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

Minutes: February 7, 2019

A. OPENING OF BUDGET MEETING

1. Call to Order

A budget meeting of the Randolph Township Council was called to order at 5:00 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 November 29, 2018 by emailing them the annual resolution adopted by the Council on November 1, 2018. 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 6, 2018.

Mayor Loveys explained that Councilman Tkacs had a procedure earlier in the day and cannot speak; therefore, he will indicate his presence and votes of “yes” with a thumb-up and votes of “no” with a thumb-down.

2. Roll Call

PRESENT:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

ABSENT:
Councilwoman Potter
Councilwoman Veech

Also present: Manager Steve Mountain, CFO Darren Maloney, Chief David Stokoe, Health Officer Mark Caputo, and Township Attorney Edward Buzak (attended the regular schedule meeting at 7:00 p.m.)

3. Pledge of Allegiance

Mayor Loveys led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road was disappointed that all the Council members were not present, but noted that they are usually all present.

Keith Raymond of 3 Drake Court, as well as the Board of Trustees for CCM, stated that the Board asked him to act as a liaison between the township and CCM and that was the reason he was attending.

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

C. DEPARTMENT BUDGET PRESENTATIONS

1. Police Department—Chief David Stokoe

David Stokoe reviewed the operating expenses for the Police Department with the Council. He also reviewed his Capital Outlay and Capital budget request for 2019.

Manager Mountain explained that he and Darren Maloney draft the Salary and Wage budgets. The overtime actual budget was below budgeted despite the workforce numbers in the police department were below normal due to transitions. There were some situations during the year that required overtime; he commended the Chief for keeping the overtime costs under budget. Deputy Mayor Carey asked the staffing level in which the department strives; the Chief replied that it was 36 sworn officers including him. The department is currently staffed at 34; however, there is someone who has signed a conditional offer of employment once he graduates the academy and one more position to fill. Officer Irula and Lieutenant Giuliani will be retiring in 2019. In addition to the officer starting in March, the Chief anticipates hiring three more to fill the current open position as well as the two opening in 2019. Mayor Loveys confirmed that budgeting is based on a full force.

Councilman Nisivoccia asked for an explanation of Salary and Wages for Court and Bail Reform. Chief Stokoe explained that when the officers issue summonses or make arrests that require them to testify in court, the compensation comes from the Salary & Wages—Court budget. The Chief also explained that Bail Reform legislation went into effect last year which resulted in other requirements placed on the officers. If they need to work longer to finish an arrest that is directly related to the bail reform process, the funds are taken from the Salary & Wages—Bail Reform budget.

Capital Improvement:

All items are consistent from last year; he reviewed each item in detail.

Mayor Loveys asked if the department has been budgeting for the body worn cameras for the last couple of years. Chief Stokoe replied that money has been budgeted and he was waiting for when the technology would come together and work under one platform; he plans to obtain and implement them in 2019.

Councilman Forstenhausler asked if the traffic signals on Route 10 were equipped with battery backup or generator-capable. Chief Stokoe explained that Route 10 is the state DOT, and they will not allow the police department to do anything with their cabinets. As far as he knew, those signals do not have that ability. Councilman Forstenhausler asked to have Manager Mountain add this to the conversation with the DOT.

Councilman Nisivoccia asked for the number of pedestrian crossings in the township. Chief Stokoe explained that there are two with the electronic pedestrian crossing signals; one on Millbrook Avenue at Freedom Park and one on Sussex Turnpike at Church Road. There are other pedestrian crossings in the township, but only the two have the electronic signals. Councilman Nisivoccia asked if the Chief saw a need for any of the others to be upgraded to include electronic signals. Chief Stokoe explained that he currently did not, based on the use and the feedback from the community.

Capital Outlay:

Purchase New Vehicles—there is a decrease of $35,000 from last year. Being down officers last year resulted in less wear and tear on the vehicles. He is looking to purchase one less vehicle compared to last year; the budget includes three completely outfitted vehicles.
New DWI Instrument—this request is consistent with the last few years; once the state selects the new instrument and it’s approved for implementation, the funds need to be available for immediate purchase.
Uniform Upgrade—it’s been approximately 12 years since the last modified or changed uniform. He’s not looking to change the overall appearance of the uniform drastically, but he’s looking to utilize more comfortable, breathable fabric to include an external vest carrier. He is meeting the officers half-way to accomplish the uniform change; officers receive $400 annually to purchase and maintain uniforms.
Office Lockers for Equipment—space is limited in the police department. This will give officers a secure area in their office to store sensitive equipment, and also allow for equipment to be immediately available in the event of an emergency.

Mayor Loveys asked the Chief to review the vehicles again. He explained that a resident at the bench dedication at the municipal building asked why the police department needed so many vehicles. Chief Stokoe explained that during weekends and overnight hours, the fewest number of officers are working and there are more vehicles parked. Monday through Friday during the day, up to 15 or more officers can be working. Officers may be using vehicles on the roads, going to police schools, police details such as construction road jobs, and sometimes vehicles can be out for service. There are currently 23 vehicles; there are times when nearly all the vehicles are out and other times when more are parked. Councilman Nisivoccia asked the approximate age of the vehicles; the Chief explained that he would have to check. The Councilman asked if any were ten years old; the Chief and Manager Mountain replied that there were a few that were that old. Mayor Loveys added that the monthly departmental reports that the Council receives from the Clerk’s Office has a tab that shows the police vehicles, their ages, mileage, and maintenance.

Mayor Loveys commented that in the past there was discussion about looking into the space in the police department, and asked if there had been any further information. Manager Mountain replied that it isn’t in the police department’s capital budget, but the general capital outlay which he will discuss at a later time.

Mayor Loveys reported that he and Chief Stokoe met with the Board of Education earlier in the day; there has been an issue with vehicles passing stopped school buses. The police have been monitoring certain bus routes and have been issuing summonses; enforcement is in progress.

2. Board of Health/Construction—Mark Caputo

Mark Caputo reviewed the operating expenses for the Board of Health with the Council:

Manager Mountain explained that the increase in the Salary & Wage budget is due to an anticipated retirement. For the Animal Control budget, a good part of animal control is funded through the animal trust. He, Darren Maloney and Mark Caputo have been reviewing the animal trust; the animal trust revenues have been flat over the last several years, but some of the expenses have been increasing. In 2020, they will look at pet licensing fees and other costs, and the possibility of increasing certain fees.

Manager Mountain explained that when the township joined with Roxbury for shared services, it assumed an agreement that Roxbury had in place with Mine Hill. It was Roxbury’s agreement that they had to have a Health Officer in order to continue the agreement. Roxbury and Mine Hill have decided to discontinue that agreement; Mine Hill is looking to go to another municipality. Since this is a pass-through for Randolph, the revenue and the expenditure is zeroing out; there is $50,000 coming out of the revenue side of the budget and $50,000 coming out of the expenditure side of the budget. It is up to Roxbury to determine if they want to extend an agreement to another town. There was a brief discussion on the details of the services with Roxbury and Mine Hill.

Deputy Mayor Carey asked for clarification on the Distressed Property line item. Mark explained that the budget is used when it’s necessary to hire a contractor to perform emergent property maintenance issues on a vacant property. Manager Mountain added that the township bills the owner of the property, and usually gets reimbursed; however, money has to be in the budget to front the cost.

Mark Caputo reviewed the operating expenses for Code Enforcement with the Council:

Manager Mountain explained that for this budget they look to keep it self-sustaining; however, it is almost impossible to get it exact. The township tries to keep the rates in-line with the expenses.

Manager Mountain also explained that there is a shared service agreement with Roxbury for the Construction Official; Roxbury has the lead on this position. This has been a very effective agreement. The agreement is coming up for a decision as to extending it; there are multiple five year extension options in the agreement. At the next meeting, the Manager will be recommending that the Council consider a five year extension on the agreement.

Mark Caputo reviewed the operating expenses for Recycling with the Council:

Mark reported that there has been a lot of positive feedback related to the changes in the leaf collection program. He noted that since the township is not a licensed compost facility, the leaves cannot stay in the DPW yard, therefore, they must be hauled away.

Mark explained that the Contractual Services budget increased significantly due to the single stream recycling and the overseas market. It is now costing the township money, called a negative rebate, to dispose of the material. He explained that solid waste disposal fees are just under $100/ton; even with the issue with the global markets, the recycling is still well below $100/ton. Recycling is still cheaper. Manager Mountain added that they are budgeting for the worst-case scenario in order to ensure enough cushion for the increase in market costs. The Manager explained in more detail some of the issues with the global market and things other towns are considering. Councilman Forstenhausler noted that the township instituted single stream recycling a couple of years ago and advertised it to encourage residents to recycle. He asked if it would make a difference if the township went back to separating recyclables. Manager Mountain replied that he asked that same question to the Executive Director for the Municipal Utilities Authority; he responded that there may be a very marginal savings, but the cost of disposal is hitting the materials across the board, whether separated or not.

Deputy Mayor Carey asked if becoming a licensed compost facility was something the township should consider. Mark explained that it would subject the township to strict enforcement by the DEP; he added that it was researched in the past, but it would not be cost effective. Manager Mountain added that he was speaking with Tom Sweeney about some things that could be done that could potentially mitigate the costs.

Mayor Loveys asked if a contractor hauls away the recyclables from the Recycling Center. Mark explained that township crews bring the dumpsters to Republic in Mine Hill. They accept separated material as well as single stream. Mark distributed a recycling/solid waste cost analysis from 2015-2018. He reviewed the numbers in detail.

Deputy Mayor Carey asked if there was a way to estimate how much of the solid waste was actually recyclables that could be removed. Mark responded that the information would not be part of the cost analysis. There is a 50% goal that Randolph has met, and exceeded for ten years or more; residents overall do a good job recycling. Manager Mountain added that Randolph receives a tonnage grant annually from the state which is tied to the amount of recycling; this past year’s grant was higher than the prior year. All recycling information, including that of commercial entities, is collected and reviewed annually.

Mayor Loveys asked for a review of Animal Control. Mark explained that the animal shelter facility is busy; the staff is doing a good job maintaining it. He explained that they work with Donna Luciani for maintenance aspects. The Mayor asked if the other building was being utilized; Mark replied that it’s being used for storage. Manager Mountain added that if the building was used for anything other than storage, it would require much more of an upgrade.

D. REVIEW OF OTHER BUDGET CONSIDERATIONS

1. Library Funding

This will be discussed at the February 16th meeting; Darren Maloney is waiting for the bill from the health fund in order to finalize the information.

2. Reserve for Uncollected Taxes

Darren Maloney explained the background for this reserve. The return this year was 99.94% collection rate, which is excellent. The total reserve for uncollected taxes is $2,998,626; that is based on the assumption that only 97% will be collected. In reality, the township is collecting over 99%; the difference is what is collected and generated to surplus.

Mayor Loveys confirmed with Darren that this also helps to fund current year tax appeals.

3. Revenue

Darren Maloney explained that it was a healthy year for surplus. The key drivers that generate surplus each year are:

Miscellaneous Revenue Not Anticipated (MRNA)—this goes right into surplus since its revenue that wasn’t budgeted for. There was a brief discussion on the Tamarac lease and the house on Millbrook Avenue.
Health Dividends—this is what is returned each year from the HIF.
Morris County CO-OP
Lapsing Appropriation Reserves—these are monies that were unspent in the prior budget year; these lapse into fund balance.
Tax Collection Rate & Reserve for Uncollected Taxes—the collection rate was very good; it was a little artificially increased due to the pre-payments at the end of 2017.
Surplus Taxes Collected—this is what is collected above what is budgeted. This is a function of the Reserve for Uncollected Taxes; it guarantees that the township doesn’t fall short on cash flow.
Delinquent Taxes Collected—this has been decreasing; there is such a high collection rate so this is good.
Various Miscellaneous Revenue Items Which Exceeded the Budget—collected over the miscellaneous revenue items. He explained some of the items in detail.

E. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that there is a typographical error in the wording in Resolution R-43-19; the word “enter” in the first sentence should be “entered.”

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

F. COUNCIL COMMENTS

Councilman Forstenhausler stated that he was pleased to see that Chief Stokoe reviewed the fleet and determined that only three vehicles were needed to budget for instead of the typical four vehicles.

G. ADJOURN BUDGET MEETING

Councilman Forstenhausler made a motion to adjourn the budget meeting at 6:35 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

The Council took a short break.

H. OPENING OF REGULAR MEETING

A regular meeting of the Randolph Township Council was called to order at 6:45 p.m. by Mayor Loveys.

1. Roll Call

PRESENT:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

ABSENT:
Councilwoman Potter
Councilwoman Veech

I. MANAGER’S REPORT

1st Quarter Board of Education Liaison Meeting—he, Mayor Loveys, Deputy Mayor Carey, and Chief Stokoe attended. They shared a number of items, including information on the township’s proposed budget and capital projects planned for 2019. The Board of Ed updated them on their communications plan, a proposal they are working on for live streaming of events, and their plan to install cameras on the arms of buses to make it easier to prosecute individuals who pass stopped busses.
Economic Development Committee Meeting—he and Mayor Loveys attended. The committee is the most vibrant he has seen, and he is excited to work with them on their new and current initiatives. The economic development website is expected to launch in March; it’s one of the first in the County. It will include a series of videos promoting Randolph, a new webpage on economic development and a number of other exciting business outreach efforts. A subcommittee has been formed to work with staff to move the committee’s exciting 2019 agenda forward.
New Resident Welcome Meeting—Councilwoman Veech has proposed an idea to hold a meeting either annually or semi-annually to welcome new residents. He and Mayor Loveys discussed the proposal with Councilwoman Veech and are targeting early May for the initial meeting. They are currently working out the logistics on the event; if Council members have any ideas, they can let them know. They will keep the Council informed as the event planning progresses.
He thanked the Council and the many members of the staff and public who expressed their thoughts and prayers in response to the passing of his father. He and his family greatly appreciated the outpouring of support.

Deputy Mayor Carey stated that she felt the meetings to welcome new residents was a good idea. She felt that including the children in the event would be helpful to those who wouldn’t be able to attend due to childcare issues.

J. APPROVAL OF MEETING MINUTES

1. Approving the Reorganization Meeting Minutes of January 3, 2019

Deputy Mayor Carey made a motion to approve the minutes of the January 3, 2019 Council Reorganization meeting. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

K. COMBINED ACTION RESOLUTIONS

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

1. Amending an Agreement with the Morris County MUA for the Purpose of Marketing Recyclables

R-43-19

WHEREAS, there is a need for Randolph Township to amend an agreement with the Morris County Municipal Utilities Authority (MUA) originally entered into on January 25, 2016, for the purposes of Marketing Recyclables; and

WHEREAS, both parties agree to the terms of this amended agreement dated February 7, 2019.

NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign the amended agreement.

2. Authorizing the Settlement of Certain Residential and Commercial Tax Appeals—Mal Brothers/KKT Mal, LLC, Block 188, Lot 3, 29 Reed St.

R-44-19

WHEREAS, appeals of the real property tax assessments of the following property have been filed in the Tax Court of New Jersey:

PROPERTY OWNER	BLOCK	LOT	ADDRESS
Mal Brothers/KKT Mal LLC	188	3	29 Reed St

; and

WHEREAS, the property owners and the Township have agreed to a settlement for the pending appeals; and

WHEREAS, the property owners have agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Assessor & Special Tax Counsel and should, therefore, be settled pursuant to the terms set forth herein.

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

1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:

PROPERTY OWNER	YEAR	ORIGINAL ASSESSMENT	PROPOSED SETTLEMENT
Mal Brothers/KKT Mal LLC	2009	$6,700,000	$6,000,000
Mal Brothers/KKT Mal LLC	2010	$6,700,000	$6,000,000
Mal Brothers/KKT Mal LLC	2011	$6,700,000	$6,000,000
Mal Brothers/KKT Mal LLC	2012-2016	$6,700,000	$6,700,000
Mal Brothers/KKT Mal LLC	2017-2018	$9,842,200	$9,842,200

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

3. This resolution shall take effect immediately or as otherwise provided by law.

3. Refund of Police Detail Escrow to Burrini’s Olde World Market—$87.00

R-45-19

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

Burrini’s Olde World Market $87.00

4. Refund of Police Detail Escrow to Road Safety Systems, LLC—$45.00

R-46-19

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

Road Safety Systems, LLC $54.00

5. Refund of Police Detail Escrow to Sun High Orchards, LLC—$87.00

R-47-19

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

Sun High Orchards, LLC $87.00

6. Refund Tax Sale Certificate for Block 81.04, Lot 20 for 23 Wilkeshire Blvd to TFS cust for FIG Cap Inv NJ13, LLC—$3,953.36

R-48-19

WHEREAS, Tax Sale Certificate #17-12 held by TFS cust for FIG Cap Inv NJ13, LLC, and currently assessed to US Bank NA Trust and known as, Block 81.04 Lot 20 and also known as 23 Wilkeshire Blvd.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by ServiceLink representing the sale of the property. The redemption includes principal and interest in the amount of $1,853.36. There is also a premium due in the amount of $2,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $3,953.36 to TFS cust for FIG Cap Inv NJ13, LLC lien holder of Tax Sale Certificate #17-12.

7. Refund Tax Sale Certificate for Block 146, Lot 80 for 38 Pierson’s Hill Road to Lien Times, LLC—$83,562.36

R-49-19

WHEREAS, Tax Sale Certificate #2058 held by Lien Times, LLC, and currently assessed to Wilmington Savings Fund Society FSB and known as, Block 146 Lot 80 and also known as 38 Pierson’s Hill Road.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Fortune Title representing the sale of the property. The redemption includes principal and interest in the amount of $28,462.36. There is also a premium due in the amount of $55,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $83,562.36 to Lien Times, LLC lien holder of Tax Sale Certificate #2058.

8. Refund Tax Sale Certificate for Block 42, Lot 122.05 for 6 Arrowgate Drive to Cazenovia Creek Funding II, LLC—$6,481.55

R-50-19

WHEREAS, Tax Sale Certificate #18-05 held by Cazenovia Creek Funding II, LLC, and currently assessed to Michael & Christine Lockette and known as, Block 42, Lot 122.05 and also known as 6 Arrowgate Drive.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Phelan Hallinan Diamond and Jones on behalf of the sale of the property. The redemption includes principal and interest in the amount of $2,881.55. There is also a premium due in the amount of $3,600.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $6,481.55 to Cazenovia Creek Funding II, LLC lien holder of Tax Sale Certificate #18-05.

9. Refund Tax Sale Certificate for Block 92, Lot 11 for 19 Calais Road to Trystone Capital Assets, LLC—$624.11

R-51-19

WHEREAS, Tax Sale Certificate #17-14 held by Trystone Capital Assets, LLC, and currently assessed to Charles Martino and known as, Block 92 Lot 11 and also known as 19 Calais Road.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Charles Martino owner of the property. The redemption includes principal and interest in the amount of $524.11. There is also a premium due in the amount of $100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $624.11 to Trystone Capital Assets, LLC lien holder of Tax Sale Certificate #17-14.

10. Authorizing Treasurer to Return Tax Sale Premium Payment to the Tax Collector per the Morris County Superior Court

R-52-19

WHEREAS, by Resolution No. 342-18, the Township of Randolph (“Township”) authorized the premium paid for Tax Sale Certificate No. 1976 (“Premium Payment”) to be turned over to the Municipal Treasurer in accordance with N.J.S.A. 54:5-33; and

WHEREAS, after Resolution No. 342-18 was adopted, the Morris County Superior Court entered a Consent Order on January 4, 2019 extending the expiration of the Premium Payment escheat date to July 31, 2019.

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

Resolution No. 342-18 is hereby rescinded.
The Municipal Treasurer shall return the Premium Payment to the Tax Collector to be held in accordance with the Consent Order’s Premium Payment Extension.
This Resolution shall take effect immediately.

11. Authorizing the Execution of an Agreement for Installation of Electric Distribution Facilities with JCP&L in Connection with Veterans Park

R-53-19

WHEREAS, in connection with the construction of the Veterans Park project and in order to provide electrical service for site lighting and buildings, the Township of Randolph (“Township”) requires the extension of Single Phase electrical service from an existing utility pole located on Calais Road, 900’ North to the park entrance, and to install the new Single Phase service underground 350’ into the park for the installation of a transformer and meter; and

WHEREAS, in order for Jersey Central Power and Light (“JCP&L”) to extend the electrical service as needed, the Township must enter into an Agreement for Installation of Electric Distribution facilities with JCP&L; and

WHEREAS, the Township desires to authorize the execution of a certain Agreement for Installation of Electric Distribution Facilities between the Township and JCP&L dated October 24th 2018; and

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 authorizes the execution of a certain Agreement for Installation of Electric Distribution Facilities by and between Jersey Central Power and Light Company and the Township of Randolph dated October 24th, 2018.
The Mayor and Township Attorney are hereby authorized to review and approve any minor, non-substantive changes in the Agreement for Installation of Electric Distribution Facilities that may result from further review prior to final execution thereof.
The Mayor and Township Clerk, together with all other officers, professionals and employees of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.
This Resolution shall take effect immediately.

12. Authorizing the Award of a Professional Services Agreement to Denis F. Driscoll for Public Defender Services for the 2019 Calendar Year—Not to Exceed $14,000.00

R-54-19

WHEREAS, the Township of Randolph (“Township”) requires Public Defender services for the 2019 calendar year; and

WHEREAS, the Township has agreed to retain Denis F. Driscoll located at c/o Inglesino Webster Wyciskala Taylor, 600 Parsippany Rd, Ste 204, Parsippany, NJ 07054 to provide the necessary Public Defender services for a total amount not to exceed $14,000 ($1,166.67/month); and

WHEREAS, the fees are as noted in the attached proposal and will remain as stated for the term of this contract; and

WHEREAS, the term of this contract is for the 2019 calendar year; and

WHEREAS, the contract with Denis F. Driscoll is for a total amount not to exceed $14,000 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Denis F. Driscoll has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification should the dollar amount of the contract be amended during the 2019 calendar year and exceed $17,500 and the requirements of the Anti Pay-to-Play Legislation would then apply; and

WHEREAS, Denis F. Driscoll 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 from account #10-130-05-000-000; 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 Denis F. Driscoll having an office at c/o Inglesino Webster Wyciskala Taylor, 600 Parsippany Rd, Ste 204, Parsippany, NJ 07054 to provide Public Defender services for the 2019 calendar year.
Denis F. Driscoll shall be compensated for a total contract amount not to exceed $14,000.
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 et seq.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: February 7, 2019

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Trust Fund, Public Defender, to award a contract to Denis Driscoll for public defender services , per his proposal to the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 10-130-05-000-000 (not to exceed $14,000)

13. Authorizing the Township Manager to Endorse the TWA to NJDEP for the Upgrade/Replacement of the Morris County College Sewer Pump Station at 214 Center Grove Road, Block 81, Lot 1

R-55-19

WHEREAS, the Township of Randolph, (the “Applicant”) has planned the replacement of the existing sanitary sewer pump station located on College Avenue within the County College of Morris; and

WHEREAS, the permit is to upgrade the existing sewer pump station which includes a new wet well, valve vault, electrical controls, yard hydrant, site lighting, pump controls, power equipment, and standby generator.

WHEREAS, the application must be submitted to the New Jersey Department of Environmental Protection to obtain a TWA approval for the upgrades to the sanitary the sewer pump station; 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.

14. Raffle License—Off Premise 50/50, The Rose House, on April 11, 6:00 p.m. - 8:30 p.m. at Meadow Wood Manor, 461 Route 10, Randolph

L. UPCOMING EVENTS

Ironia Elementary School’s Winterfest, February 9 from 10:00 a.m. - 4:00 p.m. at Ironia Elementary School (snow date 2/10)
Council Budget Session, Saturday, February 16 at 8:30 a.m.
Library Music Event—Amy & A Side of Freys—Sunday, February 17 at 2:00 p.m. (snow date 2/24). Register by calling 973-895-3556
Morris County League of Municipalities Dinner at the Birchwood Manor, February 20 at 5:15 p.m.. Speaker is Michael Darcy, Executive Director of the NJLM—State of the State
Randolph Area Chamber of Commerce Monthly Networking Luncheon at LaStrada Restaurant, Topic: “Annual Tax Update for 2018/2019” on February 21 from 11:45 a.m. - 1:15 p.m.
Randolph Rescue Squad 2019 Installation Dinner, February 23, Roxbury FD Company #1, 122 Main Street, Roxbury from 6:00 p.m. - 11:00 p.m.. RSVP to .(JavaScript must be enabled to view this e-mail address)
Habitat for Humanity, Hearts and Hammers Gala, Saturday, February 23 at the Meadow Wood Manor from 6:00 p.m. - 11:00 p.m.—RSVP by 1/23/19 to Morrishabitat.org/gala
Ironia Fire Department Dinner at Picatinny Arsenal at Picatinny Cannon Gates Hall on March 2 at 6:00 p.m. (rescheduled from 1/19)
Added—Chamber of Commerce After Hours on March 14. Department Heads will be added to the invitation.

M. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 01-19: Calendar Year 2019 Ordinance to Exceed Municipal Budget Appropriation Limits and to Establish a Cap Bank

BE IT RESOLVED, that an Ordinance entitled “CALENDAR YEAR 2019 ORDINANCE TO EXCEED MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.15a et seq)” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is a procedural ordinance each year that allows the township to establish a cap bank for the appropriations cap.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “CALENDAR YEAR 2019 ORDINANCE TO EXCEED MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.15a et seq)” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Forstenhausler made a motion to accept the ordinance. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

2. Ordinance 02-19: An Ordinance Amending Appendix A, Fee Schedule, Water Rate Schedule, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, WATER RATE SCHEDULE, 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 Mountain explained that this ordinance memorializes the rate increase in the water utility rates that were recommended as part of an annual study; the increase is to ensure that the utility continues to remain solvent over the next five to six years. The rate change will increase the average quarterly bill by $21.34; the rates were last increased by the township in 2012. The two major factors on the expense side are the annual increases on bulk water and the township’s investment in infrastructure improvements; there is a ten-plus year plan in place to replace a good portion of the aging infrastructure.

OPEN TO THE PUBLIC

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

Mayor Loveys stated that none of the Council members wanted to see a rate increase; however, by hearing the recommendation from the Township Manager, the CFO, and the Water & Sewer Supervisor, it would be prudent to follow their recommendation and hope that the township is in a better situation in six years.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, WATER RATE SCHEDULE, 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.

Councilman Forstenhausler made a motion to accept the ordinance. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

3. Ordinance 03-19: An Ordinance Amending Appendix A, Fee Schedule, Sewer Rate Schedule, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, SEWER RATE SCHEDULE, 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 Mountain explained that the sewer trust is reviewed annually. The ordinance will reduce the township sewer utility rates across the board; the rate change will reduce the average quarterly bill by $23.31. The sewer utility is very strong financially; over the past several years, the township has been strategically working to build the sewer fund surplus in anticipation of completing the Butterworth sewer initiative and the ongoing litigation between the Rockaway Valley Regional Sewerage Authority (RVRSA) and Jersey City. Butterworth came in below budget, and while the RVRSA/Jersey City litigation is not complete, it is trending in a positive direction. This ordinance will memorialize the decrease in the sewer utility rate.

OPEN TO THE PUBLIC

Jim McConnell of 45 Carrell Road commented that he is a water customer, but does not have public sewer. He stated that most of the sewer installation over the years has been from developers. He felt that the township should keep the sewer rate the same and use the funds to install sanitary sewer lines in more of the township. Mr. McConnell stated that Randolph is a great town, but he felt it was deficient with water and sewer.

Manager Mountain responded that there is a sewer master plan that is part of the 2019 capital budget which will be looking at this issue. The feeling is that, even with the rate reduction, there is a component of the surplus that is still there to fund expansion. As a result of the recommendations that will come out of the master plan, future capital budgets will include expansion on a prioritized basis. If the surplus was minimal, the recommendation to reduce would not have been made.

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, SEWER RATE SCHEDULE, 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.

Councilman Forstenhausler made a motion to accept the ordinance. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

N. OPEN TO THE PUBLIC

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

O. COUNCIL COMMENTS

Councilman Forstenhausler attended the MAC meeting, and Councilman Nisivoccia also attended to observe the meeting. They have a lot of plans for programs for the years; it’s a great group of people who are putting in a lot of effort.

Deputy Mayor Carey attended the Board of Education liaison meeting that the Mayor previously spoke about. She also attended the ribbon cutting at Kabob Paradise; she thought the food was very good.

Mayor Loveys reported that he signed the letter to the DOT that went out at the end of January requesting a meeting by the end of March to discuss the Route 10 intersections. The Commissioner, who former Mayor Forstenhausler addressed at one of the Morris County Chamber of Commerce luncheons, was invited. The letter outlined the township’s displeasure with their attention to the four intersections in Randolph.

Mayor Loveys also reported that Councilwoman Potter asked him to present to the Council the idea of developing a time capsule that could be buried at Veterans Community Park. She wanted to find out if there was interest in a subcommittee, with representation from Environmental Landmarks Committee, the Parks Committee, the Board of Education, etc. The subcommittee would work out details and make a recommendation to the Council. Councilman Potter thought that working with one of the elementary schools, perhaps a class studying history, could bury it and return 25 years after graduation to dig it up. Mayor Loveys asked for feedback from the Council members. Councilman Forstenhausler thought it was a good idea overall, and a good idea to have the students work on it and later dig it up.

Mayor Loveys attended a County budget development meeting; it was a Freeholder-based subcommittee. County Administrator John Bonanni helped to run the meeting; several of the County department heads were in attendance. It was a review of county services, and a chance for municipal mayors to voice their concerns. Mayor Loveys expressed his concern that they continue to fund their capital budget; the township is expecting Dover Chester Road, south of the Sussex Turnpike intersection to be overlayed as well as Quaker Church Road from Reservoir Avenue to the border with Mine Hill.

Mayor Loveys also attended a farewell ceremony at the Westfield Armory on January 21st. He was invited because three of the people being deployed were Randolph residents. He met two of the three people; they were shocked and appreciative that the Mayor took time to attend the ceremony. There were a total of 242 National Guard members being deployed to Jordan as part of Operation Spartan Shield.

Mayor Loveys and Manager Mountain attended the CCM groundbreaking ceremony for the new 30,000 square foot Advanced Manufacturing Engineering building. President Iacono did a great job recognizing those in attendance as well as the business community and the workforce development program that has been established at CCM. The Mayor felt it was great for Randolph.

Mayor Loveys reported that the Stefan Strong Foundation, begun by a Randolph family when their son was diagnosed with cancer, will be holding some local fundraisers. They recently had a pancake breakfast at the Community Center; it’s a good foundation for the township and Council to support.

P. EXECUTIVE SESSION

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

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

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

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

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

Summer Camp Proposal

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 or may not reconvene, in public session for the purpose of taking formal action.

Councilman Forstenhausler made a motion to move into Executive Session at 7:25 p.m. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

Councilman Forstenhausler made a motion to close the Executive Session at 7:50 p.m. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech

Q. ADJOURNMENT

Councilman Forstenhausler made a motion to adjourn the meeting at 7:50 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilman Tkacs
Deputy Mayor Carey
Mayor Loveys

NAYS: None

ABSENT:
Councilwoman Potter
Councilwoman Veech