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

Minutes: April 21, 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. PRESENTATIONS/PROCLAMATIONS

1. Proclamation—Week of the Young Child

Mayor Hirniak presented the Proclamation, and read:

Week of the Young Child(tm)
April 25-29, 2016

WHEREAS, the Northwest Chapter of the New Jersey Association for the Education of Young Children and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the Week of the Young Child(tm), April 25-29, 2016; and

WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Randolph, New Jersey; and

WHEREAS, teachers and others who make a difference in the lives of young children in the Township of Randolph deserve thanks and recognition; and

WHEREAS, public policies that support early learning for all young children are crucial to young children’s futures.

NOW, THEREFORE, I, Roman B. Hirniak, Mayor of the Township of Randolph, do hereby proclaim April 25-29, 2016 as the Week of the Young Child(tm) in Randolph, New Jersey and encourage all citizens to work to make a good investment in early childhood within our community.

April 21, 2016
Roman B. Hirniak, Mayor

2. Proclamation—Buddy Poppy Distribution

Mayor Hirniak noted the sacrifices made by the men and women in the Armed Forces. He explained that the Buddy Poppy is another way to remember and to honor the service men and women. Mayor Hirniak presented Randolph VFW Post Commander Scott Montanio with the Proclamation and read:

Buddy Poppy Distribution
May 1 through May 30, 2016

WHEREAS, the annual distribution of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and

WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and

WHEREAS, the basic purpose of the annual distribution of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to “Honor the Dead by Helping the Living.”

NOW, THEREFORE, I, Roman B. Hirniak, Mayor of the Township of Randolph, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies from May 1 through May 30, 2016 which are symbols of appreciation for the sacrifices of our honored dead.

FURTHER, I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

April 21, 2016
Roman B. Hirniak, Mayor

Randolph VFW Post Commander Scott Montanio added that May 1st is also Loyalty Day. Years ago, Congress passed a bill indicating Loyalty Day in the United States as a day to reaffirm one’s loyalty to the United States, and to the flag.

C. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road explained that her husband served in the U.S. Navy, and expressed her gratitude to those serving in the military. Mrs. Stewart also stated that the Council members did a good job of informing the public of the budget process; she stated that the Board of Education did not provide budget documentation until Board members had already determined the budget, and the public had minimal input.

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

D. BOARD OF EDUCATION BUDGET PRESENTATION 2016-2017

Mayor Hirniak introduced Sheldon Epstein, Chairperson, Finance, Facilities & Transportation Committee, of the Board of Education.

Sheldon Epstein distributed a summarized version of the budget presentation and stated that the complete version can be found on the Board of Ed website; another public presentation will take place on May 3rd. Mr. Epstein reported the following budget information:

There were good discussions between stakeholders on the priorities of the district.
All three bargaining unit contracts have been negotiated and finalized within the last year; REA, RTAA (administrators), and the Teamsters (bus drivers).
There is a 1.18% property tax increase
Full Cap 2% on local tax levy
$86.7M Program and Instruction Budget, while continuing a superior Randolph Education experience.
He explained the details of all revenue sources
He explained the total comparative pupil spending. This is a comparison to other Morris County districts K-12 with enrollment over 1,800.

Interim Superintendent Jennifer Fano explained the Program and Instruction Highlights:

Professional Development:

STEAM: Science, Technology, Engineering, Arts, and Math
Literacy instruction
Data analysis
Sustaining a positive & safe learning environment
Instructional coaching
Vertical articulation

Facilities:

Transition room
Culinary Arts room

Student Choice:

RHS: Option II and AP Capstone
RMS: Capstone projects
Elementary: Genius Hour and Learner Active, Technology Infused Classrooms

Sheldon Epstein commended the District Administration, the staff, and the faculty for doing a fantastic job on creating the 2016-2017 budget. He reported that this is the second year that the tax increase is below 2%.

Councilman Napoliello asked what the actual dollar increase would be for the average home in Randolph. Mr. Gerald Eckert, Business Administrator & Board Secretary, replied that the increase would be approximately $100/year for the average home in Randolph.

Councilman Forstenhausler asked if the solar panels have saved money, and if so, how much it has saved. Mr. Eckert said there has been a savings; however, he didn’t have the amount of savings. Ms. Fano stated that she believed it was approximately $70,000/year. Mayor Hirniak asked for a representative to send Manager Mountain the chart which showed the savings, and he could forward it to the Council.

Councilman Forstenhausler also asked what the approximate classroom size is in Randolph High School and Randolph Middle School. Ms. Fano stated that 25 is the general size, with some as low as 21; it also depends on the course and the student interest.

Councilwoman Veech asked for the statistics on future enrollment. Ms. Fano explained that the five year enrollment projection shows a decrease, but not significantly enough to impact the student to teacher ratio. Enrollment has consistently fluctuated, but the total numbers in each school have ended up right where they are currently. With the institution of full day Kindergarten, a large increase was expected; however, there was not a significant increase.

Councilman Guadagno asked if they have considered Pre-K. Christine Aulenbach, Vice President of the Board of Education, explained that there is currently a Pre-K program made up of special needs and general education students. There is a lottery system because it is currently held in one of the elementary schools. She explained that the State may mandate Pre-K in the future, and it is something that the District has been discussing.

Mayor Hirniak thanked the Board of Education members and District Administration for presenting the budget.

E. MANAGER’S REPORT

Manager Mountain reported the following:

Update on status of plaza with former A&P—he spoke with representatives for the plaza; their negotiations with the chain with which they had been in discussions, have reached an impasse on numbers. They are continuing discussions, but have instructed their broker to re-open advertisements to grocery store chains. The Manager reiterated to the representatives that he and township staff are willing to meet with them if they want to discuss ways the township can assist the process. The next conference call is early next week.
Assistant Finance Director, Linda Marini, is retiring at the end of May. The process of interviewing replacements has just concluded, and the top candidate has accepted the offer. This candidate has years of experience in both the private and public sector, as well as an accounting background. The Manager expressed his gratitude to Linda Marini for her years of service, and wished her the best in retirement. There will be overlap between Linda and the new person in order to provide training.
The May 5th meeting will begin at 6:00 p.m., with the regular business meeting. This will allow for the public hearing on the Parks Master Plan to begin at 7:00 p.m. The budget will also be adopted during the regular meeting.
This is the year for the State to review the budget; this is done every three years. The State is extremely backed up on reviewing municipal budgets; they reported that they plan to review the budget. However, in the unlikely event that the State does not get to review it, the township would still present the budget at a public hearing, but the Council would not be able to adopt the budget until the State has reviewed the budget and given its approval to proceed. The only impact would be that the Ordinances that are introduced at this meeting and scheduled to be adopted after the budget passes, would have to be deferred for a couple of weeks.

F. APPROVAL OF MEETING MINUTES

1. Approving Budget Meeting Minutes from March 10, 2016

2. Approving Regular Meeting Minutes from March 10, 2016 and Executive Meeting Minutes from March 10, 2016

Councilman Loveys made a motion to approve the Budget Meeting minutes, the Regular Meeting minutes, and the Executive Meeting minutes from March 10, 2016. 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. PUBLIC HEARING—SOIL MOVEMENT HEARING—AMENDMENT—DICKERSON DENTAL GROUP, LLC

1. Conduct Hearing

Mayor Hirniak explained that the township has received an application to amend the Soil Movement Permit that was granted on March 10, 2016 to the Dickerson Dental Group, LLC. The application submitted by owner, Scott Dickerson, seeks to amend the permit for the soil removal associated with the office medical building development project located at the intersection of Route 10 West and Dover Chester Road. The Council has jurisdiction over the matter since the soil to be removed exceeds 2,001 cubic yards. The application to amend the permit indicates that the developer is seeking to deliver approximately 4,222 cubic yards of the soil from the development site to Block 18.01, Lot 1.11, located on Middlebury Boulevard in Randolph. The purpose of the hearing is to review, and act, on the application. The Mayor confirmed with Township Clerk, Donna Luciani, that she received proof of the applicant’s Proof of Notice of the property owners within 200 feet of the location, as well as Proof of Notification of Public Hearing.

Manager Mountain explained that the intent of this hearing is to ensure the consideration of public health, safety, and general welfare, as well as any recommendations noted by township staff. The proposed application is to amend the location of the site to which the soil is to be delivered; the proposed site is Block 18.01, Lot 1.11 on Middlebury Boulevard. The Township Engineer has reviewed the site, and has been deemed conditionally acceptable. The considerations are included in the Resolution; however, the Manager reiterated them:

The applicant shall insure the vehicles used to remove the soil shall take State and County roadways to exit the township for any remaining soil after delivery to Block 18.01, Lot 1.11 is completed.
No soil shall be moved to the site until a valid soil erosion and sediment control approval, consistent with the approved site plan, is obtained from the Morris Soil Conservation District. Block 18.01, Lot 1.11 must have an approved soil movement permit to accept the material, and have all associated fees paid. An approved tree removal permit for Lot 1.11 is also required before the commencement of the work.

Manager Mountain stated that these conditions are included in the Resolution, as are the prior conditions that were a part of the original Resolution.

Mayor Hirniak introduced Dr. Eric Dickerson. He asked Dr. Dickerson Jr. if he was the only person testifying, and he stated that he was. The Mayor asked if he had any expert testimony that anyone will be offering on behalf of the applicant, and he stated that he does not.

Dr. Eric Dickerson, of 25-27 Dickerson Street, Dover, NJ was sworn in by Attorney Keli Gallo.

Dr. Dickerson provided the following overview of the application:

His father’s dental practice has been in Dover for 35 years, and is now moving to the corner of Dover Chester Road and Route 10 West.
They were initially granted approval to remove the excess soil from the property to a site outside of Randolph. However, an opportunity was presented to move the soil to a location in Randolph, making it more efficient for them, and helping another developer.
The soil will be removed via County and State roads; Dover Chester Road, State Route 10 West, and Canfield Avenue.
The approximate amount of soil to be removed is 4,000 cubic yards.

Councilman Napoliello asked Dr. Dickerson the daily timing for the soil movement. Dr. Dickerson responded, Monday through Friday, between the hours of 9:00 a.m. and 5:00 p.m.

Deputy Mayor Carey made a motion to open the meeting to the public. 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

OPEN TO THE PUBLIC

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

Councilman Forstenhausler made a motion to close the meeting to the public. 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

2. Approving the Amendment to the Soil Movement Permit for Dickerson Dental Group, LLC—Block 76, Lots 7 & 8—the Corner of 714 and 720 Route 10, Randolph

Councilman Forstenhausler made a motion to approve the Resolution to amend the Soil Movement Permit. 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

R-129-16

WHEREAS, Dickerson Dental Group, LLC, the “Applicant,” has submitted to the Township of Randolph, the “Township,” an amendment to the application for a soil movement permit involving the movement of soil on Lots 7 and 8, Block 76, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on the corner of 714 and 720 Route 10, Randolph, New Jersey; and

WHEREAS, said amendment to the soil movement application reflects that approximately four thousand two hundred and twenty two (4,222) cubic yards of soil will be removed from the site; and

WHEREAS, the March 10, 2016, approved soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for the for Preliminary and Final Site Plan and “C” Variances approval;

WHEREAS, by resolution adopted by the Randolph Township Planning Board on July 6, 2015, the Planning Board of the Township of Randolph approved said application for both for Preliminary and Final Site Plan and “C” Variances approval, 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 April 21, 2016 by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on April 21, 2016 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:

The Township Council has reviewed the amended 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.
The Township Council hereby approves and grants the amendment to the soil movement permit application of the Dickerson Dental Group, 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:
1. The removal of soil on the Property shall be limited to a 6 month time period.
2. Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding public holidays. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off site until 9:00 a.m.
3. Top soil shall be retained on the site and no top soil is to be removed from the site.
4. The Applicant shall move the soil to Block 18.01, Lot 1.11 with access by way of State and County roadways. The Applicant shall insure that the vehicles used to remove soil shall take State and County roadways to exit the Township for any remaining soil after deliver to Block 18.01, Lot 1.11 is completed. 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.
5. No soil shall be moved to Block 18.01, Lot 1.11 until a valid soil erosion and sediment control approval, consistent with the approved site plan, is obtained from the Morris County Soil Conservation District. Block 18.01, Lot 1.11 must have an approved soil movement permit to accept the material and have all associated fees paid. An approved tree removal permit for Lot 1.11 is also required before the commencement of the work.
6. 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.
7. 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.
8. 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.
9. When the soil removal and soil filling application is based upon a site plan application, a bond in the amount of 10 percent of proposed cost of site development, at least $2,000 in cash and balance by surety bond, shall be posted to guarantee that the applicant will commence construction within 2 years and complete same within 3 years, unless said term is extended by the issuing authority.
10. The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of April 11, 2014, as well as all ordinances including, but not limited to, Section 15-47, et seq.
11. 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 July 6, 2015.
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.
This Resolution shall take effect immediately.

H. COMBINED ACTION RESOLUTIONS

Item #3, Refund outside tax sale for Block 120, Lot 9—Councilwoman Veech asked for clarification as to what is located on this property, and questioned the amount. Manager Mountain stated that he was not sure what was located there, but thought it was the garden center. There was a brief discussion/clarification on the amount of the refund, and that it is an outside tax sale, not a tax refund. Once discussed, Councilwoman Veech did not feel the Resolution needed to be pulled.

Item #8, Butterworth Pumping Station project—Councilman Loveys asked if the township was building the pump station. Manager Mountain explained that it is being developed by Pulte Development, and the township is sharing in the cost of the project. This is covering the township’s review of the plan. Councilman Loveys confirmed with the Manager that the township is not constructing the pump station.

Items #14 & 15, Mark’s Corner Project—Councilman Loveys asked if it was an extension of an existing Treatment Works approval, and an extension of an existing waiver for EPA Grant Restrictions; Manager Mountain stated they were both extensions.

Councilman Napoliello made a motion to accept the Combined Action Resolutions. 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

1. Authorizing the Township Manager to Endorse the Treatment Works Approval—TWA—Application to NJDEP for the Construction of a Sanitary Sewer Main Extension at 59 Everdale Road, Block 146, Lot 62

R-125-16

WHEREAS, the Township of Randolph, (the “Applicant”) has requested endorsement of a Treatment Works Approval (TWA) for the construction of a sanitary sewer main extension on 59 Everdale Road, Randolph, Block 146, Lot 62; and

WHEREAS, the permit is to convey the effluent from one property with a total design flow of 300 gallons per day through the main extension system into the Rockaway Valley Regional Sewerage Authority (RVRSA) treatment facility.

WHEREAS, the applicant has requested that the Township endorse said application to the New Jersey Department of Environmental Protection (NJDEP); and

WHEREAS, the application must be submitted to the New Jersey Department of Environmental Protection to obtain a TWA approval for the construction of the gravity sewer main for this project; and

WHEREAS in order for the New Jersey Department of Environmental Protection 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;

The Township Manager is herby authorized and directed to execute the appropriate endorsements for the Treatment Works Approval, together with other appropriate officers and employees of the Township of Randolph, and hereby authorized to take all actions necessary to effectuate the purpose.
This resolution shall take effect immediately.

2. Refund Overpayment on 2016 Taxes for Block 81.03, Lot 10 at 15 Rippling Brook Way to CitiMortgage, Inc.—$4,639.33

R-126-16

WHEREAS, CitiMortgage, Inc., Inc. has overpaid 2016 taxes in the amount of $4,639.33, on Block 81.03, Lot 10, known as 15 Rippling Brook Way, assessed to Robert/Madelyn Hladik; 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 $4,639.33 to CitiMortgage, Inc..

3. Refund Outside Tax Sale for Block 120, Lot 9 at 1139 Sussex Tpke., FWDSL & Associates—$118,481.49

R-127-16

WHEREAS, Outside Tax Sale Certificate #1979 held by FWDSL & Assoc., assessed to Spano/Mauro Realty, II, LLC, Block 120, Lot 9, 1139 Sussex Tpke.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $73,481.49, and premium in the amount of $45,000.00.

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 $118,481.49 to FWDSL & Assoc. holder of Tax Sale Certificate #1979.

4. Release Road Opening Cash Bond for the Purpose of Repairing/Resurfacing the Driveway at 12 Draco Drive, Block 21.06, Lot 10 to John Hopkins—$500.00

R-128-16

WHEREAS, the Engineering Department has received a request from John Hopkins for the release of a $500.00 cash road opening bond posted for the purpose of repairing/resurfacing the driveway at 12 Draco Drive, Randolph, Block 21.06, Lot 10; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on March 25, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repairing/resurfacing of 12 Draco Drive 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 Hopkins 12 Draco Drive, Randolph, NJ 07869.

5. Authorizing Interlocal Services Agreement with Morris County for 24 Hour Radio Dispatching Services from January 1, 2016 until Termination by Either Party in Accordance with Contract

R-130-16

WHEREAS, the Township of Randolph wishes to re-enter into an Interlocal Services Agreement with Morris County for Radio Dispatching Services: and

WHEREAS, all parties agree to abide by the provisions set forth in the Services Agreement; and

WHEREAS, the Agreement shall take effect on January 1, 2016 and remain in effect after execution, unless terminated by either party; and

WHEREAS, either party may terminate this Agreement by providing one-hundred and eighty days written notice to the other party.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the County of Morris.

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

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 21, 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 2016 Budget (pending adoption), to award a contract to Morris County for Radio Dispatching services, per its agreement with the Township.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-25-250-301—2016 pending adoption (not to exceed $292,004)
01-201-25-250-302—2016 pending adoption (not to exceed $21,800)

6. Temporary Capital Budget (#4)

R-131-16

WHEREAS, the Township of Randolph desires to amend its 2016 Temporary Capital Budget by inserting herein various capital improvements.

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

No. 4
2016 Temporary Capital Budget
Township of Randolph
County of Morris, New Jersey

Project	Estimated Cost	Capital Improvement Fund	General Bonds
2016 Road Overlay Program	$1,500,000	$1,500,000	$0
General Capital Improvements	$475,000	$475,000	$0
Water — Sewer Capital Improvements	$225,000	$225,000	$0
Underground Storage Tank Removal	$100,000	$5,000	$95,000
Public Works Equipment	$205,000	$40,000	$165,000
Purchase Brand New Fire Apparatus	$520,000	$26,000	$494,000
Improvements to Municipally-Owned Property	$348,000	$21,500	$326,500

7. Authorizing Award of a Professional Services Agreement to Strunk-Albert Engineering for Mechanical and Electrical Engineering Services for Boiler Replacement at the Randolph Township Library and Community Center Building—Not to Exceed $10,500

R-132-16

WHEREAS, the Township of Randolph (“Township”) requires mechanical and electrical engineering services for boiler replacement at the Randolph Township Library and Community Center Building until the project is fully completed; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services may exceed $17,500; and

WHEREAS, the Township has agreed to retain Strunk-Albert Engineering located at 804 Seven Bridge Rd, Route 209, East Stroudsburg, PA 18301 to provide the necessary mechanical and electrical engineering services for boiler replacement at the Randolph Township Library and Community Center Building for a total amount not to exceed $10,500; and

WHEREAS, the fees are as noted in the attached proposal; and

WHEREAS, the anticipated term of this contract is until the project is fully completed; and

WHEREAS, the contract with Strunk-Albert Engineering is for a total amount not to exceed $10,500 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Strunk-Albert Engineering has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification should the dollar amount of their contract be amended during the contract term and exceed $17,500 and the requirements of the Anti Pay-to-Play Legislation would then apply; and

WHEREAS, Strunk-Albert Engineering 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:

The Township hereby hires, employs and retains Strunk-Albert Engineering having an office at 804 Seven Bridge Rd, Route 209, East Stroudsburg, PA 18301 to provide mechanical and electrical engineering services for boiler replacement at the Randolph Township Library and Community Center Building until the project is fully completed.
Strunk-Albert Engineering shall be compensated for a total contract amount not to exceed $10,500.
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.
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: April 21, 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 General Capital Fund, Ordinance #12-16, Purchase and Installation of a New Boiler at Community Center (pending adoption), to award a contract to Strunk-Albert Engineering for mechanical and engineer services, per its proposal submitted to the Township.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: Ordinance 12-16 pending adoption (not to exceed $10,500)

8. Authorizing the Award of a Professional Services Agreement to Dewberry Engineers, Inc. for Professional Engineering Services During the Construction Phase of the Butterworth Pumping Station Project—Not to Exceed $14,200.00

R-133-16

WHEREAS, the Township of Randolph (“Township”) requires professional engineering services during the construction phase of the Butterworth Pumping Station project until the project is fully completed; and

WHEREAS, the Township has agreed to retain Dewberry Engineers Inc. located at 600 Parsippany Rd, Ste 301, Parsippany, NJ 07054 to provide the necessary professional engineering services during the construction phase of the Butterworth Pumping Station project for a total amount not to exceed $14,200; and

WHEREAS, the fees are as noted in the attached proposal; and

WHEREAS, the anticipated term of this contract is until the project is fully completed; and

WHEREAS, the contract with Dewberry Engineers Inc. is for a total amount not to exceed $14,200 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Dewberry Engineers Inc. has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification should the dollar amount of their contract be amended during the contract term and exceed $17,500 and the requirements of the Anti Pay-to-Play Legislation would then apply; and

WHEREAS, Dewberry Engineers Inc. 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:

The Township hereby hires, employs and retains Dewberry Engineers Inc. having an office at 600 Parsippany Rd, Ste 301, Parsippany, NJ 07054 to provide professional engineering services during the construction phase of the Butterworth Pumping Station project until the project is fully completed.
Dewberry Engineers Inc. shall be compensated for a total contract amount not to exceed $14,200.
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.
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: April 21, 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 Sewer Capital Fund, Ordinance #23-15, Butterworth project Phase ll, to award a contract to Dewberry Engineers for engineering services, per its proposal submitted to the Township.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 08-215-55-912-300 (not to exceed $14,200)

9. Authorizing Contracts with Additional Approved Vendors Under the MCCPC Pursuant to N.J.S.A. 40A:11-11(5)

R-134-16

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may, by resolution and without advertising for bids, purchase any goods or services under a Cooperative Pricing System of which the Township is a member; and

WHEREAS, the Township of Randolph on February 11, 2016 via R 56-16 authorized contracts with certain approved MCCPC Contract vendors; and

WHEREAS, it’s been determined that contracts in excess of $17,500 may be entered into with additional MCCPC Contract Vendors; and

WHEREAS, the additional MCCPC Contract Vendors have been added to the attached list; and

WHEREAS, the Township of Randolph anticipates entering into contracts in excess of $17,500 with the attached Referenced Contract Vendors through this resolution and properly executed purchase orders/contracts as needed, which shall be subject to all the conditions applicable to the current co-op contracts.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from the additional approved MCCPC Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MCCPC Contract Vendors shall be until December 31, 2016 or upon expiration of the vendor’s contract whichever is first.

10. Refund Outside Tax Sale Certificate for Block 208.01, Lot 5—9 Trowbridge Drive to Ebury Fund 1 NJ, LLC—$1,500.00

R-135-16

WHEREAS, Outside Tax Sale Certificate #2050 held Ebury Fund 1 NJ, LLC, assessed to Deutsche Bank National Trust, Block 208.01, Lot 5, 9 Trowbridge Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,838.11, and premium in the amount of $1,500.00.

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 $3,338.11 to Ebury Fund 1 NJ, LLC holder of Tax Sale Certificate #2050.

11. Authorizing Execution of an Agreement for Online Auction Services for a One-Year Period with the Option to Renew for an Additional Year

R-136-16

WHEREAS, the Township of Randolph has surplus personal property that is no longer needed for public use; and

WHEREAS, the Local Unit Technology Pilot Program and Study Act (P.L. 2001, c. 30) authorizes the sale of surplus personal property no longer needed for public use through the use of an online auction service; and

WHEREAS, the Township of Randolph intends to utilize the online auction services of USGovBid located at usgovbid.com; and

WHEREAS, the sales will be conducted pursuant to the Division of Local Government Services’ Local Finance Notice 2008-9; and

WHEREAS, a contract with USGovBid needs to be executed for a one-year period (July 1 2016 - June 30, 2017), with the option to renew for an additional year (July 1, 2017 - June 30, 2018) (said contract is attached); and

WHEREAS, Township Council will be presented throughout the year with lists for approval of surplus personal property no longer needed for public use before any auctions are conducted.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve execution of an agreement for online auction services with USGovBid for a one-year period (July 1, 2016 - June 30, 2017), with the option to renew for an additional year (July 1, 2017 - June 30, 2018).

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

12. Amending a Professional Services Agreement with Robert Michaels and Associates for Planning Services for the Affordable Housing Program—Extension through June 30, 2017 and an Increase in Award by $5,000.00 to $20,000.00 and an Increase in the Hourly Rate to $150.00

R-137-16

WHEREAS, the Township of Randolph (“Township”) adopted Resolution 196-12 on June 28, 2012 awarding a professional services agreement to Robert Michaels and Associates for planning services for the affordable housing program for $15,000 for the period of June 28, 2012 through June 27, 2013; and

WHEREAS, the Township adopted Resolution 161-15 on June 16, 2015 authorizing an extension through June 30, 2016; and

WHEREAS, the Planning and Zoning Administrator has advised that this project is still not complete due to issues with the courts and should therefore be extended through June 30, 2017; and

WHEREAS, the Planning and Zoning Administrator has also advised that the contract amount should increase by $5,000 for a new contract total of $20,000, and the hourly rate for the remainder of the project should increase to $150.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey that the professional services agreement awarded to Robert Michaels and Associates for planning services for the affordable housing program be extended to June 30, 2017 with an increase in the award amount by $5,000 to $20,000 and an increase in the hourly rate to $150.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 21, 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 Housing Development Trust Fund to award a contract to Robert Michaels and Associates for planning services, per its proposal submitted to the Township.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 13-225-00-000-000 (not to exceed $5,000)

13. Authorizing the Expenditure of $2,000.00 in Furtherance of the Purposes of the Municipal Shared Services Defense Agreement—in Regards to Affordable Housing

R-138-16

WHEREAS, the Township Council of the Township of Randolph (“Township”) entered into the Municipal Shared Services Defense Agreement (“MSSDA”) for the purpose as set forth therein, which included retaining a common expert in the Declaratory Judgment action (“Litigation”) that was filed in accordance with In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (“Decision”); and

WHEREAS, the Mayor and Council authorized the expenditure of $2,000 for the preparation of the expert report; and

WHEREAS, an Amendment to the MSSDA (“Amendment”) was authorized by Resolution to substitute Econsult Solutions, Inc. as the expert for the municipalities participating in the MSSDA (the “Consortium”); and

WHEREAS, the Township recognizes that the Litigation requires further reports to be prepared as well as other legal matters to be addressed by the Consortium; and

WHEREAS, the Township has determined that it is in the best interests of the citizens of the Township of Randolph to approve additional funding to enable the Consortium and its expert to address the multiplicity of issues raised and associated with the Litigation and the continued implementation of the MSSDA.

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

1. The amount of $2,000 is hereby authorized to be expended by the Township of Randolph in furtherance of the purposes of the MSSDA. 2. This Resolution shall take effect immediately.

14. Re-Authorizing of Endorsement of Application for Treatment Works Approval (TWA-1) Mark’s Corner Project—Block 129, Lots 130 & 130.1—1 West Hanover Avenue

R-139-16

WHEREAS, the Township has previously endorsed 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 129, Lots 130 & 130.1 on the official tax map of the Township of Randolph in which the permit was approved by New Jersey Department of Environmental Protection (NJDEP); and

WHEREAS, the Township of Randolph has received a request from the Heller Group to extend the endorsement of the Treatment Works Permit 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 obtained a NJDEP Treatment Works Permit and has requested that the Township of Randolph an extension to the permit; and

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

WHEREAS, The Township desires to authorize the execution of the extension 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;

The Township hereby endorses a request for the extension of the Treatment Works Approval for Mark’s Corner project located on Block 129, Lots 130 &130.1 on the official tax map of the Township of Randolph.
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.
This resolution shall take effect immediately.

15. Endorsing an Extension for Waiver of EPA Grant Restrictions Related to Sewer Serving Lots with Wetlands with Respect to the Mark’s Corner Project—1 West Hanover Avenue—Block 129, Lots 130, 130.1

R-140-16

WHEREAS, the Heller Group, LLC proposes a sanitary sewer connection at the project known and designated as Marks’s Corner, Block 129, Lots, 130 & 130.1, on the official tax map on the official tax map of the Township of Randolph, to the Randolph Township Sewer System for ultimate discharge to the Rockaway Valley Sewerage Authority (“RVRSA”) System and;

WHEREAS, a portion of the property to be connected to the System contains wetlands as defined and delineated by the United States Fish & Wildlife Service; and

WHEREAS, one of the conditions imposed by the United States Environmental Protection Agency (“EPA”) upon the grant for the construction of the RVRSA facilities prohibits the connection of any sewerage generating structure located within any parcel of land containing a wetland area to the System for a period of 50 years after November 29, 1983; and

WHEREAS, said grant conditions provide for exceptions to the prohibition if approved, in writing, by the Regional Administrator of EPA; and

WHEREAS, the procedures for mapping revisions and waiver requests established by EPA, the New Jersey Department of Environmental Protection (“DEP”) and the RVRSA require that Randolph Township endorse the submission of such waiver request or mapping revision; and

WHEREAS, those procedures provide that projects which do not adversely impact wetlands may be approved by way of a mapping revision or waiver request; and

WHEREAS, the Heller Group, LLC, has submitted to the Township a request for the extension of the Wetlands Waiver Permit for sewer gallonage and indicated that no sewerage generating structures are to be located within the wetlands; and

WHEREAS, the Township Engineer finds that the project, as proposed by the Heller Group, LLC, will not involve the construction of sewerage generating structures within a delineated wetland and is designed so as to minimize any adverse impacts on such delineated wetlands; and

NOW, THEREFORE, be it resolved that the extension request by the Heller Group, LLC, for Mark’s Corners be submitted to the RVRSA for a waiver of the EPA grant condition, related to servicing the property with wetlands for Block 129, Lots 130 and 130-1, on the Tax Maps of the Township of Randolph, is hereby endorsed.

16. Authorizing Change Order #1—The Ambien Group, LLC Reducing the Final Contract Amount by $98,673.96 for 42 Bennett Avenue/EA Porter Site Demolition Project

R-141-16

WHEREAS, the original contract with the Ambient Group LLC, for the 42 Bennett Ave/EA Porter Site Demolition project was $339,750.00; and

WHEREAS, the Ambient Group LLC, did not utilize the entire line item contract amount of $211,750,00 for Concrete Disposal; and

WHEREAS, the total amount of concrete dispose for the demolition work was 2,937.04 tons, 2,562.96 tons less than estimated in the schedule of values for this contract; and

WHEREAS, the total amount for the reduced amount of concrete disposal is $98,673.96; and

WHEREAS, the revised final contract amount for this project is $241,076.04; and

WHEREAS, Engineering / Water & Sewer Administrator recommends that final contract amount be revised to reflect the work performed as part of this contract.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the final contract amount for the Ambient Group LLC, be deducted by $98,673.96 for a final contract total of $241,076.04.

17. Social Affairs Permit, St. Andrew Greek Orthodox Church, 1447 Sussex Tpke., Randolph, for the following dates: June 10th from 11:00 a.m. to 11:30 p.m.; June 11th from 12:00 p.m. to 11:30 p.m.; and June 12th from 12:00 p.m. to 8:00 p.m.

I. UPCOMING EVENTS

Clean Communities Day—Saturday, April 30th at 8:30 a.m. at Town Hall
Habitat for Humanity—Hammer for Heroes—Saturday, June 4th from 9:00 a.m. to 2:00 p.m. at the Restore, 274 South Salem Street, Randolph
Morris County Budget Presentation—April 27th at 6 p.m.—Casino at Silas Condit Park in Kinnelon
200 Club Meeting—April 28th at the Birchwood Manor

J. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #09-16: An Ordinance of the Township of Randolph Appropriating $400,000 from the Capital Improvement Fund for the Millbrook Avenue Paving Project

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $400,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE MILLBROOK AVENUE PAVING PROJECT” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance is for supplemental funding necessary to fund the engineering estimate for the Millbrook Avenue paving 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 $400,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE MILLBROOK AVENUE PAVING 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 Forstenhausler made a motion to adopt the Ordinance. 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

2. Ordinance #10-16: A Bond Ordinance Providing for the Replacement of the Sussex Turnpike Water Line by the Township of Randolph, Appropriating $900,000 Therefore and Authorizing the Issuance of $855,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof

BE IT RESOLVED, that an Ordinance entitled “A BOND ORDINANCE PROVIDING FOR THE REPLACEMENT OF THE SUSSEX TURNPIKE WATER LINE BY THE TOWNSHIP OF RANDOLPH, APPROPRIATING $900,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $855,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is the funding Ordinance to support the final phase of the Sussex Turnpike Water Line project.

OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road asked if the water line encompasses the addition on Harvey Terrace and into the new area. Manager Mountain explained that it is just the replacement water line on Sussex Turnpike, between Harvey Terrace and Church Road; the section going into Harvey Terrace and Carellen is a different project.

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

BE IT RESOLVED, that an Ordinance entitled, “A BOND ORDINANCE PROVIDING FOR THE REPLACEMENT OF THE SUSSEX TURNPIKE WATER LINE BY THE TOWNSHIP OF RANDOLPH, APPROPRIATING $900,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $855,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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.

Deputy Mayor Carey made a motion to adopt 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

3. Ordinance #11-16: Amending Ordinance Nos. 16-09, 23-10, 12-11, 10-12, 14-12, 17-12, 09-13 and 05-15 to Provide and Determine the Range of Compensation for Specified Officers and Employees in the Township of Randolph

BE IT RESOLVED, that an Ordinance entitled “AMENDING ORDINANCE NOS. 16-09, 23-10, 12-11, 10-12, 14-12, 17-12, 09-13 AND 05-15 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance sets the salary ranges for township employees for the year 2016.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AMENDING ORDINANCE NOS. 16-09, 23-10, 12-11, 10-12, 14-12, 17-12, 09-13 AND 05-15 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” 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 Forstenhausler made a motion to adopt the Ordinance. 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

K. ORDINANCES: INTRODUCTION

1. Ordinance #12-16: Bond Ordinance Providing for Various Capital Improvements by the Township of Randolph, Appropriating the Aggregate Amount of $1,173,000 Therefore and Authorizing the Issuance of $1,080,500 Bonds or Notes of the Township to Finance Part of the Cost Thereof

Manager Mountain explained that this is the only bond ordinance for the Capital program; it’s authorizing the issuance of bonds or notes to finance. Some of the items included are various improvements to township facilities, Public Works vehicles and equipment, and the purchase of a new fire truck; all items listed are part of the approved 2016 Capital program.

BE IT RESOLVED, that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, APPROPRIATING THE AGGREGATE AMOUNT OF $1,173,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $1,080,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 5th of May, 2016 at 6 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.

Deputy Mayor Carey made a motion to introduce 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 #13-16: An Ordinance of the Township of Randolph Appropriating $475,000 from the Capital Improvement Fund for Various 2016 Capital Improvements

Manager Mountain explained that this is the first of three cash ordinances. This ordinance funds projects and vehicles that are part of the general Capital; included are Rescue Squad, Police Department, Parks Department, and Fire Department items that are part of the approved 2016 Capital program.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $475,000 FROM THE CAPITAL IMPROVEMENT FUND FOR VARIOUS 2016 CAPITAL IMPROVEMENTS” be introduced, read by title by the Township Clerk and passed on first reading.

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

NAYS: None

Councilman Forstenhausler made a motion to introduce the Ordinance. 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

3. Ordinance #14-16: An Ordinance of the Township of Randolph Appropriating $1,500,000 from the Capital Improvement Fund for the 2016 Road Overlay Program

Manager Mountain explained that this is the cash Ordinance to fund the 2016 Road Overlay Program. He noted that there was a memo he wrote which accompanied this Ordinance that, after the last Council meeting, there was a decision to make three changes to the list. The decision was made to defer Irish Spring Road and Trowbridge Drive to 2017, and to phase Middlebury Boulevard. The reason for the change to Irish Spring Road was that it was going to need more than an overlay. Trowbridge Drive was in the best shape of those on the program list, and it was felt that it could wait another year. The decision was made to make these changes so there would be some reserve funding for the unexpected. As the township goes through the process, if it is determined there will be enough funding to include Trowbridge Drive in 2016, the Ordinance is written in such a way to be able to include it.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,500,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2016 ROAD OVERLAY PROGRAM” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Loveys commented that he understood the program for Henderson Place. However, he felt the road width of 30 feet should be changed since this road is currently much narrower. Manager Mountain stated that he understood the concern, and he will double-check the information.

Councilman Guadagno noted that Middlebury Boulevard is currently being worked on; the manholes are being raised. He asked for more information on the work being done. Manager Mountain explained that the manholes are just being raised, and the township will be paving. Because of the massive length of road that is being done this year, the Manager directed Public Works to begin the process of raising the storm drains.

Mayor Hirniak asked how the spring branch collection might affect the Public Works Department starting the road overlay program. Manager Mountain felt it would not affect the road overlay program.

Councilman Forstenhausler made a motion to introduce the Ordinance. 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

4. Ordinance #15-16: An Ordinance of the Township of Randolph Appropriating $225,000 from the Capital Improvement Fund for 2016 Water and Sewer Capital Improvements

Manager Mountain explained that this Ordinance provides for the cash appropriation for the 2016 Water and Sewer Capital improvements.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $225,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2016 WATER AND SEWER CAPITAL IMPROVEMENTS” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Guadagno stated that the Capital Improvement includes both the Water and the Sewer; he asked if they needed to be broken out separately. Manager Mountain explained that it is allocated separately in the budget, but for appropriation purposes, it is listed in one Ordinance.

Councilman Loveys made a motion to introduce 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

L. DISCUSSION ITEMS

1. Special Duty Police Officer—Local Ordinance

Manager Mountain explained that he provided the Council with a memo outlining the issue; there is an Ordinance in place titled, “Special Duty Police Officer Ordinance” which covers how the rates of compensation are established for off duty officers hired by private or public entities. It has been several years since the rates have been reviewed. The Chief provided a memo outlining the issues. Manager Mountain explained in detail the current rates, and how the system works. In the Chief’s memo, he included the rates which other departments in the area charge, and they are significantly higher than Randolph. Two issues arise, the township is paying a higher amount to cover jobs, and officers are coming in from other areas that may not have the knowledge of the community. The Manager and Chief Stokoe felt it was the right time to recommend changes to the rates:

Board of Education/Township—$45/hr.—$0 Admin Fee increased to $60/hr.—$0 Admin Fee
Non-Profit—$45/hr.—$7/hr. Admin Fee increased to $60/hr.—decreased to $0/hr. Admin Fee
For Profit/Utility—$60/hr.—$17/hr. Admin Fee increased to $70/hr.—$17/hr. Admin Fee

Manager Mountain noted that the Non-Profit and the For-Profit fees are paid by outside agencies, it does not affect the township’s bottom line. The Manager felt the entities would be agreeable to the fees, since in other communities they are paying significantly higher.

Councilman Guadagno asked if the fees charged go directly into the officer’s paycheck. Chief David Stokoe replied that the fee is collected by the township, and the funds are distributed in their pay period.

Councilman Loveys asked Chief Stokoe if the fees are similar to the overtime rate for the average officer. Chief Stokoe explained that there is a wide range, from a new officer’s overtime rate to a senior patrol officer’s overtime rate, but this proposed rate is closer to one of the more senior officer’s overtime rate. Councilman Loveys asked what is involved administratively. Manager Mountain explained that the Administrative Fee covers time spent on the process by the Chief, Lieutenant, the CFO, and the Assistant Finance Director.

There was a consensus by the Council to move forward with the recommended changes to the Ordinance.

Manager Mountain explained that an amended Ordinance will be prepared for the May 19, 2016 Council meeting.

M. OPEN TO THE PUBLIC

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

N. COUNCIL COMMENTS

Councilman Guadagno reported that there was a report on the television about how successful the drug take back programs have been. He reiterated how he felt it very important to continue and to expand this program.

Councilman Guadagno reported that the parking at the Motor Vehicle Commission (MVC) on Canfield Avenue is still a problem; cars are parked on Canfield Avenue. He felt another notice should go to the MVC to address this issue.

Councilman Guadagno also reported that the Pancake Breakfast at the Ironia Firehouse was very successful. The firemen spoke to him about shade trees on the side between the firehouse and the church. In the past, the township said they would restore them. According to the firemen, they were told there now is no money. Manager Mountain explained that the information was not accurate, there is money in the shade tree fund, and that he will follow up with Engineering.

Councilman Guadagno reported that a resident on South Road, near where the house burned down, informed him that he and his neighbors are creating a petition to get water and gas lines installed on South Road. Councilman Guadagno told the resident that they could meet to discuss the issue. Manager Mountain replied that the water line was part of the Master Plan; he also noted that there have been discussions on the possibility of having an extension for firefighting purposes if there couldn’t be a full water line to service homes. Councilman Guadagno felt that the township should apply for the permit to have a water line to service the homes. Manager Mountain said that township staff could meet with the residents on South Road to explain the process, and discuss the issue. Councilman Forstenhausler added that the resident stated that they had started a petition for the gas line, but after the neighbor’s house burned, they wanted to also have the water line installed. Councilman Guadagno will contact the resident to suggest a meeting with Manager Mountain.

Councilman Guadagno asked about the Freeholder’s grant for trails. Manager Mountain explained that the County now has a trail grant program; he has forwarded the information to Darren Carney and Russ Newman. He expects the township to submit an application before the fall deadline; the timing works well with the Trails Plan.

Councilman Guadagno asked the status of the historical marker for Combs Hollow. He explained that there was one marker left to be done when the Landmarks Committee dissolved. Deputy Mayor Carey added that the marker was delivered, and it is in the museum. Manager Mountain replied that he was unaware of the historical marker, but will follow up to determine the status.

Councilman Napoliello stated that it was reported at the Board of Health meeting that the LA Fitness indoor bathing facility has been closed. Manager Mountain added that he believed it to be a temporary closure.

Councilman Napoliello also reported that at the Recreation Committee meeting, there was a discussion about the lacrosse teams not having field time because the soccer teams had the fields. Mayor Hirniak asked Manager Mountain to follow up with Russ Newman to determine the exact issue.

Councilman Forstenhausler reported that at the quarterly Safety Committee meeting, there was one noteworthy accident reported, someone slipped on the floor at the Community Center. He made some calls to make sure that the leak in the ceiling had been repaired.

Councilwoman Veech reported that the Parks Committee met. On May10th at 6:00 p.m. there will be a dedication at Freedom Park, and at 6:45 p.m. there will be a dedication at Heisteins. Manager Mountain stated that a memo had gone out, but he will re-send it to Council members.

Councilwoman Veech asked for an update on the County’s activity on Sussex Turnpike, and also for the status of the abandoned property. Manager Mountain explained that the County is on-schedule with the project, but he will provide a more detailed update. The Manager also explained that the township had requested temporary striping at the intersection of Hanover Avenue and Sussex Turnpike, based on previous discussions. The County’s Assistant Engineer responded that they will be doing the striping, but they have to have an outside contractor do the work, it’s not something the contractor on the project would do. Councilman Forstenhausler added that the same needs to be done at the intersection of Sussex Turnpike and Calais Road. Manager Mountain stated that he told the County about three intersections along Sussex Turnpike needing temporary striping; Calais Road, Millbrook Avenue, and Hanover Avenue. Once the Manager has an update from the County, he will forward it to the Council.

Deputy Mayor Carey reported that the Library will be open on Saturdays in July again due to last year’s success. She also reported that there is interest from the Library Board in fixing up the area behind the library where the concerts are held in the summer, including the gazebo; they have put out a request for proposals. Councilman Guadagno noted that there is a septic field in the area of the gazebo. Councilwoman Veech stated that she wouldn’t want too much money invested in that area, due to the pending Parks and Recreation Master Plan.

Mayor Hirniak reported the following:

April 11th he attended the Open House for Deirdra’s House in Morristown, a child advocacy center.
He attended the Morris County Prosecutor’s Crime Victim’s Rights Week recognition and remembrance ceremony.
April 12th he attended the Board of Education meeting. Interim Superintendent Jennifer Fano was announced as the finalist for the vacancy. The Board of Education will now engage in contract negotiations.
April 13th he attended the Relay for Life photo opportunity for the Mayors of the 7 participating towns.
April 15th he attended the PTO Council Ladies’ Night Out at the Hanover Marriott.
April 16th he attended the Little League Opening Day Parade. He also attended the Morris County Elected Leaders’ Breakfast at LaStrada with Lance Tkacs. He then attended a Cub Scouts awards program at the Shongum School, where he issued a Proclamation honoring Deborah and John Krog.
April 17th he attended the Pancake Breakfast at Ironia Company #4 firehouse.
April 18th he and Councilman Guadagno attended the Planning Board meeting. There was one item approved, a 3 acre all-wooded site at the corner of Canfield Avenue and Middlebury Boulevard, which will be a new daycare, early childhood learning center.
April 19th he, and the Mayors from Morristown, Morris Township, Morris Plains, and Madison attended the League of Women Voters Evening with the Mayors, and spoke.
April 20th he visited with second grader, Emma Carothers, who had written him a letter with some concerns. He shared her concerns with Manager Mountain, who will follow up with the Police Department.
April 20th he also attended the Morris County League of Municipalities event at the Mt. Tabor Country Club with Deputy Mayor Carey.
April 21st he and Deputy Mayor Carey attended the Randolph Chamber of Commerce monthly luncheon.
He signed a Proclamation for the event on April 22nd honoring Paula Sole Magone. Deputy Mayor Carey will present the Proclamation in his absence.

The Council took a five minute break.

O. 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:

Guerin Drive
Township Manager’s Compensation

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 Fostenhausler made a motion to move into Executive Session at 9:00 p.m. 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

Councilman Guadagno made a motion to close the Executive Session at 9:30 p.m. 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

P. ADJOURNMENT

Councilman Forstenhausler made a motion to adjourn the meeting at 9:30 p.m. 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