All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: February 25, 2016
A. OPENING OF REGULAR MEETING
1. Call to Order
A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Hirniak. 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 4, 2015 by e-mailing them the annual resolution adopted by the Council on December 3, 2015. 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 10, 2015.
2. Roll Call
PRESENT:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
Also present: Township Manager Mountain, and Keli Gallo from the Law Office of Edward Buzak.
3. Pledge of Allegiance
Mayor Hirniak led the Pledge of Allegiance.
B. OPEN TO THE PUBLIC
Judith Stewart, of 114 Everdale Road gave a brief history of the way the Council meetings have progressed from when she first moved to Randolph. She expressed her pleasure with the current Council members, and stated that the current Manager was a good choice for the township. Mrs. Stewart also commended the Clerk’s Office, and explained the change to the polling locations in recent years.
Seeing no one further from the public, the public portion was closed.
C. MANAGER’S REPORT
The Manager reported the following:
- EA Porter—he met with representatives from the Morris Habitat for Humanity and the township professionals. They reviewed the project timeline; it is ready to begin next week, with the contractor starting demolition of the building. All permit applications are compete; they will be submitted to the DEP as a package. The demolition can proceed without the permits as it doesn’t relate to the permits. The DEP review should take approximately 3-6 months. The demolition work should be completed in 4-6 weeks. Ecol Sciences, the environmental consultant, will be working concurrently with the Township Engineer’s office on the soil sampling after the demolition is complete. The timing for remainder of the project, including the award of contract for the required site work, is dependent on the DEP approval of permits. Presuming the approval occurs in the project 3-6 month timeframe, the site work contract should be awarded by mid to late summer, with the site improvements underway by September. The project remains on target for a completion in late 2017, but this is heavily dependent on the permitting process remaining on time. The scheduling of a photograph at the site involving the Council and representatives of Habitat was also discussed; he will send out a memo to determine the Council’s availability.
- Budget Review Process—the budget books are in the Council mailboxes. The 2016 budget review will begin on Saturday, February 27th. The start was originally advertised as 9:00 am, but it has been corrected to 8:30 am; it will end at approximately noon.
- Board of Education Liaison Meeting—he, Mayor Hirniak, and Deputy Mayor Carey had the first quarter meeting with the Board of Ed. The Mayor and Deputy Mayor will report during Council Comments.
- Facilities Master Plan Workgroup—they have completed their review of the municipal facilities. The draft of the Memorandum summarizing the recommendations of the workgroup is being reviewed by the members; he expects the Council to receive it by tomorrow afternoon.
Councilman Loveys asked for confirmation that the foundations at the EA Porter site are being put in as part of the site work. Manager Mountain confirmed that was the case.
D. COMBINED ACTION RESOLUTIONS
Item #1, Refund Overpayment: Councilwoman Veech asked what Randolph CSC, LLC was. Manager Mountain replied that it is the Raymour and Flanagan warehouse; it was discussed as part of the tax appeals.
Councilman Guadagno made a motion to accept the Combined Action Resolutions. Councilman Loveys seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None
1. Refund Overpayment of Taxes for Tax Years 2013, 2014 and 2015 on Block 5, Lot 8—1578 Sussex Tpke., to Randolph CSC, LLC—$85,320.00
R-64-16
WHEREAS, Randolph CSC, LLC has been granted a reduction in assessed valuation for the tax years 2013, 2014,2015, by the Tax Court of New Jersey on Block 5, Lot 8 C0001 known as 1578 Sussex Tpke.; and
WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $27,912.00, 2014 in the amount of $28,480.00, 2015 in the amount of $28,928.00.
WHEREAS, it is recommended by the Tax Collector that these overpayments 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 $85,320.00 to Randolph CSC, LLC.
2. Refund Outside Tax Sale Certificate for Block 107, Lot 2, 74 Knickerbocker Ave. to US Bank Cust for PC5 Sterling National—$2,237.45
R-65-16
WHEREAS, Outside Tax Sale Certificate #2042 held by US Bank Cust for PC5 Sterling National assessed to Federal National Mortgage Assn, Block 107, Lot 2, 74 Knickerbocker Ave.; and
WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,237.45 and premium in the amount of $1,000.00.
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 $2,237.45 to US Bank Cust for PC5 Sterling National, holder of Tax Sale Certificate #2042.
3. Refund Partial Escrow Funds for Block 77, Lot 23, 49 Windsor Avenue to Eileen Birmingham—$652.00
R-66-16
WHEREAS, the Planning and Zoning Department received escrow funds from Eileen Birmingham, 49 Windsor Avenue, Randolph, NJ 07869, Block 77, Lot 23, and in the amount of $1,000.00; and
WHEREAS, the project has been completed and closed out and there are no outstanding payments due.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $652.00 be refunded to Eileen Birmingham, 49 Windsor Avenue, Randolph, NJ 07869.
Darren Carney, Planning & Zoning Administrator
Date:
4. Release Partial Escrow Funds for Block 81, Lot 55, 161 Dover Chester Rd., to Richard Stark—$652.00
R-67-16
WHEREAS, the Planning and Zoning Department received escrow funds from Richard Stark, 161 Dover Chester Road, Block 81, Lot 55, and in the amount of $1,000.00; and
WHEREAS, the project has been completed and closed out and there are no outstanding payments due.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $652.00 be refunded to Richard Stark, 161 Dover Chester Road, Randolph, NJ 07869.
Darren Carney, Planning & Zoning Administrator
Date:
5. Release Partial Escrow Funds for Block 21, Lot 4, 22 Stonehill Rd. to Matthew Finamore—$739.00
R-68-16
WHEREAS, the Planning and Zoning Department received escrow funds from Matthew Finamore, 22 Stonehill Road, Randolph, NJ 07869, Block 21, Lot 4, and in the amount of $1,000.00; and
WHEREAS, the project has been completed and closed out and there are no outstanding payments due.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $739.00 be refunded to Matthew Finamore, 22 Stonehill Road, Randolph, NJ 07869.
Darren Carney, Planning & Zoning Administrator
Date:
6. Authorizing the Release of Monies Representing a Performance Bond (Certified Check) Submitted by Innovative Municipal Products (US), INC/DBA Innovative Surface Solutions for MCCPC Contract #3—$63,500.00
R-69-16
WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Category V of Contract #3 (Rock Salt & Liquid Calcium Chloride) to Innovative Municipal Products (US), Inc., dba Innovative Surface Solutions, on September 4, 2014, for the contract period October 15, 2014 - October 14, 2015; and
WHEREAS, Innovative Municipal Products (US), Inc. provided a certified check in the amount of $63,500.00 to cover their 100% performance bond as required in the Bid Specifications; and
WHEREAS, the one (1) year contract expired on October 14, 2015, therefore the Township on behalf of the MCCPC will release monies representing the performance bond in the amount of $63,500.00 plus accrued interest.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the monies representing the performance bond submitted by Innovative Municipal Products (US), Inc. for the award of Category V of MCCPC Contract #3 (Rock Salt & Liquid Calcium Chloride) be released in accordance with the above calculations.
7. Authorizing Default of a Portion of MCCPC Contract #49 to Grinnell in Sparta for Disposal/Recycling of Municipal Road Clean-Up Materials
R-70-16
WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #49 (Disposal/Recycling of Municipal Road Clean-Up Materials); and
WHEREAS, bids had been advertised and received on October 9, 2014, in accordance with Local Public Contracts Law; and
WHEREAS, the Township Council awarded Contract #49 (Disposal/Recycling of Municipal Road Clean-Up Materials) on November 6, 2014, for a two-year term (January 1, 2015 - December 31, 2016); and
WHEREAS, Grinnell in Sparta, New Jersey, was awarded Category B (Disposal/Recycling of Asphalt & Concrete) and Category C (Disposal of Soil Dirt or Fill Dirt); and
WHEREAS, the MCCPC was notified in writing by Grinnell on February 22, 2016, asking to be released from the contract award as they are no longer going to be involved in this type of business; and
WHEREAS, it is recommended that the Township Council find Grinnell in default of Contract #49 (Disposal/Recycling of Municipal Road Clean-Up Materials) and rescind the award of Category B and Category C.
NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby finds Grinnell in default of Contract #49 (Disposal/Recycling of Municipal Road Clean-Up Materials).
BE IT FURTHER RESOLVED that the Council authorizes the rescission of Category B and Category C of Contract #49 (Disposal/Recycling of Municipal Road Clean-Up Materials) from Grinnell for the reason stated above.
8. Authorizing an Increase in the Award of the Professional Services Agreement to Ferriero Engineering for Design Services Work for the Millbrook Avenue Resurfacing Project—Increase of $1,497.14—New Total $9,997.14
R-71-16
WHEREAS, the Township of Randolph (“Township”) required design services work for the Millbrook Avenue resurfacing project; and
WHEREAS, a professional services agreement was awarded on May 7, 2015 via R 109-15 to Ferriero Engineering located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary design services work for the Millbrook Avenue resurfacing project for a total amount not to exceed $8,500 per their proposal including potential attendance at public meetings, preparation of exhibits and any additional survey work deemed necessary; and
WHEREAS, additional services in the amount of $1,497.14 were required for the remainder of this project, making the contract total $9,997.14; and
WHEREAS, the anticipated term of this contract is until this project is fully completed; and
WHEREAS, the original contract with Ferriero Engineering was for a total amount not to exceed $8,500 and was not solicited through receipt of sealed bids or competitive contracting; and
WHEREAS, Ferriero Engineering had submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification in accordance with the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) since contracts already awarded in 2015 to Ferriero Engineering exceeded $17,500; and
WHEREAS, Ferriero Engineering had also submitted to the Township a New Jersey Business Registration Certificate, as required; and
WHEREAS, there are funds available for the additional 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:
- The Township hereby increases the awarded amount of the professional services agreement to Ferriero Engineering by $1,497.14 from $8,500 to $9,997.14 for design services work for the Millbrook Avenue resurfacing project.
- Ferriero Engineering shall be compensated for a total contract amount not to exceed $9,997.14.
- The contract with said firm was for professional services and is exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
- 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.
- 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.
- 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.
- This Resolution shall take effect immediately.
CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: February 25, 2016
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Capital Budget, Ordinance number 18-14, Millbrook Avenue project, to award a contract to Ferriero Engineering for engineering services relating to Millbrook Avenue, per his proposal submitted to the Township.
Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-962-300 (not to exceed $1,497.14)
9. Authorizing the Increase of an Award of a Professional Services Agreement to Ferriero Engineering for Township Engineer Services for the 2015 Calendar Year—Increase of $3,316.59—New Total $87,316.59
R-72-16
WHEREAS, the Township of Randolph (“Township”) required Township Engineer services for the 2015 calendar year; and
WHEREAS, a professional services agreement was awarded on January 15, 2015 via R 33-15 to Ferriero Engineering located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary Township Engineer services for a total amount not to exceed $84,000; and
WHEREAS, additional Township Engineer services in the amount of $3,316.59 were required for the remainder of the 2015 year making the contract total $87,316.59; and
WHEREAS, the term of this contract was for the 2015 calendar year; and
WHEREAS, the original contract with Ferriero Engineering was for a total amount not to exceed $84,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) applied; and
WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Ferriero Engineering had submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and
WHEREAS, Ferriero Engineering had also submitted to the Township a New Jersey Business Registration Certificate, as required; and
WHEREAS, there are funds available for the additional 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:
- The Township hereby increases the awarded amount of the professional services agreement to Ferriero Engineering by $3,316.59 from $84,000 to $87,316.59 for Township Engineer services for the remainder of the 2015 calendar year.
- Ferriero Engineering shall be compensated for a total contract amount not to exceed $87,316.59.
- The contract with said firm was for professional services and is exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
- 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.
- 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.
- 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.
- This Resolution shall take effect immediately.
CERTIFICATION OF AVAILABILITY OF FUNDS
Dated: February 25, 2016
As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2015 Budget (2016 Appropriation Reserve), Water and Sewer O&E, to award a contract to Ferriero Engineering for engineering services, per his proposal submitted to the Township.
Darren Maloney
Chief Financial Officer
Budget Accounts: 05-203-20-100-070 (not to exceed $3,316.59)
10. Raffle License, On-Premise 50/50, The Smile of Hopatcong, on April 10, 2016 at the Meadow Wood Manor, 461 Rte. 10 East, Randolph, from 3:00 p.m. to 7:00 p.m.
11. Raffle License, Off-Premise Merchandise, St. Matthew the Apostle Parish, 335 Dover Chester Road, April 24th at 1:15 p.m.
E. UPCOMING EVENTS
- Morris Habitat for Humanity Hearts and Hammers Event—Saturday, February 27th from 6 p.m. - 11 p.m. at Meadow Wood Manor—$250 per person—RSVP was due by 2/5
- Randolph Business After Hours—Hosted by Randolph Area Chamber of Commerce and the Randolph Economic Development Committee at Forte’s Pizzeria and Ristorante, Rte. 10 West in Randolph on March 2, 2016 from 5:00 p.m. to 7:00 p.m.
- Community Wellness Fest—Randolph Middle School—March 5th from 12:00 p.m. to 3:00 p.m.
- Council Only—Congressman Frelinghuysen’s Annual Mayor’s Breakfast—March 11th at Empire Diner, Route 46 East, Parsippany, from 7:30 a.m. to 9:00 a.m.
- Brightview at Randolph—Grand Opening “Reveal” Masquerade Ball—March 16th at 175 Quaker Church Road, Randolph, from 5:00 p.m. to 7:00 p.m.
- Relay for Life—Mayor’s Photo Opportunity—April 13, 2016 at the Denville Municipal Building—6:00 p.m.
Councilman Guadagno asked if the Annual Mayor’s Breakfast sponsored by Congressman Frelinghuysen is open to the Council or just to the Mayor and Deputy Mayor. Mayor Hirniak replied that if anyone was interested in attending, to let him know, and he would try to get them in.
Mayor Hirniak explained that he received an information sheet; he will be completing it and submitting it on Monday, Feb. 29th. The two requests for information are Federal issues of concern in the municipality and specific requests for information or services. The Mayor asked if any Council members have information to be included on this information sheet, to contact him this week. Councilman Forstenhausler asked if Congressman Frelinghuysen could look into some type of Federal action to assist volunteer emergency responders with Federal tax assistance.
There was a short discussion about the Grand Opening “Reveal” Masquerade Ball at Brightview.
F. ORDINANCES: SECOND READING/PUBLIC HEARING
1. Ordinance #01-16: Calendar Year 2016 Ordinance to Exceed Municipal Budget Appropriation Limits and to Establish a Cap Bank
BE IT RESOLVED, that an Ordinance entitled “CALENDAR YEAR 2016 ORDINANCE TO EXCEED MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.15a et seq.)” be read by title on second reading and a hearing held thereon.
Manager Mountain explained that this is the annual Ordinance that allows for flexibility in the budget, should it be needed.
OPEN TO THE PUBLIC
Seeing no one from the public, the public portion was closed.
BE IT RESOLVED, that an Ordinance entitled, “CALENDAR YEAR 2016 ORDINANCE TO EXCEED MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.15a et seq.)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Guadagno made a motion to accept the Ordinance. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None
2. Ordinance #02-16: An Ordinance of the Township of Randolph Appropriating $75,000.00 from the Capital Improvement Fund for the West Hanover Avenue Water Main Project
BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $75,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE WEST HANOVER AVENUE WATER MAIN PROJECT” be read by title on second reading and a hearing held thereon.
Manager Mountain explained that this Ordinance reappropriates funds from the Capital Improvement Fund towards a project covering the realignment of West Hanover Avenue.
OPEN TO THE PUBLIC
Seeing no one from the public, the public portion was closed.
BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $75,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE WEST HANOVER AVENUE WATER MAIN PROJECT” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Guadagno clarified that it is the Capital Improvement Fund of the Water Department.
Councilman Napoliello made a motion to accept the Ordinance. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None
3. Ordinance #03-16: Ordinance of the Township of Randolph Appropriating $182,791.14 from the Capital Improvement Fund for the Knights Bridge Pump Station Upgrade
BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $182,791.14 FROM THE CAPITAL IMPROVEMENT FUND FOR THE KNIGHTS BRIDGE PUMP STATION UPGRADE” be read by title on second reading and a hearing held thereon.
Manager Mountain explained that this is also a reappropriation Ordinance; it reallocates funds from the utility improvement fund for the upgrade to the Knights Bridge Pump Station project.
OPEN TO THE PUBLIC
Seeing no one from the public, the public portion was closed.
BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $182,791.14 FROM THE CAPITAL IMPROVEMENT FUND FOR THE KNIGHTS BRIDGE PUMP STATION UPGRADE” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Guadagno clarified that this is from the sewer capital improvement fund.
Councilman Guadagno made a motion to accept the Ordinance. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None
G. ORDINANCES: INTRODUCTION
1. Ordinance #05-16 An Ordinance of the Township of Randolph Accepting the Dedication of Block 81, Lot 29.31 Located within the Township of Randolph for Municipal Public Purposes (32 Wilkeshire Blvd.)
Manager Mountain distributed an identification map. The property was approved for acceptance by the township in 2010. The Land Conservancy confirmed that everything had been done except the Ordinance conveying the land. The Manager explained that the Morris Land Conservancy acquired three lots from Carco Development as part of the Clyde Potts Acquisition several years ago. They conveyed two of the three lots in the past. The property has been reviewed; it’s the former site of a temporary retention basin. It is now being conveyed to the township.
BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ACCEPTING THE DEDICATION OF BLOCK 81, LOT 29.31 LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FOR MUNICIPAL PUBLIC PURPOSES” be introduced, read by title by the Township Clerk and passed on first reading.
BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 10th of March, 2016 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.
There was a short discussion on the property.
Councilman Guadagno made a motion to introduce the Ordinance. Councilman Loveys seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None
H. DISCUSSION ITEMS
1. Review of Revised Environmental-Landmarks Committee Ordinance
Mayor Hirniak commented on the issue brought up by Councilman Loveys at the last meeting regarding the seemingly double-negative wording of a portion of the proposed Ordinance. He noted that since the last meeting he met with Councilman Loveys to discuss it, and they forwarded their comments to Keli Gallo, who has done a good job reworking the Ordinance. The Mayor thanked Councilman Loveys, Keli Gallo, and Manager Mountain for their work and support.
Manager Mountain explained that Keli Gallo took the comments from the last meeting and incorporated them into the revised Ordinance. He asked Attorney Gallo to explain the changes.
Keli Gallo explained that the Ordinance was revised in order to provide more clarity to the language. It is now a two-step process; the first action is the committee making a recommendation to the Council, and the Council acting on the recommendation, and the second action is the approval/disapproval or modification of the landmark designation itself.
Councilman Guadagno asked if the structure of this new committee will be the new standard for committees, with 7 members and 2 alternates. Mayor Hirniak replied that the Council had spoken about creating a standard for Student Liaisons to committees. He felt that Councilman Guadagno’s point was valid; whether the Council wants to determine a standard for the number of regular members and alternate members. Manager Mountain replied that the structure for the Landmarks Committee that Keli Gallo created was designed to replicate the existing structure of the committees that were merged, rather than creating a model for the future. He felt that there are some boards and committees that can be made uniform; however, there are others, because of statutory requirements, that would be more difficult. Mayor Hirniak felt that a discussion on this topic could take place after the budget process has been completed.
Manager Mountain explained that the proposed Ordinance will be reviewed by the Environmental Commission. If there are no further revisions, the Ordinance will be ready for introduction on May 5th. Councilman Forstenhausler will provide the proposed Ordinance to the members of the Environmental Commission prior to their meeting on April 26th. There was some discussion on including wording for an effective date for the Ordinance.
2. Council Memo 2-2016 Dawson Brook Development Request to Lower Age Restriction
Manager Mountain explained that the Council memo addresses a letter received from William Wrede, the developer of the Dawson Brook housing development, as well as accompanying memorandums from Keli Gallo and Darren Carney. The developer’s letter requests the Council’s consideration of a change in the minimum age limitation established for the development; it is currently restricted to 55 and older, and prohibition of children under the age of 19. The developer is seeking to have the limit lowered to age 45, with the stated purpose of helping to stimulate sales of units in the development. Attached to the Council memo are memos providing input from Keli Gallo and Darren Carney. The Manager explained that, by providing the change the developer is requesting, the development will be placed in a position which violates the Federal Housing discrimination laws. The recommendation of Keli Gallo, Darren Carney, and Manager Mountain is to reject this request; if the Council agrees with the recommendation, the Manager will convey the information back to Mr. Wrede.
Keli Gallo explained that, under the Federal Fair Housing Act, the only way to prohibit children is to have at least 80% of the development occupied by at least one person age 55 or older. The Township Ordinance for this development states that all units must be occupied by one person age 55 or older. Attorney Gallo further explained that not only would the development risk violating the discrimination laws, but if the Ordinance was changed, it would also be in violation of the discrimination laws.
There was some Council discussion on the development and on the request. The Council agreed with the recommendations; Manager Mountain will inform Mr. Wrede that his request has been denied.
I. OPEN TO THE PUBLIC
Judith Stewart, of 114 Everdale Road, asked if there would be any Executive Session at the budget meeting on February 27th. Manager Mountain said there would not be. Mrs. Stewart explained that, in the past, she complained that the agendas were placed on the bulletin board too high for people to read. She stated that the bulletin board has been much improved and the agenda can now be read; she thanked the Clerk.
Seeing no one from the public, the public portion was closed.
J. COUNCIL COMMENTS
Councilman Guadagno asked if Manager Mountain had gotten back to Dr. Blick regarding the medication disposal bins. The Manager stated that the doctor doesn’t have email, so they are working to get him the information so he can post it in his office.
Councilman Guadagno reported that there is still a pothole at Dover Chester Road and Route 10. Manager Mountain replied that it had been reported to the state, but he asked the DPW and the Police to report it again.
Councilman Guadagno also reported that the changes to the Master Plan are massive; the changes are not to the plan itself, but they are redesigning the Ordinances to fit in with the properties. Councilman Guadagno felt that this is a major look at the Master Plan in order to get the plan to match what is currently in the township. Manager Mountain explained that the Master Plan Re-examination Committee is going through developing a Master Plan Re-examination Report which will be presented to the Council and to the Planning Board; it will include recommendations for potential Ordinance changes that will clarify some of the Land Use Ordinances. The process should be completed, with a report distributed by mid-year.
Councilman Napoliello reported that there will be blood pressure screenings the following Wednesday at India Brook apartments. He also reported that he missed the first two Recreation Committee meetings due to the Council meetings being on the same dates.
Councilman Loveys reported that the Municipal Alliance Committee met; they are still trying to schedule a program by Matt Bellace to speak with students at the middle school. On March 1st, Dr. Maryalice Thomas and Kris Wilsusen will be presenting a program on prescription medication management, “How Do You Mind Your Meds,” at the Senior Club meeting in the Community Center. Councilman Loveys stated that he expressed Chief Stokoe’s reservations with a medication collection box with the MAC; however, they would like to pursue the possibility of having a box for designated days and/or hours. Manager Mountain stated that he spoke to Barbara Anderson regarding the April 30th collection date; when he gets a flyer, he will provide one to her. The Manager explained that it is currently done twice per year, and that he spoke with Chief Stokoe about possibly expanding it to four times per year. Councilman Loveys also reported that the MAC will have a table at the Community Wellness Fest on March 5th.
Councilman Forstenhausler reported that he and Mayor Hirniak attended the Relay for Life kickoff meeting in Denville on February 17th. He again signed on as the Captain of the Randolph Township Council Team; he would appreciate if people would go on the American Cancer Society website and sign up as a supporter of the team, either to be a team member or to donate. The Relay for Life event is 4 p.m. June 4th to 6 a.m. on June 5th at CCM. The goal is to have a Council team from each of the seven participating towns; last year only 5 of the 7 teams participated. Councilman Forstenhausler will email the Relay for Life link to the other Council members.
Councilwoman Veech congratulated Councilman Napoliello for being named the President of the Morris County League of Municipalities. Councilwoman Veech reported that Congressman Tom MacArthur sends his regards to the Council.
Councilwoman Veech also reported that she and Deputy Mayor Carey were asked to be part of a panel on women in government, women in corporate America, etc. for the Girl Scouts at Ironia school. The event was postponed due to weather, but Councilwoman Veech and Deputy Mayor Carey will participate on the panel when it’s rescheduled.
Councilwoman Veech reported that she and Deputy Mayor Carey attended the Randolph Chamber of Commerce monthly meeting; the speaker was very good.
Deputy Mayor Carey agreed that the Chamber of Commerce meeting was good. She reported that the Council had attended the 75th Anniversary of the Police Department ceremony; she felt Chief Stokoe did a good job.
Deputy Mayor Carey also reported that she attended the Library Board of Trustees meeting. It was a short meeting, but it was noted that people are returning to the library; patron count is up, but circulation is not up.
Deputy Mayor Carey reported that the Rescue Squad dinner was very good.
Mayor Hirniak reported the following:
- February 12th he attended the Board of Education Liaison meeting. The school budget is being introduced on March 15th; they are planning to adopt it on May 3rd. There was also a discussion about Career Day, it will now be held for sophomores and juniors. Manager Mountain added that the Board of Education will attend the April 21st Council meeting to present their budget.
- February 13th he attended the Randolph Rescue Squad Installation Dinner Dance. He spoke at the event, and he swore in the Squad’s 2016 officers.
- February 17th he attended the Morris County League of Municipalities, which was chaired by Councilman Napoliello. Later that night, he attended the Relay for Life kickoff event in Denville.
- February 18th he attended the Parks Master Plan Review Steering Committee. They will soon need a public meeting to report the results of the process. They are currently crunching numbers to get a sense of the cost for the projects that they are considering. The information will first be shared with the public, and then brought to the Council. Manager Mountain added that the work group will have one last look at the draft of the full report at the end of March, with a goal of having the document circulated to the Council and available to the public shortly after. A public meeting could be scheduled in late April or May. There was some discussion on the 2016 Capital plan; the Manager will discuss in more detail at the budget meeting on February 27th.
- February 19th he attended the Morris County Police Chief’s Association event at The Villa.
- February 20th he joined Battalion 2 Chief Rich Briant and the Ice Rescue Team in the water at Randolph Lake. He also attended an event that evening at Senator Bucco’s home.
- February 21st he attended an event in Chatham celebrating Lincoln’s birthday.
- February 22nd he and other Council members attended the 75th Anniversary celebration for the Randolph Police Department.
K. 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 Executive portion of the meeting.
2. The general nature of the subject matter to be discussed is as follows:
Council Memo 3-2016—FOP Patrol Officer and Superior Officer Settlement Proposals
3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.
4. At the conclusion of the Executive Session, the Council will reconvene in public session for the purpose of taking formal action.
Councilman Napoliello made a motion to move into Executive Session at 8:05 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None
Deputy Mayor Carey made a motion to close the Executive Session at 8:45 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None
L. ADJOURNMENT
Councilman Forstenhausler made a motion to adjourn the meeting at 8:45 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
NAYS: None