502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: September 3, 2013

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Deputy Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 7, 2012, by e-mailing them the annual resolution adopted by the Council on November 29, 2012. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 13, 2012.

2. Roll Call

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

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

3. Deputy Mayor Loveys led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

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

C. PROCLAMATION

1. 2013 Drive Sober or Get Pulled Over—Statewide Labor Day Crackdown Grant

Deputy Mayor Loveys explained that the Police Department applied for & received a grant to support a statewide crackdown to combat impaired driving. He read the proclamation:

Whereas, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and

Whereas, 19% of motor vehicle fatalities in New Jersey in 2012 were alcohol-related; and

Whereas, an enforcement crackdown is planned to combat impaired driving; and

Whereas, the summer season and the Labor Day holiday in particular are traditionally times of social gatherings which include alcohol; and

Whereas, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over 2013 Statewide Crackdown; and

Whereas, the project will involve increased impaired driving enforcement from August 16 through September 2, 2013; and

Whereas, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;

Therefore, be is resolved that the Township of Randolph declares its support for the Drive Sober or Get Pulled Over 2013 Statewide Crackdown from August 16 through September 2, 2013 and pledges to increase awareness of the dangers of drinking and driving.

Date: September 3, 2013
James B. Loveys, Deputy Mayor

Deputy Mayor Loveys thanked Chief Stokoe, Officer Edelman, and the Police Department on behalf of the Council and Mayor.

Chief Stokoe thanked the Council for their support and for giving the Police Department the opportunity to participate in the grant.

D. MANAGER’S REPORT

Manager Lovell reported the following:

The road overlay program:

  • A number of road overlays were completed on schedule this summer.
  • Work is ongoing on Franklin Road, from South Salem St. to the Rockaway boundary.
  • A grant was received this year for Quaker Church Road, from Millbrook to South Morris Street. This project will be carried into the spring of next year. A skim coat will be applied on the worst sections of it to hold it through the winter.
  • A section of Quaker Church Rd, from Reservoir Ave to Center Grove Rd, a section of Doby Road between Dawson Brook crossing and Kingsbrook Road, and Overlook Road need to be overlayed. These three projects are tied to several ordinance amendments that are on the agenda for the night.
  • Morris County is going to be overlaying a major section of West Hanover Avenue from the Indoor Sports Pavilion to Shongum Road. This will start in mid September, there will be a few difficult days with detours. The information is already on the township website & he will have additional notices out to the public.

Tamarack Day Camp:

  • He and Ed Buzak have had a significant amount of contact over the summer about the camp.
  • Beverly King, the resident who lives next door to the camp, was concerned over the shifting of the pool layout. He and Darren Carney visited the camp and felt the proposed pool location was satisfactory. He has a modified plan and it shows a screen of evergreens along the property boundary with Beverly King’s and she is satisfied. Jonathan Gold had offered to meet with the Manager and Beverly onsite when it’s time to plant the trees and place them however she wants in order to make the boundary satisfying.

Butterworth Project:

  • Phase I construction is progressing. They’ve gotten some of the deepest cuts done, they’re working their way out from Lake to Sussex Turnpike where that project will end.
  • Phase II has been designed. An offer has been made to a property owner for an easement, but so far the Manager has not heard back. If there is no reply in the next several days, he will ask Ed Buzak to see if it can be moved along a bit. This delays the permitting process, an application can’t be submitted to DEP until the township has ownership of that site.

Library Project:

  • Township crews have been working at the Library, they excavated the section of the hotel that had been buried onsite. That area is ready to be paved. The crews are now removing an old walkway from the back of the site. A new service road is being built to get to the generator on the back of the property which will also be a construction road for the expansion of the library. The Water Department, Charlie Crossen, has been doing the digging and he has just been sensational to work with.

Seeing Eye:

  • It is expected that the state will be signing off in a few weeks.
  • Ninety acres that the township owns were placed on the township’s Open Space Inventory.
  • The existing shelters on the Seeing Eye property were purchased with Green Acres funds by Mendham.

Town Hall Electronic Sign:

  • Bids will be received at the end of the week and it is hoped that the awarding of a contract can be made at the September 17th meeting.
  • Township crews worked with the Board of Education crews to install fiber optics that ring around the entire perimeter of the campus and tie into the Municipal Building. It increases the capacity for communication for both the township and the Board of Education. A sewer line was installed several years ago on Millbrook that was a dry line. Since there was no intended use for that project at this time, it was decided to use that as a conduit and put wire through that. That project has been completed.

The September 17th agenda will have the water agreements. It has been difficult getting feedback from the town of Dover regarding the agreements.

E. APPROVAL OF MEETING MINUTES

1. Approval of Regular Meeting Minutes

April 4, 2013 and April 25, 2013

Councilman Guadagno made a motion to approve the minutes. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur

May 30, 2013 and June 6, 2013

Councilman Guadagno made a motion to approve the minutes. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Napoliello

ABSENT: Mayor MacArthur

F. PUBLIC HEARING—SOIL MOVEMENT PERMIT FOR BRIGHTVIEW

1. Conduct Hearing

Deputy Mayor Loveys provided an overview:

  • Shelter Development obtained a Planning Board preliminary and final site plan approval together with a sign variance and a couple of waivers. The Resolution was adopted by the Planning Board on August 19, 2013 and it contains several conditions that must be met, one of them is to seek approvals from whatever other governmental agency may have jurisdiction.
  • The issue tonight is a required approval for a soil removal permit. By way of Ordinance 15-47.4C of the revised ordinances in this township, the Council has jurisdiction over the matter since the applicant seeks to remove more than 2,001 cubic yards. Their application indicates that they’re seeking to remove approximately 9,000 cubic yards.
  • Township Clerk, Donna Luciani, has confirmed receipt of the applicant’s proof of notice of the property owners within 200 feet of Brightview property as well as proof of publication of this public hearing. Deputy Mayor Loveys read section 15-47.7b of the soil removal ordinance for the benefit of the Council as they consider the testimony:

“The Township Council, in considering and reviewing the application and arriving at the decision shall take into consideration the public health, safety, and general welfare and any recommendation made by the involved Planning Board. And particular consideration shall be given to the following factors:

  1. Soil erosion by water & wind
  2. Drainage
  3. Soil fertility
  4. Lateral support slopes and grades of abutting streets and lands
  5. Land values and uses
  6. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township”
  • He reminded the Council there are several different sections of the ordinance that deal with times of operation, truck routes, police presence and traffic control.
  • The packet the Council received contains four documents, a copy of the Planning Board Approval Resolution, a copy of a plan entitled “Site Preparation Plan” which shows the existing grading, a Memo of Recommendation from Planning Administrator Darren Carney, and the soil movement permit application.
  • The hearing should proceed as follows: the 2 members representing Shelter Development present their case without any comments or questions from the Council, then the hearing will be open to the public for input, and then the Council can make comments and ask questions of the experts. The public hearing will then be formally closed.
  • The Council has received a proposed approval resolution, which was prepared by township staff; however, it is subject to modification based on what is decided at this hearing.

Manager Lovell explained that a typical truck holds about 15 cubic yards. Therefore, it will require approximately 600 loads of material to remove 9,000 cubic yards of soil. He explained that the concept of soil movement ordinances is to have some controls in place. There is a $125,000 performance bond associated with this project, to deal with site restoration if that should occur. It is recommended that the County and State roads and highways be used whenever possible since they are built to a heavier standard than residential and municipal roadways. Operating hours are specified in the permit and the project must be completed in 200 days or they lose the permit.

Douglas Henshaw’s comments included the following:

  • He acknowledged receipt of the four documents that the Council was provided.
  • Earlier in the evening he was given the proposed resolution regarding the soil movement permit.
  • Wayne Corsey, a licensed engineer in the State of New Jersey who works for Omland Engineering was present and had brought 2 exhibits with him.
  • He reviewed Darren Carney’s report from August 23rd and the proposed resolution. He had no problems with any of the conditions contained within and it is their intention to comply with them.
  • He asked the Council to think about one issue while he did his presentation. Condition F in the proposed findings of the resolution reads, “the applicant shall ensure that vehicles used to remove soil should transport said soil beyond the limits of the township and that said soil should be disposed of beyond the limits of the township.” He stated that they had not yet identified where the soil will go. If they were fortunate enough to find a location in Randolph that wanted the fill, and it was tested and clean, he would come back to the Council. They would rather minimize the cost and the vehicle movements if they could find a nearby location.

Ed Buzak swore in Wayne Corsey.

Wayne Corsey stated that he works at Omland Engineering, 54 Horsehill Road, Cedar Knolls, NJ. He has been licensed in the State of New Jersey since 1998.

Mr. Henshaw asked if Mr. Corsey if he has worked on projects other than this one, and on this one he has worked on site design, grading, and soil movement permits.

Mr. Corsey stated he has.

Mr. Henshaw offered that Mr. Corsey is an expert in these issues. Mr. Henshaw explained that originally they had gotten an approval and an ordinance adopted. When they and the township saw the result of that in terms of what the height of the building would be, they worked together and came back with a redesign. That redesign drove the grading that is now being considered by the Council. He asked Mr. Corsey to explain details related to the site.

Mr. Corsey explained that the information he was going to review was in the submission package, that it was sheet 3 of the site plan set. There are existing single family houses in the central portion of the site, and then the full property is from 880 on one end to 840 on the other end. There is about a 40 foot drop from the western portion of the site to the eastern portion of the site. It is approximately 700 feet, so there is 40 feet over 700 feet.

Mr. Henshaw asked Mr. Corsey to describe the plan in terms of grading.

Mr. Corsey explained that they had done a redesign of the property. Originally it was a flat-plane building across the site and part of it was sticking way out of the ground above Eagle Court. Now they have stepped the building and blended it into the landscape. It has been cut down a little, and on the western portion of the site they stepped it down, the central portion steps down, and the eastern portion steps way down. The parking lot steps down closer to the retention basin. He explained that as the lower floors step down, the roof steps down as well to reduce the height of the building and the aesthetic of the building so it’s not such a mass.

Mr. Henshaw asked Mr. Corsey that in order to achieve that ultimate result, if they would need to remove soil from the site.

Mr. Corsey stated they would.

Mr. Henshaw asked how many cubic yards would need to be removed.

Mr. Corsey explained that the 9,000 in the soil movement ordinance is based on what is being taken off the site or exported into the site. He stated that in this case there is a net cut of 20,000. When they cut in one area, they are going to fill in another area with 11,000 which leaves a net of 9,000 which will have to be shipped out. The soil activity will be 31,000 yards.

Mr. Henshaw asked Mr. Corsey if when he went through both Darren’s report and the proposed resolution, the applicant could comply within the limitations in terms of truck movements, timing, etc.

Mr. Corsey replied they could comply. He showed an aerial map and indicated the site on Quaker Church Road. He indicated that Millbrook Ave. is to the east, and Center Grove Rd. is to the west. He explained that, because of the proximity to Millbrook Ave., it is most likely the trucks will go out to Millbrook Ave. and then to Route 10.

Mr. Henshaw noted that the movements can’t begin until 9 o’clock in the morning which helps with the school buses. He stated that is a typical concern, to not have the big heavy vehicles interacting with school buses, and that is not a problem for them.

OPEN TO THE PUBLIC

A resident, Constance, who owns 390 Route 10 North Building which is adjacent to the property stated that she is in favor of the project, but wanted to voice her opinion on one section. She thought Mr. Corsey knew her concern since she had already expressed it to Shelter Development. She is concerned that her property is on the low side, and with the detention basin going in right next to her property, she would like to see a French drain down below her grade to avoid problems. Her building has an exit onto Quaker Church Road which is low, and she doesn’t want water freezing there in the winter.

There were some questions raised about the timing of Constance’s request and if she had previously gone before the Planning Board. She had not gone before the Planning Board.

Mr. Henshaw said that he would be pleased to have Mr. Corsey look at the issue as he would like to avoid going back to the Planning Board and amending an approval to deal with an issue that was new to him. He stated that it would be in the nature of field change & that he didn’t think whatever would be done there would change the volume of soil that would be moved on or off site and therefore doesn’t change the application before the Council. Mr. Henshaw assured them that he wouldn’t let this issue stop the project.

Mr. Corsey explained to Constance and the Council that it is an excavated basin which is actually below her property; it is not like a raised berm and the water would spill over, it’s all going to go down. He also explained that in the event of a bad storm, there is an emergency spillway that directs everything to Quaker Church Road. In addition, the piping system goes to the street line and with the slope of Quaker Church Road it is very unlikely that anything is going to pond. Mr. Corsey stated that they can look into this issue further, but he was pretty confident that Constance shouldn’t have any adverse impact because it is an excavated basin below her property.

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

Councilwoman Veech asked for an idea of how many trucks would be leaving on a typical day.

Mr. Henshaw stated that he couldn’t answer that question, and didn’t think Mr. Corsey could either. However, when they read the ordinance they thought that 200 days means that once the clock turns on, it is 200 days from that day. In his view they have given themselves enough time, even if they start in November and get frozen out for 90 days. He stated that they had asked for 12 months, but the staff elected to cut that down and he and his staff were fine with it. Mr. Henshaw explained that there are a lot of logistics involved, it’s not just loading up the trucks and taking off. At first they will be moving fill down to the lower end of the property. There will not be a parade of trucks every day, there may be a couple of weeks where there is no truck movement.

Councilwoman Veech asked if dynamite will be used.

Mr. Corsey stated that based upon the soil testing done by a geotechnical engineer, there is no rock, it is all soil.

Councilman Hirniak asked Manager Lovell to explain why paragraph F, regarding the location for the soil to be transported to, was in the resolution.

Manager Lovell explained that there has always been a problem associated with development projects where some of the soil starts filling in wetland areas in Randolph Township. The prohibition is put in there specifically so that developers have to come back with a very specific site and get approval of that site from the township. He explained that while a developer is precluded from trucking to a location in Randolph, they are not precluded from coming back to the township and saying “we have this site, it’s been reviewed by your Township Engineer, he’s amenable to that site taking 1,000 cubic yards.” It allows the township to ensure the developers get the proper soil permits.

Mr. Henshaw stated that if they were fortunate enough to find somewhere locally, they would come back to the township for approval.

Deputy Mayor Loveys stated that his only concern would be that during construction there are soil conservation measures in place.

Manager Lovell explained that in the approval process there is soil conservation district that controls that area so it’s important to understand that they will require a plan to be in place. He explained that township staff meet with the developer and engineer for the site to discuss the staging of projects to ensure it’s done properly with minimal impact to other properties.

Mr. Henshaw added that there is a sequence of construction that’s agreed to in writing as part of that process to ensure it works right.

Mr. Corsey explained that the retention basin is a sediment basin during construction. It’s going to alleviate any soil runoff during the construction process. He stated they will begin digging the basin first and work their way up the hill.

Deputy Mayor Loveys closed the public hearing.

2. Act on Resolution

Councilman Guadagno made a motion to approve the resolution. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur

R-277-13

WHEREAS, Shelter Development, LLC, (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit, involving the movement of soil on Block 111, Lots 19, 20 and 21, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as 161-177 Quaker Church Road in Randolph Township; and

WHEREAS, said application reflects that approximately nine thousand (9,000) cubic yards of soil will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph Granting Preliminary and Final Major Site Plan Approval, “C” Variance Approval, Certain Design Waivers, Tree Removal/Tree Protection Permit, and Recommendation for Soil Removal Permit; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on August 19,2013, the Planning Board of the Township of Randolph approved said application for both Preliminary and Final Major Site Plan, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on September 3, 2013, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on September 3, 2013, provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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

1. The Township Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.

2. The Township Council hereby approves and grants soil movement permit application of Shelter Development, LLC, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:

a) The removal of soil on the Property shall be limited to a 200 day time period.

b) Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., or dark, whichever comes first, Monday through Friday, excluding public holidays. Phases of construction may begin at 7:00 a.m. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off the site until 9:00 a.m.

c) Top soil shall be retained on the site and no top soil is to be removed from the site.

d) The Applicant shall insure that the vehicles used to transport soil shall use Quaker Church Road to either the Millbrook Avenue or Center Grove Road intersections and exit the Township directly from those intersections utilizing only County or State roadways. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.

e) The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.

f) The Applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.

g) The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.

h) A bond in the amount of $125,000.00 (one hundred twenty five thousand dollars), a minimum of 10 percent cash, shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the Permit approved hereunder, to cover the repairs of any damage done during the soil movement operation unless the drainage, stormwater improvements and site stabilization is otherwise bonded under a separate developer’s agreement for the project.

i) The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of August 19, 2013, as well as all ordinances including, but not limited to, Section 15-47, et seq.

j) The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on August 19, 2013.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.

4. This Resolution shall take effect immediately.

G. COMBINED ACTION RESOLUTIONS

The following items were discussed:

Item 5 & 6: Councilman Guadagno asked for an explanation.

Manager Lovell explained that there is a disciplinary matter that is pending in the Police Department in the case of Art Thibault. Apruzzese, McDermott, Mastro & Murphy is the law firm for the township, and they will be prosecuting the case (Item 5). Regarding Item 6, Piro, Zinna, Cifelli, Paris & Genitempo, Mr. Paris will act as the hearing officer. These are resolutions and professional services agreements with both of these individuals for the function of this hearing that is scheduled for late September.

Councilman Guadagno asked why one law firm couldn’t do both.

Manager Lovell explained that one is the prosecutor and one is a hearing officer. The hearing officer acts like a judge, the ordinance was specifically set up that way. In some towns it’s the Town Manager that acts as the hearing officer.

Item 10: Deputy Mayor Loveys stated that he supports the lease agreement with the YMCA, but questioned the language.

Ed Buzak explained that the issue was the indemnification of Randolph by the YMCA with respect to the use of the generator switch. The township is installing the generator switch at its own cost as part of the consideration, with the ability to utilize that facility during an emergency situation. The YMCA will be allowed to utilize that connection with their own facilities if for some reason they lose power. Attorney Buzak explained that this section was intended to have them indemnify the township from any negligence or damages caused by their use of that connection switch when they’re using it, but the township is not using their facility.

Item 14: Councilman Guadagno asked for an explanation.

Manager Lovell explained that Item 14 deals with the planning effort that’s currently moving forward under Highlands, it will pay for all the studies that are required, the various components of the Highlands performance process in place. He explained that there are several people who bill against this account, including the engineer and the planner.

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

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

NAYS: None

ABSENT: Mayor MacArthur

1. Refund Overpayment of 2013 Taxes for 4 Old Brookside Road to Russell & Andrea Crespolini—$1,354.07

R-240-13

WHEREAS, Russell/Andrea Crespolini has overpaid 2013 taxes in the amount of $1,354.07 on Block 93, Lot 12, 4 Old Brookside Road; and

WHEREAS, it is recommended by the Tax Collector that this overpayment 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 overpayment of $1,354.07 to Russell/Andrea Crespolini.

2. Refund Overpayment of 2013 Taxes for 10 Pierson Hill Road to Toll NJ VI, LP—$12,912.65

R-241-13

WHEREAS, Toll NJ VI, LP has overpaid 2013 taxes in the amount of $12,912.65 on Block 146, Lot 72, 10 Piersons Hill Road, due to a reduction in assessed value; and

WHEREAS, it is recommended by the Tax Collector that this overpayment 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 overpayment of $12,912.65 to Toll NJ VI, LP.

3. Refund Overpayment of Taxes for Block 227, Lot 72 to Knights Bridge Drive to Greenview Mendham, Inc.—$901.73

R-242-13

WHEREAS, Greenview Mendham, Inc. overpaid 2013 taxes in the amount of $901.73, on Block 227, Lot 72, known as Off Knights Bridge Drive due to a reduction in assessed value; 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 $901.73 to Greenview Mendham, Inc.

4. Refund Outside Tax Sale for 161 Park Ave. to Stuart Lasher—$309.90

R-243-13

WHEREAS, Outside Tax Sale Certificate #1957 held by Stuart Lasher, assessed to Darlene Albanses, Block 30, Lot 2, 161 Park Avenue; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $209.90, and premium in the amount of $100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $309.90 to Stuart Lasher holder of Tax Sale Certificate #1957.

5. Authorizing Professional Services Agreement to Apruzzese, McDermott, Mastro & Murphy (Arthur Thibault) for Police Disciplinary Hearing—Not to Exceed $3,500.00

R-244-13

WHEREAS, the Township of Randolph (“Township”) requires Police Disciplinary Hearing services; and

WHEREAS, the Township has agreed to retain Apruzzese McDermott Mastro & Murphy (Arthur R. Thibault, Jr., Esq.) located at 25 Independence Blvd #112, Liberty Corner, NJ 07938 to provide the necessary Police Disciplinary Hearing services for a total amount not to exceed $3,500 ($145 per hour); and

WHEREAS, the anticipated term of this contract is until the hearing and any related matters are fully completed; and

WHEREAS, the contract with Apruzzese McDermott Mastro & Murphy is for a total amount not to exceed $3,500 ($145 per hour) and was not solicited through receipt of sealed bids or competitive contracting; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Apruzzese McDermott Mastro & Murphy has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Apruzzese McDermott Mastro & Murphy has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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

  1. The Township hereby hires, employs and retains Apruzzese McDermott Mastro & Murphy (Arthur R. Thibault, Jr., Esq.) having an office at 25 Independence Blvd #112, Liberty Corner, NJ 07938 to provide Police Disciplinary Hearing services until the hearing and any related matters are fully completed.
  2. Apruzzese McDermott Mastro & Murphy shall be compensated for a total contract amount not to exceed $3,500 ($145 per hour).
  3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
  4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
  5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
  6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
  7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 3, 2013

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 2013 Budget, Legal, Other Expense, to award a contract to Apruzzese, McDermott, Mastro & Murphy for Police Disciplinary Hearing Services in the amount not to exceed $3,500.

___________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-303

6. Authorizing Professional Services Agreement to Piro, Zinna, Cifelli, Paris & Genitempo for Hearing Officer—Police Disciplinary Hearing—Not to Exceed $2,100.00

R-245-13

WHEREAS, the Township of Randolph (“Township”) requires Hearing Officer—Police Disciplinary Hearing services; and

WHEREAS, the Township has agreed to retain Piro Zinna Cifelli Paris & Genitempo (David M. Paris, Esq.) located at 360 Passaic Ave, Nutley, NJ 07110 to provide the necessary Hearing Officer—Police Disciplinary Hearing services for a total amount not to exceed $2,100 ($175 per hour); and

WHEREAS, the anticipated term of this contract is until the hearing and any related matters are fully completed; and

WHEREAS, the contract with Piro Zinna Cifelli Paris & Genitempo is for a total amount not to exceed $2,100 ($175 per hour) and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Piro Zinna Cifelli Paris & Genitempo has submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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

  1. The Township hereby hires, employs and retains Piro Zinna Cifelli Paris & Genitempo (David M. Paris, Esq.) having an office at 360 Passaic Ave, Nutley, NJ 07110 to provide Hearing Officer—Police Disciplinary Hearing services until the hearing and any related matters are fully completed.
  2. Piro Zinna Cifelli Paris & Genitempo shall be compensated for a total contract amount not to exceed $2,100 ($175 per hour).
  3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
  4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
  5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
  6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
  7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 3, 2013

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 2013 Budget, Legal, Other Expense, to award a contract to Piro, Zinna, Cifelli, Paris and Genitempo for Police Disciplinary Hearing Services in the amount not to exceed $2,100.

___________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-303

7. Release Road Opening Cash Bond—4 Blue Fern Lane to Lieberman—$500.00

R-246-13

WHEREAS, the Engineering Department has received a request from Sheila Lieberman, for the release of a $500.00 cash road opening bond posted for the purpose of drainage installation and repaving of existing driveway at 4 Blue Fern Lane, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 8, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the drainage installation and repaving of existing driveway at 4 Blue Fern Lane 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 Sheila Lieberman, 4 Blue Fern Lane, Randolph, NJ 07869.

8. Release Road Opening Cash Bond—3 Pamela Dr. to R. Kleinwaks—$500.00

R-247-13

WHEREAS, the Engineering Department has received a request from Randy Kleinwaks, for the release of a $500.00 cash road opening bond posted for the purpose of repaving an existing driveway at 3 Pamela Dr., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on August 1, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the existing driveway at 3 Pamela Dr. within the Township Right of way, and;

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

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Randy Kleinwaks, 3 Pamela Dr., Randolph, NJ 07869.

9. Release Road Opening Cash Bond—137 Combs Hollow Road to J. Sweeney—$500.00

R-248-13

WHEREAS, the Engineering Department has received a request from John Sweeney, for the release of a $500.00 cash road opening bond posted for the purpose of placing Belgium block curbing at 137 Combs Hollow Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 8, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the placement of Belgium Block curbing at 137 Combs Hollow Rd. 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 John Sweeney, 137 Combs Hollow Rd., Randolph, NJ 07869.

10. Authorizing Mayor to Sign Lease Agreement with Randolph YMCA to Use Their Facility as a Temporary Emergency Sheltering Facility

R-249-13

WHEREAS, there is a need to enter into a Lease Agreement between Randolph Township and the Randolph YMCA for the purpose of utilizing the YMCA facilities located at 14 Dover Chester Road, Randolph, NJ as a temporary emergency sheltering facility for Randolph residents; and

WHEREAS, both parties agree to abide by the terms set forth in the Lease Agreement dated August 8, 2013, attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Lease Agreement.

11. 2013 Budget Amendment: Drive Sober or Get Pulled Over, 2013 Statewide Crackdown Grant—$4,400.00

R-250-13

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 2013 Budget.

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 2013 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—Division of Division of Highway Traffic Safety—Drive Sober or Get Pulled Over 2013 Statewide Crackdown Grant

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 Offset by Revenues: State of New Jersey—Division of Division of Highway Traffic Safety—Drive Sober or Get Pulled Over 2013 Statewide Crackdown Grant

12. 2013 Budget Amendment: Municipal Alliance on Alcoholism and Drug Abuse—$2,000.00

R-251-13

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 2013 Budget.

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 2013 in the sum of $2,000.00 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: County of Morris—Municipal Alliance on Alcoholism and Drug Abuse

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $2,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: County of Morris—Municipal Alliance on Alcoholism and Drug Abuse

13. 2013 Budget Amendment: Federal Bulletproof Vest Program—$2,000.00

R-252-13

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 2013 Budget.

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 2013 in the sum of $2,000.00 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: U.S. Department of Justice—Bureau of Justice Assistance—Federal Bulletproof Vest Program

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $2,000.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: U.S. Department of Justice—Bureau of Justice Assistance—Federal Bulletproof Vest Program

14. 2013 Budget Amendment: Highlands Water Protection and Planning Council Grant—$167,500.00

R-253-13

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 2013 Budget.

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 2013 in the sum of $167,500.00 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—Highlands Water Protection and Planning Council Grant

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $167,500.00 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Highlands Water Protection and Planning Council Grant

15. 2013 Budget Amendment: 2013 Clean Communities Grant—$52,074.17

R-254-13

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 2013 Budget.

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 2013 in the sum of $52,074.17 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—Clean Communities Program

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $52,074.17 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Clean Communities Program

16. Cancelling Various Grant Receivables and Reserves

R-255-13

WHEREAS, receivable and reserve balances exist in the Townships Grant Fund for the following state and federal grants:

GRANTRECEIVABLE BALANCERESERVE BALANCE
2011 Municipal Alliance Grant$3,603.38.$3,603.38
2011 NJHOA—Pandemic Exercise Grant$557.16 
2012 Municipal Alliance Grant$3,044.50.$3,044.50
2007 Smart Growth Planning Grant$10,000. 
Municipal Alcohol Education/Rehabilitation Grant$.78 

WHEREAS, it is recommended by the Finance Director that the above grant receivable and reserve balances be cancelled.

NOW, THEREFORE BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director be directed to cancel the above mentioned receivable and reserve balances.

17. Refund Outside Tax Sale for Block 27, Lot 52 to Jonathan Katz—$43,933.57

R-256-13

WHEREAS, Outside Tax Sale Certificate #1924 held by Jonathan Katz, assessed to David/Donna Gidich, Block 27, Lot 52, 19 Sunset Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $43,933.57.

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 $43,933.57 to Jonathan Katz holder of Tax Sale Certificate #1924.

18. Refund Escrow Funds for Block 18, Lot 10.01 to Canfield Business Park—$2,000.00

R-257-13

WHEREAS, the Planning and Zoning Department received escrow funds From Canfield Business Park, 333 Route 46 West, 2nd Floor, Mountain Lakes, NJ 07046, Block 18, Lot 10.01, and in the amount of $2,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $2,000.00 be refunded to From Canfield Business Park, 333 Route 46 West, 2nd Floor, Mountain Lakes, NJ 07046.

_____________________________
Darren Carney, Planning & Zoning Administrator
Date:

19. Refund Road Opening Cash Bond for 6 Arrow Place to M. Pappacena—$500.00

R-258-13

WHEREAS, the Engineering Department has received a request from Michael Pappacena for the release of a $500.00 cash road opening bond posted for the purpose of a sewer connection at 6 Arrow Place, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 2, 2013, and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the sewer connection at 6 Arrow Place 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 Michael Pappacena, 6 Arrow Place, Randolph, NJ 07869.

WHEREAS, the Engineering Department has received a request from Michael Pappacena for the release of a $500.00 cash road opening bond posted for the purpose of a sewer connection at 6 Arrow Place, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 2, 2013, and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the sewer connection at 6 Arrow Place 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 Michael Pappacena, 6 Arrow Place, Randolph, NJ 07869.

20. Authorize the Randolph Township Police Records Department to Increase Change Fund from $20.00 to $50.00

R-259-13

WHEREAS, the Randolph Township Police Records Department currently has Change Fund in the amount of $20.00; and

WHEREAS, the Randolph Township Police Records Department has requested that the Change Fund be increased to $50.00; and

WHEREAS, it is recommended by the Director of Finance that the Randolph Township Police Records Department change fund be increased to $50.00.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director be instructed to increase the Randolph Township Records Department Change fund to $50.00.

21. Refund 2013 Tax Overpayment for 26 Arnold Drive to Alfaro—$5,069.09

R-260-13

WHEREAS, Jorge/Alissia Alfaro has overpaid 2013 taxes in the amount of $5,069.09 on Block 201, Lot 28.27, 26 Arnold Drive; and

WHEREAS, it is recommended by the Tax Collector that this overpayment 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 overpayment of $5,069.09 to Jorge/Alissia Alfaro.

WHEREAS, Jorge/Alissia Alfaro has overpaid 2013 taxes in the amount of $5,069.09 on Block 201, Lot 28.27, 26 Arnold Drive; and

WHEREAS, it is recommended by the Tax Collector that this overpayment 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 overpayment of $5,069.09 to Jorge/Alissia Alfaro.

22. Refund Tax Overpayment for 12 Heather Lane to J & K Goryeb—$1,541.07

R-261-13

WHEREAS, James/Kim Goryeb has been granted a reduction in assessed valuation for the tax year 2012 by the Tax Court of New Jersey on Block 201, Lot 37.06, known as 12 Heather Lane; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $1,541.07.

WHEREAS, it is recommended by the Tax Collector that this overpayment 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 overpayment of $1,541.07 to James/Kim Goryeb.

WHEREAS, James/Kim Goryeb has been granted a reduction in assessed valuation for the tax year 2012 by the Tax Court of New Jersey on Block 201, Lot 37.06, known as 12 Heather Lane; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $1,541.07.

WHEREAS, it is recommended by the Tax Collector that this overpayment 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 overpayment of $1,541.07 to James/Kim Goryeb.

23. Authorizing MCCPC Purchase from Beyer Ford for 2—2014 SUV Police Vehicles

R-262-13

WHEREAS, the Township of Randolph wishes to purchase two (2) 2014 Ford Police Interceptor 6 cylinder, all wheel drive SUVs for the Police Department; and

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

WHEREAS, the total cost for the purchase of these items is $50,640 ($25,320 each); and

WHEREAS, funds are available for this purchase; and

WHEREAS, the Township of Randolph desires to award a contract for the purchase of two (2) 2014 Ford Police Interceptor 6 cylinder, all wheel drive SUVs to Beyer Ford of Morristown, NJ under MCCPC Contract #15-A, Item 3 for $50,640.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase two (2) 2014 Ford Police Interceptor 6 cylinder, all wheel drive SUVs for the Police Department from Beyer Ford under MCCPC Contract #15-A, Item 3 for $50,640.

24. Award Contract—Franklin Road—Crosswalk/Sidewalk Construction (ADA Improvements Required by NJ DOT) to ML Inc. in the Amount of $39,850

R-263-13

WHEREAS, the Township of Randolph advertised for Franklin Road Repaving Project—Contract B and received bids on August 21, 2013; and

WHEREAS, 1 bid was received; and

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

ML Inc., Passaic, NJ—Base Bid: $39,850.00; and

WHEREAS, the Engineer and Purchasing Agent recommend the award of the contract to ML Inc. as the lowest responsive, responsible bidder; and

WHEREAS, there are funds available for this project; and

WHEREAS, the Township of Randolph desires to award a contract for the Franklin Road Repaving Project—Contract B to ML Inc. of Passaic, NJ.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to ML Inc. of Passaic, NJ for the Franklin Road Repaving Project—Contract B project for the price of $39,850.00 per their bid proposal.

WHEREAS, the Township of Randolph advertised for Franklin Road Repaving Project—Contract B and received bids on August 21, 2013; and

WHEREAS, 1 bid was received; and

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

ML Inc., Passaic, NJ—Base Bid: $39,850.00; and

WHEREAS, the Engineer and Purchasing Agent recommend the award of the contract to ML Inc. as the lowest responsive, responsible bidder; and

WHEREAS, there are funds available for this project; and

WHEREAS, the Township of Randolph desires to award a contract for the Franklin Road Repaving Project—Contract B to ML Inc. of Passaic, NJ.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to ML Inc. of Passaic, NJ for the Franklin Road Repaving Project—Contract B project for the price of $39,850.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 3, 2013

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 Ordinance #11-13, Various Capital Improvements—Franklin Road Milling and Resurfacing, to award a contract to ML Inc. for the Franklin Road Repaving Project—Contract B in the amount not to exceed $39,850.

___________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-953-303

25. Authorize Acquisition of Mobile Generator through State Contract to HD Supply Facilities Maint LLC in the Amount of $65,744.28

R-264-13

WHEREAS, the Township of Randolph wishes to purchase a trailer-mounted 225KW generator for use throughout the Township when needed; and

WHEREAS, HD Supply Facilities Maint LLC dba USA Bluebook has a NJ State contract (Contract #T-2871 82216) for a trailer-mounted 225KW Baldor Generator Catalog #TS225T; and

WHEREAS, the total cost for the purchase of this item is $65,744.28; and

WHEREAS, funds are available for this purchase; and

WHEREAS, the Township of Randolph desires to authorize the purchase of a trailer-mounted 225KW Baldor Generator Catalog #TS225T from HD Supply Facilities Maint LLC dba USA Bluebook of Waukegan, IL under NJ State contract (Contract #T-2871 82216) for $65,744.28.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase a trailer-mounted 225KW Baldor Generator Catalog #TS225T for the Township from HD Supply Facilities Maint LLC dba USA Bluebook under NJ State contract (Contract #T-2871 82216) for $65,744.28.

WHEREAS, the Township of Randolph wishes to purchase a trailer-mounted 225KW generator for use throughout the Township when needed; and

WHEREAS, HD Supply Facilities Maint LLC dba USA Bluebook has a NJ State contract (Contract #T-2871 82216) for a trailer-mounted 225KW Baldor Generator Catalog #TS225T; and

WHEREAS, the total cost for the purchase of this item is $65,744.28; and

WHEREAS, funds are available for this purchase; and

WHEREAS, the Township of Randolph desires to authorize the purchase of a trailer-mounted 225KW Baldor Generator Catalog #TS225T from HD Supply Facilities Maint LLC dba USA Bluebook of Waukegan, IL under NJ State contract (Contract #T-2871 82216) for $65,744.28.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase a trailer-mounted 225KW Baldor Generator Catalog #TS225T for the Township from HD Supply Facilities Maint LLC dba USA Bluebook under NJ State contract (Contract #T-2871 82216) for $65,744.28.

26. Authorizing Acquisition of Toro Groundsmaster 4000 Mower and Canopy through State Contract to Storr Tractor—$55,866.40

R-265-13

WHEREAS, the Township of Randolph wishes to purchase a Toro Grounds-master 4000 mower and a Toro universal canopy for the Recreation Department; and

WHEREAS, Storr Tractor has a contract on the Middlesex Regional Educational Services Commission (MRESC) (Contract #12/13-24) for these items; and

WHEREAS, the total cost for the purchase of these items is $55,866.40 ($55,303.20 Mower, $563.20 Canopy); and

WHEREAS, funds are available for this purchase; and

WHEREAS, the Township of Randolph desires to authorize the purchase of a Toro Groundsmaster 4000 mower and a Toro universal canopy from Storr Tractor of Branchburg, NJ under MRESC Contract #12/13-24 for $55,866.40.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase a Toro Groundsmaster 4000 mower and a Toro universal canopy for the Recreation Department from Storr Tractor under MRESC Contract #12/13-24 for $55,866.40.

27. Authorizing the Township Manager to Endorse the TWA Permit for Mark’s Corner, Block 119, Lots 130 and 130.1

R-266-13

WHEREAS, endorsing an application for Treatment Works Approval for the construction of a sanitary sewer line to be constructed in conjunction with the Mark’s Corner Project, 1 West Hanover Avenue, Block 119, Lots 130 & 130.1 on the official tax map of the Township of Randolph.

WHEREAS, the Township of Randolph has received a request to endorse a Treatment Works application for the construction of a privately owned sanitary sewer main to be connected to the Randolph Township sanitary sewer system located within an easement on Lot 102.03, Block 119; and

WHEREAS, the applicant must apply to the New Jersey Department of Environmental Protection for the Treatment Works Approval for the discharge of sewer effluent into the Randolph Township owned sanitary sewer by way of a gravity sewer main; and

WHEREAS, Marks Corner has submitted an application to the Township of Randolph for endorsement; and

WHEARAS, in order for the New Jersey Department of Environmental Protection (NJDEP) to consider the application, the same must be endorsed by the Township, among others; and

WHEREAS, The Township desires to authorize the execution of the endorsement of the said application.

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

  1. The Township hereby endorses a request for the Treatment WORKS Approval for Mark’s Corner project located on Block 119, Lots 130 &130.1 on the official tax map of the Township of Randolph.
  2. The Township Manager is hereby authorized and directed to execute the appropriate endorsement s for the Treatment Works Approval, together with other appropriate officers and employees of the Township of Randolph, and herby authorized to take all actions necessary to effectuate the purpose.
  3. This resolution shall take effect immediately.

28. Awarding Contract to ML Construction for the Franklin Road Milling and Resurfacing—Contract B—STATE FORM SA-22—in the Amount of $39,850.00

R-267-13

BE IT RESOLVED that the Township Council of the Township of Randolph hereby recommends to the New Jersey Department of Transportation that the contract for Franklin Road Milling and Resurfacing in the Township of Randolph, County of Morris, be awarded to ML, Inc. ($39,850 Contract B), Tilcon NY Inc. ( MCCPC $163,137.00), Denville Line Painting (MCCPC $7323.20), General Foundries Inc. and Campbell Foundry Company (MCCPC $ 5,029.00) whose total bids amounted to $215,340.20 subject to the approval of the Department. That the presiding officer of this body be and is hereby directed to sign for and on its behalf the contract in the prescribed form for said construction.

That the clerk of this body be and is hereby directed to seal said contract with the corporate seal of this body and to attest to the same.

Approved by the Randolph Township Council, on September 3, 2013.

*Morris County Cooperative Pricing Council—MCCPC

29. Authorize Submission of Grant Applications (NJDOT) FY 2014 State Aid Programs; Project I—R-268-13 Millbrook Ave. (Lawrence to Route 10), Project II—R-269-13 Meadowbrook Road, Project III—R-270-13 Franklin Road to South Salem Street Bikeway, Project IV—Heritage Bikeway/Calais to Heistein Park

R-268-13

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

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as No. 00254 to the New Jersey Department of Transportation on behalf of Township of Randolph.

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

R-269-13

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

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as No. 00255 to the New Jersey Department of Transportation on behalf of Township of Randolph.

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

R-270-13

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

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as No. 00030 to the New Jersey Department of Transportation on behalf of Township of Randolph.

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

30. Refund Road Opening Cash Bond for 17 Bedminster Road to Guarente Brothers—$500.00

R-271-13

WHEREAS, the Engineering Department has received a request from Guarente Brothers Landscaping, for the release of a $500.00 cash road opening bond posted for the purpose of installing stone mail box stand at 17 Bedminster Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 31, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the installation of stone mail box stand at 17 Bedminster Rd. 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 Guarente Brothers Landscaping, PO Box 1631, Livingston, NJ 07039.

31. Professional Services Agreement—Environmental Technology, Inc. to Obtain NJDEP Permits for EA Porter Property Remediation—Not to Exceed $3,500

R-272-13

WHEREAS, the Township of Randolph (“Township”) requires delineation of wetlands boundaries and NJDEP permit applications services for a period not to exceed one year (2013 (9/3/13-9/2/14)); and

WHEREAS, the Township has agreed to retain Environmental Technology Inc. located at 32 Grove Street, Chester, NJ 07930 to provide the necessary delineation of wetlands boundaries and NJDEP permit applications services for a total amount not to exceed $3,500 per their attached proposal; and

WHEREAS, the anticipated term of this contract is for a period not to exceed one year (2013 (9/3/13-9/2/14)); and

WHEREAS, the contract with Environmental Technology Inc. is for a total amount not to exceed $3,500 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Environmental Technology Inc. has submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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

  1. The Township hereby hires, employs and retains Environmental Technology Inc. having an office at 32 Grove Street, Chester, NJ 07930 to provide delineation of wetlands boundaries and NJDEP permit applications services for a period not to exceed one year (2013 (9/3/13-9/2/14)).
  2. Environmental Technology Inc. shall be compensated for a total contract amount not to exceed $3,500.
  3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
  4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
  5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
  6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
  7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 3, 2013

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 Randolph Township General Account—Contracts Payable—Habitat for Humanity, to award a contract to Environmental Technology Inc. for Delineation of Wetlands Boundaries and NJDEP Permit Application Services in the amount not to exceed $3,500.

___________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-206-55-001-001

32. Authorizing Purchases Under MCCPC #18 Tree Removal/Trimming/Stump Grinding Services from Various Vendors—Not to Exceed $53,000

R-273-13

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council (MCCPC) Contract #18 Tree Removal/Tree Trimming/Stump Grinding Services through various vendors for all departments in the Township; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $53,000 for 2013; 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 make purchases under Morris County Cooperative Pricing Council (MCCPC) Contract #18 Tree Removal/Tree Trimming/Stump Grinding Services from various vendors for all departments in the Township as needed.

33. Release of Police Detail Escrow to SA & Sons Construction—$71.00

R-274-13

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

WHEREAS, the Detail work has been completed.

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

SA & Sons Construction $71.00

34. Authorizing Award of MCCPC Contract #3 (Rock Salt and Liquid Calcium Chloride)

R-275-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #3, Rock Salt & Liquid Calcium Chloride; and

WHEREAS, bids had been advertised and received on August 7, 2013, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the Township on behalf of the MCCPC desires to award the contract as follows to the lowest responsive and responsible bidders:

Category I (Bulk Rock Salt—Delivered):
Atlantic Salt
Essex County ($52.33 per ton)
Morris County ($52.33 per ton)

International Salt
Hunterdon County ($56.77 per ton)
Passaic County ($57.68 per ton)
Somerset County ($52.73 per ton)
Sussex County ($57.60 per ton)
Union County ($52.19 per ton)
Warren County (57.97 per ton)

Category II (Bags of Rock Salt—Delivered):
International Salt
All Counties ($6.25 per bag)

Category III (Bulk Rock Salt—Picked Up):
International Salt
All Counties ($52.00 ton)

Category IV (Calcium Chloride Liquid—Delivered):
Item 1: Peckham Materials
All Counties ($0.941 per gallon)

Item 2: Peckham Materials
All Counties ($0.941 per gallon)

Category V (Envirobrine Liquid Melting Agent):
Item 1: Reed Systems
All Counties ($0.93 per gallon)

Item 2: Reed Systems
All Counties ($0.98 per gallon)

Category VI (Natural De-Icing Liquid):
Innovative Solutions
All Counties ($1.29 per gallon)

Category VII (Sodium Chloride with Magnesium):
International Salt
Essex County ($71.88 per ton)
Hunterdon County ($75.77 per ton)
Morris County ($71.61 per ton)
Passaic County ($76.68 per ton)
Somerset County ($71.73 per ton)
Sussex County ($76.60 per ton)
Union County ($71.19 per ton)
Warren County ($76.97 per ton)

and

WHEREAS, the apparent low bid submitted by Setcon Industries for Category IV was rejected as being non-responsive as Setcon Industries did not bid on all items within the category as was required in the Bid Specifications.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #3 (Rock Salt & Liquid Calcium Chloride) as stated above.

35. Authorizing Award of MCCPC Contract #4 (Snow Grits) to Eastern Concrete

R-276-13

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #4, Snow Grits; and

WHEREAS, bids had been advertised and received on August 7, 2013, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the Township on behalf of the MCCPC desires to award the contract as follows to the lowest responsive, responsible bidders:

Category A (Picked Up By Members):
Eastern Concrete—$10.74 per ton

Category B (Delivered to Member Locations):
Eastern Concrete—$16.74 per ton

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #4 (Snow Grits) as stated above.

Raffle Licenses

36. Raffle License, On-Premise 50/50, Randolph High School Band Parents Association, 511 Millbrook Ave., Randolph, NJ on October 5, 2013 from 6 pm to 10 pm

37. Raffle License, Casino Night, Randoph Engine Co #5 (Shongum), 118 West Hanover Avenue, Randolph, NJ on October 5, 2013 from 7:30 pm to 10:30 pm

38. Special Social Affairs Permit, Randolph Engine Co. #5 (Shongum), 118 West Hanover Avenue, Randolph, NJ on October 5, 2013 from 7:00 pm to 11:59 pm

39. Raffle License, Off-Premise 50/50, Ladies Auxiliary of Randolph Chemical Engine Co. #3, 670 Millbrook Avenue, Randolph, NJ on December 15, 2013 at 2:00 pm

40. Raffle License, Tricky Tray, HSA Sacred Heart School of Rockaway, at the Skylands of Randolph, 792 Route 10 West, Randolph, NJ, October 25, 2013 from 5 pm to 11 pm

41. Raffle License 50/50, HSA Sacred Heart School of Rockaway, at the Skylands of Randolph, 792 Route 10 West on October 25, 2013 from 5 pm—11 pm

42. Raffle License, Off-Premise Merchandise by St. Andrew’s Greek Orthodox Church Community Center, Sussex Turpike, Randolph, NJ on October 12, 2013 at 2 pm

H. UPCOMING EVENTS

  1. 9/11 Remembrance Service and Candlelight Vigil at the Morris County September 11 Memorial, West Hanover Avenue, Parsippany—Sunday, September 8, 2013 at 7 pm.
  2. 9/11—Patriot’s Day Remembrance at the Randolph VFW Post, Carrell Road, Wednesday, September 11th at 11 am. (Roman, Jim, Joanne, Al, Mike, & maybe Tom)
  3. Morris County League of Municipalities—Lake Hopatcong Yacht Club—September 18th at 5:30 pm.
  4. “Hammer for Habitat,” 9 am Saturday, September 28, 2013, at the ReStore
  5. Clean Communities Day, Saturday, September 28, at Municipal Building, 8:30 am to 12 noon.
  6. Cell Tower Info. Center 7 pm, Tuesday, October 15, 2013, at the Municipal Building.

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #19-13: Consent to Utilize Easement Area—Shongum Mountain Fire Company

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE GRANTING CONSENT TO UTILIZE EASEMENT AREA TO THE SHONGUM MOUNTAIN FIRE COMPANY” be read by title on second reading and a hearing held thereon.

Manager Lovell explained that the Shongum Mountain Fire Company is putting in a generator for their building & they need to locate it on an easement that is utilized for underlying drainage volume. If there’s a problem in the future, and the drainage line has to be dug up, they have to move the generator and then put it back afterward.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE GRANTING CONSENT TO UTILIZE EASEMENT AREA TO THE SHONGUM MOUNTAIN FIRE COMPANY” be passed on final reading and tht a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech made a motion to adopt the ordinance. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur

J. ORDINANCES: INTRODUCTIONS

1. Ordinance #20-13: An Ordinance Amending the Fee Schedule (Special Duty Police Officers)

Manager Lovell explained that the special duty officers are seen at football games, basketball games, etc. The Board of Education reimburses the township for the use of those police officers. They are also on job sites where they’re providing traffic control in the private sector, in that case a builder will often contract the dollars for that service. The Manager explained the three categories of this service that have existed:

  • The Board of Education in Randolph Township Projects, a police officer will make $45 and the township will charge no administrative fee.
  • Private Non-Profits in Randolph Township, the police officer will make $45 and there will be an administrative fee of $7.
  • For other groups and entities such as contractors that would hire them for traffic duty, the police officer would be paid $60 an hour with an administrative fee of $17 per hour.

Manager Lovell explained that the administrative fee goes to a member of the Police Department to administer the program. It is also the township’s responsibility to provide the vehicle, insurance, etc. that is associated with the operation of the department. The ordinance is being amended based upon a recommendation received from the new Chief. In recent years there have been problems placing police officers at some of these functions forcing the Board of Education to have Sheriff’s officers cover their events. The township would like Randolph officers to take over these responsibilities. The FOP was quite delighted to have this ordinance move forward, it is to their benefit.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY,” be 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 3rd of October, 2013 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Guadagno made a motion to introduce the Ordinance. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur

2. Ordinance #21-13:An Ordinance Amending Capital Ordinance #7-12 Adding Overlook Road for Overlays

Manager Lovell explained that this is a 2012 road overlay ordinance, and since there was money left in that ordinance, it is being amended to overlay Overlook Road.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY AMENDING THE IMPROVEMENTS REFERRED TO IN SECTION 1(1) OF ORDINANCE NO. 7-12 FINALLY ADOPTED APRIL 3, 2012,” 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 3rd of October, 2013 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Guadagno asked if the whole road was being overlayed and Manager Lovell confirmed that it is.

Councilman Napoliello made a motion to introduce the Ordinance. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

3. Ordinance #22-13: An Ordinance Amending Capital Ordinance #11-13 Adding Sections of Quaker Church Road and Doby Road for Overlays

Manager Lovell explained that this is the 2013 ordinance that set aside dollars for road overlays; this ordinance would add two sections of roads. The area between Reservoir Ave. and Center Grove Road on Quaker Church Road and a section of Doby Road, from Dawson Brook towards Kingsbrook Rd, will be replaced. The Manager also explained that there will be some dollars in this ordinance that will be placed to put a skim seal on a section of Center Grove Rd. to hold it through the winter.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH, NEW JERSEY AMENDING THE 2013 ROAD PROGRAM OF ORDINANCE NO. 11-13 FINALLY ADOPTED JUNE 6, 2013,” 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 3rd of October, 2013 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Guadagno made a motion to introduce the Ordinance. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur

K. DISCUSSION ITEMS

1. CCM Trustee Appointments

Deputy Mayor Loveys reported that the Board of Chosen Freeholders will be appointing 2 new trustees at the County College of Morris. Mayor MacArthur received an email asking if the Council felt there were any interested members in the community. Deputy Mayor Loveys reported that he had contacted Former Councilman Michael Obremski and he was interested. Michael Obremski will be submitting 8 copies of his resume to the County as well as any other paperwork.

There was discussion about the Council sending a letter in support of Michael Obremski. It was decided that the Council liaisons to CCM, Councilwoman Carey and Mayor MacArthur, would write a short letter to the President of CCM endorsing Michael Obremski as a former Council member.

2. MAC Request to Sponsor Program Speaker

Councilman Napoliello reported that the MAC would like to have Matt Bellace present a program on October 22nd to the high school students and also to parents on preventing drug use. Matt will present 2 assemblies so that every student hears the presentation, during lunch time he will be meeting with smaller groups of students, and then he will provide an evening presentation to the parents. Councilman Napoliello reported that Matt will supply 25 copies of his book for free, and more will be available for sale. Matt Bellace has a degree from Bucknell University, he’s a psychologist, a motivational speaker, and a comedian. Councilman Napoliello stated that Matt is supposed to be very good and he felt this would be a good program. The cost for the presentations is $3,200, but there is already a pledge from Morris County Prevention is Key for $1,000.

There was discussion about other sources of funding such as the Board of Education, Randolph Education Foundation, and the PTO’s and whether or not these organizations have been approached by MAC members.

Manager Lovell stated that it is important to recognize that some of the dollars come from the grants MAC receives. He explained that the MAC program that failed several years ago was held in the evening, there was little interest in the program, and it is typically a struggle to get parents to attend evening programs. He felt the frustration from the Council last time was due to the expensive speaker and the lack of attendance. The Manager explained that it is important to note that this program is centered around students and will be held during the day at the school.

It was decided that Councilman Napoliello would report back to the MAC and ask that they approach the school organizations for funding toward this program.

L. OPEN TO THE PUBLIC

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

M. COUNCIL COMMENTS

Councilwoman Veech reported that she has spoken to Manager Lovell, Mayor MacArthur, Deputy Mayor Loveys, and Norma Jacobs about the community garden. Norma and many others in town are very interested in getting involved in the planning of the garden. Councilwoman Veech also researched community gardens in a few other towns. She proposed that Councilwoman Carey ask the Parks & Recreation Committee at their next meeting if the garden is something they would be interested in and if they would be interested in putting someone on a small committee that Councilwoman Veech would initially chair. Councilwoman Veech asked if there was support from the Council for the concept of a community garden to move forward.

After some discussion, the Council members came to a consensus to explore the Community Garden concept.

Councilman Guadagno asked if there had been many accidents in the past week since County College opened for the fall semester. Manager Lovell replied that he hadn’t heard any reports of car accidents.

Councilman Napoliello asked Manager Lovell to provide an update on the Grecco project.

Manager Lovell reported that the Grecco project is not dead. Everyone else had signed leases based upon the anchor being in place, and Grecco has lost the anchor. They are marketing the complex, and looking for the right company to come in and become the new anchor.

Councilwoman Carey asked Deputy Mayor Loveys if he had gone back to the Wildlife Committee with the Council’s previous discussion on the ordinance about feeding the deer.

Deputy Mayor Loveys replied that he had not gotten to speak about that ordinance since the last meeting was on August 28th, prior to the permit access meeting they were having. He said that he would follow up at the next meeting which is in late October. Deputy Mayor Loveys reported that the August 28th Wildlife Committee meeting was spent finalizing everything before the meeting with the hunters. He reminded the Council that bow season begins September 15th and that the parklands, with the exception of Brundage, will start to be hunted. Brundage will open a few weeks later. There have been close to 75 permits issued, and zone captains have been assigned to different areas. The zone captains have gotten together and figured out how many hunters were needed in each of the areas. The committee is working out the final details.

Manager Lovell added that they are trying to manage the program so hunters aren’t tripping on each other, and that there’s some responsibility with being a hunter in Randolph Township.

Councilman Guadagno suggested that the Wall Committee and the Street Committee should meet sometime in October to get ready for next year.

Manager Lovell reported that he received a call from Tony Bucco in his capacity as an attorney working for the township on developer agreements and representing the Planning Board in certain matters. His firm represented the Board of Adjustment when they were going through a wireless application for Scientel. Scientel was denied in their application. Manager Lovell explained that Mr. Bucco’s firm, which would have charged the escrow, had about $1,600-$1,700 worth of billable hours against that project. Scientel Wireless refuses to replenish the account. The Manager stated that when that occurs, the question arises, is it expected that the consultant is out of pocket for those funds or does the township make up that loss to them? Manager Lovell expressed that what bothered him about Scientel was that when they were denied by the Board of Adjustment, they took an attitude that they weren’t spending more money on the project. He explained that they were going to locate on the American Tower site. The Manager explained that when an applicant appears before the Board, they post an escrow to cover all consulting fees. In this case they initially posted the total of $6,500, but they were short. Scientel was sent a bill, they did not honor that bill, they were billed again, and they refused to pay the bill. This is the first time something like this has happened, so it is something to consider.

N. 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 remaining portion of this meeting.

2. The general nature of the subject matter to be discussed is as follows:

MacKay v Randolph

3. As nearly as can now be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the Executive Session, Council may reconvene in public session for the purpose of taking formal action.

Councilman Guadagno made a motion to enter into Executive Session at 8:50 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello (not present for vote)
Councilwoman Veech
Deputy Mayor Loveys

NAYS: None

ABSENT: Mayor MacArthur

Councilman Guadagno made a motion to return to Open Session at 8:55 p.m. Councilman Napoliello seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur

O. REOPEN MEETING TO THE PUBLIC

Councilman Guadagno made a motion to adopt the resolution regarding the MacKay settlement. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur

P. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 8:58 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Mayor MacArthur