All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.
Minutes: July 7, 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 Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
Also present: Township Manager Mountain, and Keli Gallo and Ed Buzak from the Law Office of Edward Buzak.
3. Pledge of Allegiance
Mayor Hirniak led the Pledge of Allegiance.
B. OPEN TO THE PUBLIC
Judith Stewart of 114 Everdale Road reported that she attended the Freeholder’s meeting at Morris View, and expressed her concern over the prospect of losing the facility. Mrs. Stewart also noted that the Library is hosting outdoor concerts on Monday nights, there are five more this summer. Lastly, Mrs. Stewart explained that for many years she has been taking care of the island at the intersection of Millbrook Avenue and Everdale Road. She stated that the road department was aware that she spent many hours per month weeding because they would pick up the debris she left. Mrs. Stewart felt that the road department should have told the Manager to let her know the plan for the work so she could have removed the perennials. She was very upset about the handling of the Millbrook Avenue resurfacing project, including the difficulty she had entering and exiting her driveway.
Mayor Hirniak stated that he and the Council wish her husband the best of health. He also stated that after the meeting, or another day, Manager Mountain could discuss her concerns with regard to the island and to the Roxbury Police working the road detail on Millbrook Avenue.
Seeing no one further from the public, the public portion was closed.
C. MANAGER’S REPORT
Manager Mountain reported the following:
- Ironia Bridge Replacement Project—he attended a pre-construction meeting. The Morris County Bridge Department will be overseeing; the county awarded the project to Ron Jon Construction, and it is scheduled to begin in early September. The design for the bridge remains the same as what was shown to the Council in the past. The project will require Ironia Road to be closed to through traffic for approximately 2 1/2 months. Local traffic will be allowed to residents on both sides of the span. Township staff will be working with the County over the next month to communicate the road closing information, as well as advising local residents of the project.
- Habitat for Humanity/EA Porter Project—he met with representatives from Morris Habitat and the township’s professional team to review the status of the project. The biggest issue currently is obtaining the final DEP permits for the project; it was anticipated that this would be the lengthiest portion of the process. The wetlands permit was received. The flood hazard area permit is still pending. On new maps issued by FEMA, the property is no longer in a flood plain; however, the DEP uses the old maps until the new maps are approved. The DEP would not grant a waiver, despite the change from FEMA. Concurrently, township staff is working with professionals to prepare bid specifications for the soil remediation and the site improvement work; this work will be put out to bid in the fall. It is likely that the flood hazard area permit will be issued by mid-September. At this point, soil remediation will be done over the winter, and site work will begin in the spring of 2017; the project is still expected to be completed in 2018.
- Combined Curbside Garbage and Recycling Contract—he has been meeting with Mark Caputo and Liz Crescibene on a draft contract for garbage and recycling collection with one vendor. Once the draft specifications are complete, he will re-assemble the work group that worked on recycling specifications to review the specifications for this new contract. This contract would be effective January 2017.
- Police Sergeant—the exam process is underway for the selection of the new Sergeant to replace Carl LeMarble. The written portion was conducted, and four officers received scores qualifying them for the oral portion which will take place on July 11th. The appointment of the new Sergeant is expected in early August.
- Road Paving—additional roads will be milled and paved next week, with the completion of the middle phase in the next week to ten days, weather permitting. The final phase will be completed in late summer or early fall. The paving on Millbrook Ave. is scheduled for July 11 and 12; 75% of the state funding has already been received. This project should be completed by the middle to end of July.
- Manager Mountain responded to Judith Stewart’s concerns, and explained that the township would work with her to coordinate the replanting of the island at the intersection of Millbrook Avenue and Everdale Road. He also explained that the police officers managing the traffic on Millbrook Avenue are working a special detail; it is on a sign-up basis, therefore, officers in other departments are eligible to work. The Manager is hoping that the Ordinance the Council recently passed to raise the outside detail rate for police officers, will encourage more Randolph officers to take the overtime when it’s available.
- Sussex Turnpike, Township Project—the water line project between Harvey Terrace and Church Road is moving quickly, the contractor is about two to three weeks ahead of his projected schedule. As of next week, the contractor will be working at night to complete the last stretch of the project, the bend near Harvey Terrace. With the completion of the project ahead of schedule, the township will save money on the associated police detail. It will also save on inspection services.
- Sussex Turnpike, County Project—the intersection of West Hanover Ave. and Sussex Turnpike—a couple of key elements remain. The County opened the intersection despite the fact that there were poles in the roadway; township staff was asked their opinion, and the opinion was to not open the road. However, the County did open the road and it had a negative impact on traffic, mostly due to the timing of the traffic light not being in sync with the traffic light at Millbrook Avenue. Now that the lights have been sequenced, traffic is better, but the issue will remain until the poles are removed. He has contacted Verizon to expedite the removal of the poles, but it will likely take two more weeks. He has advised residents who have called that the intersection is two county roads, and the township does not make the final decision.
Councilman Guadagno asked if the bridge on Ironia Road was the small one over the Burnett Brook Creek, and was surprised that it would take over two months to repair. Manager Mountain replied that was the information he received from the County.
Councilman Guadagno asked if the garbage and recycling collections were both going to be on the same day. Manager Mountain explained that different options would be included in the bid specifications.
Councilman Guadagno asked if the water line was going into, or past, Harvey Terrace. Manager Mountain explained that it was going right to the intersection of Harvey and Sussex Turnpike, extending the water line into those roads is scheduled for later this year.
Councilman Guadagno asked why the utility lines were not put underground by the intersection of West Hanover Avenue and Sussex Turnpike. The Manager stated it was the cost. Councilman Guadagno felt that information should have been provided to the township, and the township should have been allowed to provide input. Manager Mountain explained that the cost of putting in underground utilities is so excessive that the County would not have done it, and from what he knows of the cost, the township would not have been able to assume that cost.
D. APPROVAL OF MEETING MINUTES
1. Authorizing the Approval of Regular Meeting Minutes from May 5, 2016
Deputy Mayor Carey made a motion to approve the Regular Meeting Minutes from May 5, 2016. Councilman Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello (abstain)
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None
E. COMBINED ACTION RESOLUTIONS
Item #3, Agreement with AXA for Deferred Compensation Plan—Councilman Guadagno asked for clarification. Manager Mountain explained that it is an agreement with a deferred compensation provider; the township currently has a provider for the employees. This is for the employees investment options with their own money, it is no cost to the township; many municipalities now offer a second option since providers have a different range of plans. This Resolution allows the township to execute an agreement with AXA Financial Services; the township currently receives support from ICMA-RC. Councilwoman Veech asked how AXA was chosen. Manager Mountain replied that a Request for Proposal was sent out, and four proposals were received. He and Darren Maloney met with the finalists in an interview process, and AXA was selected based on their submittal and the interview. They had the best pricing of all of the proposals, they liked that they were local, and felt AXA complemented what was currently available to employees. There is no cost to the township.
Councilman Napoliello made a motion to accept the Combined Action Resolutions. Councilman Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None
1. Authorizing the Release of a Police Detail Escrow for Randolph Education Foundation—$425.78
R-192-16
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 Education Foundation $425.78
2. Approving the Corrective Action Plan and Authorizing its Submission to the Division of Local Government Services
R-193-16
WHEREAS, in accordance with Local Finance Notice 92-15, all municipalities must prepare a Corrective Action Plan as part of their annual audit process; and
WHEREAS, the 2015 Audit report for the Township of Randolph has been filed; and
WHEREAS, attached is the Township’s Corrective Action Plan as a result of the 2015 audit.
NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a Corrective Action Plan be approved and submitted to the Division of Local Government Services.
3. Authorizing the Execution of an Agreement with AXA for the Township to Offer an Internal Revenue Code Section 457 Deferred Compensation Plan to Eligible Employees
R-194-16
WHEREAS, the Township of Randolph (hereinafter referred to as the “Employer”) desires to attract and retain qualified employees to the Employer and, as a means thereof, is contemporaneously adopting an Internal Revenue Code Section 457 Deferred Compensation Plan (hereinafter referred to as the “Plan”) for the purpose of making available to eligible employees the accrual of tax benefits under such Plan; and
WHEREAS, the Employer desires such Plan to comply with the Small Business Job Protection Act of 1996, the Economic Growth and Tax Relief Reconciliation Act of 2001, the Job Creation and Worker Assistance Act of 2002, the final Internal Revenue Code (“Code”) Section 415 regulations, Pension Protection Act of 2006, the Heroes Earnings Assistance and Relief Tax Act of 2008 and the Worker, Retiree, and Employer Recovery Act of 2008 amendments to Section 457 of the Internal Revenue Code, such amendments being necessary to maintain the Plan as an eligible Deferred Compensation Plan within the meaning of Section 457 of the Internal Revenue Code of 1986 (“Code”), as subsequently amended; and
WHEREAS, the Employer also desires such Plan to comply with the regulations promulgated under Code Section 457 (including proposed revisions thereto); and Internal Revenue Service Revenue Procedures 2004-12 and 2004-56; and
WHEREAS, the offering of additional investments from another contractor will provide additional retirement investment options to participating employees; and
WHEREAS, AXA has been found to possess the necessary administrative, enrollment, and servicing capabilities for the Plan.
NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the Plan prepared by AXA and assigned Plan Document identifier 66-PD-Equitable-053107 by the Director of the Division of Local Governmental Services.
BE IT FURTHER RESOLVED that the Employer is adopting a Deferred Compensation Plan substantially similar to one on which a favorable Private Letter Ruling has been previously obtained from the Internal Revenue Service except for provisions added by reason of the Small Business Job Protection Act of 1996 (United States Public Law No. 104-88), the Economic Growth and Tax Relief Reconciliation Act of 2001 (United States Public Law No. 107-16), the Job Creation and Worker Assistance Act of 2002 (United States Public Law No. 107-147), the final Internal Revenue Code (“Code”) Section 415 regulations, Pension Protection Act of 2006 (United States Public Law No. 109-280), the Heroes Earnings Assistance and Relief Tax Act of 2008 (United States Public Law No. 110-245) and the Worker, Retiree, and Employer Recovery Act of 2008 (United States Public Law No. 110-458), and regulations promulgated under Code Section 457 (including proposed revisions thereto), and Internal Revenue Service Revenue Procedures 2004-12 and 2004-56, and all such provisions are stated in the Plan in terms substantially similar to the text of those provisions in Internal Revenue Code Section 457. The use of the Ruling is for guidance only and the Employer acknowledges that for Internal Revenue Service purposes, the Ruling of another employer is not to be considered precedent.
BE IT FURTHER RESOLVED that the Plan Administrator-the Finance Director/CFO, shall be designated as the official representative of the Township of Randolph and Local Plan Administrator for the Administration of the Plan.
BE IT FURTHER RESOLVED that AXA shall be retained by the Employer as a contractor under the Deferred Compensation Plan, and AXA shall educate all eligible employees of the Employer regarding the Plan and shall enroll and service those eligible employees who participate in the Plan. As enrolling agent, AXA shall be the exclusive agent for its funding options to be offered under the Plan.
BE IT FURTHER RESOLVED that there has been no collusion or evidence or appearance of collusion between any local official and a representative of the contractor in the selection of a contractor for the administration of a Service Agreement pursuant to N.J.A.C. 5:37-5.7.
BE IT FURTHER RESOLVED that the Township Manager is authorized to execute a Service Agreement with AXA and that such Service Agreement has been assigned by the Director of the Division of Local Government Services the following identifier: 66-SA-Equitable-053107 and to submit all necessary documents to the Director of Local Government Services in the State Department of Community Affairs for approval.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services within the State Department of Community Affairs.
4. Authorizing Contracts with Additional Certain Approved State Contract Vendors for Contracting Units Pursuant to N.J.S.A. 40A:11-12a
R-195-16
WHEREAS, the Township of Randolph on February 11, 2016 via R 55-16, on March 10, 2016 via R 92-16, and on March 31, 2016 via R 104-16 authorized contracts with certain approved State Contract Vendors pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c); and
WHEREAS, it’s been determined that contracts in excess of $17,500 will be entered into with additional State Contract Vendors; and
WHEREAS, the additional State Contract Vendors have been added to the attached list.
NOW, THEREFORE, BE IT RESOLVED, that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from the additional approved New Jersey State Contract Vendors on the attached list, pursuant to all conditions of the individual State contracts; and
BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and
BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the Referenced State Contract Vendors shall be until December 31, 2016 or upon expiration of the vendor’s contract whichever is first.
5. Refund Outside Tax Sale for Block 131, Lot 37, 181 Millbrook Avenue to US Bank—$7,554.47
R-196-16
WHEREAS, Outside Tax Sale Certificate #2046 held US Bank for BV001 Trust, assessed to Sinda Lou Klotzbach, Block 131, Lot 37, 181 Millbrook Ave.; and
WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,554.47 and premium in the amount of $4,000.00.
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 $7,554.47 to US Bank for BV001 Trust holder of Tax Sale Certificate #2046.
6. Authorizing the Award of a Professional Services Agreement to Ferriero Engineering, Inc. for Professional Engineering Inspection Services for the Sussex Turnpike Water Main Replacement—Phase 2 Project—Not to Exceed $30,000.00
R-197-16
WHEREAS, the Township of Randolph (“Township”) requires professional engineering inspection services for the Sussex Turnpike Water Main Replacement—Phase 2 project until the project is fully completed; 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 Ferriero Engineering, Inc. located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary professional engineering inspection services for the Sussex Turnpike Water Main Replacement—Phase 2 project for a total amount not to exceed $30,000; and
WHEREAS, the fees for these services are as noted in the attached proposal; and
WHEREAS, the anticipated term of this contract is until the project is fully completed; and
WHEREAS, the contract with Ferriero Engineering, Inc. is for a total amount not to exceed $30,000 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, Ferriero Engineering, Inc. has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and
WHEREAS, Ferriero Engineering, Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and
WHEREAS, there are funds available for the retention of such professional services; and
WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:
- The Township hereby hires, employs and retains Ferriero Engineering, Inc. having an office at PO Box 571, 180 Main St, Chester, NJ 07930 to provide professional engineering inspection services for the Sussex Turnpike Water Main Replacement—Phase 2 project until the project is fully completed.
- Ferriero Engineering, Inc. shall be compensated for a total contract amount not to exceed $30,000.
- 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.
- 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: July 7, 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 Water Capital Fund, Ordinance 10-16, Sussex Turnpike Water Project, to award a contract to Ferriero Engineering, for engineering services, per its proposal submitted to the Township.
Darren Maloney
Chief Financial Officer
Budget Accounts: 06-215-55-911-600 (not to exceed $30,000)
7. Authorizing the Execution of a Municipal Reimbursement Agreement in Connection with the Development of Property Known as Block 101, Lot 22.01 (Kensington Square)
R-198-16
WHEREAS, the Township of Randolph (“Township”) and Kensington Square Condominium Association, Inc. (“Kensington Square”) desire to enter into a Municipal Reimbursement Agreement pursuant to N.J.S.A. 40:67-23.1 et seq. in connection with the construction of a residential development on property formally known as Block 101, Lot 22.01 on the Official Tax Map of the Township of Randolph; and
WHEREAS, there has been prepared a Municipal Reimbursement Agreement by and between the Township and Kensington Square with a last revision date of May 31, 2016; and
WHEREAS, the Township desires to authorize the execution of the Municipal Reimbursement Agreement subsequent to its execution by Kensington Square.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being the Governing Body thereof as follows:
- All the terms and conditions of a certain Municipal Reimbursement Agreement with a last revision date of May 31, 2016 by and between the Township of Randolph and Kensington Square Condominium Association, Inc. are hereby approved, ratified and confirmed by the Township of Randolph.
- The Mayor and Clerk are hereby authorized to execute said Municipal Reimbursement Agreement subsequent to the execution by the Developer and together with other appropriate officers and employees of the Township are hereby authorized to take all steps necessary to effectuate the purposes of this Resolution.
- The Township hereby authorizes and approves any non-substantive modifications to the Municipal Reimbursement Agreement as may be recommended and approved by the Township Manager and Township Attorney prior to execution.
- This Resolution shall take effect immediately.
8. Release of Cash Road Opening Bond for the Purpose of Connecting to the Township Waterline at 28 W. Elizabeth Drive, B 74, L 1 to Robert Curnow—$500.00
R-199-16
WHEREAS, the Engineering Department has received a request from Robert Curnow for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township waterline at 28 W. Elizabeth Drive, Randolph, BL 74, L 1; and
WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 17, 2016; and
WHEREAS, the Applicant was required to post this cash bond to guarantee the connecting to the township waterline at 28 W. Elizabeth Drive, Randolph., 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 Robert Curnow at 324 Malapardis Road, Morris Plains, NJ 07950.
9. Authorizing the Rescission of a Portion of MCCPC Contract #13-A (Fire Equipment Services) from Allied Fire & Safety Equipment and Re-Award to City Fire Equipment Company in East Hanover, NJ
R-200-16
WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #13-A (Fire Equipment Services); and
WHEREAS, bids had been advertised and received on April 6, 2016, in accordance with Local Public Contracts Law; and
WHEREAS, the Township Council awarded Contract #13-A to various vendors and rejected the bid submitted by City Fire Equipment Company due to the fact that City Fire Equipment Company did not submit certifications with their bid proposal as directed in the bid specifications on May 19, 2016; and
WHEREAS, subsequent to the award a protest was lodged by City Fire Equipment Company on the basis that the bid specifications were not clear that the certifications had to be submitted at the time of the bid; and
WHEREAS, upon review by MCCPC counsel it was determined that, despite the interpretation at the time by the MCCPC, the bid specifications were vague on the point of when the certifications could be submitted; and
WHEREAS, it is recommended that Category 3 and Category 6, Sub-Categories D, F and G, be rescinded from Allied Fire & Safety Equipment and re-awarded to City Fire Equipment Company in East Hanover, New Jersey, as shown on the attached Notification of Award for a one-year term.
NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rescission of the above noted items from Allied Fire & Safety Equipment.
BE IT FURTHER RESOLVED that the Township Council authorizes the re-award of the above noted items to City Fire Equipment Company for the term of approximately July 8, 2016 - June 30, 2017.
10. Refund a Portion of Registration for Child for Teen Travel Camp to Lisa Fusco, 17 Quail Run—$850.00
R-201-16
WHEREAS, Lisa Fusco registered their child for Teen Travel Camp and paid the fee of $950.00; and
WHEREAS, her child will not be attending the Teen Camp due to a conflict.
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 Russ Newman, Director of Parks, Recreation and Community Services that $850.00 be refunded to Lisa Fusco, 17 Quail Run, Randolph, NJ 07869.
11. Refund Road Opening Cash Bond for Installing a New Driveway at 3 Village Court, Block 33.01, Lot 5 to Colin McArthur—$500.00
R-202-16
WHEREAS, the Engineering Department has received a request from Colin McArthur for the release of a $500.00 cash road opening bond posted for the purpose of installing a new driveway at 3 Village Court, Randolph NJ, Bl 33.01/L 5; and
WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 20, 2016; and
WHEREAS, the Applicant was required to post this cash bond to guarantee the installing of a new driveway at 3 Village Court, Randolph NJ, 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 Colin McArthur at 3 Village Court, Randolph, NJ 07869.
F. UPCOMING EVENTS
- Randolph Area Chamber of Commerce, Wednesday, July 20th from 7:15 am to 9:00 am, Heath Village Retirement Community, 430 Schooleys Mountain Rd., Hackettstown, NJ—RSVP is necessary to mountolivechambernj.com/events
- Board of Chosen Freeholders, Wednesday, July 13th at 9:30 am, Administration Building, 5th Floor, Morristown—Update on Zika Virus, open to the public
G. ORDINANCES: SECOND READING/PUBLIC HEARING
1. Ordinance No. 17-16: An Ordinance Eliminating the Separate Environmental Commission and Advisory Landmark Committee and Establishing One Advisory Environmental and Landmark Committee
BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE ELIMINATING THE SEPARATE ENVIRONMENTAL COMMISSION AND ADVISORY LANDMARK COMMITTEE AND ESTABLISHING ONE ADVISORY ENVIRONMENTAL AND LANDMARK COMMITTEE” be read by title on second reading and a hearing held thereon.
Manager Mountain explained that this Ordinance eliminates the two separate committees, and consolidates them into one committee.
OPEN TO THE PUBLIC
Judith Stewart of 114 Everdale Road described a situation at a Board of Adjustment meeting where the Environmental Commission and its representative provided information related to a resident’s request. Mrs. Stewart asked if the new, combined committee would have the same influence as the former Environmental Commission. Ed Buzak responded that in the Council-Manager form of government, the Manager and Council govern the municipality, and everything else is done through committees, which is why the change is being made. A Commission has additional powers under the statute that a Committee does not; however, in terms of functions, he did not foresee any change. Keli Gallo added that the committee is also entitled to receive copies of every development application. Mayor Hirniak added that this issue previously came up, and the Council ensured that the committee will be entitled to receive timely, informative copies of every application submitted to the Planning Board and Board of Adjustment. Councilman Forstenhausler reiterated that both the Commission and the Committee are advisory entities, they would still be able to present the same concerns.
Seeing no one further from the public, the public portion was closed.
BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE ELIMINATING THE SEPARATE ENVIRONMENTAL COMMISSION AND ADVISORY LANDMARK COMMITTEE AND ESTABLISHING ONE ADVISORY ENVIRONMENTAL AND LANDMARK COMMITTEE” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Napoliello made a motion to adopt the Ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None
2. Ordinance #18-16: An Ordinance Accepting Temporary Construction Easements Over Portions of Certain Properties Located on Mac Spar Drive Known as Block 73, Lots 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79 on the Official Tax Map of the Township of Randolph
BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS OVER PORTIONS OF CERTAIN PROPERTIES LOCATED ON MAC SPAR DRIVE KNOWN AS BLOCK 73, LOTS 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 AND 79 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.
Manager Mountain explained that this Ordinance authorizes the township to accept the conveyance of temporary construction easements for the properties involved in the Mac Spar Drive sewer project, and it will allow the township to conduct the construction of the planned improvements.
OPEN TO THE PUBLIC
Seeing no one from the public, the public portion was closed.
BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS OVER PORTIONS OF CERTAIN PROPERTIES LOCATED ON MAC SPAR DRIVE KNOWN AS BLOCK 73, LOTS 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 AND 79 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Forstenhausler made a motion to adopt the Ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None
3. Ordinance #19-16: An Ordinance Accepting Sanitary Sewer Easements Over Portions of Certain Properties Located on Mac Spar Drive Known as Block 73, Lots 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79 on the Official Tax Map of the Township of Randolph
BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE ACCEPTING SANITARY SEWER EASEMENTS OVER PORTIONS OF CERTAIN PROPERTIES LOCATED ON MAC SPAR DRIVE KNOWN AS BLOCK 73, LOTS 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 AND 79 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.
Manager Mountain explained that this Ordinance authorizes the township to accept the conveyance of the sanitary sewer easements for the Mac Spar Drive project, and it allows for the township to construct/reconstruct as necessary, the sanitary sewer lines for the project.
OPEN TO THE PUBLIC
Seeing no one from the public, the public portion was closed.
BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE ACCEPTING SANITARY SEWER EASEMENTS OVER PORTIONS OF CERTAIN PROPERTIES LOCATED ON MAC SPAR DRIVE KNOWN AS BLOCK 73, LOTS 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 AND 79 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Forstenhausler made a motion to adopt the Ordinance. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None
ADDED—APPOINTMENT OF MEMBERS TO THE NEWLY FORMED ADVISORY ENVIRONMENTAL AND LANDMARK COMMITTEE
Mayor Hirniak explained that, per Section 10-35(c), the committee will have seven members. There are currently seven members on the former Environmental Commission, those are Art Lee, Walter Nickens, Marion “Pat” Dashosh, Mike Whiting, Connie Stroh, Kathleen Mygas, and Larry Appel. Mayor Hirniak asked for a motion for those seven individuals to be appointed in conjunction with Section 10-35(b) of the new Ordinance.
Deputy Mayor Carey made a motion to appoint the seven members from the former Environmental Commission to the newly formed Advisory Environmental and Landmark Committee. Councilman Napoliello seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None
H. DISCUSSION ITEMS
1. Parks and Recreation Master Plan
Pat Hoagland was included in the discussion via telephone.
Manager Mountain explained that at the last meeting, the discussion concluded with a directive for him to review the projects and the timetable again with Pat Hoagland and Russ Newman, and provide an updated recommendation to the Council. He further explained that there were one or two projects that the Council had suggested they find ways to move forward in the timetable, and also look for ways to ensure the project schedule was spread out evenly to allow for a reasonable impact on the trust fund over the ten year period.
Manager Mountain reported that he, Pat, and Russ had met; without a major change, both goals were achieved:
- The improvement to the drainage on the Babe Ruth baseball field at Freedom Park was moved up from the 6-10 year range, to the 3-5 year range.
- The projects for the Brundage-Sussex facility that were recommended for the 3-5 year range, which included the artificial turf, field lighting work, and infrastructure improvements, were moved to the 6-10 year range. They felt that it was still a reasonable timetable for the improvements, and the added time for the projects helped because the projects at Brundage-Sussex were proposed to be a bond finance, so by pushing them back a couple of years, the debt service impact from that project hits the fund in a later timeframe in the 10 year cycle. This results in a slightly higher projected balance in the trust fund; this also provides a little more flexibility for unforeseen items which might arise in the 10 years, as well as any underestimates in the projects. By moving these projects to a later time, there is more separation from the major projects being done early on, which will allow for a smoother management of the projects.
- There were minor timing adjustments with regard to ADA walkways and some of the perimeter trails.
- All of the major projects remain in the same timetable, with the same scope.
Manager Mountain explained that, if the Council agrees with the recommendations and the overall report, the next step would be to work with Pat Hoagland to finalize the document so the Council could move on a resolution to accept the report as final.
Pat Hoagland felt Manager Mountain’s review was thorough, and had nothing further to add. Russ Newman agreed with Pat Hoagland, and stated that he was comfortable with the timing of the projects.
Mayor Hirniak stated that the three had done exactly what was asked of them by the Council, and thanked them for their effort in reviewing the plan from a parks and recreation perspective, and a financial perspective. He felt more comfortable with the plan, with moving the projects and creating a slightly larger fund balance.
The other members of the Council agreed with Mayor Hirniak’s comments. They directed Pat Hoagland to update the plan to reflect the recommendations. The revised plan will be presented and acted upon at the Council meeting on July 28th. Manager Mountain stated that a press release will be issued to inform the public of the discussion at the upcoming meeting. Mayor Hirniak asked the reporters from the Randolph Reporter and TAPinto to report the information in their publications.
2. Trail Master Plan Committee
Mayor Hirniak explained that the committee will be set up the same as the steering committee for the Parks and Recreation Master Plan review. The committee will consist of nine members; there will be four classifications of members. This discussion is to gain Council consensus for members assigned to the committee.
Three Council liaisons—Mayor Hirniak recommended Deputy Mayor Carey, Councilman Guadagno, and Councilman Forstenhausler. The other Council members agreed with the Mayor’s recommendations, and the three members agreed to serve on the committee.
One member from Parks Committee and one member from Recreation Committee—Mayor Hirniak stated that the committees had each recommended two people for consideration; however, since both committees will meet prior to the next Council meeting, it was felt that the committees should determine their representative. The two committees will provide Manager Mountain with the name of the individual, and he will provide the name to the Council before the July 28th meeting.
Four members of the public at large—Mayor Hirniak explained that Donna Luciani had emailed the Council the Tap the Talent applications of those who were interested in volunteering on this committee: Phil Sheehy, Sydney Ugalde, Marc Perez, and Ethan Bedrock. The Mayor stated that each had a good resume, and they provided sufficient justification for being appointed to the committee; he was in favor of the four being appointed. The Council members were in agreement with the Mayor.
Mayor Hirniak explained that the appointments will be made at the July 28th Council meeting, and a letter to each will follow. Russ Newman will then set up the first meeting of the Trail Master Plan Committee, and a Chairperson will be selected. The Mayor added that Russ Newman and Darren Carney will be participants in the committee.
Mayor Hirniak stated that Donna Luciani informed him that there were Tap the Talent applications for Student Liaisons, which she put in the Council members’ mailboxes. Those names, and the various committee vacancies, will also be discussed at the next Council meeting. Councilman Guadagno reported that Joe Nazarro asked him to suggest Phil Sheehy’s name for the Recreation Committee since there are two vacancies. Mayor Hirniak suggested that Phil Sheehy be appointed to the one-year term of Alternate to replace Jay Penn, and move Alternate member Adam Lafazan into the three-year term to replace Ned Levine.
Councilman Guadagno made a motion to appoint Adam Lafazan to the three-year term member, and Phil Sheehy to the Alternate member on the Recreation Committee. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None
I. OPEN TO THE PUBLIC
Seeing no one from the public, the public portion was closed.
J. COUNCIL COMMENTS
Councilman Forstenhausler reported that Mountainside Drive has been milled, paved, and re-lined; he felt they did an excellent job.
Councilman Forstenhausler also reported that the Environmental Commission had scheduled its last meeting as a commission for June 28th, but the meeting was not held due to the lack of a quorum. The first meeting of the newly formed Environmental and Landmarks Committee will be on September 27th at 7:30 p.m. He asked that an email be sent to the seven members from the former Environmental Commission to inform them of the upcoming meeting, and to get sworn in on the new committee.
Councilman Guadagno reported that the Landmarks Committee had one last project, and asked the Manager for the status. Manager Mountain stated that the sign was installed on Combs Hollow Road, and the ceremony took place.
Councilman Guadagno also reported that he spoke to Manager Mountain and to Tom Spring about Green Vision, Inc. The company is an electronics recycler, and it employs developmentally disabled individuals; it is in the same building as the ReStore. Councilman Guadagno felt that this company should be contacted to determine if it can be utilized by the township.
Councilman Napoliello stated that he was very impressed with the resume submitted by student Angela Turi. She is interested in being a student liaison to the Board of Health. Councilman Forstenhausler stated that he knew her, and that she is the Jr. Captain of the Rescue Squad.
Deputy Mayor Carey thanked the Council members for their participation in the Freedom Festival parade. Congressman Frelinghuysen, County Clerk, Ann Grossi, and four Freeholders also participated. Deputy Mayor Carey also thanked those who donated convertible cars for the representatives.
Mayor Hirniak reported the following:
- June 18th—he and Deputy Mayor Carey spoke at the opening of the Randolph Rocks 5K; over 660 runners participated. Manager Mountain and his daughter ran the race; Mayor Hirniak thanked the Manager for his participation in the community event.
- June 18th—he and Deputy Mayor Carey attended a pin ceremony at Pediatric Dental to honor first responders. Assemblyman Bucco also attended the event. Members of the Fire Department, Police Department, and Rescue Squad attended and were honored.
- June 18th—he also attended an Eagle Scout Court of Honor for two scouts at Hope Church at 2 p.m., and another at 6 p.m. at Resurrection Parish for three scouts.
- June 21st—he, Councilman Napoliello, and Councilman Loveys attended the ribbon cutting ceremony at Rossy Pediatric Dental, which is a new facility in the Party City shopping center. The pediatric dentists are sisters, one of whom lives in Randolph.
- June 25th—he and Councilman Loveys attended the ribbon cutting ceremony for the International Martial Arts franchise that opened a new location at 3 Middlebury Blvd.
- He thanked Deputy Mayor Carey for her job organizing the Freedom Festival parade.
- July 5th—he attended a dinner at the Islamic Center of Morris County, located in Rockaway Borough, in celebration of the end of Ramadan. There are approximately 50 families from Randolph that belong to the Islamic Center; many of those that live in Randolph expressed an interest in getting more involved with the community.
K. EXECUTIVE SESSION
There was no Executive Session.
L. ADJOURNMENT
Councilman Guadagno made a motion to adjourn the meeting at 8:25 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:
AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Napoliello
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak
ABSENT: Councilman Loveys
NAYS: None