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

Minutes: April 24, 2014

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 Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2013 by e-mailing them the annual resolution adopted by the Council on December 5, 2013. The annual resolution, including this meeting date, was advertised in the Randolph Reporter, the official paper of the Township of Randolph, and the Daily Record on December 12, 2013.

2. Roll Call

PRESENT:
Councilman Forstenhausler
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech (arrived 7:51 p.m.)
Mayor Loveys

ABSENT:
Councilwoman Carey
Councilman Guadagno

Also present: Township Manager Mountain, Darren Maloney, and Ed Buzak and Keli Gallo from the Law Office of Edward Buzak.

3. Mayor Loveys led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Lee Whilden of 82 Radtke Road brought up a procedural matter, the appointment of the Township Manager. She stated that it was not a personnel issue, and she felt that Steve Mountain was probably better than others that applied, and he is familiar with Randolph. Mrs. Whilden stated that she learned that the Council had waived the residency requirement for the Manager. She stated that there were 2 important points, one was by waiving the requirement, she felt the Council had put the Manager in a less favorable position. She repeated that her comments were not personal to Steve. The other point was that she was unsure the Council acted with the ability to act amending the requirements for the Council-Manager form of government. Mrs. Whilden explained why she felt the Manager would be at a disadvantage by not living within Randolph. She felt that the public had no input in this decision and she questioned the legality of it.

Judith Stewart of 114 Everdale Road stated that she would hold her comments until after the budget presentation, and that she thought it interesting that there were no copies of the budget at the meeting.

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

C. MANAGER’S REPORT

Manager Mountain expressed his excitement for being in Randolph. He thanked the Council and senior staff members who took a lot of time with him before he started as well as the first couple of weeks in helping make his transition smoother.

He reported that there have been several busy weeks in town with fires and emergency services. The Manager recognized the volunteer firefighters and the members of the Police Department who responded to the fire at 255 W. Crystal Street.

Manager Mountain reported that he has completed interviews with patrolman candidates for the Police Department, and has extended conditional offers to two individuals. The two have accepted offers and will be sworn in once they complete their Police Academy responsibilities, approximately in June. The offers are conditional based upon their completing the academy work and passing the remainder of the requirements.

The Manager and Ralph Carchia met with the staff of Hatch Mott MacDonald; they will be handling the Water Master Plan.

Manager Mountain reported that it was Emergency Management Week and the Township generators will be tested. The SwiftReach process was also tested, over 13,000 calls went out and only about 2,800 of those were unanswered. If it had been a real emergency, a follow up approach would have been taken. There were also a little over 2,500 emails and a little over 2,200 text messages that went out. Messages to sign up for SwiftReach were posted on the electronic message boards for the week.

D. APPROVAL OF MEETING MINUTES

1. Approval of the Meeting Minutes from January 1, January 14, and February 6, 2014

Councilman Hirniak made a motion to approve the meeting minutes from January 1, January 14, and February 6, 2014. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (abstained for Jan. 1 & 14, and aye for Feb. 6)
Councilman Hirniak
Councilman Napoliello
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Carey
Councilman Guadagno
Deputy Mayor Veech

E. PUBLIC HEARING—SOIL MOVEMENT HEARING—BRIGHTVIEW

1. Conduct Hearing

Mayor Loveys explained that this was for Shelter Development on Quaker Church Road. The Council had approved the soil movement permit for Shelter Development on Sept. 3, 2013. Pursuant to the Township ordinance, the Council is the jurisdictional authority since the number of yards to be moved is greater than 2,001. The Mayor explained that the Township Clerk has confirmed the receipt of notice to property owners within 200 feet of Brightview and has confirmed that Shelter Development has provided the proper public notification. Shelter Development group is now requesting a modification to the permit. The modification is regarding one condition in the previous approval; that condition being 2C in dealing with the removal of top soil.

Mr. Doug Henshaw, attorney for Shelter Development, explained that there is limitation based on the ordinance that top soil is not to be removed from its site. Mr. Henshaw introduced one of the site engineers who had originally provided testimony, Wayne Corsty. Mr. Corsty was sworn in by Attorney Ed Buzak.

Mr. Henshaw explained that Mr. Corsty is a licensed engineer and he had been previously accepted as an expert witness in the field of engineering.

Mr. Corsty explained the following:

• The original application was for 9,000 yards of soil export from the site
• Since the last approval, construction has begun and found that a portion of the site was previously a farm field. On some portions of the site there are 4 inches of top soil, and on other portions there are 20 inches of top soil.
• The mass export of 9,000 yards which was expected to be soil and the top soil was to be scraped off and saved for the development, has increased into 8,000 yards of top soil that has to be stripped. There is minimal area on the perimeter due to the size of the building and the parking lot.
• There are 8,000 yards of top soil currently on the property, and only 2,500 yards can be used. There is a need to export 5,400 yards of top soil off the site in addition to 3,000 yards of regular soil which will be excavated.
• The volume did not change, just the type of the soil. The predominant amount of the 9,000 yards will be top soil. Mr. Henshaw asked Mr. Corsty to describe where the top soil will go.

Mr. Corsty explained the following:

• The operation was discussed and approved by the Township Engineer.
• The soil operation had already begun, the excavated soil was being exported to a site in Hillsborough. Since the contractor was also doing a site in Cedar Knolls, the soil was being exported to one of those two locations. If a subsequent location comes up, the developer will confer with the Township Engineer for routing. In both cases, the trucks would take Route 10 to Route 287.

OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road asked why the extra top soil wasn’t going to be used at a Randolph site such as the future garden on Calais Road.

Mr. Henshaw explained that it is understood that top soil is a resource and that is the reason why the ordinance is written the way it is. From the applicant’s perspective, top soil is something that was bought and paid for as part of the ownership of the land. The developer’s intent is to comply with the ordinance and remove it from the site in such a way that it doesn’t impact the municipality.

Mr. Corsty clarified that the condition of the approval was that no top soil could be removed from the site at all.

Mrs. Stewart expressed that there is an unexpected amount of top soil and felt it should be a resource for Randolph and not be removed from the town.

Mr. Corsty also explained that another requirement of the ordinance is to not dump soil in various locations without approvals.

There was discussion that the 5,000 cubic yards of top soil would be over 300 truck loads. Mayor Loveys explained that the point is well taken; that it is a significant amount and there would have to be a place to stockpile it. The soil movement will be taking place for some time.

Mr. Henshaw expressed that Shelter Development has no issue with the Township receiving some of the top soil as long as it doesn’t delay construction. They have no problem working with Township staff to come on site with their trucks and remove some of the top soil.

COUNCIL COMMENTS

Donna Luciani explained that the newest version of the Resolution is online. There was a typo that was corrected; the original approval was 2013, not 2009.

There was discussion about the timeframe of removing the top soil as well as the developer’s willingness to work with the town, should a use be found for the top soil. Manager Mountain will work with staff to determine if there is any use for it.

Mayor Loveys closed the Public Hearing.

2. Approving Soil Movement Permit for Shelter Group—Brightview

R-119-14

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

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

WHERES, there is currently 8,040 cubic yards of stripped topsoil on site, of which 2,500 cubic yards can be utilized on the landscaped areas of the property; and

WHEREAS, the applicant has requested an amendment to Section 2, Item C, of the original Soil Movement Permit to export 5,600 cubic yards of the 9,000 total cubic yards from the site, which will be stripped topsoil; and

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

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

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

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

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on April 24, 2014, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on April 24, 2014, provided in the notice to appropriate property owners; and

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

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

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

1. The Township Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.
2. The Township Council hereby approves and grants a soil movement permit to Shelter Development, LLC, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:
   1. The removal of soil on the Property shall be limited to a 200 day time period.
   2. Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., or dark, whichever comes first, Monday through Friday, excluding public holidays.
   3. Phases of construction may begin at 7:00 a.m. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off the site until 9:00 a.m.
   4. Two thousand five hundred (2,500) cubic yards of top soil shall be retained on the site. Top soil in excess of this amount may be removed from site.
   5. The Applicant shall insure that the vehicles used to transport soil shall use Quaker Church Road to either the Millbrook Avenue or Center Grove Road intersections and exit the Township directly from those intersections utilizing only County or State roadways. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.
   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. A bond in the amount of $125,000.00 (one hundred twenty five thousand dollars), a minimum of 10 percent cash, shall be posted with the Township Manager and/or the appropriate officials of the Township prior to the issuance of the Permit approved hereunder, to cover the repairs of any damage done during the soil movement operation unless the drainage, stormwater improvements and site stabilization is otherwise bonded under a separate developer’s agreement for the project.
   10. The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of August 19, 2013, as well as all ordinances including, but not limited to, Section 15-47, et seq.
   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 August 19, 2013.
3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.
4. This Resolution shall take effect immediately.

Councilman Forstenhausler made a motion to approve Resolution 119-14. Councilman Hirniak seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Hirniak
Councilman Napoliello
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Carey
Councilman Guadagno
Deputy Mayor Veech

F. PUBLIC HEARING—SOIL MOVEMENT HEARING—HEBREW ACADEMY

1. Conduct Hearing

Mayor Loveys explained the Hebrew Academy received a site plan approval and was granted several variances by the Zoning Board of Adjustment in a Resolution dated November 14, 2013. Pursuant to the Township’s Land Development Ordinance 15-47, Soil Movement Ordinance, Section 1547.4 C, provides the Council with the authority over the approval. The Mayor explained that the Township Clerk has confirmed the receipt of notice to property owners within 200 feet of the Hebrew Academy’s property and has confirmed that the proper public notification was provided. Mayor Loveys read Section 1547.7 B of the Ordinance which includes some of the issues the Council will be considering:

“The Township Council, in considering reviewing the application and arriving at this decision, shall take into consideration public health, safety, and general welfare of any recommendation made by the involved Planning Board (in this case Board of Adjustment). And particular consideration shall be given to the following factors: soil erosion by wind and water, drainage, soil fertility, lateral support slopes, grades of abutting streets and lands, land value and uses, and such other factors as may bear upon or relate to the coordinated, adjusted, and harmonious physical development of the Township.”

Mayor Loveys also explained that the Council was provided with 3 documents with respect to the permit application by the Hebrew Academy, the Soil Movement Permit Application, the Board of Adjustment Approval Resolution, and a memo with recommended conditions from the Township Engineer Paul Ferriero.

Joshua Greenfield of the law firm Riker, Danzig, Sherer, Hyland, Perretti in Morristown, introduced himself on behalf of the applicant, Hebrew Academy of Morris County. He reported the following:

• The applicant had appeared before the Board of Adjustment, but at the time they were unsure of the amount of soil to be moved and thought it would be under 2,000 cubic yards. They got approval from the Board of Adjustment for the movement.
• Further refining of the plan showed that it would be above the 2,000 cubic yards. About 100 cubic yards will be imported to the site.

Mitchell Ardman was sworn in by Attorney Ed Buzak.

Mitchell Ardman, Principle with the Reynolds Group, a Licensed Professional Engineer with the State of New Jersey had provided testimony at the Board of Adjustment hearing. Mr. Ardman provided his education and experience. He explained the following while reviewing the grading plan for the project:

• The existing entrance drive to the site is in the center of the property along Dover Chester Road. The entrance drive goes uphill as it enters the site.
• The plan shows the post-development site.
• The scope of the project is to construct a fully new school building. To create that new building, a plateau will be leveled for that site. A loop driveway is proposed in the front of the building and a new parking area to the southerly side.
• Two new storm water controls will be implemented.
• There will be a decrease in impervious surface once the project is completed. During the construction time, storm water basins have been developed to keep the drainage pattern consistent with what they are & they will be reducing the downstream run off from the property.
• They are limiting the disturbance of steep slopes by how the building has been stepped down, there is a lower level to the building. They have also provided some walls around the property. They have designed and implemented soil erosion & sediment control plan which was reviewed and approved by the Township Engineer and the Soil Erosion Control District.
• Regarding the soil movement to and from the property, the site is set back several hundred feet from the road so when there is soil movement, it will be contained on the site. It will not be on the roadway. Regarding distribution of the 2,550 yards of soil, there is a net import to the site. There is no top soil removal proposed at this time.
• The benefit of being on the county road and going right out to Route 10 and the state highway system is that there is no need to be on the local roadways in town.
• All materials and deliveries will go through the main driveway to the academy.
• Frequency will depend on the phase of construction, but they will only utilize between 2 and 4 dump trucks making 5 or 6 trips per day for a total of approximately 20 loads per day entering the site.
• They would coordinate with the Township. If there was a day when there was going to be a big load of supplies and shutting a lane down was necessary, they would notify the Township.

OPEN TO THE PUBLIC

Lee Whilden of 82 Radtke Road asked if it was for the expansion of the academy.

Joshua Greenfield explained that the school is going to be moved, a new building will be built and the old building torn down.

COUNCIL COMMENTS

Councilman Hirniak asked what had caused the need for an additional 500 cubic yards?

Attorney Greenfield stated that it was his understanding that they didn’t know the exact amount needed when the application was made to the Board of Adjustment. They thought they would be under the 2,000 cubic yards, but once the plans were refined, they had a more accurate number.

Mr. Ardman added that there were factors that hadn’t been considered such as the old pavement and building being removed that cannot be reused, unlike the soil which can be reused onsite.

Councilman Forstenhausler stated that he was familiar with the plan and asked if the height of the building was changing based upon the fill.

Mr. Ardman replied that it was not.

Attorney Buzak asked Mr. Ardman if there was a protocol which was followed in terms of a certificate or testing for the clean fill, and if so, is it submitted to the Township Engineer?

Mr. Ardman explained that there was a pre-construction meeting with the Township Engineer. There is a protocol in which you have to show where the fill is coming from and that it is clean. There is a standard lab testing of the material and the results would be submitted to the Township Engineer.

Mayor Loveys closed the Public Hearing.

2. Approving Soil Movement Permit for the Hebrew Academy of Morris County

R-120-14

WHEREAS, Hebrew Academy of Morris County (“Applicant”) has submitted to the Township of Randolph (“Township”) an application for a soil movement permit, involving the movement of soil on Block 44, Lots 26, 27, 31 and 32, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as 146 Dover Chester Road in the Township of Randolph; and

WHEREAS, said application reflects the approximately two thousand five hundred and fifty (2,550) cubic yards of soil will be imported to the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Board of Adjustment of the Township of Randolph for the Granting of Variance and Site Plan Approval relating to the Property; and

WHEREAS, by resolution adopted by the Randolph Township Board of Adjustment on November 14, 2013, the Board of Adjustment of the Township of Randolph approved said application, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Board of Adjustment 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 import 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 24, 2014, by the Township Council to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on April 24, 2014, provided in the notice to appropriate property owners; and

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

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

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

1. The Township Council has reviewed the application and recommendations of the Board of Adjustment and Township Engineer and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.
2. The Township Council hereby approves and grants a soil movement permit to Hebrew Academy of Morris County, 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 import of soil on the Property shall be limited to a 90 day time period.
   2. The import may be done only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, excluding public holidays.
   3. The Applicant shall insure that the vehicles used to import soil shall utilize County and State roadways only.
   4. 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.
   5. 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.
   6. A $25,000 bond shall be required and posted with the Township Clerk’s Office. A minimum of 10% cash shall be posted ($2,500) with the remaining amount ($22,500) to be posted in a surety bond, to cover the repair of any damage done during the soil movement operation prior to the issuance of the permit approved hereunder, to insure the faithful performance of the soil movement operation.
   7. The Applicant shall comply with all conditions imposed by the Board of Adjustment as stated in their Resolution of November 14, 2013, as well as all ordinances including, but not limited to, Section 15-47, et seq.
   8. 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 Board of Adjustment on November 14, 2013.
3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.
4. This Resolution shall take effect immediately.

Councilman Forstenhausler made a motion to approve Resolution 120-14. Councilman Hirniak seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Hirniak
Councilman Napoliello
Mayor Loveys

NAYS: None

ABSTAIN: Deputy Mayor Veech

ABSENT:
Councilwoman Carey
Councilman Guadagno

G. 2014 MUNICIPAL BUDGET HEARING

1. Conduct Hearing

Manager Mountain presented the 2014 for hearing and adoption. He explained that although he did not participate in the creation of the budget, he did spend much time going over it with John Lovell and Darren Maloney. The Manager recapped some of the remarks John Lovell had made on introduction:

• The budget started with a document prepared by administration, but it underwent extensive review by the Council. The discussions were guided by 4 questions:
  • Will the action that you’re considering compound Randolph’s budget challenges in 2015 or beyond?
  • How does the value of the reduction balance with the expectations on the municipal organization and the public?
  • If the expenditure is to be deferred for a year, can and will the Township catch up in the future?
  • Will this decision make Randolph a stronger community 5 years from now?
• The 2014 Municipal Budget continues the Township’s tradition of remaining below state mandated caps. The budget is $38,381 below the 2% Levy Cap, and $113,453 below the 1977 Appropriations Cap.
• The Municipal Budget and Capital Improvement Fund totals $28,952,905; the Water and Sewer Fund Appropriations totals $6,899,437, for a combined budget total of $35,852,342.
• The 2014 budget is increasing by a total of $518,991; 1.83% increase over the prior year.
• One of the major drivers that is an element of the increase is the funding required to address the Morris County Board of Taxation’s order to update and digitize tax maps in the coming year. That is the first step in the Township’s funding of the full revaluation of properties. The tax map update, combined with the revaluation costs, will approach $800,000 in total. The Township Council had supported funding both components with cash, as opposed to deferring the payments to a later date, an option available to all municipalities in the State of New Jersey.
• The 2014 Capital Outlay Program was increased by $185,000 to fully fund the tax map update and an additional $275,000 was reserved from the year end surplus in order to fund the upcoming revaluation. The balance of $340,000 will be raised in the 2015 budget.
• The Township maintains independent financial records for the Water & Sewer Fund. All functions are supported by customer billings and do not require property tax revenues to meet financial obligations. Combined appropriation of $6,899,437 is 3.99% lower than the 2013 budget.
• Randolph has experienced a period of years in which many revenue categories have either remained stagnant or have been reduced due to the recessionary economy. There are some signs that the economic recovery is starting and the stabilization of property values will be seen. Some enhancements to the ratable base may be seen with some of the approved development projects under construction. As a result of these signs, revenue performance is anticipated to strengthen in 2014.
• The Municipal Tax Rate, including the Library and Open Space Park Development Tax, necessary to support the municipal organization, including the reserve from uncollected taxes, is increasing by 2.7% for the year 2014. The increase of 0.019 cents will generate $550,000 in additional taxes, allowing Randolph to meet its obligations.
• The impact on the average assessed residential structure is $63.73 per year or approximately $5.31 per month.
• I know from meeting with John Lovell, and sitting in on meetings prior to starting, the Township Council struggled with the issue of raising taxes this year. Ultimately the choice was made by the Council to place the long term financial viability of the Township over some short term opportunities to reduce the budget.
• The Township Council had challenged the Manager and the staff to look at options for bringing in a budget with no tax increase. The options presented indicated that there would be an increase in the need for debt, a reduction in appropriations and services below the level that the community has been accustomed to, or draw down on surplus which is never something that is wanted especially in a AAA bond rated community.
• The Manager felt it was a sensible spending plan. He recognized Michael Soccio, Darren Maloney, and John Lovell’s work on creating the budget.

OPEN TO THE PUBLIC

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

COUNCIL COMMENTS

Mayor Loveys stated that he supports the 2014 Municipal Budget and Capital Program Budget. He also recognized Michael Soccio, Darren Maloney, and John Lovell for their work on the budget.

2. Adoption of the 2014 Municipal Budget

R-125-14

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:

It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body on the 24th day of April, 2014. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2014 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services.

Councilman Napoliello made a motion to approve the 2014 Municipal Budget. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Carey
Councilman Guadagno

H. COMBINED ACTION RESOLUTIONS

Mayor Loveys reported that Item # 9, R-124-14, was being tabled until May 1, 2014.

Item # 5, R-118-14, the lease agreement with Mendham Township for the Seeing Eye property—Deputy Mayor Veech asked for clarification on section 5.3 related to obtaining prior consent of Mendham Township.

Manager Mountain explained that the main concern was that there would be communication if there was some element of the service agreement that was to change.

Mayor Loveys asked what the change was in respect to the lease for the Seeing Eye property.

Attorney Buzak explained that there were changes that the DEP, through the Green Acres Program, requested when they reviewed the lease agreement. One of the things that had to be done was the diversion application to the state, where the property was obtained from the Rosenfarb/Campo transaction and as part of that, the DEP reviewed the lease and asked for the provisions to be in the lease. Attorney Buzak stated that the changes were minimal and related to that issue.

Manager Mountain concurred that the changes were diminimus, mostly clerical type changes. He saw nothing that changed the substance of the original agreement.

Item #6, R-121-14, lease agreement with Tamarack—Mayor Loveys asked for clarification on the amendment.

Attorney Buzak explained that the original lease agreement provided that by January 1, the entire lease payment was to be made. The amendment divides the payments into two, making the first payment December 15, and the second payment on January 15.

Deputy Mayor Veech 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 Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Carey
Councilman Guadagno

1. Refund Escrow Funds for 4 Sleepy Hollow Road to Jeffrey Gibb—$768.00

R-114-14

WHEREAS, the Planning and Zoning Department received escrow funds from Jeffrey Gibb, 4 Sleepy Hollow Road, Randolph, NJ, Block 6, Lot 29.02, 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 $768.00 be refunded to Jeffrey Gibb, 4 Sleepy Hollow Road, Randolph, NJ 07869.

_______________________________________
Darren Carney, Planning & Zoning Administrator

2. Authorizing Contracts under the Somerset County Cooperative Pricing Council (SOCCP)

R-115-14

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 has the need on a timely basis to purchase goods and services utilizing the SOCCP of which it is a member; 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 those SOCCP 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 SOCCP Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

3. Awarding Professional Services Agreement to Integra Realty for Valuation and Counseling Regarding Block 47, Lot 34

R-116-14

WHEREAS, the Township of Randolph (“Township”) requires Valuation & Counseling Services for Block 47, Lot 34 for a period not to exceed one year (April 24, 2014 - April 23, 2015); and

WHEREAS, the Township has agreed to retain Integra Realty Resources located at 80 South Jefferson Rd, Ste 204, Whippany, NJ 07981 to provide the necessary Valuation & Counseling Services for Block 47, Lot 34 for a total amount not to exceed $4,000 per their proposal; and

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

WHEREAS, the anticipated term of this contract is for a period not to exceed one year (April 24, 2014 - April 23, 2015); and

WHEREAS, the contract with Integra Realty Resources is for a total amount not to exceed $4,000 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Integra Realty Resources has submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Integra Realty Resources having an office at 80 South Jefferson Rd, Ste 204, Whippany, NJ 07981 to provide Valuation & Counseling Services for Block 47, Lot 34 for a period not to exceed one year (April 24, 2014 - April 23, 2015).
2. Integra Realty Resources shall be compensated for a total contract amount not to exceed $4,000.
3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 24, 2014

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 of the Township of Randolph, has ascertained that funds will be available in the 2014 Budget, Tax Assessor O&E, to award a contract to Integra Realty Resources for Valuation and Consulting services relating to Block 47, Lot 34.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 01-201-20-150-301 (not to exceed $4,000)

4. Approving the 2014 Budget—Self Examination

R-117-14

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance board to adopt rules that permit Municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the Township of Randolph has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Township meets the necessary conditions to participate in the program for the 2014 budget year; so now therefore

BE IT RESOLVED, by the Township Council of the Township of Randolph that in accordance with N.J.A.C. 5:30-7.6 a and b and based upon the Financial Officers certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
   1. Payment of interest and debt redemption charges.
   2. Deferred charges and statutory expenditures.
   3. Cash deficit of preceding year.
   4. Reserve for uncollected taxes.
   5. Other reserves and non-disbursement items.
   6. Any inclusions of amounts required for school purposes.
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3et seq. are fully met. (Complies with the “CAP” law.)
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30.5.
4. That pursuant to the Local Budget Law:
   1. All estimates of revenue are reasonable, accurate, and correctly stated.
   2. Items of appropriation are properly set forth.
   3. In itemization, form, arrangement, and content, the budget will permit the exercise of comptroller function within the municipality.
5. The budget and associated amendments have been introduced, publicly advertised, and in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Director of the Division of Local Government Services.

5. Authorizing Lease Agreement with Mendham Township for the Seeing Eye Property

R-118-14

WHEREAS, there is a need to enter into a Lease Agreement between the Township of Mendham and Township of Randolph; and

WHEREAS, the Township of Mendham agrees to lease to Randolph the property and buildings known as the Seeing Eye Property, North Kennels located at 97 Ironia Road for the purpose of providing animal control, sheltering, nurturing, rehabilitation and adoption services; and

WHEREAS, both parties agree to the terms of the Lease Agreement, attached hereto, which shall commence July 1, 2013 and expire on June 30, 2033 unless sooner terminated in accordance with terms of the lease.

NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign the Lease Agreement.

6. Authorizing Second Amendment to Tamarack Lease Agreement

R-121-14

WHEREAS, on December 6, 2012, the Township of Randolph (“Township”) entered into a Lease Agreement dated December 6, 2012 with PG4L, Inc. for the lease of Township property for use as a summer recreational day camp for children (“Lease Agreement”); and

WHEREAS, the parties authorized a First Amendment to the December 6, 2012 Lease Agreement dated August 6, 2013; and

WHEREAS, there has been a request for a second amendment to the December 6, 2012 Lease Agreement to provide for two annual payments of rent each year; and

WHEREAS, the Township desires to authorize the requested second amendment to the December 6, 2012 Lease Agreement between the Township and PG4L, Inc.

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

1. The Township of Randolph hereby approves and authorizes execution of a Second Amendment to the Lease Agreement dated December 6, 2012 between the Township and PG4L to provide for two annual payments of rent each year.
2. All appropriate officers, employees, consultants and professionals of the Township of Randolph are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this resolution.
3. This Resolution shall take effect immediately.

7. Authorizing Tax Collector to Give a Tax Credit the Account for Block 131, Lot 7 to Tax Years 1998 through 2013 - $2,437.00

R-122-14

WHEREAS, Block 131.01 Lot 7, was dedicated to Randolph Township by deed from George Panetta on 9-18-13; and

WHEREAS, this property is a detention basin with the intent that Randolph Township was to acquire it in 1998; and

WHEREAS, prior to 2013 George Panetta was unresponsive to Randolph Township requests;

WHEREAS, this lot should have been tax exempt for the year 1998 and forward.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris that the Tax Collector is authorized to credit the account of Block 131 Lot 7, for taxes 1998 through 2013 in the amount of $2,437.99.

8. Rejecting All Bids for the Municipal Building HVAC Upgrade Project Due to Bids Exceeding the Budget

R-123-14

WHEREAS, the Township of Randolph advertised for the Municipal Building HVAC Upgrade project and received bids on April 9, 2014; and

WHEREAS, 10 bids were received; and

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

Thassian Mechanical Contracting, Inc., Belford, NJ—Base Bid: $513,000;
Envirocon, LLC, Hackettstown, NJ—Base Bid: $684,000;
TM Brennan (Echelon Services, LLC), Newton, NJ—Base Bid: $542,600;
ASM Electric, Inc., Kenilworth, NJ—Base Bid: $379,985;
H.T. Lyons, Inc., Allentown, PA—Base Bid: $472,184;
Reiner Group, Inc., Fair Lawn, NJ—Base Bid: $555,000;
Teo Technologies, Inc., Ringwood, NJ—Base Bid: $501,600;
Silverlands Services, Inc., Edison, NJ—Base Bid: $517,777;
Comfort Mechanical Corporation, Long Branch, NJ—Base Bid: $468,920;
AMCO Enterprises, Inc., Kenilworth, NJ—Base Bid: $541,000; and

WHEREAS, all bids exceed the budget for this project.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids for this project be rejected as all bids exceed the project’s budget.

9. Authorizing Mayor to Sign Assignment of the Developers Agreement from Shelter Development, LLC to Brightview Randolph LLC—Table to May 1

R-124-14

TABLED to May 1

10. Release Soil Movement Cash Bond for 8 Middlebury Blvd. to Kozak—$15,000 Plus Interest

R-126-14

WHEREAS, the Engineering Department has received a request from Eugeniusz and Sophia Kozak for the release of a soil movement bond posted for soil movement at 8 Middlebury Blvd., Block 18.01, Lot 1.04 and;

WHEREAS, the cash bond was received and deposited with the Finance Department on September 21, 2010 to ensure the completion of all soil movement associated with Block 18.01, Lot 1.04 and;

WHEREAS, the Engineering Department has inspected the property, and found that all soil movement work has been satisfactorily completed.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Ralph Carchia, Engineering Administrator, that the cash bond in the amount of $15,000, plus accrued interest be released, to Kozak Precision Products Corp., 193 Franklin Road, Randolph, NJ 07869.

11. Refund Tree Bond for Block 81, Lot 41.01 to DeSalvatore Homes & Design—$8,600.00

R-127-14

WHEREAS, the Planning and Zoning Department received a tree bond posted by DeSalvatore Homes Designs, LLC for Block 81, Lot 41.01 in the amount of $8,600.00; and

WHEREAS, all of the requirements have been met and completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator that the tree bond in the amount of $8,600.00 be refunded to DeSalvatore Homes & Design, LLC, 160 Goff Avenue, Staten Island, NY 10309.

_______________________________________
Darren Carney, Planning & Zoning Administrator

I. UPCOMING EVENTS

1. Artworks Studios—12th Annual Student Art Show - Municipal Building on Friday April 25 - 4:30 p.m. - 7:00 p.m.
2. Spring Clean Communities Day—April 26 - 8:30 a.m. - 12:00 p.m., Document Shredding from 9:00 a.m. - 12:00 p.m., Operation Take Back NJ from 10:00 a.m. - 2:00 p.m.
3. Community Wellness Day—Randolph Middle School on May 3 - 12:00 p.m. - 4:00 p.m.
4. Mayor’s Trail Trek—Heistein’s Lake on April 27 at 1:00 p.m.
5. Beefsteak—Millbrook Fire Company #2 - May 24 - 6:00 p.m.
6. Ironia Fire Company #4—Pancake Breakfast - April 27

J. DISCUSSION ITEMS

1. Review and Discuss May 1, 2014 Council Meeting Agenda

Manager Mountain reported that there will be an additional agenda item, the introduction of the Capital Improvement Ordinances.

There were no other comments or discussion on the agenda.

K. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road felt that it was unfortunate that both the Finance Director and the Township Manager changed during the budget cycle. She also felt the budget document presented at the meeting was still as defective as it was when it was presented. Mrs. Stewart didn’t feel the budget itself was defective, just the budget document. She felt the addition of the hours of the part-time personnel in the back of the budget document was beneficial and hoped it would continue under the new Manager. Mrs. Stewart stated that former Manager Lovell had promised two documents and they were missing from the budget. The two were the analysis of the combined recycling/garbage collection budget and the report from the Parks & Recreation Department about the rescission of fees for people who can’t afford them. She expressed that with the type of budget, it isn’t clear if money is being saved by recycling. Mrs. Stewart expressed that the information about the amount of Parks & Recreation fees being waived should be public. She would like to know if the Township is waiving enough of the fees. She felt that the information in those two documents should have been reviewed prior to voting on the budget.

Lee Whilden of 82 Radtke Road felt that many of the people that were eligible for the waiving of the Parks & Recreation fees were unaware that fees could be waived.

Mayor Loveys stated that he thought Russ Newman had provided the information on waived fees. He asked if Manager Mountain would ask Russ for that information for the next meeting. The Council agreed there was information given, but were unsure how long it had been and if the public had been provided with the information. Manager Mountain said he would follow up with Russ.

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

L. COUNCIL COMMENTS

Deputy Mayor Veech reported that she had attended an Unarmed Aerial Vehicle (UAV-also known as drones) focus group in Morristown on behalf of the Mayor, in his absence. Several attorneys from Washington D.C. attended. There were five focus groups across the United States, including Morris County. There were 8 people in the Morris County focus group, 3 from municipal government, 3 Police Chiefs, a gentleman that was knowledgeable in the building and use of drones, and another gentleman from a Morris County business. The focus group was asked how the citizens of Morris County would feel about using drones in the county, and how they would be used. Deputy Mayor Veech gave examples of the use of drones as presented in the focus group. There was some interest by the members of the focus group regarding the safety aspect of the use of drones. After the session ended, Deputy Mayor Veech asked if she could get a report from the other 4 focus groups and what will be done at the Department of Justice. They are looking to set up laws and regulations for drones because there currently are none other than they cannot be flown lower than 400 feet.

M. EXECUTIVE SESSION

There was no Executive Session

N. ADJOURNMENT

Councilman Hirniak made a motion to adjourn the meeting at 8:35 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Hirniak
Councilman Napoliello
Deputy Mayor Veech
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Carey
Councilman Guadagno