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

Minutes: January 14, 2016

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Hirniak. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 4, 2015 by e-mailing them the annual resolution adopted by the Council on December 3, 2015. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 10, 2015.

2. Roll Call

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

ABSENT: Councilman Guadagno

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

3. Pledge of Allegiance

Mayor Hirniak led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Gold Award Proclamation

Mayor Hirniak reported that he had attended the Girl Scout celebration recognizing the Bronze, Silver, and Gold Award winners. He introduced Jillian Whiting to the Council and public as a Gold Award recipient and invited to inform everyone on her project. Jillian described her project, and some of her other interests and pursuits. Mayor Hirniak read the proclamation, and presented it to Jillian. He also presented her with a Randolph pin.

Recognizing Girl Scout Jillian Whiting

WHEREAS, Jillian Whiting has been involved in Scouting for the past 13 years and is a member of the Girl Scouts of the United States of America, Troop No. 2180; and

WHEREAS, Jillian Whiting earned the honor of receiving the Girl Scout Gold Award on August 30, 2015; and

WHEREAS, for her Gold Award project, Jillian Whiting worked for six months utilizing discarded windows and spare wood from lumber yards to design and build cold frames in order to enclose and, thereby, extend the growing season for plants in the Ironia School and Interfaith Food Pantry gardens; and

WHEREAS, the students at the Ironia School and the clients of the Interfaith Food Pantry will benefit from these cold frames for many years to come; and

WHEREAS, in addition to her volunteer work at the Interfaith Food Pantry, Jillian Whiting has gone every summer on a mission trip to repair homes with the Appalachian Service Project and is now in her first year at Cornell University where she does research for the aguaclara Project Team, which designs sustainable zero-electricity water treatment plants in Honduras; and

WHEREAS, in achieving this accomplishment, Jillian Whiting 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 Gold Award recipient Jillian Whiting is recognized and congratulated for this exceptional achievement.

C. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road noted that the Council meeting minutes from the January 1, 2016 meeting state that the notice of meetings is posted on the bulletin board adjacent to the Clerk’s Office. She explained that the location of the bulletin board is incorrect, and also that often the agenda is posted too high to read. Mrs. Stewart asked that the Manager’s Office consider relocating the bulletin board or placing the meeting agendas lower on the board.

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

D. MANAGER’S REPORT

The Manager reported the following:

• Sussex Turnpike, Township and County projects—the township water main project is coming to a close; it should be completed in the coming weeks. The next phase of the project is part of a funding request which will be included in the 2016 Capital Budget; that is the Church Road to Harvey Terrace intersection. The County’s project is moving forward aggressively. Because of that pace, the project will be completed on time or possibly ahead of schedule; the scheduled completion date is January 2017. The project will begin to slow down with the cold weather coming in the next 6-8 weeks; they will continue to work on the utility pole relocation. The township has been working with a couple of the businesses on Sussex Turnpike that have been affected by the project, trying to find alternatives to the challenges that the roadway changes are presenting. The Manager explained that, if Council members were interested, he would discuss those issues with them after the meeting as it does pertain to private negotiations.
• Mac Spar Drive—he and the Mayor attended a meeting led by Paul Ferriero and Ralph Carchia on 1/13/16 in which the residents were again given the opportunity to hear the details of the project, and a chance to have their questions answered. The key piece of information reiterated at that meeting is that there is a deadline for them to provide a response on the easements. There is a requirement on this project that the township receives 100% of the easements in order for the project to move forward; that has been more difficult than anticipated due to some unexpected concerns by the residents. The deadline of January 30, 2016 was reiterated to the residents, and a letter will go out to residents not at the meeting advising of the deadline and capturing the information presented at the meeting. If the required easements are not obtained, the Engineering Department will recommend to the Township Council that the project be abandoned; this was also explained at the meeting on 1/13/16.
• Facility Master Plan—he has been working with in-house staff to create the structure of a draft plan, and he has reached out to members of the Council Facilities Workgroup. He will be scheduling a meeting to review the draft, tour the facilities, and then create a final version to be distributed to the full Council as a complement to the 2016 Capital plan.
• EA Porter—a preconstruction meeting was held with the contractor hired for the demolition of the building. The staff is confident that the contractor is good, and that he is on schedule to complete the demolition work by March. The permit application has been submitted to the DEP and other entities that have to approve the work, from wetlands to ground water testing, etc. It is expected that the next phase will begin in June; that will be the site improvement phase, done by a separate contractor. After this phase, it should be ready to be turned over to Habitat for Humanity in early 2018. This timeframe is approximately a year and a half earlier than the schedule which was required by the DEP.
• Parks Master Plan—the committee has been working with the consultant; they are currently prioritizing the recommendations that have come from the public input and the discussions with various stakeholder groups. At the next meeting on January 21st, they will be looking at the recommendations, the estimated cost impacts, and working with the staff to put together a financial plan for the ten year recommendations. It is anticipated that by February or March the consultant will be in a position to present a draft of the plan at a public meeting. Based on feedback from the meeting, the Council, and various stakeholder groups, the plan will then be finalized. Due to the timing with the Capital plan, there may be some recommendations included for 2016; however, the Capital plan can always be amended if necessary.

Councilman Loveys asked if demolition had begun on the EA Porter site and who the contractor was. Manager Mountain replied that demolition will begin in February, and the contractor is Ambient.

Councilwoman Veech asked if there has been any further progress with the cell tower. Manager Mountain replied that the revision to the specifications has been completed; it is anticipated that the project will go out for re-bid by the end of January.

E. COMBINED ACTION RESOLUTIONS

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

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

ABSENT: Councilman Guadagno

NAYS: None

1. Release of Road Opening Cash Bond for Connection to Water Line at 147 Combs Hollow Road, Block 49, Lot 17 to Bryan Bischoff—$500.00

R-24-16

WHEREAS, the Engineering Department has received a request from Bryan Bischoff, for the release of a $500.00 cash road opening bond posted for purpose of connecting to the water line at 147 Combs Hollow Rd., Block 49/Lot 17, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Nov. 13, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection of the water line at 147 Combs Hollow Rd., Block 49/Lot 17 within the Township Right of way; and

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Bryan Bischoff, 147 Combs Hollow Rd., Randolph, NJ 07869.

2. Refund Outside Tax Sale Certificate for Block 156, Lot 8 at 64 Forrest Rd. to Garden State Tax Liens—$9,430.63

R-25-16

WHEREAS, Outside Tax Sale Certificate No. 1968 held by Garden State Tax Liens, LLC, assessed to ID Land Holdings, LLC, Block 156, Lot 8, 64 Forrest Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $9,230.63 and premium in the amount of $200.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $9,430.63 to Garden State Tax Liens, LLC, holder of Tax Sale Certificate No. 1968.

3. Refund Overpayment of Taxes for Block47, Lot 28.27 at 9 India Brook Lane to Bryan Keil—$250.00

R-26-16

WHEREAS, Bryan Keil overpaid 2015 taxes by reason of Veteran deduction in the amount of $250.00 on Block 47, Lot 28.27, 9 India Brook Lane; 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 Bryan Keil.

4. Authorizing Cancellation of Delinquent or Overpayment for Taxes or Water and Sewer of $10.00 and Under

R-27-16

WHEREAS, it is recommended by the Tax Collector that the 2015 delinquent and overpayments for taxes, water /sewer of $10.00 and under be cancelled; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel the 2015 taxes, water/sewer delinquent and overpayments of $10.00 and under.

5. Refund Outside Tax Sale Certificate for Block 101, Lot 7 for 1196 Sussex Tpke to FWDSL & Associates—$35,165.49

R-28-16

WHEREAS, Outside Tax Sale Certificate No. 2041 held by FWDSL & Assoc., assessed to 1196 Sussex Tpke. LLC, Block 101, Lot 7, 1196 Sussex Tpke.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $7,665.49, and premium in the amount of $27,500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $35,165.49 to FWDSL & Assoc. holder of Tax Sale Certificate No. 2041.

6. Refund Outside Tax Sale Certificate for Block 101, Lot 6 at 1200 Sussex Tpke. to Leed Capital—$13,148.27

R-29-16

WHEREAS, Outside Tax Sale Certificate No. 2040 held by Leed Capital, assessed to 1200 Sussex, LLC, Block 101, Lot 6, 1200 Sussex Tpke.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $48.27, and premium in the amount of $13,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $13,148.27 to Leed Capital, holder of Tax Sale Certificate No. 2040.

7. Authorizing Award of MCCPC Contract No. 5 Rebid—Paving Materials—to Tilcon New York

R-30-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract No. 5 Rebid (Paving Materials - Category I, North Region Only); and

WHEREAS, bids had been advertised and received on January 7, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract No. 5 Rebid (Paving Materials - Category I, North Region Only); and

WHEREAS, Tilcon New York in Parsippany, New Jersey, was the lowest responsive and responsible bidder for the items and prices reflected in the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOVLED 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 No. 5 Rebid (Paving Materials - Category I, North Region Only) as noted above for the term of January 14, 2016 - December 31, 2016.

8. Authorizing Default and Rescission of Award for a Portion of MCCPC Contract No. 22 - DPW Uniforms/Work Shoes/Boots from Strongwear Garment for Category A

R-31-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract No. 22 (D.P.W. Uniforms/Work Shoes/Boots); and

WHEREAS, bids had been advertised and received on October 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, the Township awarded Contract No. 22 (D.P.W. Uniforms/Work Shoes/Boots) to various vendors on November 19, 2015; and

WHEREAS, subsequent to the award of the contract by the Township a challenge was made pertaining to the award of Category A (Purchase of DPW Uniforms) to Strongwear Garment in Paterson, New Jersey, stating that several clothing items being offered by the vendor were not in compliance with the bid specifications which require the availability of “bright orange” and “lime/safety green” shirt colors; and

WHEREAS, the MCCPC contacted Strongwear Garment to allow him an opportunity to respond to the challenge, however Strongwear did not respond to the challenge made; and

WHEREAS, in addition, Strongwear Garment neither signed nor returned the copies of the contract within the timeframe stipulated in the General Conditions and Instructions to Bidders; and

WHEREAS, it is recommended that the Township find Strongwear Garment in default of the contract and rescind the award of Category A of Contract No. 22 (D.P.W. Uniforms/Work Shoes/Boots).

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 finds Strongwear Garment in default and authorizes the rescission of Category A of Contract No. 22 (D.P.W. Uniforms/Work Shoes/Boots).

9. Cancelling Unused Balances in Ordinance No. 07-15 for an Infiltration and Inflow Project ($122,000), Ordinance No. 15-14 for the Route 10 Sewer Line Project ($40,000) and Ordinance No. 14-13 for the Purchase of a Sewer Jet Truck ($20,791.14)

R-32-16

WHEREAS, certain General Capital Improvement Authorization balances in Ordinance No. 07-15, No. 15-14 and No. 14-13 remain dedicated to an Infiltration and Inflow Project, the Route 10 Sewer Line Project and the Purchase of a Sewer Jet Truck, respectively; and

WHEREAS, it is necessary to formally cancel these balances.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director is instructed to cancel any unexpended and dedicated balances in Ordinance No. 07-15 for an Infiltration and Inflow Project ($122,000), Ordinance No. 15-14 for the Route 10 Sewer Line Project ($40,000) and Ordinance No. 14-13 for the Purchase of a Sewer Jet Truck ($20,791.14).

10. Cancelling Unused Balances in Ordinance No. 14-13 ($40,000) for the Mendham Water Meter Installation Project and Ordinance No. 10-11 ($35,000) for the Mount Pleasant Water Main Project

R-33-16

WHEREAS, certain General Capital Improvement Authorization balances in Ordinance No. 14-13 and No. 10-11 remain dedicated to the Mendham Water Meter Installation Project and the Mount Pleasant Water Main Project, respectively; and

WHEREAS, it is necessary to formally cancel these balances.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director is instructed to cancel any unexpended and dedicated balances in Ordinance No. 14-13 for the Mendham Water Meter Installation Project ($40,000) and Ordinance No. 10-11 for the Mount Pleasant Water Main Project ($35,000).

11. Authorizing the Creation of a 2016 Temporary Capital Budget by Inserting a West Hanover Water Main Project—$75,000.00

R-34-16

WHEREAS, the Township of Randolph desires to create a 2016 Temporary Capital Budget by inserting herein a West Hanover Water Main Project.

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

12. Authorizing Amending the 2016 Temporary Capital Budget by Inserting a Knights Bridge Pump Station Upgrade Project—$182,791.14

R-35-16

WHEREAS, the Township of Randolph desires to amend its 2016 Temporary Capital Budget by inserting herein a Knights Bridge Pump Station Upgrade Project.

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

13. Release of Police Detail Escrow to Randolph Board of Education—$900.00

R-36-16

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:

Randolph Board of Education $900.00

14. Authorizing Contracts with an Additional Approved Vendor—Storr Tractor—Under the Middlesex Regional Educational Services Commission Cooperative Pricing System (MRESC)

R-37-16

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

WHEREAS, the Township of Randolph on March 10, 2015 via R 75-15, on March 26, 2015 via R 79-15, and on December 3, 2015 via R 334-15 authorized contracts with certain approved MRESC Contract vendors; and

WHEREAS, it’s been determined that a contract in excess of $17,500 has already been entered into with an additional MRESC Contract Vendor; and

WHEREAS, the additional MRESC Contract Vendor has been added to the attached list; and

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

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

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MRESC Contract Vendors shall be until December 31, 2015 or upon expiration of the vendor’s contract whichever is first.

15. Authorizing the Increase of an Award of a Professional Services Agreement to Kristine Wilsusen for Health Specialist Services for the 2015 Calendar Year—from $18,000 to $18,450.00

R-38-16

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

WHEREAS, a professional services agreement was awarded on January 15, 2015 via R 34-15 to Kristine Wilsusen, located at 2 Island Tr, Wharton, NJ 07885 to provide the necessary Health Specialist services for a total amount not to exceed $18,000 ($50 per hour); and

WHEREAS, additional services in the amount of $450 were needed for the remainder of the year; and

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

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

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

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

1. The Township hereby increases the awarded amount of the professional services agreement to Kristine Wilsusen by $450 from $18,000 to $18,450 for Health Specialist services for the remainder of the 2015 calendar year.
2. Kristine Wilsusen shall be compensated for a total contract amount not to exceed $18,450 ($50 per hour).
3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 14, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2015 Budget, Health Department, O & E to award a contract to Kristine Wilsusen for health specialist services, per her proposal submitted to the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-203-27-330-302 (not to exceed $450)

16. Authorizing Award of a Professional Services Agreement to Kristine Wilsusen for Health Specialist Services for the 2016 Calendar Year

R-39-16

WHEREAS, the Township of Randolph (“Township”) requires Health Specialist services for the 2016 calendar year; 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 Kristine Wilsusen located at 2 Island Tr, Wharton, NJ 07885 to provide the necessary Health Specialist services for a total amount not to exceed $22,000; and

WHEREAS, the hourly rate for these services is $55.00; and

WHEREAS, the anticipated term of this contract is for the 2016 calendar year; and

WHEREAS, the contract with Kristine Wilsusen is for a total amount not to exceed $22,000 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, Kristine Wilsusen has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Kristine Wilsusen has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Kristine Wilsusen having an office at 2 Island Tr, Wharton, NJ 07885 to provide Health Specialist services for the 2016 calendar year.
2. Kristine Wilsusen shall be compensated for a total contract amount not to exceed $22,000.
3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 14, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2016 Budget, Health Department, O & E to award a contract to Kristine Wilsusen for health specialist services, per her proposal submitted to the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-27-330-302 (not to exceed $22,000)—pending adoption

17. Release of Performance Bond ($186,750) and Acceptance and Retainage of the Maintenance Bond ($18,675) for the Everdale Road Retaining Wall Replacement Project—Reivax Contracting

R-40-16

WHEREAS, Engineering has received a request from Reivax Contracting for the release of their Performance Bond, No. 2197439, issued by North American Specialty Insurance Company, in the amount of $186,750, for the public improvements associated with the Everdale Road Retaining Wall Replacement Project; and

WHEREAS, it is recommended that the performance bond be released to Reivax Contracting and that the Township accept the required two year Maintenance Bond, No. 21974395, in the amount of $18,675.00, issued by North American Specialty Insurance Company, which was filed with the Township Clerk’s office.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that the Performance Bond, No. 219743, in the amount of $186,750 be released to Reivax Contracting, 356 Thomas Street, Newark, NJ 07114 and that Maintenance Bond No. 21974395, in the amount of $18,675.00, issued by North American Specialty Insurance Company be accepted by the Township of Randolph to serve as the two year Maintenance Guarantee.

18. Release of Performance Bond ($179,274.60) and the Cash Bond ($19,919.40 plus accrued interest) and Acceptance of the Maintenance Surety Bond ($58,880.25) for Public Improvements for Block 111, Lots 19, 20, and 21—Brightview at Randolph, LLC

R-41-16

WHEREAS, Engineering has received a request from Brightview at Randolph to release the remaining performance guarantee for the public improvements associated with the Brightview Development; and

WHEREAS, the initial performance guarantee consisted of a Performance Bond, No. 019-045-026, issued by Liberty Mutual Insurance Company, in the amount of $423,937.80 and a cash bond in the amount $47,104.20, which was received and deposited with the Finance Department; and

WHEREAS, the Township Engineer recommended on January 15, 2015 that the Performance Bond be reduced to $179,274.60 and the cash deposit be reduced to $19,919.40; and

WHEREAS, the Township Engineer has now recommended the release of the remaining portions of the Performance Bond, Bond No. 019-045-026, in the amount of $179,274.60 and the cash bond in the amount $19,919.40 (plus accrued interest). The Township Engineer also recommends that the two year Maintenance Surety Bond, No. 019-045-026, issued by Liberty Mutual Insurance, in the amount of $58,880.25, be accepted by the Township.

NOW, THEREFORE, BE IT, RESOLVED by the Mayor and Council of the Township of Randolph, that the remaining Performance Bond, No. 019-045-026, in the amount of $179,274.60 and the cash bond in the amount of $19,919.40, plus accrued interest, be released to Brightview at Randolph, LLC, 218 North Charles Street, Suite 220, Baltimore, MD 21201 and that the Maintenance Surety Bond, No. 019-045-026 in the amount of $58,880.25 be accepted as recommended by the Township Engineer.

19. Authorizing Mayor Signing Letter Opposing Increases in the Size of Tractor-Trailer Trucks

R-42-16

WHEREAS, the Township of Randolph is concerned with the welfare of motorists, and the cost, quality and reliability of our infrastructure; and

WHEREAS, the trucking industry is an important part of the nation’s economy and safely sized trucks are vital to truck drivers to conduct their essential work in a safe and responsible manner; and

WHEREAS, longer trucks would further endanger motorists and the U.S. Department of Transportation (USDOT) concluded that double 33 trucks need 22 more feet to stop than current double-trailer trucks on our roads; and

WHEREAS, allowing longer trucks would threaten the safety of the traveling public because longer trucks have longer stopping distances, increased roll-over vulnerability and poorer low speed off-tracking; and

WHEREAS, more than half the bridges on the National Highway System are over 40 years old and nearly 25 percent are rated as structurally deficient or functionally obsolete; and

WHEREAS, the State of New Jersey has 621 bridges that are rated as structurally deficient and 1,722 that are rated as functionally obsolete as of 2014, according to the Federal Highway Administration (FHWA); and

WHEREAS, double 33 trucks will require nearly 2,500 Interstate and other National Highway System bridges to be posted or face further damage, costing up to $1.1 billion in immediate bridge work, according to USDOT; and

WHEREAS, 38 percent of New Jersey’s roadways are in poor condition and today’s truck operations accelerate the deterioration of road surfaces and bridges; and

WHEREAS, double 33 trucks will increase pavement damage by 1.8 to 2.7 percent per year nationwide, according to USDOT; and

WHEREAS, increasing truck size will further compromise the safety of motorists and the quality of the Township of Randolph’s roads and bridges; and

NOW, THEREFORE, BE IT RESOLVED, that the Township of Randolph Township Council opposes any increase in truck size.

20. Authorizing Mayor to Sign Application for CDBG Grant Money for Installing an Exterior Wheelchair Lift at the VFW Building on Carrell Road in Randolph

R-43-16

WHEREAS, Randolph Township has made an application for CDBG grant money for the purposes of installing an exterior wheelchair lift at the VFW Building located at 103 Carrell 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 Randolph.

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 Randolph the request for a CDBG Grant and authorizes Mayor to sign the Grant Agreement.

21. Authorizing the Award of a Professional Services Agreement for Veterinary Services for 2016 Calendar Year with American Animal Hospital and Animal Clinic of Morris Plains

R-44-16

WHEREAS, the Township of Randolph (“Township”) requires veterinary services for the 2016 calendar year; and

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

WHEREAS, the anticipated term of this contract is for the 2016 calendar year; and

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

WHEREAS, American Animal Hospital and Animal Clinic of Morris Plains have submitted to the Township copies of their State of NJ Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains American Animal Hospital (1202 Sussex Turnpike, Randolph, NJ 07869) and Animal Clinic of Morris Plains (3009 Rt 10, Morris Plains, NJ 07950) to provide veterinary services for the 2016 calendar year, with the option of which provider is used, when used and how often being at the sole discretion of the Township of Randolph.
2. American Animal Hospital and Animal Clinic of Morris Plains shall be compensated for services rendered per the attached fee schedule.
3. The entire aggregate contract amount will not exceed $17,000.
4. The contracts with said providers are for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
5. The awards are also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
6. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
7. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
8. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 14, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Dog Trust Fund, to award a contract to the American Animal Hospital and the Animal Clinic of Morris Plains for veterinary services, per their proposals submitted to the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 12-225-00-000-002 (not to exceed $17,000)

22. MAC Grant Governor’s Council on Alcoholism and Drug Abuse Fiscal Grant Cycle July 2016 - June 2017—$17,248.00

R-45-16

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 2017 in the amount of:
   DEDR 17,248
   Cash Match 4,312
   In-Kind 12,936
2. The Township Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

23. Authorizing the Execution of a Site Access Agreement with Calais Road Farms, LLC

R-46-16

WHEREAS, the Township of Randolph (“Township”) is the owner of certain property formally known as Block 49, Lot 3 on the Official Tax Map of the Township of Randolph, and more commonly known as 49 Doby Road (“Township Property”); and

WHEREAS, Calais Road Farms, LLC is the owner of certain property formally known as Block 47, Lot 34 on the Official Tax Map of the Township of Randolph, and more commonly known as 95 Calais Road (“Calais Road Farms Property”); and

WHEREAS, Calais Road Farms, LLC is investigating the environmental conditions on the Calais Road Farms Property under New Jersey Department of Environmental Protection Public Interest No. 012189; and

WHEREAS, Calais Road Farms is required to delineate the extent of and remediate any contamination that may have resulted from the conditions on the Calais Road Farms Property; and

WHEREAS, in connection with the investigation, the Township executed a Site Access Agreement on February 19, 2015 which allowed Calais Road Farms, LLC to access the Township Property and install three monitoring wells to collect groundwater samples; and

WHEREAS, as the result of finding certain contaminants in the groundwater samples collected from the three monitoring wells installed pursuant to the February 19, 2015 Site Access Agreement, Calais Road Farms, LLC has requested permission to access the Township Property to install an additional two monitoring wells; and

WHEREAS, the Township has agreed to grant Calais Road Farms, LLC access to the Township Property to install the two additional monitoring wells in accordance with the terms and conditions of a Site Access Agreement dated January 14, 2016; and

WHEREAS, the Township desires to authorize the execution of said Site Access Agreement.

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

1. The Township hereby authorizes the execution of a Site Access Agreement by and between Calais Road Farms, LLC and the Township of Randolph dated January 14, 2016.
2. The Mayor and Township Attorney are hereby authorized to review and approve any minor, non-substantive changes in the Site Access Agreement that may result from further review prior to final execution thereof.
3. 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.
4. This Resolution shall take effect immediately.

24. Raffle License, Off-Premise 50/50, St. Virgil’s School Booster Club, March 5, 2016 at the Skylands of Randolph, 792 Route 10, Randolph at 8:00 p.m.

25. Raffle License, On-Premise 50/50, St. Virgil’s School Booster Club, March 5, 2016 at the Skylands of Randolph, 792 Route 10, Randolph, 5:00 p.m. to 10:00 p.m.

26. Raffle License, Tricky Tray, St. Virgil’s School Booster Club, March 5, 2016 at the Skylands of Randolph, 792 Route 10, Randolph, 5:00 p.m. to 10:00 p.m.

27. Raffle License, On-Premise 50/50, HSA Morris Hills High School at the Skylands of Randolph, 792 Route 10, Randolph, March 11, 2016 from 5:00 p.m. to 11:00 p.m.

28. Raffle License, Tricky Tray, HSA Morris Hills High School at the Skylands of Randolph, 792 Route 10, Randolph, March 11, 2016 from 5:00 p.m. to 11:00 p.m.

F. UPCOMING EVENTS

1. Randolph Area Chamber of Commerce Luncheon at LaStrada Restaurant—Guest Speaker—Roman Hirniak—Thursday, January 21 at 11:45 a.m.
2. Council Only—Randolph Rescue Squad Annual Installation Dinner Dance—Saturday, February 13 at 6:00 p.m.—Skylands—RSVP by 1/30/16 to .(JavaScript must be enabled to view this e-mail address)
3. Morris Habitat for Humanity Hearts and Hammers Event—Saturday, February 27th from 6 p.m. - 11 p.m. at Meadow Wood Manor—$250 per person—RSVP by 2/5 at http://www.morrishabitat.org
4. Morris County Chamber of Commerce—January 26th—Lunch and Learn: Avoid Cyber Attacks—11:45 a.m. to 1:15 p.m. at the Chamber of Commerce, 325 Columbia Turnpike, Florham Park
5. Morris County League of Municipalities—State of the State—February 17th—5:15 p.m. at the Birchwood Manor
6. Randolph Theater Booster Club Cabaret Night—February 5th at 6:00 p.m. at Randolph H.S.

G. ORDINANCES: INTRODUCTION

1. Ordinance No. 01-16: Calendar Year 2016 Ordinance to Exceed Municipal Budget Appropriation Limits and to Establish a Cap Bank

Manager Mountain explained that the ordinance increases the Cap for the appropriations; it establishes a Cap Bank which allows for flexibility with budgeting.

BE IT RESOLVED, that an Ordinance entitled “CALENDAR YEAR 2016 ORDINANCE TO EXCEED MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.15a et seq.)” 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 11th of February, 2016 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

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

ABSENT: Councilman Guadagno

NAYS: None

2. Ordinance No. 02-16: An Ordinance of the Township of Randolph Appropriating $75,000 from the Capital Improvement Fund for the West Hanover Water Main Project

Manager Mountain explained that this ordinance reappropriates funds for this project. As referenced earlier, the expedience with which the contractor is moving on Sussex Turnpike has moved ahead the timing of when they need the water line that presently runs down West Hanover to Sussex to align with the new alignment of West Hanover. By reappropriating funds instead of the traditional way of going through the Capital, the funding is available sooner, allowing the work to be done and not hold up the contractor. Ralph Carchia explained this water main project is being done in-house; the project will install a water main of about 1,000 feet to connect with the contractor’s water line at the realignment of West Hanover and Sussex Turnpike.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $75,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE WEST HANOVER WATER MAIN PROJECT” 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 11th of February, 2016 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Napoliello 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 Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak

ABSENT: Councilman Guadagno

NAYS: None

3. Ordinance No. 03-16: An Ordinance of the Township of Randolph Appropriating $182,791.14 from the Capital Improvement Fund for the Knights Bridge Pump Station Upgrade

Manager Mountain explained that this is also a reappropriation ordinance. It is a supplemental ordinance; this project was initially funded through a prior ordinance. It was put out to bid in the summer of 2015; the bids came back in excess of the estimate. Staff met with the project designer to determine the reasoning behind the costs. It was determined that it was primarily market changes from the time when the project was initially estimated. Therefore, there would be a need for supplemental funding to ensure that when it was rebid, there would be the appropriate level of funding. The Manager explained that this is another project in which they did not want to wait for the Capital process in order to begin the project. Ralph Carchia explained that there are many components to the project; the upgrades are necessary because the Butterworth Phase II project associated with the Pulte development will be starting shortly. It is important to get this upgrade done before the other components begin.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $182,791.14 FROM THE CAPITAL IMPROVEMENT FUND FOR THE KNIGHTS BRIDGE PUMP STATION UPGRADE” 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 11th of February, 2016 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Loveys asked what the entire pump station upgrade will cost. Manager Mountain and Ralph Carchia stated it was about $625,000.

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 Loveys
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak

ABSENT: Councilman Guadagno

NAYS: None

H. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road reported that the Library is having their monthly concert on Sunday at 2:00 p.m. She also stated that the Library will be open on Martin Luther King Jr. day.

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

I. COUNCIL COMMENTS

Councilman Loveys explained that he had sent the 2015 performance evaluations for Manager Mountain and Township Clerk, Donna Luciani, to the Council via email. The process is the same as in previous years. He asked for the Council members to return the evaluations; he anticipates having the results back to the Council members no later than January 27th. The evaluations will be presented to the Manager and the Clerk in Executive Session on January 28th. Outlines of the evaluation forms are available for the public to view. There are two parts to the evaluation, a numerical ranking for several factors, and a comment section. Mayor Hirniak encouraged the Council members to provide comments on the forms.

Councilman Loveys reported that he was unable to attend the January TAC meeting due to a prior commitment. He shared that every month the police officer liaison to the TAC, currently Rich Biase, presents a monthly motor vehicle activity report which contains a lot of data. The monthly data is compared to the previous year’s data for the same month, as well as the year to date comparisons. Councilman Loveys reported that summonses issued in November 2015 were up approximately17% from November 2014; speed enforcement was up approximately 20%. He also reported that Jim Maraska will again be the Chairperson for TAC.

Councilman Napoliello reported that he attended the Board of Health meeting on January 11th. Ron Millman is continuing as the President, and Gail Pearson is the Vice President. Jem Andican was promoted to Senior Health Inspector. He also reported that at the meeting they discussed that 5% of lung cancer is attributed to radon.

Councilman Forstenhausler reported that he attended the Township Safety Committee meeting. The fourth quarter of 2015 was very safe, with five minor injuries and two motor vehicle accidents; Randolph has one of the lowest accident rates in the area. The committee believes that is in part due to the number of JIF classes that are attended by the municipal employees. The JIF class schedule for 2016 was distributed at the Safety Committee meeting. Councilman Forstenhausler also reported that the Health Department reported at the Safety Committee meeting that the previous JIF inspector, John Zengel, contracted shingles which triggered a rare reaction that left him almost disabled; he is fighting to come back from it. The Health Department wanted to remind everyone that they have the shingles vaccine, and it is free.

Councilwoman Veech reported that she attended the Parks Committee meeting; they are very interested in the progress of the Parks Master Plan. Jeff Stickle is again Chairperson and Bernie Barrish is Vice Chairperson. Russ Newman reported at the meeting that, due to the good weather, there was a lot of work completed in the fall that would typically be done in the winter. Councilwoman Veech added that two of the cameras installed in the park were purposely damaged by teens throwing a basketball at them. When the camera was hit, it turned down and got pictures of the car. The police got involved, a report was written, and the teens were caught. The committee felt the police should proceed with charges against the two teens involved.

Deputy Mayor Carey reported that she has not had any liaison committee meetings yet this year. However, she reported that the previous Sunday she was attending mass at Resurrection Parish when a parishioner became very ill. The response of the parishioners was incredible, with immediate help to the man and a call to 911. Within minutes, the police and rescue squad arrived and handled the situation very well.

Mayor Hirniak reported that in the two weeks since becoming Mayor, he has taken the opportunity to go out into the community and represent the township, and the Council. He, Deputy Mayor Carey, and Councilwoman Veech attended the County’s Reorganization meeting on January 3rd. Mayor Hirniak attended the Girl Scout Award celebration on January 5th. On January 6th he attended a reception at Picatinny Arsenal, at the home of the Base Commander, Brigadier General Patrick Burden. The Brigadier General and his wife, Dr. Vera Burden, hosted the reception; it was a meet and greet in which other local officials attended as well. Later in the evening on January 6th, the Mayor spoke at a local club meeting at LaStrada.

Mayor Hirniak also reported that at the Planning Board meeting on January 11th, there was one application approved. The application was to allow for a medical office building to go into a house that currently stands on Route 10 West, near the entrance to Skylands. The husband and wife who made the application are a dentist and an optometrist; they will be making improvements to the existing structure as well as improvements to the parking area.

Mayor Hirniak reported that he and Councilman Loveys attended a joint networking event between the Roxbury and Randolph Chambers of Commerce on January 12th. He felt it was well attended by people in Randolph, as well as by people from Mt. Olive and Jefferson.

Mayor Hirniak reported that he attended the meeting on January 13th with the residents of Mac Spar Drive. This was his first time attending a meeting chaired by Paul Ferriero or Ralph Carchia, and he felt they did an excellent job.

J. EXECUTIVE SESSION

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

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

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

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

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

Tax Appeals
Update Affordable Housing 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 Executive Session, the Council will reconvene in public session for the purpose of taking formal action.

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

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello (left the room prior to vote)
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak

ABSENT: Councilman Guadagno

NAYS: None

Councilwoman Carey made a motion to close the Executive Session and re-open to public at 8:35 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

ABSENT: Councilman Guadagno

NAYS: None

K. RE-OPEN TO THE PUBLIC

Mayor Hirniak stated that the Council will now consider Resolution No. 47-16, authorizing the settlement of certain residential and commercial tax appeals.

Councilman Forstenhausler made a motion to approve Resolution No. 47-16. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

ABSENT: Councilman Guadagno

NAYS: None

R-47-16

Tax Appeal—Resolution Authorizing the Settlement of Certain Residential and Commercial Tax Appeals

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

; 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 Expert 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:

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.

L. ADJOURNMENT

Councilman Napoliello made a motion to adjourn the meeting at 8:36 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

ABSENT: Councilman Guadagno

NAYS: None