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

Minutes: February 6, 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, 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 12, 2013.

2. Roll Call

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

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

3. Mayor Loveys led the Pledge of Allegiance.

B. INTERVIEWS

1. Interviews of Council Candidates to Fill Vacant Council Seat

Mayor Loveys explained that there was a Council vacancy due to the resignation of Councilman Tom MacArthur. The Randolph Republican County Committee met and selected 3 candidates.

Mark Forstenhausler:

Lives at 4 Heather Lane in Randolph for just over 19 years with his wife Susan. Daughter Lauren is 15 and attends Randolph High School.
Parents were volunteers. He was a volunteer firefighter in North Caldwell for 17 years before moving to Randolph. Served there as President of the Association, Lieutenant Captain and Assistant Chief. Joined the Randolph Fire Department, became Assistant Chief of Company 2, Chief of Company 2, then elected Deputy Chief and Township Fire Chief for two years also. Life Member of the NJ State Fireman’s Relief Association, member of the NJ State Fireman’s Exempt Association, Life Member of the North Caldwell Fire Department, Life Member of the Randolph Fire Department, member of the Morris County Fire Chief’s Association, and also served as Vice President of Company 2 Fire Association.
As Fire Chief he was involved in the purchase of 3 fire apparatus for the township. He was involved with the bidding processes and bonding and understands how that works. Also wrote 3 budgets for the Fire Department and worked with the Township Manager and the Financial Officer in terms of budgeting and increases.
Serving on the Board of Adjustment in Randolph. Has learned a lot about land use which would help him on the Council.
Earned his Eagle Scout.
Earned his Bachelor’s Degree in History from Montclair State College. Has always been interested in history and government.
Business Manager at Fiat of Morris County in Denville.

Marie Potter:

Has lived in Randolph for 15 years with her husband John and 4 children.
Background is engineering. Has a Bachelors Degree in Electrical Engineering & Computer Science and a Masters Degree in Computer Science from Stevens Institute of Technology.
Has worked for major computer companies like Hewlitt Packard and Microsystems. I’ve had technical support roles there. Has also sold computers in the pharmaceutical industry and on Wall Street.
Began own consulting company and consulted for pharmaceutical companies.
President of the Girls’ High School Booster Club.
Was on the Center Grove Board and chaired a Playground Committee. There were two committees, a finance committee, and a building committee and we built a playground. Did fundraising at Center Grove to get a computer for every teacher in the school, they all had laptops by the time we left there.
Has been a basketball coach in town for her daughters and has been on the girls’ basketball committee.
Started a program in town called Cornerstone which is at Resurrection and St. Matthew’s parishes. It has also been brought to other churches in town.
First Vice President of the Republican Committee in Randolph.
On the Recreation Committee in Randolph.
Founding member of the Randolph Education Foundation. The two personal accomplishments: 1. Started the Randolph Rocks race, the first race director and organized the entire event. The event continues each year and raises money for the school system. 2. Started “second pair” which was a way to get clothing for kids in town who didn’t have appropriate clothing. If they only had one pair of jeans or they didn’t have warm sweatshirts to wear, we would do the fundraising for that to help those kids.

Lance Tkacs:

Lives at 10 Ellam Drive for the past 16 years with wife Kim and three children. Two children are Randolph High School graduates, one in grad school and one a junior in college. We also currently have a junior in high school.
Director of Operations for Protemein Chemicals. Has worked in several different areas for companies such as Colgate Palmolive and L’Oreal in the personal care industry. I’m a mechanical engineer. Has had a wide range of different managerial experiences professionally.
Has been the Board President for the Somerset Red Cross.
Has been the Treasurer of the Randolph Republican Club.
Newly elected Vice President of the County Committee.
Has volunteered as a basketball coach and a soccer coach in Randolph.
Would be a good candidate to be on the Council, brings sincerity and logic to the table. Really cares about the community of neighbors and friends in Randolph, loves Randolph, and looks forward to helping out in any possibly way.

Council Discussion on the Three Candidates:

Mayor Loveys thanked the three candidates for coming and for their interest in serving on the Council.

Councilman Guadagno made a motion to nominate Mark Forstenhausler to fill the vacancy on the Council. Councilwoman Carey seconded the motion, and the following role call vote was taken:

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

NAYS: None

2. Appointments: Appoint Council Member and Appoint Prosecutor

Mark Forstenhausler was sworn in by the Township Clerk while his wife Susan held the bible.

Mayor Loveys explained that the Randolph Township Prosecutor was provided a Superior Court judgeship. Councilman Hirniak chaired a three person work group including Councilman Guadagno and Councilman Napoliello.

Council Hirniak reported that six resumes were received and five candidates were interviewed. The members of the work group recommended Matthew Petracca be appointed Municipal Prosecutor for Randolph Township for the remainder of the 2014 calendar year. He will begin on February 12, 2014.

Councilman Hirniak made a motion to appoint Matthew Petracca to serve as Municipal Prosecutor for Randolph Township for the remainder of the 2014 calendar year. Councilman Napoliello seconded the motion, and the following role call vote was taken:

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

NAYS: None

C. RECOGNITION/PROCLAMATION

1. Eagle Scout John Andrew Hofstetter

2. Eagle Scout John E. Mathews

Mayor Loveys commended and congratulated the two Eagle Scouts on behalf of the Township Council. Deputy Mayor Veech presented each one with a pin and a plaque, and read the proclamations:

John Andrew Hofstetter:

WHEREAS, John Andrew Hofstetter, a Randolph Township resident, is a member of the Boy Scouts of America, Boy Scout Troop #53, chartered through the Shongum Mountain Fire Company; and

WHEREAS, John Andrew Hofstetter has achieved the rank of Eagle Scout in the Boy Scouts of America; and

WHEREAS, in accomplishing this, John Andrew Hofstetter, solicited the help of scout volunteers and his local community of friends and family, to assist him in undertaking the project of rebuilding the Shongum Lake Swim Team shed, along with the beautification of the swimming lane area; and

WHEREAS, the storage shed had become an eyesore and a danger for patrons and has now been replaced with a durable and sturdy structure safe for all to use; and

WHEREAS, the community board, table, and benches were sanded and painted and now match other similar structures on the beach; and

WHEREAS, John Andrew Hofstetter’s efforts not only benefit the Shongum Lake Property Owner’s Association and Shongum Swim Team, but its many guests throughout the Northwestern part of New Jersey; and

WHEREAS, in achieving this accomplishment, John Andrew Hofstetter has reached the zenith of Scouting and, as such, is a source of pride and inspiration for all of Randolph.

NOW, THEREFORE, BE IT PROCLAIMED by Randolph Township that Eagle Scout John Andrew Hofstetter is recognized and congratulated for this exceptional achievement.

John E. Mathews:

WHEREAS, John E. Mathews, a Randolph Township resident, is a member of the Boy Scouts of America, Boy Scout Troop #777 in Montville; and

WHEREAS, John E. Mathews has achieved the rank of Eagle Scout in the Boy Scouts of America; and

WHEREAS, in accomplishing this, John E. Mathews built wooden benches for Morris County’s newly developed Central Park; and

WHEREAS, the benches overlook the cross country course, giving spectators a clear view of the finish line as well as providing a place to rest with a wonderful view of the southern park area and the trees and valley beyond the park borders ; and

WHEREAS, in achieving this accomplishment, John E. Mathews has reached the zenith of Scouting and, as such, is a source of pride and inspiration for all of Randolph.

NOW, THEREFORE, BE IT PROCLAIMED by Randolph Township that Eagle Scout John E. Mathews is recognized and congratulated for this exceptional achievement.

John Hofstetter and John Mathews explained their Eagle Scout projects.

D. OPEN TO THE PUBLIC

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

E. MANAGER’S REPORT

December Revenue/Expenditure Report—Operating Fund
December Revenue/Expenditure Report—Water and Sewer
Statement of Operations—2013

Manager Lovell reported:

The most important number to look at is the Fund Balance as of December 31. The Fund Balance improved by close to $600,000 from this year over last year.
A consultant for Verizon contacted the Manager. The Council’s special committee undertook emergency communications review and had recommended the hiring of a consultant to assist in considering cell availability in this area as well as the impacts of creating a tower on the municipal site. He believed he would be receiving a letter of interest from Verizon for a site lease. He also contacted the previous consultant to ask them to come on board again to provide guidance in creating the bid document and specifications and lease conditions so as to protect Randolph Township.
In regard to the cell tower, there is an issue with co-location and the FCC. Manager Lovell corresponded with Congressman Rodney Frelinghysen and received a letter from him indicating that he contacted the FCC on behalf of the township. The American tower is probably the most significant tower between New York and either Philadelphia or Washington DC.
The township is running low on road salt, there is enough for the next storm. The use of brine will be increased until more salt is delivered.

F. APPROVAL OF MEETING MINUTES

1. Authorizing Approval of Meeting Minutes for August 1, 2013, August 12, 2013, September 17, 2013, October 3, 2013, and October 15, 2013

Mayor Loveys made a motion to approve the minutes of August 1, August 12, September 17, October 3 and October 15 with the understanding that:

Councilman Hirniak abstained to August 1 and October 15 minutes
Councilwoman Carey abstained to August 12 minutes
Councilman Napoliello abstained to October 3 minutes.

Councilman Guadagno seconded the motion and the following role call vote was taken:

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

ABSTAIN: Councilman Forstenhausler

NAYS: None

G. COMBINED ACTION RESOLUTIONS

Councilman Guadagno made a motion to accept the Combined Action Resolutions. Deputy Mayor Veech seconded the motion, and the following role call vote was taken:

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

ABSTAIN: Councilman Forstenhausler

NAYS: None

R-60-14

1. Refund Overpayment of 2013 Taxes for Block 84, Lot 5 to Wanda Carter—$250.00

WHEREAS, Wanda Carter overpaid 2013 taxes by reason of Veteran’s deduction in the amount of $250.00 on Block 84, Lot 5, 53 Carrell Road; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $250.00 to Wanda Carter.

R-61-14

2. Awarding a Contract for Development of a New Digital State-Certified Tax Map to Civil Solutions—Not to Exceed $185,000

WHEREAS, the Township of Randolph was ordered by the Morris County Board of Taxation to conduct a revaluation by September 30, 2016; and

WHEREAS, a comprehensive revision of the tax maps must be accomplished before the Township of Randolph can proceed with the ordered revaluation; and

WHEREAS, the furnishing of a tax map or maps is an exception under Local Public Contracts Law to the public advertising and bidding requirements per N.J.S.A. 40A:11-5(1)(d); and

WHEREAS, Civil Solutions provided a proposal for the not to exceed amount of $185,000 to complete the Township of Randolph’s new, State-certified Tax Map and related GIS data; and

WHEREAS, the Township Engineer contacted Boswell Engineering who advised that their cost to perform the same work would be about double the price of Civil Solution’s proposal; and

WHEREAS, in 2007 Civil Solutions provided excellent performance in updating Randolph’s tax maps making corrections and incorporating new subdivisions resulting from rapid development; and

WHEREAS, the Township Engineer, the Planning and Zoning Administrator, the Tax Assessor and the Township Manager met with Civil Solutions to discuss their proposal; and

WHEREAS, the Township Manager and professional staff noted above desire to award a contract to Civil Solutions based upon the work performed by Civil Solutions in 2007 for Randolph and the comprehensive proposal offered.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Civil Solutions of Hammonton, NJ for the total not to exceed amount of $185,000 for comprehensive revision of the tax maps effective February 7, 2014 until project completion.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: Feb 6, 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. Capital Outlay-Tax Assessor (O&E) to award a contract to Civil Solutions to the development of a new state certified tax map in an amount not to exceed $185,000.

________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 01-201-47-903-010

R-62-14

3. Refund Escrow for 4 Horizon Ct. to Eleven Calais, LLC, c/o James Wiggins—$865.00

WHEREAS, the Planning and Zoning Department received escrow funds from Eleven Calais, LLC, c/o James Wiggins, 4 Horizon Ct., Randolph, NJ, Block 92, Lot 11, 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 $865.00 be refunded to Eleven Calais, LLC, c/o James Wiggins, 4 Horizon Ct., Randolph, NJ 07869.

_______________________________________
Darren Carney, Planning & Zoning Administrator

R-63-14

4. Release Escrow Funds for 5 Starling Road to Angelo Sansano—$757.00

WHEREAS, the Planning and Zoning Department received escrow funds from Angelo Sansano, 5 Starling Road, Randolph, NJ, Block 112, Lot 36, 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 $757.00 be refunded to Angelo Sansano, 5 Starling Road, Randolph, NJ 07869.

_______________________________________
Darren Carney, Planning & Zoning Administrator

R-64-14

5. Release of Maintenance Guarantee for Sewer Improvements at CVS Pharmacy—$20,160.95

WHEREAS, Engineering has received a request from CVS, for the release of the maintenance guarantee for the sewer system constructed at Block 44, Lot 14.02 on Route 10 at Dover Chester Road; and

WHEREAS, the maintenance guarantee consisted of a bond, No. 015031635, issued by Liberty Mutual, in the amount of $20,160.95 and was received by the Engineering Department on September 8, 2011; and

WHEREAS, the Developer was required to post a maintenance guarantee in the amount of $20,160.95 for a period of two years following acceptance. The Engineering Department has inspected the site and found the sewer improvements to be satisfactory and recommend the release of Maintenance Bond No. 015031635.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that the Maintenance Bond, No. 015031634, in the amount of $20,160.95, be released to CVS 6872 NJ, LLC, One CVS Drive, Woonsocket, RI 02895.

R-65-14

6. Authorize Tax Credit for 2004 to Block 42, Lot 3.01—Dedicated to Township January 4, 2004—$229.62

WHEREAS, Block 42 Lot 3.01, was dedicated to Randolph Township by deed dated January 4th 2004; and

WHEREAS, this lot should be tax exempt for the year 2004.

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 42 Lot 3.01 for the taxes in the amount of $229.62.

R-66-14

7. Authorizing Re-Award of MCCPC Contract #8 to Partner Supply Corp for Anti-Freeze

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #8 (Anti-Freeze); and

WHEREAS, bids had been advertised and received on October 1, 2013, in accordance with Local Public Contracts Law; and

WHEREAS, the Randolph Township Council awarded Contract #8 (Anti-Freeze) to Bi-Lo Industries on November 21, 2013; and

WHEREAS, it was discovered that one of the items being provided by Bi-Lo under Contract #8 (Anti-Freeze) did not comply with the bid specifications, rendering Bi-Lo Industries non-responsive; and

WHEREAS, the Randolph Township Council rescinded the award of Contract #8 (Anti-Freeze) from Bi-Lo Industries on January 14, 2014; and

WHEREAS, the second low bidder for this contract, MetroLube, was also offering a product that did not comply with the bid specifications; and

WHEREAS, the third low bidder, Partner Supply Corporation, is in compliance with the bid specifications and has agreed to hold the pricing submitted on their bid proposal for the term of the contract as shown on the attached Notification of Award; and

WHEREAS, it is in the best interests of the MCCPC to award Contract #8 (Anti-Freeze) to Partner Supply Corporation.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #8 (Anti-Freeze) to Partner Supply Corporation for the term of January 1, 2014 - December 31, 2014.

R-67-14

8. Refund Outside Tax Sale Certificate for 41 Sandra Lane to US Bank—$3,626.18

WHEREAS, Outside Tax Sale Certificate #1846 held by US Bank for Pro Capital, I, assessed to Louise Ardissone, Block 133 , Lot 23, 41 Sandra Lane; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,626.18.

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 $3,626.18 to US Bank Cust for Pro Capital I, holder of Tax Sale Certificate #1846.

R-68-14

9. Refund Outside Tax Sale Certificate for 162 W. Hanover Ave. to Pro Capital Fund—$1,322.02

WHEREAS, Outside Tax Sale Certificate #1848 held by Pro Capital Fund I, assessed to Michael/Patricia Herbert, Block 215, Lot 20, 162 W. Hanover Ave.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,322.02.

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 $1,322.02 to Pro Capital Fund I , holder of Tax Sale Certificate #1848.

R-69-14

10. Shared Service Agreement with Roxbury for Construction Code Services

WHEREAS, there is a need to enter into an agreement between the Township of Roxbury and Randolph Township for Construction Code Services; and

WHEREAS, both parties agree to abide by the terms set forth in the Agreement dated February 6, 2014, attached hereto.

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

R-70-14

11. Purchasing Authorization under State Contracts

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c), may, by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

WHEREAS, the Township of Randolph has the need on a timely basis to purchase goods and services utilizing State contracts; and

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

NOW, THEREFORE, BE IT RESOLVED, that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from those approved New Jersey State Contract Vendors on the attached list, pursuant to all conditions of the individual State 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 State Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

R-71-14

12. Purchasing Authorization under Morris County Cooperative Pricing Council

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 MCCPC 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 MCCPC Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MCCPC Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

R-72-14

13. Purchasing Authorization under the Middlesex Regional Educational Services Commission Cooperative Pricing System (MRESC)

WHEREAS, the Township of Randolph has the need on a timely basis to purchase goods and services utilizing the MRESC of which it is a member; and

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MRESC Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

R-73-14

14. Rescind PSA from St. Clare’s for Pre-Employment/Volunteer Health Screening and Re-Awarding PSA to Atlantic Corporate Health

WHEREAS, the Township of Randolph (“Township”) requires Corporate Health Services (pre-employment, pre-volunteer exams and drug testing) for the 2014 calendar year; and

WHEREAS, via R 18-14 the Township previously awarded a Professional Services Agreement to St. Clare’s to provide Corporate Health Services (pre-employment, pre-volunteer exams and drug testing) for the 2014 calendar year; and

WHEREAS, after the award, the Township was informed that St. Clare’s will no longer be providing Corporate Health Services as of February 12, 2014; and

WHEREAS, the Township Nurse and Purchasing Agent met with Atlantic Corporate Health to discuss the Township’s needs and were satisfied with Atlantic Corporate Health’s ability to perform the services; and

WHEREAS, the Township has agreed to retain Atlantic Corporate Health located at 435 South Street, Ste 120, Morristown, NJ 07960 to provide the necessary Corporate Health Services (pre-employment, pre-volunteer exams and drug testing) for a total amount not to exceed $8,500 per the attached proposal; and

WHEREAS, the attached fees are good through June 2014 at which point Atlantic Corporate Health performs a review of their fees and will increase if they determine it necessary; and

WHEREAS, if the fees are increased, Council will be so advised; and

WHEREAS, the anticipated term of this contract is from February 7, 2014 through December 31, 2014; and

WHEREAS, the contract with Atlantic Corporate Health is for a total amount not to exceed $8,500 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Atlantic Corporate Health 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:

The Township hereby hires, employs and retains Atlantic Corporate Health having an office at 435 South Street, Ste 120, Morristown, NJ 07960 to provide Corporate Health Services (pre-employment, pre-volunteer exams and drug testing) from February 7, 2014 through December 31, 2014.
Atlantic Corporate Health shall be compensated for a total contract amount not to exceed $8,500.
The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: Feb 6, 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, Pre-employment Physicals account to award a contract to Atlantic Corporate Health for pre-employment physicals, volunteer physicals and drug testing at rates per Atlantic’s proposal in an amount not to exceed $8,500.

________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 01-201-20-130-301

R-74-14

15. Authorizing a Time Extension for a PSA to Jaman Engineering for Surveying Services in Connection with Open Space Property for Block 49, Lot 2—at No Additional Cost

WHEREAS, the Township of Randolph (“Township”) adopted Resolution 250-12 on August 2, 2012 awarding a one-year professional services agreement to Jaman Engineering Associates for surveying services in connection with an Open Space Property Survey of Block 49, Lot 2; and

WHEREAS, the Planning and Zoning Administrator has advised that the work is still not completed and that Jaman Engineering Associates requires additional time for performing the services; and

WHEREAS, the original contract amount of $20,500 will not increase as a result of this time extension.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey that the professional services agreement awarded to Jaman Engineering Associates for surveying services in connection with an Open Space Property Survey of Block 49, Lot 2 be extended to June 30, 2014 at no additional cost to the Township.

R-75-14

16. Authorizing a Time Extension for a PSA to Jaman Engineering for Surveying Services in Connection with an Open Space Property for Block 49, Lot 3—at No Additional Cost

WHEREAS, the Township of Randolph (“Township”) adopted Resolution 252-12 on August 2, 2012 awarding a one-year professional services agreement to Jaman Engineering Associates for surveying services in connection with an Open Space Property Survey of Block 49, Lot 3; and

WHEREAS, the Planning and Zoning Administrator has advised that the work is still not completed and that Jaman Engineering Associates requires additional time for performing the services; and

WHEREAS, the original contract amount of $23,500 will not increase as a result of this time extension.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey that the professional services agreement awarded to Jaman Engineering Associates for surveying services in connection with an Open Space Property Survey of Block 49, Lot 3 be extended to June 30, 2014 at no additional cost to the Township.

R-76-14

17. Authorizing a Time Extension for a PSA to Jaman Engineering Associates for Professional Surveying Services at Block 115, Lots 76.04 and 84 Fords Road

WHEREAS, the Township of Randolph (“Township”) adopted Resolution 285-11 on November 3, 2011 awarding a one-year professional services agreement to Jaman Engineering Associates for professional surveying services for Block 115, Lots 76.04 and 84—Fords Road; and

WHEREAS, the Planning and Zoning Administrator has advised that the work is still not completed and that Jaman Engineering Associates requires additional time for performing the services; and

WHEREAS, the original contract amount of $21,000 will not increase as a result of this time extension.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey that the professional services agreement awarded to Jaman Engineering Associates for professional surveying services for Block 115, Lots 76.04 and 84—Fords Road be extended to June 30, 2014 at no additional cost to the Township.

R-77-14

18. Authorizing Manager to Sign NJDEP Treatment Works Approval Permit Application for Sussex Turnpike Interceptor Sewer Project and the Mt. Pleasant Road Pump Station

WHEREAS, endorsing an application for Treatment Works Approval for the construction of a sanitary sewer pump station, force main and gravity main associated with the Butterworth Sewer Upgrades with the Township of Morris; and

WHEREAS, Randolph Township is obligated to construct new sanitary sewer facilities in accordance with the Butterworth sewer agreement with the Township of Morris. The sanitary sewer facilities will include a pump station, force main and approximately 7,000’ liner feet of gravity sewer main; and

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

WHEREAS, the pump station, force main and gravity main will be owned and operated by the Township of Randolph; and

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

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

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

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

R-78-14

19. Authorizing Rescission of a Portion of MCCPC Contract #48 for Equipment Parts for Turf Care

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #48 (Equipment Parts for Turf Care); and

WHEREAS, bids were advertised and received on June 18, 2013 in accordance with Local Public Contracts Law; and

WHEREAS, the Township awarded Category 1 (The Toro Company Commercial Parts Price List) and Category 2 (The Case Corporation Agricultural Parts Price List) of Contract #48 (Equipment Parts for Turf Care) to the Storr Tractor Company on June 27, 2013; and

WHEREAS, the Storr Tractor Company submitted a bid for the November 1, 2012 price list for Toro products; and

WHEREAS, the Storr Tractor Company submitted a bid for the April 1, 2013 price list for the Case Corporation products; and

WHEREAS, as stated in the Bid Specifications, all bids and pricing must be held firm throughout the term of the contract; and

WHEREAS, the MCCPC was advised that Storr Tractor Company was using a subsequent price list for Toro products; and

WHEREAS, the MCCPC contacted Storr Tractor Company and advised them that the contract prohibited the use of an alternate price list and requested they use the price list bid; and

WHEREAS, Storr Tractor has advised the MCCPC that they will not honor the price lists as bid on their bid proposal for Toro products and for Case products; and

WHEREAS, it is recommended that Storr Tractor be found to be in default of Contract #48 (Equipment Parts for Turf Care) and the portion of Contract #48 previously awarded to Storr Tractor Company be rescinded; and

WHEREAS, since there were no other bidders for these two categories and Contract #48 (Equipment Parts for Turf Care) is due to expire on June 30, 2014, it is not recommended that the MCCPC go out to rebid at this time.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, hereby finds Storr Tractor Company to be in default of Contract #48 and approves the rescission of Category 1 and Category 2.

R-79-14

20. Authorizing Road Closures for Annual Triathlon by the Paramount Adventure Club on July 13, 2014

WHEREAS, Mike Nusbaum, President of the Paramount Adventure Club and Race Director for the Randolph Lake Triathlon, is requesting Randolph Township’s support and cooperation for their Annual Triathlon competition on Sunday, July 13, 2014 in Randolph; and

WHEREAS, this event raises money for the Lakeland Youth Track and Field League as well as several other community organizations; and

WHEREAS, the bicycle race segment will primarily be held in Randolph and will require police assistance in making the roads safe.

WHEREAS, the roads affected are as follows: Sussex Tpke (closed completely between Rte 10 and Canfield Ave), Green Lane, Park Ave., Dover-Chester Road, and Pleasant Hill Road.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey that the Township Council lends it support for the Annual Triathlon competition.

R-80-14

21. Authorizing Endorsement of Recycling Tonnage Grant Application for 2013

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 2013 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.

R-81-14

22. Amend PSA w/Hatch Mott MacDonald—Butterworth Phase I—Contract Supervision and Inspection Services—Contract Amended 12/5—$22,320—Proposed Amendment #2—$22,315

WHEREAS, the Township of Randolph (“Township”) requires additional inspection services for the Construction Phase of the Butterworth Interceptor Upgrade—Raynor Project until the Construction Phase is fully completed over and above the additional inspection services totaling $22,320 authorized via R 383-13; and

WHEREAS, the Township has agreed to another increase in inspection services for the Construction Phase of the Butterworth Interceptor Upgrade—Raynor Project by Hatch Mott MacDonald Group located at 111 Wood Avenue South, Iselin, NJ 08830-4112 for an additional amount of $22,315 per their proposal; and

WHEREAS, the anticipated term of this contract is until the Butterworth Interceptor Upgrade—Raynor Project Construction Phase is fully completed; and

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

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

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

The Township hereby approves additional inspection services for the Construction Phase of the Butterworth Interceptor Upgrade—Raynor Project until the Construction Phase is fully completed to be performed by Hatch Mott MacDonald Group having an office at 111 Wood Avenue South, Iselin, NJ 08830-4112.
Hatch Mott MacDonald Group shall be compensated for a total contract amount not to exceed $22,315 (this is in addition to the $22,320 increase already approved via R 383-13).
The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: Feb 6, 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 Sewer Capital Budget, Butterworth Sewer Extension Phase I account to award a contract to the Hatch Mott MacDonald Group in an amount not to exceed $22,315.

________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 08-215-55-901-300

R-82-14

23. Authorizing Submission of the Municipal Alliance Governor’s Council on Alcoholism and Drug Abuse Fiscal Year 2014

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 2014 in the amount of:

DEDR 19,125
Cash Match 4,781
In-Kind 14,343.75

2. The Township Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

R-83-14

24. Supporting Delta Community Support’s Application for 2014 Community Development Block Grant to Demolish and Renovate Bathrooms at Group Home on 40 Schoolhouse Road

WHEREAS, John Komisor, on behalf of Delta Community Supports, has made application for CDBG grant money to demolish and renovate 2 bathrooms at a group home located at 40 Schoolhouse Road in Randolph, NJ; and

WHEREAS, part of the application process is to present the project to council for their acknowledgement; and

WHEREAS, the Township Council recognizes that this organization provides a vital commendable service to the community and the residents of 40 Schoolhouse Road.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, does hereby support Delta Community Supports in their request for a CDBG Grant.

R-84-14

25. Award PSA for Municipal Prosecutor

WHEREAS, the Township of Randolph (“Township”) requires Prosecutor services for the calendar year of 2014 (February 12 - December 31, 2014); and

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

WHEREAS, the Township has agreed to retain Matthew R. Petracca, LLC located at 51 Gibraltar Drive, Suite 1D, Morris Plains, NJ 07950 to provide the necessary Prosecutor services for 10.75 months (February 12 - December 31, 2014) for a total amount not to exceed $24,187.50 and Special Session Services for an amount not to exceed $4,000 annually ($500 per Special Session up to four hours plus $135 per hour in excess of 4 hours); and

WHEREAS, the anticipated term of this contract is from February 12 - December 31, 2014; and

WHEREAS, the contract with Matthew R. Petracca, LLC is for a total amount not to exceed $24,187.50 for 10.75 months (February 12 - December 31, 2014) and Special Session Services for an amount not to exceed $4,000 annually ($500 per Special Session up to four hours plus $135 per hour in excess of 4 hours) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Matthew R. Petracca, LLC has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Matthew R. Petracca, LLC has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

The Township hereby hires, employs and retains Matthew R. Petracca, LLC having an office at 51 Gibraltar Drive, Suite 1D, Morris Plains, NJ 07950 to provide Prosecutor services from February 12 - December 31, 2014.
Matthew R. Petracca, LLC shall be compensated for a total contract amount not to $24,187.50 for 10.75 months (February 12 - December 31, 2014) and Special Session Services for an amount not to exceed $4,000 annually ($500 per Special Session up to four hours plus $135 per hour in excess of 4 hours).
The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect February 10, 2014.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: Feb 6, 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, Municipal Prosecutor, O&E to award a contract to Matthew R. Petracca, LLC, for prosecutor services as defined in his proposal in an amount not to exceed $28,187.50.

________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-25-275-300 (Prosecutor O&E Contractual) -$24,187.50
01-201-25-275-301 (Prosecutor O&E Special Sessions) -$4,000.00

26. Raffle License, Casino Night, HAS Saint Therese School, on March 8, 2014 at the Skylands at Randolph, 792 Route 10 West, Randolph, NJ from 6:30 p.m. to 10:30 pm

27. Raffle License, On-premise 50/50, HAS Saint Therese School, on March 8, 2014 at the Skylands at Randolph, 792 Route 10 West, Randolph, NJ from 6:30 p.m. to 10:30 p.m.

28. Raffle License, Tricky Tray, Morristown Alumnae Fortitude Foundation, on March 8, 2014, at the Skylands at Randolph, 792 Route 10 West, Randolph, NJ from 12 p.m. to 4 p.m.

29. Raffle License, On-premise 50/50, Morristown Alumnae Fortitude Foundation, on March 8, 2014, at the Skylands at Randolph, 792 Route 10 West, Randolph, NJ from 12 p.m. to 4 p.m.

30. Raffle License, Tricky Tray, Celebrate the Children, Inc.—Meadow Wood Manor, 461 Route 10, March 14, 2014, 7:00 p.m. - 12:00 a.m.

31. Raffle License, 50/50, Celebrate the Children, Inc.—Meadow Wood Manor, 461 Route 10, March 14, 2014, 7:00 p.m. - 12:00 a.m.

32. Raffle License, Casino Games, Celebrate the Children, Inc.—Meadow Wood Manor, 461 Route 10, March 14, 2014, 7:00 p.m. - 12:00 a.m.

H. UPCOMING EVENTS

Hearts & Hammers Gala—Habitat for Humanity—February 22, 6-11 p.m. at Meadow Wood Manor
Budget Worksessions—February 20 at 5 p.m., February 22 at 8:30 a.m., and February 27 at 5 p.m.
Manager Interviews—at 6 p.m. on the following dates February 18, 19, 21, and 24
Rescue Squad Dinner—February 8 at 6 p.m.
Open House—Public Information Meeting regarding Combs Hollow Rd Bridge Replacement—Town Hall Conference Room on 2/27 at 6 p.m.

OPEN TO THE PUBLIC

Debra & William Norman of 262 Chrystal Street expressed their concern the vacation of Ridge Street. Their concern was about losing 25 feet of their property to allow for a right of way to a piece of property behind his parents’ property without being compensated.

Manager Lovell reported that he had received a call from a neighbor who is adjacent to the property asking if this could be tabled since he had a death in the family and could not attend this Council meeting. The Manager asked that this Ordinance be tabled until March 6th.

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

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #1-14 Amending Ordinance No. 9-13 Range of Compensation for Specified Officers and Employees

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to adopt the ordinance. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

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

ABSTAIN: Councilman Forstenhausler

NAYS: None

2. Ordinance #2-14 Exceeding the Municipal Budget Appropriation Limits and to Establish a Cap Bank

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2014 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “CALENDAR YEAR 2014 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Napoliello made a motion to adopt the ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

ABSTAIN: Councilman Forstenhausler

NAYS: None

3. Ordinance #3-14 Authorizing Vacation of a Portion of Ridge Street

TABLED to 3/6/14

Councilman Guadagno made a motion to table the ordinance. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

4. Ordinance #4-14 Addendum to Grant of Temporary Easement—Spatola

BE IT RESOLVED that an Ordinance entitled “AUTHORIZING A JANUARY 14, 2014 ADDENDUM TO GRANT OF TEMPORARY EASEMENT DATED SEPTEMBER 1, 2013 BY AND BETWEEN JOAN SPATOLA AND TOWNSHIP OF RANDOLPH OVER A PORTION OF BLOCK 168, LOT 66, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AUTHORIZING A JANUARY 14, 2014 ADDENDUM TO GRANT OF TEMPORARY EASEMENT DATED SEPTEMBER 1, 2013 BY AND BETWEEN JOAN SPATOLA AND TOWNSHIP OF RANDOLPH OVER A PORTION OF BLOCK 168, LOT 66, ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to adopt the ordinance. Councilman Hirniak seconded the motion, and the following roll call vote was taken:

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

NAYS: None

5. Ordinance #5-12 Tamarack Camp Crosswalk—Park Ave

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-54, CROSSWALKS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell explained that the township has been working with Tamarack with regards to the redevelopment of the camp on Park Avenue. The approved site plan called for an official crosswalk on Park Avenue because parking occurs on one side and the campers walk back & forth between facilities. Certain safety measures will be put in place, certain signage, and by law people have to stop if there is somebody standing in the crosswalk.

OPEN TO THE PUBLIC

Jim McConnell of 45 Carrell Road asked who would be paying for the crossing guard. Manager Lovell stated that the camp will pay for him/her. Mr. McConnell stated that he hoped the crossing guard would be properly trained for crossing the children. Manager Lovell replied that the camp operator, Mr. Gold, takes his responsibilities seriously especially those related to safety. He also stated that he would speak to Chief Stokoe to ensure training is provided.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 31-54, CROSSWALKS, OF CHAPTER 31, TRAFFIC AND VEHICLES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Deputy Mayor Veech made a motion to adopt the ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

J. ORDINANCES: INTRODUCTIONS

1. Ordinance No. 6-14 An Ordinance Accepting the Dedication of Block 131.01, Lot 7 for Municipal Public Purposes—Panetta

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ACCEPTING THE DEDICATION OF BLOCK 131.01, LOT 7 LOCATED WITHIN THE TOWNSHIP OF RANDOLPH FOR MUNICIPAL PUBLIC PURPOSES” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 6th of March, 2014 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.

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

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

NAYS: None

2. Ordinance No. 7-14 Amending Stormwater Control Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-95.3, 15-96 AND 15-97.1 OF ARTICLE VIII, STORMWATER CONTROL ORDINANCE, OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Guadagno made a motion to introduce the ordinance. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

K. DISCUSSION ITEMS

1. Heritage 55—Resolution of Open Space Properties

Manager Lovell previously distributed Council letter 4-2014 titled “Resolution of Heritage Golf Course, Heritage VIII, and Heritage 55 Open Space and Development Issues.” He explained the following:

In the early 1990s developer Sal Campo brought a vision to Randolph that was shared by the Planning Board and Council which would have resulted in the creation of a golf course extending from the area of Sussex Turnpike down to Calais Road.
To do this, a number of subdivisions that were being presented by Mr. Campo used the cluster option, a cluster of houses on smaller lots to create the open space to someday build a golf course. As part of that project and to make it work financially for Mr. Campo, there was also a component called the Heritage 55 project, thirty one age restricted units to be built on Calais Road.
A major component of this golf course project was the Rosenfarb Farm property on the opposite side of Calais Road which had contamination. The contamination resulted from a garbage truck repair operation and years dumping of septic materials on the field. At the time the Rosenfarbs were in the septic business. In the past solvents were introduced into septic systems when there was a problem. Those solvents along with solvents for cleaning the garbage trucks made their way down into the underlying ground water and aquifer. This created well pollution problems for residents along Calais Road. As part of this overall agreement, the Rosenfarbs had a responsibility to address the contamination and undertake a cleanup of the underlying aquifer and soils that had been contaminated. The Rosenfarbs began that process of moving towards addressing their site through DEP, but that process stalled.
The Highlands Act took place, and with the Highlands Act it became clear that a golf course and the demands for water for a golf course could never be met under the Highlands Act.
Heritage 55 ran into problems because the project was being designed with septic systems which did not comply with what the NJDEP was looking for so it had to be redesigned with a package treatment plant.
NJDEP issued a moratorium on all water permits in Randolph Township; that was associated with MCMUA who was our water provider. The MCMUA had promised more gallonage than they were permitted to pump out of the ground so the MCMUA had to address that issue and get that resolved.
All of these issues have been worked on over the years. The MCMUA capacity issues have been resolved. Sal Campo has gotten approval for building a treatment package plant for the Heritage property. The township has been working with the Rosenfarbs and Mr. Campo to create a solution to deal with the remediation of the pollution on the Rosenfarb Farm. Everything is coalescing to allow Mr. Campo to begin construction of Heritage 55 this year.
The one outstanding issue deals with all these open space lands that were supposed to become the golf course. The original perspective of the Planning Board, and the approvals that came from the Planning Board called for these lands to be developed as a golf course. If the golf course could not be developed it called for the lands to remain as open space. In certain cases, that open space could be retained by Sal Campo, it could go to Homeowners Associations, or it could be transferred to the township.
The intention is to create a global agreement that deals with these issues, and to determine who will take ownership of these lands and allow Heritage 55 to move towards completion, and also moves the Rosenfarbs toward remediation of their farm site.

Manager Lovell explained the following about the parcels indicated on the map included with Council letter 4-2014:

The golf course played through the Heritage VIII subdivision.
Parcel 3, in the middle of the Heritage VIII subdivision, is still owned by Mr. Campo. It was to be transferred to the Heritage VIII Homeowners Association. Manager Lovell corresponded with them and they declined the property. He explained that he didn’t know the future of the land, but indicated to them that one of the opportunities was that Mr. Campo would try to develop this site some day. Mr. Campo would like to develop 3 lots on this site of 3.6 acres. Mr. Campo has proved to the Planning Board that he has excess buildable lots and land being used across the township after all the clustering that took place and has shown where those 3 lots are found. The township does not know if those 3 lots exist and could not guarantee him that he will get 3 building lots on that site.
Mr. Campo has another option open from Heritage 55, he is able to build 30 units on Heritage 55 without seeking a water permit from the State of New Jersey. If he cannot prove that he has a right to build 3 lots on parcel number 3, he may transfer that 31st unit from Heritage 55 to that property and build one house on 3.6 acres.
Another aspect of Parcel 3 is that it was to be deeded to the homeowners. Despite the fact that the Homeowners Association responded they don’t want to own the parcel, it is unclear how the deed language could be changed on behalf of the homeowners in Heritage VIII. The language will need to be addressed by Mr. Sweeny, the Planning Board, and the Homeowners Association; it may require an action that impacts all the owners in the Heritage VIII subdivision.
Parcel 4 is a 55 acre tract that surrounds the Heritage VIII subdivision, it also includes 3 retention basins. The Homeowners Association has indicated that they do not want to take ownership of that property. It is a significant tract of land, for the most part wet and not developable. Manager Lovell recommended to the Township Council that the township take title to that property, and take responsibility of the retention basins. Part of this agreement requires Mr. Campo to clean out all the retention basins on this parcel and get them up to standard since they have been untouched for 15 years. Mr. Campo has agreed to that requirement.
Parcels 5 & 6 were always envisioned to come to Randolph Township if not developed as a golf course and not retained by Mr. Campo. Manager Lovell suggested that the township take Parcels 5 & 6, they include 20.24 acres and 9.77 acres. Lake Cherokee is on this property. Some of the homeowners on Lake Cherokee have built docks, one has built a little island with a gazebo. All those improvements are on land dedicated to the township. Mr. Campo is now working to have everything removed so it gets turned over to us clean; the township does not want property with encroachments.
Parcels 7 & 8 are the Rosenfarb Farm. These are the two properties that are contaminated and DEP has all sorts of liens against these properties and pending actions. There is an existing barn on the site that is currently used for boarding horses as well as a number of houses and sheds on the site. The agreement that the township is formulating with the Rosenfarbs is the Declaration of Covenant Restriction that was prepared by Keli Gallo and lays out the future of this property. Five acres of the site can be used as a residential property. That five acre section was to be the clubhouse for Mr. Campo, it was never part of the golf course. The extent and location of the contamination needs to be determined, and they want to tie into public water. The Rosenfarbs will have to come to the township with a subdivision indicating the five acres, it will then be up to the Planning Board to approve. The barn is allowed to be used as a barn, it can be renovated as a barn or as a farm market structure. All other structures must be removed from this property.
Part of the agreement between Mr. Campo and the Rosenfarbs is that the dollars that Mr. Campo has been paying for the mortgage that exists on the Heritage 55 site will go towards the remediation of the site. They believe that the Rosenfarbs could qualify for an insurance policy that was taken out about 15 years ago on the site. The insurance dollars are hopefully now kicking in for remediation of the site.
Parcel 9 is a small triangular piece that is impossible for the public to access. It has been deed restricted; there is a conservation easement on the site. It is going to be offered to several of the adjacent property owners and if one wants it, he will get it since there is no public access to it.
Parcel 10 was not in any of the discussions in the dealing with the Heritage 55 golf course; it was acquired by Mr. Campo in approximately 2002 and he is offering it to the township as open space. He is also hoping to find buildable lots on that site so he can transfer those lots to Parcel 3. It is unknown if that is achievable as the site is very wet.
Four wells are going to be necessary on Parcels 1 & 2; they will be right along Calais Road. They are four test wells that Mr. Rosenfarb is required to send for sampling of water. Once the testing is complete, the wells will be sealed & the township will have to grant a license for those wells. It is not uncommon to do this for most projects where an aquifer has been compromised.

Questions/Answers/Discussion:

Q: Would the Rosenfarbs be able to lease that barn out to someone to run weddings and other group events on that property?
A: There was concern by Council members regarding the potential for large events. After some discussion, it was suggested that more specific language be included or that the sentence, “birthday parties, group events, weddings and picnicking,” be taken out of the agreement. The Council was agreeable to allowing for school groups, hay rides, the cutting of Christmas trees, but not large group events.

Q: Can the barn on the Rosenfarb property be torn down and rebuilt?
A: It is a pre-existing non-conforming use so they can only fix it, not tear it down and rebuild. There was concern about the condition of the barn and future repairs. It was decided that language be included that he cannot have a change of tenancy or use until the barn is brought up to township code.

Q: Is the Council involved with Parcel 3?
A: That is not part of this, it needed to be explained because there are homeowners in Heritage VIII that have an interest in this and the Manager felt that a public record needed to be created to show that this is something that was presented by Mr. Campo. Mr. Campo has to go back to the Planning Board and prove his clustering. If he cannot prove his clustering, he will be allowed to transfer one lot possibly from Heritage 55. The Manager explained that Mr. Campo still has to undo the Heritage VIII subdivision which he believed every lot in Heritage VIII has an attachment that refers to the Homeowners Association and the Homeowners Association document refers to this lot.

There was some discussion on having an easement on either Parcel 8 or 9 to connect properties and create a trail which would run to the park. Councilman Guadagno suggested the township keep Parcel 9 for now until the Rosenfarbs build their house, with the intention that it could be turned over at a later date.

Manager Lovell explained that Mr. Campo understands that nothing is being guaranteed to him, that the information is being included in the public record as desired. The Manager stated that the township will begin the pursuit of surveys, undertake Phase I environmental, and update the title searches on the properties.

2. Municipal Building Improvements

Manager Lovell explained that architect Ben Horten created 4 designs for the entrance to the Municipal Building, and he described each.

3. Manager Goals for Randolph

Manager Lovell explained that the goals for Randolph will be part of the budget discussion. He asked that each Council person provide him with his/her top three goals and he will determine and report the overall top three goals for Randolph.

4. Daytime Ambulance Services

Manager Lovell reported that St. Clare’s advised the township that they were ending their relationship. It will have to go out to bid; Atlantic Health is very interested in the contract. There will be a resolution at a future meeting to rescind one contract and to award a new contract. There will be some minor revisions to the specifications that will help protect the township in the future.

5. Creating a Green Team

Deputy Mayor Veech explained that it was previously decided that at this meeting a work group would be identified to consider the creation of a Green Team and to research the Sustainable Jersey certification. Councilwoman Carey and Councilman Forstenhausler agreed to be on the work group with Deputy Mayor Veech.

L. OPEN TO THE PUBLIC

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

M. COUNCIL COMMENTS

Councilman Napoliello stated that the snow and ice removal this year has been great.

Councilman Hirniak suggested budget dollars be set aside for TAC since they will be spending approximately $5,000 to buy a trailer sign for the Police Department.

Councilman Hirniak reported on his meeting with the Board of Education on February 4th which was also attended by Mayor Loveys, Manager Lovell, and Chief Stokoe. Items discussed included the completion of the high school auditorium, the sight lines as concerns ingress and egress from Millbrook Avenue, the school budget for next year, tax based ratable, the realignment of the Sussex Turnpike & West Hanover Avenue intersection, the CCM project related to Route 10, and the fact that student enrollment next year in the district will be under 5,000. Mayor Loveys also updated them on our Township Manager search process. They will present the school board budget to the Council on February 20th.

Deputy Mayor Veech reported that she was contacted by the Kiwanis Club about the Freedom Festival. Participation has steadily gone down over the years and they wanted to know if the Council is interested in continuing the Freedom Festival. If the Council wants the festival to continue, the Kiwanis Club would like to have more control of the vendors and parade participants. It was decided that Deputy Mayor Veech, Manager Lovell, and Councilman Forstenhausler would meet with the Recreation Department to determine their involvement and then get back to the Kiwanis Club.

Councilman Forstenhausler will be the Council liaison to the Recreation Department. He thanked the Council for their confidence in selecting him to serve on the Township Council.

Councilwoman Carey reported that there was a snow delay in the interview process. The Council will receive the finalists’ resumes and the questionnaire that they had to complete as part of the process.

N. EXECUTIVE SESSION

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

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

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

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

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

Stonybrook and Tamarack Litigation

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

Councilman Guadagno made a motion to move into Executive Session at 9:45 pm. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Napoliello

Deputy Mayor Veech made a motion to return to Open Session at 9:50 pm. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: Councilman Napoliello

O. ADJOURNMENT

Deputy Mayor Veech made a motion to adjourn the meeting at 9:50 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilwoman Carey