessary to the current building if the new structure is not built (possibly a new roof over the office area)
What does it cost to heat the current facility (in the winter with the bay doors constantly being opened, heating is not efficient and costs are therefore higher)
With waste oil heating and possible solar heating in a new building, would heating costs virtually disappear (costs would likely be minimal)

Councilman Metz stated that he can hardly imagine interest rates on bonds going lower than they are at this time.

Councilman Obremski asked the current number of lifts, the condition of those lifts, and the future number of lifts in the new building.

Mr. Kerwick responded that the number of lifts will not change with the new building. When lifts break down now they are replaced with above ground lifts, which limits the work you can do. The School Board would be bringing their equipment to the new building as well.

Mayor Mitsch asked what the cost would be for a solar panel initiative at the new building.

Manager Lovell responded the cost is determined by the size of the project. A project such as this would likely generate more energy than it would use, therefore reducing the payback period.

Mayor Mitsch suggested the Manager provide the Council with a schedule of Randolph’s current debt position.

Manager Lovell responded that he will provide such a document. The Manager reported that one more issue relating to the DPW site is that the property was placed on the Green Acres Open Space Inventory. He believes this occurred years ago when the township was applying for a grant for the back of Brundage Park in the late 1960’s or so. The Manager is continuing with his research on this issue. If no documentation is found that the property should not be on the Green Acres inventory, a diversion will be necessary, which may be satisfied with part of the Heritage open space property. However, construction of the site could still take place before a resolving this issue since Public Works is not moving from the site.

Manager Lovell reiterated his desire to have guidance from the Council at the next meeting so that he can advise the Board of Education accordingly.

(2) Report on White-Tailed Deer Harvest Program

Manager Lovell’s comments included the following:

Numbers for last year’s deer hunt include 48 deer taken in the Brundage/Cohn Farm hunt, 111 deer were taken in the Clyde Potts hunt, and 22 deer were taken in James Andrews Park
The Deer Committee and John Van Brunt are looking at ways to improve the hunt
The hunt will start earlier this year on October 1 when leaves are still on the trees
The County has agreed to add Saturdays to their hunt in James Andrews Park in the hopes of bringing in more hunters on the weekends
The County will also expand their area to include the other side of West Hanover Avenue
Mr. Van Brunt is looking to supplement the hunt at Clyde Potts Reservoir to allow hunters there on days when it is not being used for the deer drive
Hidden Valley Park has been added to the hunt
The two fields adjacent to Town Hall and the area to the back of the Municipal Building have been added to the hunt
The Manager expects the number of deer taken to increase significantly with the implementation of these improvements
Randolph enjoys a good relationship with the County park system and with the Mendham Wildlife Committee, which now includes a number of Randolph hunters
Hunters who did not adequately participate last year will not be invited to hunt this year

Councilman Loveys noted that Randolph residents wishing to participate in the hunt have been prioritized a bit this year.

(3) Butterworth Interceptor Project—Morris Township

Manager Lovell’s comments included the following:

A major portion of the Butterworth Interceptor had been fully designed and permitted by the DEP
A regional director of the EPA denied a permit for underground pipe bursting because of asbestos
The denial of that permit made the project undoable for Kushner Corporation’s part of the project
Randolph staff met with Morris County and Kushner Corporation to talk about alternatives
It has been suggested that building a gravity line connecting to our existing pump station would work and result in a significant cost savings of about $500,000.00
With this solution, only five easements would have to be obtained
The Manager asked that several Council members volunteer to participate in future meetings on this issue

Deputy Mayor Napoliello and Councilman Algeier agreed to participate in the meetings.

(4) Reorganization of the Manager’s Office

Manager Lovell noted that the Assistant Township Manager has moved on to another town and he is not replacing that position. Responsibilities formerly handled by the Assistant Manager have been re-assigned to other staff members throughout the organization. The Manager has created the title of Administrative Aid, a part time employee who will be paid $25.00 per hour to work on the newsletter and annual report as well as work with the township web master and things of that nature. The Manager also plans to have her work on the email alert system when it is re-implemented in the future.

Councilman Metz opined that $25.00 per hour seems high for such a position.

Mayor Mitsch asked the Manager how many hours he expects this employee to work each week.

Manager Lovell responded he anticipates she will work five to ten hours per week.

Manager Lovell reported that Darren Carney will be the Acting Township Manager when the Manager is not in the building.

(5) Appoint Members to the Heritage Land Transfer Committee

Mayor Mitsch suggested the following:

Councilman Algeier and Deputy Mayor Napoliello volunteer as Council representatives
The Planning Board should appoint one of their members to serve on the committee
Steve O’Mara would be a logical choice to serve
Mr. Stoia, an attorney with environmental experience, has indicated he would be willing to serve

Manager Lovell stated that he will have Darren Carney contact Mr. O’Mara.

OPEN TO PUBLIC

Nancie Ludwig, 14 Lookout Road, asked the following questions:

Will the number of hunters be increased (no, the number remains at 50)
Did Randolph include Saturdays in the hunt or did the County (Randolph had Saturday hunts last year, the County has included Saturdays this year)
Who is embracing having the hunt start on October 1 (both Morris County and Randolph Township)
Does the whole DPW project have to be done or could just the bays be done to make it more efficient (it’s all one building and should be completed in its entirety)

Jim McConnell, 45 Carrell Road, asked if the Public Works garage was on public water and sewer.

Manager Lovell responded that the garage has public water and septic.

Mr. McConnell asked if the new construction would affect the septic.

Manager Lovell responded that construction would not affect the septic system.

Judith Stewart, 114 Everdale Road, asked why the hunt will take place on Saturdays but not Sundays.

Manager Lovell responded that it is New Jersey law that you can not hunt on public lands on Sundays.

Mrs. Stewart stated that hunting then should not be allowed on Saturdays. At one point the Board of Education was told they could not have school on Sundays as a way to make up for excessive snow days, however it was determined that the schools could hold classes on Sunday. Mrs. Stewart will check the statutes to see if hunting is indeed allowed on Sundays on public lands in New Jersey. Mrs. Stewart reiterated her desire to see the Council draft an ordinance that would ban smoking in public parks, especially when children are present. She noted that New York City is going in that direction and Randolph should follow that direction as well.

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

COUNCIL AND MANAGER COMMENTS

Councilman Obremski reported that on September 29 Morris County will host a Green Table at the Fire Academy. The Councilman will be attending the emergency management seminar referred to earlier by Mayor Mitsch. Councilman Obremski reported that the police will have an increased presence at the intersection of Millbrook Avenue and Sussex Turnpike to enhance traffic safety there. The Councilman asked the Manager to provide an update on the Seeing Eye project. Regarding the parking issue in the lot to the side of the Municipal Building, the Councilman asked if new signage will be installed to reflect the new parking ordinance in effect. Manager Lovell responded that sign modifications are being made.

Councilman Algeier asked about the status of the property in Mendham for the proposed animal pound. The Councilman reported that the Health Officer has reported to the Board of Health that animal control services to Mendham have been going very well.

Councilman Metz commented that almost a year ago, the Economic Development Committee suggested the purchase and installation of informational signs in key areas of the Township but has not heard back from the Planning Board on this issue.

Councilman Algeier reported that a sub-committee was formed to look into this issue and issued an unfavorable report. Members of the sub-committee were questioned extensively as to their findings, after which they were assigned to go through the process again. To date the Planning Board has not received an update.

Deputy Mayor Napoliello reported that he will carry the resolution regarding the rescue squad to the next Legislative Committee meeting in Trenton on September 29 and will speak directly with Bill Dressel

Councilman Algeier suggested the Deputy Mayor call Mr. Dressel and get the issue placed on the agenda for discussion at that meeting.

Mayor Mitsch recently attended a ribbon cutting ceremony at Aashirwad Palace for their new banquet facility.

Councilwoman Price asked if the Rotary Club has already priced out the signs they would like to place around the township.

Councilman Metz responded that they have obtained some estimates.

Manager Lovell reported that the Master Plan Committee has a vacancy since Mr. Alpert left the Council. Regarding the Seeing Eye project, the entire property was placed on Mendham’s Green Acre list and they must come up with a diversion, which is a piece of property that can be traded into the Green Acres inventory. Randolph is considering the Heritage site as a part of the solution, but must be assured first that any agreement entered into for shared services with Mendham must be long term if they are to invest a part of Randolph. The Manager is working with his counterpart in Mendham on this issue.

Mayor Mitsch volunteered to fill the vacancy on the Master Plan Sub-Committee.

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 Land Acquisition

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.

Councilman Algeier made a motion to move into Executive Session at 10:10 p.m. Councilman Obremski 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

Councilman Metz made a motion to return to Open Session at 10:20 p.m. Councilman Algeier 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 10:20 p.m.

_____________________________
Donna Marie Luciani
Township Clerk