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

Minutes: February 3, 2015

A. OPENING OF COMBINED MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Veech. 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 19, 2014 by e-mailing them the annual resolution adopted by the Council on December 4, 2014. 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 24, 2014.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Forstenhausler (arrived at 7:18 p.m.)
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

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

3. Pledge of Allegiance

Mayor Veech led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Presentation—FOP President Officer Richard Biase

President of the FOP, Richard Biase, introduced himself and thanked the Council, Manager Mountain, and Chief Stokoe for supporting the department. He explained that due to a recent tragic event in an officer’s family, a catastrophic illness plan was developed which supported the officer and his family. Officer Biase again expressed gratitude to the Manager, Chief Stokoe, and the Council.

Officer Biase also stated as the President of the FOP, he has been working with Chief Stokoe, and felt there was a marked change in the Police Department in a positive way. He expressed to the Council that as the President of the FOP, if they have any feedback regarding police issues, they can feel free to contact him.

Mayor Veech thanked Richard Biase for attending the meeting and for his expression of gratitude. The other Council members also commended Officer Biase and thanked him for attending.

C. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road asked whether the Ordinance up for a second reading was being postponed. Mayor Veech said it is going to be carried to the March 10th meeting.

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

• He thanked Richard Biase for attending the meeting. He expressed that Officer Biase has represented the union in a favorable light and developed a positive relationship with both the Chief and himself. The Manager agreed with the assessment that there has been a positive change in the department.
• The animal control staff has completed the move to the new facility in Mendham. The staff, the Friends of Randolph Pound, and residents have expressed their satisfaction with the new facility. A ribbon cutting ceremony will take place once the weather improves, most likely in April.
• The 2015 budget process is well underway internally. He, Darren Maloney, and staff have gone through initial reviews of the draft budget. A meeting with the Finance workgroup will be meeting to review the status, and the plan for the process with the Council. It is anticipated that the draft budget will be distributed to the Council for the February 19th meeting. Budget review sessions are set for February 28th, March 14th, and March 21st.
• The Board of Education liaison group met. He felt it was a productive meeting, and was pleased with the new Business Manager and building a positive relationship with him.
• The last couple of storms have had unique sets of challenges. A lot of material has been used for dealing with the recent ice storm. Road salt is again becoming an issue, they have had several conversations with the vendor. It isn’t at the level as last year, but it isn’t as readily available as he would like. After a recent conversation, more delivery channels were opening up.

E. APPROVAL OF MEETING MINUTES

1. Approval of January 1, 2015 Reorganization Minutes

2. Approval of January - August 2010 Executive Minutes

Councilman Loveys made a motion to approve the Reorganization Meeting minutes from January 1, 2015. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler (absent from vote)
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

NAYS: None

Councilman Guadagno made a motion to approve the Executive Meeting minutes from January - August 2010. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES: Councilman Napoliello (abstain for 4/15/10 minutes)

NAYS: None

ABSTAIN:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Deputy Mayor Hirniak
Mayor Veech

There was a question regarding a Council member not able to vote, making a motion to approve the minutes. Attorney Buzak stated it’s a rule of necessity.

F. COMBINED ACTION RESOLUTIONS

Item #8, Authorizing Award to Tilcon and Stavola Asphalt: Councilman Guadagno asked for an explanation. Manager Mountain explained that the award is being split. The way the contract was previously awarded made it difficult for the asphalt to be valuable for those furthest from the successful bidder. They talked to the membership, and reached out to the bidders; the contract was rescinded and re-awarded as a split so there is now a north and a south division.

Item #10, Municipal Alliance grant for 2016: Councilman Guadagno asked if there was a cost associated with the grant. Manager Mountain explained that the township is obligated to provide for a match, it is built into the budget. Councilman Guadagno asked that when there is a monetary amount related to Resolutions, that it be included on the agenda. Councilman Loveys noted item #2 regarding administrative compliance and audit requirements. He asked if quarterly reports to the Council were required. Manager Mountain explained that the committee is required to report to the county quarterly in order to receive the grant.

Item #11, Authorizing Tax Credit for Block 81.03, Lot 10: Mayor Veech asked Manager Mountain to explain it since she felt the Resolution wasn’t very well written. Manager Mountain explained that the Veteran’s Administration of the Federal Government has a program when an individual receives 100% service-connected disability during an active wartime period, he/she is eligible to apply for a total property tax exemption. The owner of this property has made the application, and has been qualified by the Veteran’s Administration. He has been given a credit on this year’s tax bill, and in future years, he will not receive a bill. It is effective as long as the veteran and his spouse live in the house; the credit does not stay with the property. The township does not receive any money back from the Federal Government; they award the credit, and the township is obligated to grant it. Councilman Guadagno questioned, and Manager Mountain clarified, that this is not a refund; the individual will not be billed for taxes. The assessed value of the property is $513,200.

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

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

NAYS: None

1. Authorizing Randolph to Continue Contributing Their Fair Share Ratio to the Morris County Adaptive Recreation Program (McArp) for Recreational Services for People with Disabilities—$3,259.00

R-45-15

WHEREAS, there has been created a Morris County Adaptive Recreation Program (McArp); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost is estimated to exceed $ 300,000.00; and

WHEREAS, the Randolph Township costs with respect thereto will be approximately $ 3259.00 to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the council of Randolph Township as follows:

That Randolph Township hereby intends to join the Morris County Adaptive Recreation Program (McArp) as described above and contribute thereto in the amount not in excess of the Fair Share Assessment for one year.

2. Authorizing the Release of Monies Representing a Performance Bond for MCCPC Contract #3 to Innovative Municipal Products—$20,005.00

R-46-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Category VI of Contract #3 (Rock Salt & Liquid Calcium Chloride) to Innovative Municipal Products (US), Inc., dba Innovative Surface Solutions, on September 3, 2013, for the contract period October 15, 2013 - October 14, 2014; and

WHEREAS, Innovative Municipal Products (US), Inc. provided a certified check in the amount of $20,005.00 to cover their 100% performance bond as required in the Bid Specifications; and

WHEREAS, the one (1) year contract expired on October 14, 2014, therefore the Township on behalf of the MCCPC will release monies representing the performance bond in the amount of $20,005.00 plus accrued interest.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the monies representing the performance bond submitted by Innovative Municipal Products (US), Inc. for the award of Category VI of MCCPC Contract #3 (Rock Salt & Liquid Calcium Chloride) be released in accordance with the above calculations.

3. Authorizing Refund for Block 119, Lot 110.13 for Outside Tax Sale Certificate to Tower Fund Services—$3,398.34

R-47-15

WHEREAS, Outside Tax Sale Certificate #2016 held by Tower Fund Services, assessed to David/Gloria Dewlow, Block 119, Lot 110.13, 27 Woodmont Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,598.34, and premium in the amount of $1,800.00.

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 $3,398.34 to Tower Fund Services holder of Tax Sale Certificate #2016.

4. Authorizing Application for 2014 Recycling Tonnage Grant

R-48-15

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal programs and to continue to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records, of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for the 2014 recycling tonnage grant will memorialize the commitment of this municipality to recycling and to indicate the assent of Randolph Township Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the Randolph Township Council that Randolph Township hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Mark Caputo to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

5. Authorizing Award of Professional Services Agreement to Garden State Labs—Not to Exceed $8,200.00

R-49-15

WHEREAS, the Township of Randolph (“Township”) requires testing of samples collected for the Health Department for the 2015 calendar year; and

WHEREAS, the Township has agreed to retain Garden State Laboratories located at 410 Hillside Ave, Hillside, NJ 07205 to provide the necessary testing of samples collected for the Health Department for a total amount not to exceed $8,200 per the attached agreement; and

WHEREAS, the anticipated term of this contract is for the 2015 calendar year; and

WHEREAS, the contract with Garden State Laboratories is for a total amount not to exceed $8,200 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Garden State Laboratories 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 2015 calendar year and exceed $17,500 and the requirements of the Anti Pay-to-Play Legislation would then apply; and

WHEREAS, Garden State Laboratories has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Garden State Laboratories having an office at 410 Hillside Ave, Hillside, NJ 07205 to provide testing of samples collected for the Health Department for the 2015 calendar year.
2. 2. Garden State Laboratories shall be compensated for a total contract amount not to exceed $8,200.
3. 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. 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. 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. 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. 7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 3, 2015

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 2015 Budget, Board of Health O & E, to award a contract to Garden State Laboratories, for testing health department samples, according to its proposal submitted to the Township.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-27-330-300 - $8,200 - Pending Adoption

6. Authorizing the Award of Professional Services Agreements to American Animal Hospital, Animal Clinic of Morris Plains, and Flanders Veterinary Clinic for 2015 Veterinary Services—Not to Exceed $17,000

R-50-15

WHEREAS, the Township of Randolph (“Township”) requires veterinary services for the 2015 calendar year; and

WHEREAS, the entire aggregate contract amount is not to exceed $17,000 and is awarded to three different providers (American Animal Hospital, Animal Clinic of Morris Plains and Flanders Veterinary Clinic) who agreed to the Township of Randolph’s attached fee schedule with the understanding that the option of which provider is used, when used and how often will be at the sole discretion of the Township of Randolph; and

WHEREAS, the anticipated term of this contract is for the 2015 calendar year; and

WHEREAS, the entire aggregate contract with all three providers is for a total amount not to exceed $17,000 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, American Animal Hospital, Animal Clinic of Morris Plains and Flanders Veterinary Clinic have submitted to the Township copies of their State of NJ 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 American Animal Hospital (1202 Sussex Turnpike, Randolph, NJ 07869), Animal Clinic of Morris Plains (3009 Rt 10, Morris Plains, NJ 07950), and Flanders Veterinary Clinic (270 Rt 206, Flanders, NJ 07836) to provide veterinary services for the 2015 calendar year, with the option of which provider is used, when used and how often being at the sole discretion of the Township of Randolph
2. American Animal Hospital, Animal Clinic of Morris Plains and Flanders Veterinary Clinic shall be compensated for services rendered per the attached fee schedule.
3. The entire aggregate contract amount will not exceed $17,000.
4. The contracts with said providers are for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
5. The awards are 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.
6. 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.
7. 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.
8. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 3, 2015

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, has ascertained that funds will be available in the Dog Trust Fund, to award a contract to the American Animal Hospital, Animal Clinic of Morris Plains and Flanders Veterinary Clinic, for veterinary services, according to their proposals submitted to the Township.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 12-225-00-000-002 - $17,000

7. Authorizing Appropriation Reserve Transfers Totaling $3,500.00

R-51-15

WHEREAS, per N.J.S.A. 40A:4-59, a municipality may during the first three months of a fiscal year transfer amounts from appropriation reserves where there are excess balances to appropriation reserves that are deemed to have insufficient balance; and

WHEREAS, there is a need to transfer amounts from the following appropriation reserves with excess balances to the following appropriation reserves that are deemed to have insufficient balances:

NOW, THEREFORE BE IT RESOLVED, by the Randolph Township Council, County of Morris, State of New Jersey that the above appropriation transfers be made.

8. Authorizing Award to Tilcon New York for the Northern Region and to Stavola Asphalt for the Southern Region and Rejection of Stavola Asphalt for the Northern Region on a Portion of Contract #5 for Paving Materials

R-52-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for a re-bid of a portion of Contract #5 (Paving Materials), Category I; and

WHEREAS, bids had been advertised and received on January 29, 2015, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received; and

WHEREAS, the membership counties have been divided into “northern” and “southern” regions in order for the members to be able to pick up hot paving materials from the vendor depots and return to their towns with viable material; and

WHEREAS, Stavola Asphalt Company in Tinton Falls, New Jersey, was the apparent low bidder for the northern region, however they do not provide any information for depots in the northern region as was required in the bid specifications thereby making Stavola non-responsive and their bid for the northern region must be rejected; and

WHEREAS, Tilcon New York in Wharton, New Jersey, was the lowest responsive and responsible bidder for the northern region as shown on the attached Notification of Award for a one year contract; and

WHEREAS, Stavola Asphalt Company in Tinton Falls, New Jersey, was the lowest responsive and responsible bidder for the southern region as shown on the attached Notification of Award for a one year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Category I of Contract #5 (Paving Materials) as noted above for the term of January 1, 2015 - December 31, 2015.

BE IT FURTHER RESOLVED that the Council authorizes the rejection of the bid from Stavola Asphalt Company for the northern region as stated above.

9. Directing and Authorizing Planning Board Re-Examination of the Master Plan

R-53-15

WHEREAS, the Planning Board of the Township of Randolph has been organized in accordance with N.J.S.A. 40:55D-23 et seq., and;

WHEREAS, the Planning Board has the statutory power to prepare a Master Plan, pursuant to N.J.S.A. 40:55D-28; and

WHEREAS, pursuant to N.J.S.A. 40:55D-89, the Township Council of the Township of Randolph is required, at least once every ten (10) years, to provide for a general reexamination of the Master Plan and development regulations, the results of which are to be documented in a report prepared and adopted by the Planning Board; and

WHEREAS, it has been nine (9) years since the adoption of the Township’s Master Plan, and a reexamination is appropriate at this time; and

NOW THEREFORE BE IT RESOLVED that the Township Council of Randolph Township directs and authorizes the Planning Board of the Township of Randolph to undertake a general reexamination of the Township’s Master Plan, pursuant to N.J.S.A. 40:55D-89.

10. Authorizing Submission of Plan for the Municipal Alliance Grant for 2016 for the Governor’s Council on Alcoholism and Drug Abuse and Acknowledgement of Terms and Conditions

R-54-15

WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, non-profit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey; and

WHEREAS, the Township Council of the Township of Randolph, County of Morris, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and

WHEREAS, the Township Council further recognizes that it is incumbent upon not only public officials, but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Township Council has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Morris;

NOW, THEREFORE, BE IT RESOLVED, by the Township of Randolph, County of Morris, State of New Jersey hereby recognizes the following:

1. The Township Council does hereby authorize submission of a strategic plan for the Randolph Municipal Alliance grant for fiscal year 2016 in the amount of:
   DEDR 17,248
   Cash Match 4,312
   In-Kind 12,936
2. The Township Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

11. Authorizing Tax Credit for 2015 for Block 81.03, Lot 10—$513,200.00

R-55-14

WHEREAS, Block 81.03 Lot 10, is assessed in the 2015 Tax List for a total of $513,200 (assessed value); and

WHEREAS, the property owner was deemed permanently 100% disabled by the Veteran’s Administration, in 2014. The taxpayer purchased a home in Randolph, December of 2014 and made application on December 31, 2014, resulting in a tax-exempt status for 2015. This tax exempt status will remain in effect, providing the disabled veteran owns the home. For subsequent years the tax exemption will be classified a 15f and will not receive a bill for 2016 and forward

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to credit the account of Block 81.03 lot 10 for the 2015 tax year.

12. Raffle License, Tricky Tray, Morristown Alumnae Fortitude Foundation, on March 7, 2015 at the Skylands at Randolph, 792 Route 10, Randolph from 12 noon to 4:00 p.m.

13. Raffle License, On-Premise 50/50, Morristown Alumnae Fortitude Foundation, on March 7, 2015 at the Skylands at Randolph, 792 Route 10, Randolph from 12 noon to 4:00 p.m.

G. UPCOMING EVENTS

1. “State of the State” Morris County League of Municipalities meeting—Wednesday, February 18th at 5:15 p.m., Birchwood Manor, 111 N. Jefferson Road, Whippany
2. Habitat for Humanity Hearts and Hammers Gala—Saturday, February 28th at 6:00 p.m., Meadow Wood Manor, 461 Route 10 East, Randolph
3. Randolph Chamber of Commerce Luncheon at LaStrada—Thursday, February 19th at 11:45 a.m.
4. Randolph Chamber of Commerce After Hours—AAA Northwest - Roxbury Mall, 275-33 Route 10 East, Succasunna—Thursday, March 4th at 5:00 p.m. (Randolph and Roxbury invited)
5. Community Wellness Day—Randolph Middle School, Millbrook Avenue, Randolph on March 7th from noon to 3 p.m. - rain or shine

H. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 01-15: Lot Grading Permit of the Land Development Ordinance

Mayor Veech stated that the Ordinance was being carried to the March 10, 2015 Council meeting.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE RE-ADOPTING SECTION 15-52, LOT GRADING PERMITS, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the Ordinance needs to be carried to the March 10th meeting because the Planning Board was scheduled to review it at their meeting on February 2nd; however the meeting was canceled due to weather conditions.

Attorney Buzak stated that they could have the public hearing and not adopt the Ordinance, or they could carry it to another meeting. He recommended that the Ordinance and public hearing be carried to a future meeting.

Councilman Guadagno made a motion that Ordinance 01-15 be carried to the March 10, 2015 Council meeting, including the public hearing, with no further notice. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

I. ORDINANCES: INTRODUCTION

1. Ordinance No. 2-15: Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank

Manager Mountain explained that the state allows municipalities to bank unused dollars within the appropriation cap; the original cap, not the levy cap. The reason for the Ordinance is that it provides for the township to reserve funding against the appropriation cap, and provides flexibility in case of an unanticipated event.

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2015 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” 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 19th of February 2015 at 7:00 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

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

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

NAYS: None

2. Ordinance No. 3-15: Accepting an Access and Utility Easement over a Portion of Block 195, Lot 3 from the MC Housing Authority

Manager Mountain explained that the township has been working with the Morris County Housing Authority on gaining access to the Rosenfarb park property off Bennett Avenue. The Ordinance allows for the access easement that has been arranged with the Morris County Housing Authority; it provides access for the public to cross the property as well as a utility easement.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE ACCEPTING AN ACCESS AND UTILITY EASEMENT OVER A PORTION OF BLOCK 195, LOT 3 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM THE MORRIS COUNTY HOUSING AUTHORITY” 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 19th of February 2015 at 7:00 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

Councilman Guadagno made a motion to accept the Ordinance. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

J. DISCUSSION ITEMS

1. Cell Tower Update

Manager Mountain stated that this discussion is a continuation of the discussion that was heard at the January 15th Council meeting. He had distributed a memorandum to the Council summarizing what the work group has covered during their meeting. The group was asked to review the three options for the tower design: lattice, monopole, and tree camouflage. After some discussion, the work group unanimously recommended the monopole design due to it being the easiest and least costly to maintain as well as it best integrating with the surroundings of the Municipal Complex. It was felt by the work group that the camouflage tree design would look out of place in this location, and the lattice tower’s bulk would stand out more dramatically than the monopole.

The Council supported the recommendation by the Communication Tower Work Group for the tower to be a monopole design.

K. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she assumed the auxiliary gym in the middle school would again be used for the Community Wellness Day. Mrs. Stewart expressed her concern over the lack of accessibility for handicapped individuals, and asked if there was a snow date. Manager Mountain reported that he thought they were using a larger area this year, including the cafeteria. He said he would follow up with the organizers regarding accessibility and a snow date, and follow up at the next Council meeting.

L. COUNCIL COMMENTS

Councilman Napoliello stated that he felt the DPW did a good job on the roads under very adverse conditions. Manager Mountain said he would pass along the comment.

Mayor Veech stated that she and Deputy Mayor Hirniak attended the Board of Education meeting on January 29th. The following was discussed at the meeting:

• There will be full day kindergarten beginning September 2015.
• The Board of Ed is building a maintenance building behind their offices.
• The employee contract negotiations with the Teamsters, REA, and RTAA are not going as well as the Board of Ed would like.
• The 2015-2016 Board of Ed budget will be coming in at, or around, 2%; they will share their budget with the Council as they have in the past.
• The February 11th educational subcommittee meeting will have Jesse Spencer, the Athletic Director, discuss the future of the Share the Keys program. It will be at the Board of Ed offices at 6:00 pm.
• The summer bussing situation; the township uses their buses.
• Manager Mountain presented the township’s employee contract negotiations, the outlook of the township budget, the communication tower, the Sussex Turnpike realignment, and the Parks Master Plan.

Mayor Veech reported that at the Parks Master Plan meeting, the questionnaire which will go online has mostly been agreed upon; it is a subset of a statistically valid survey that will be sent randomly to the residents. There are approximately 15 slots for stakeholders’ meetings, and the group tentatively determined what the groups of stakeholders would be.

Mayor Veech also reported that she, Jesse Spencer, Marybeth Foran, Patrolman Jason Gould, Chief Stokoe, Jim Marasca, Audrey Verona, Manager Mountain, Judge Cohen, and Harry Ruiz met regarding the Share the Keys program. They discussed the history of the program, the importance of the Judge and facilitator being in attendance, and having police presence. The meeting was very productive.

Councilman Hirniak reported that on Monday, February 9th he would be attending the Mayor’s Breakfast with Congressman Frelinghuysen in Mayor Veech’s place. He will also be attending the Morris County EDC quarterly meeting on Thursday, February 12th in Madison. Councilman Hirniak will also attend the Trenton Update meeting with Assemblyman Bramnick at the Madison Hotel on February 18th.

Councilman Forstenhausler reported that he attended the kickoff meeting for Relay for Life. He stated the people are very dedicated to raising money for cancer research. It will be at County College of Morris on June 6, 2015. They are seeking people to create relay teams. Mayor Veech will be meeting with the coordinator of the event who is a Randolph resident.

Councilman Guadagno stated that he wanted to thank the Board of Education for beginning full day kindergarten. He also asked why the meeting between the EDC businessmen and the schools had gotten canceled. Manager Mountain explained what had happened, and stated that the EDC subcommittee is meeting with the schools in the next couple of weeks to create a more formal team; a partnership between the schools and the EDC for the planning.

Mayor Veech stated that Congressman Frelinghuysen had asked Mayors if there were any Federal issues related to the municipality that they would like to bring to his attention to address at the Mayor’s Breakfast. Mayor Veech stated that Manager Mountain had said that he would distribute a questionnaire to staff to find out if there were any Federal issues, and would then distribute it to the Council. Manager Mountain stated he would provide it by the end of the week. Mayor Veech asked Council members to think about if they had any issues to either include on the questionnaire or have Deputy Mayor Hirniak address with Congressman Frelinghuysen at the breakfast.

M. EXECUTIVE SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from the remaining portion of the meeting.

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

Update—Westminster-Kushner Revised Settlement Agreement
Litigation Update—Jersey City

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 may reconvene in public session for the purpose of taking formal action.

Councilman Forstenhausler made a motion to move into Executive Session at 7:58 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to return to Open Session at 8:48 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

N. ADJOURNMENT

Deputy Mayor Hirniak made a motion to adjourn the meeting at 8:48 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None