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

Minutes: June 12, 2014

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2013 by e-mailing them the annual resolution adopted by the Council on December 5, 2013. The annual resolution, including this meeting date, was advertised in the Randolph Reporter, the official paper of the Township of Randolph, and the Daily Record on December 12, 2013.

2. Roll Call

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

ABSENT: Councilman Guadagno

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

3. Mayor Loveys led the Pledge of Allegiance.

B. RECOGNITION/PROCLAMATION

Mayor Loveys commended and congratulated the two the Girl Scouts, and presented them with plaques.

Assemblyman Bucco also commended and congratulated the two Girl Scouts, and presented each of them with a joint Senate and Assembly Resolution recognizing their accomplishments.

1. Present Girl Scout Gold Proclamation—Kaitlin Quann

Kaitlin Quann explained the project she completed to achieve the Girl Scout Gold Award.

Deputy Mayor Veech presented Kaitlin with a township pin and read the following Proclamation:

WHEREAS, Kaitlin Quann is a member of the Girl Scouts of the United States of America, Troop #1959; and

WHEREAS, Kaitlin Quann has earned the honor of receiving the Girl Scout Gold Award; and

WHEREAS, in accomplishing this goal, Kaitlin Quann volunteered to clean up the church basement where a variety of costumes and props were being stored for the Hexagon Players of Mendham, NJ ; and

WHEREAS, the Hexagon Players of Mendham is a non-profit theater organization that provides children and adults in the community a chance to get involved with their passions and entertain: and

WHEREAS, the Hexagon Players of Mendham were facing eviction from the basement as the storage conditions had created a fire hazard; and

WHEREAS, there was a tremendous amount of work involved and Kaitlin Quann spent many hours cleaning and repairing the basement, making it possible for the church to continue housing the Hexagon Players’ property; and

WHEREAS, Kaitlin Quann dedicated her project to a woman who greatly inspired her—the former President of the Board of Hexagon Players and play director Debbie Kirsch, who passed away in 2013; and

WHEREAS, in achieving this accomplishment, Kaitlin Quann 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 Kaitlin Quann is recognized and congratulated for this exceptional achievement.

2. Present Girl Scout Gold Proclamation—Mary Herc

Mary Herc explained the project she completed to achieve the Girl Scout Gold Award.

Deputy Mayor Veech presented Mary with a township pin and read the following Proclamation:

WHEREAS, Mary Herc is a member of the Girl Scouts of the United States of America, Troop #1955; and

WHEREAS, Mary Herc has earned the honor of receiving the Girl Scout Gold Award; and

WHEREAS, while volunteering at Saint Clare’s Medical Center, Mary Herc saw many children experience fear and anxiety while visiting the doctor; and

WHEREAS, after finding that there were no books available for children on the topic, Mary Herc undertook writing her own bi-lingual children’s book as her Girl Scout Gold Project and entitled it, “Maria and Carlos Visit the Doctor.”

WHEREAS, once the book was completed, Mary donated copies to Saint Clare’s Medical Clinic and El Primer Paso Day Care Center in Dover, and with the assistance of the Randolph Kiwanis Club, Playskool medical kits were also donated to the day care to serve as learning aids to accompany the books; and

WHEREAS, in July 2013, Mary Herc travelled to the Dominican Republic with Hope Presbyterian Church and donated copies of her book to the local school and medical clinic.

WHEREAS, in achieving this accomplishment, Mary Herc 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 Mary Herc is recognized and congratulated for this exceptional achievement.

C. PRESENTATIONS

1. Chief Dunn and Vehicle Committee—Engine 32-21 Replacement

Chief Dunn introduced Deputy Chief Steve Cohrs, and members of the committee, Steve Fogel & Rich Briant. The Chief presented the following information:

• The 2014 budget included replacing Engine 32-21 which serves Company #2, the busiest station in the town.
• It is a 1995; it’s the oldest first line pumper in town and it is coming to the end of its useful life according to NFPA regulations.
• The committee was formed in early 2013. The committee was made up of Company #2 members and a representative from the Board of Engineers who was a neutral party.
• Process reviews and recommendations went to the Chief. The committee also spoke to the Operations Officers as well as the Department Officers.
• It was submitted to the DPW. They reviewed it to ensure the axels and tires are correct as well as other equipment that they will be maintaining.
• Some of the equipment from Engine 32-21 will be transferred to the new engine which will result in a savings of between $15,000 and $20,000.
• There were meetings with the Purchasing Agent, the CFO, and the Township Manager.
• The State contract was utilized for the first time for the Fire Department. After going through the process, it was recommended by the committee that the most appropriate supplier per the specifications and recommendations was Pierce.
• The replacement engine will be an Arrow XT Pumper. The engine will come in under budget.
• Engine 32-21 will also be traded in or sold, which will go toward the purchase of the new engine. It has not yet been determined how the sale will be accomplished.

There were some questions and discussion between the Council, Chief Dunn, and the other members of the vehicle committee.

2. 2013 Audit Report—Bill Schroeder—Nisivoccia Co.

Mr. Schroeder reported that the township is financially very strong and explained the reasons. The summary of comments and recommendations included:

• Fixed Assets-it has been discussed several times that the township does not want to pay the money for a Fixed Asset System.
• AAA rating continues.
• Financial Administration is to be commended.
• The financial records that the Council is presented with throughout the year can be relied upon since there were very minimal audit adjustments.

There were no questions from the Council.

D. OPEN TO THE PUBLIC

Leslie Moran of 42 Oak Lane expressed her concern over the retail store in Randolph that has been selling puppies for over a year. Ms. Moran read a quote about the retail sale of pets from nationally recognized veterinarian Dr. Patty Khuly related to the condition of puppy mill puppies and the industry itself. Ms. Moran researched the current NJ codes which are minimal. She read some of the codes to the Council and asked questions, many of which she stated were rhetorical. Two of Ms. Moran’s many concerns about the store in Randolph is that the owner has repeatedly stated that her puppies come from USDA, AKC, and “hobby breeders” as well as her use of the word “adoptions” in her advertisements and on the store windows. Ms. Moran read a quote related to breeder dogs from veterinarian Deanna Toliver of Missouri who has dealt extensively with puppy mill dogs. Ms. Moran gave Manager Mountain a letter she had written to him with all of her concerns about the retail store in Randolph and said he could share it with the Mayor and Council.

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

E. MANAGER’S REPORT

Manager Mountain acknowledged & commended the Girl Scouts who achieved the Gold Award. He also commended retired CFO Mike Soccio for his responsibility on the positive outcome of the audit, and he also acknowledged John Lovell and Darren Maloney.

Manager Mountain reported the following:

• He and the Mayor met with one of the owners of the K-Mart Shopping Center, and two members of the Economic Development Committee (EDC). The owner is waiting until 2016, the end of the lease with K-Mart, before making a facelift to the center. It was expressed to the owner that the shopping center and that area of town is one in which the township would like to see money invested. The owner reported that LA Fitness is doing very well. The challenge is to find an anchor tenant when the lease for K-Mart ends; some ideas were discussed for the anchor tenant. The group plans to meet with the shopping center owner again this year to continue the discussion.
• He met with the Morris County Economic Development group. There were presentations from other towns in the county on some of the things they’re doing. They parallel a few of the objectives that the Randolph EDC has stated they would like to see done in terms of using the website to a better endpoint as well as developing some connections with current businesses to ensure they are happy with the way things are going and to encourage business locally.
• The Finance monthly report for the past month is now posted on Board Docs. The overall report is positive.

G. COMBINED ACTION RESOLUTIONS

Item #11: R-167-14 PULLED

Item #19: R-175-14 Manager Mountain noted that there was an inconsistency with the original Resolution which set up the refund of taxes, it omitted that there was a repayment on 2013 as well as 2012. This Resolution is correct as it includes the 2013 tax refund of $697.80.

Councilman Napoliello made a motion to approve the Combined Action Resolutions with the exception of Item #11, R-167-14. Deputy Mayor Veech seconded the motion, and the following role call vote was taken:

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

NAYS: None

ABSENT: Councilman Guadagno

1. Refund Road Opening Cash Bond for 19 Lake Drive to Chris Leonard—$500.00

R-157-14

WHEREAS, the Engineering Department has received a request from Chris Leonard, for the release of a $500.00 cash road opening bond posted for the purpose of repaving and widening existing driveway at 19 Lake Dr., Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Apr. 23, 2014; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving and widening of existing driveway at 19 Lake Dr. 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 Chris Leonard, 19 Lake Dr., Randolph, NJ 07869.

2. Refund Overpayment of Taxes for 2013 for 6 Emery Avenue to 6 Emery Avenue, LLC

R-158-14

WHEREAS, 6 Emery Avenue, LLC has been granted a reduction in assessed valuation for the tax year 2013 by the Tax Court of New Jersey on Block 73, Lot 56, known as 6 Emery Avenue; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $20,026.86.

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 $20,026.86 to 6 Emery Avenue, LLC.

3. Refund Overpayment of Taxes for 2013 for 8 Emery Avenue to 8 Emery Avenue, LLC—$17,455.47

R-159-14

WHEREAS, 8 Emery Avenue been granted a reduction in assessed valuation for the tax year 2013 by the Tax Court of New Jersey on Block 73, Lot 57 known as 8 Emery Avenue; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $17,455.47.

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 $17,455.47 to 8 Emery Avenue, LLC.

4. Refund Overpayment of 2009 Taxes for 48 West Hanover Avenue to Chabad of Randolph—$16,521.23

R-160-14

WHEREAS, Chabad of Randolph has been granted to be a tax exempt property for the tax year 2009 by the Tax Court of New Jersey on Block 166, Lot 1.01, known as 48 W. Hanover Ave; and

WHEREAS, an overpayment exists as a result of the exemption for the year 2009 in the amount of $16,521.23.

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 $16,521.23 to Chabad of Randolph.

5. Refund Outside Tax Sale Certificate for Block 119, Lot 109.24 to US Bank Cust for BV001 Trust Holder—$1,410.82

R-161-14

WHEREAS, Outside Tax Sale Certificate #1992 held by US Bank Cust for BV001 Trust, assessed to Lourdes Martinez, Block 119, Lot 109.24, 24 Spruce Tree Lane; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $910.82, and premium in the amount of $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 $1,410.82 to US Bank Cust for BV001 Trust holder of Tax Sale Certificate #1992.

6. Refund Escrow for Block 18.02, Lot 2 to A Touch of Elegance—$1,150.00

R-162-14

WHEREAS, the Planning and Zoning Department received escrow funds from A Touch of Elegance, 3 Middlebury Blvd., Unit 11, Randolph, NJ, Block 18.02, Lot 2, and in the amount of $2,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $1,150.00 be refunded to A Touch of Elegance, 3 Middlebury Blvd., Unit 11, Randolph, NJ 07869.

7. Increase On-Site Brush Grinding Services Bid Contract Award Amount for J.H. Reid by $15,000 from $29,000 to $44,000

R-163-14

WHEREAS, on May 30, 2013, the Township of Randolph awarded a contract via R 173-13 to J.H. Reid On-Site Recycling, Inc., of S. Plainfield, NJ, for the On-Site Brush Grinding Services bid for a not to exceed amount of $29,000 ($4700 for Full Days of Grinding and $3500 for Half Days of Grinding) from May 31, 2013 through June 30, 2014.; and

WHEREAS, more brush was collected than had been anticipated requiring additional days of grinding totaling approximately $15,000, increasing the award to $44,000.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the On-Site Brushing Grinding Services award to J.H. Reid On-Site Recycling, Inc. of S. Plainfield, NJ, be increased by $15,000 from $29,000 to $44,000 for services rendered through June 30, 2014.

8. State Contract Blanket Purchasing Approval Update

R-164-14

WHEREAS, the Township of Randolph on February 6, 2014 (R 70-14),February 20, 2014 (R 85-14), and on May 22, 2014 (R 151-14) 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 may be entered into with an additional State Contract Vendor; and

WHEREAS, the additional State Contract Vendor has 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 Vendor on the attached list, pursuant to all conditions of the individual State contracts; and

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

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

9. MCCPC Blanket Purchasing Approval Update

R-165-14

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 February 6, 2014 (R 71-14) and on May 22, 2014 (R 154-14) authorized contracts with certain approved MCCPC Contract vendors; and

WHEREAS, it’s been determined that contracts in excess of $17,500 may be entered into with an additional MCCPC Contract Vendor; and

WHEREAS, the additional MCCPC 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 MCCPC 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 MCCPC Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

10. Requesting the Approval of an Insertion into the 2014 Budget as a Result of the Township Receiving the Clean Communities Grant in the Amount of $48,839.28

R-166-14

WHEREAS, NJSA 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item has been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion an item of appropriation for an equal amount,

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Randolph, in the County of Morris, New Jersey, hereby request the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2014 in the sum of $48,839.28, which is now available from the FY 2014 Clean Communities Grant Fund in the amount of $48,839.28.

BE IT FURTHER RESOLVED, that the like sum of $48,839.28 is hereby appropriated under the caption Clean Communities - 2014; and

BE IT FURTHER RESOLVED, that the above is the result of funds from the FY 2014 Clean Communities Grant Fund in the amount of $48,839.28.

11. Extending Affordable Housing (COAH) Restrictions on the Woodmont Condominium Complex

R-167-14

Pulled for a separate vote. See discussion and vote at the end of this section.

WHEREAS, N.J.A.C. 5:80-26.25(a) provides that “a municipality shall have the right to determine that the most desirable means of promoting an adequate supply of low- and moderate-income housing is to prohibit the exercise of the repayment option and maintain controls on lower income housing units sold within the municipality beyond the period required by N.J.A.C. 5:93-9.2”; and

WHEREAS, such a determination shall be made by resolution of the municipal governing body and shall be effective upon filing with the New Jersey Council on Affordable Housing (“COAH”); and

WHEREAS, the municipality’s resolution must specify the time period for which the repayment option shall not be applicable, and that during such period, no seller in the municipality may utilize the repayment option permitted by N.J.A.C. 5:93-9.8; and

WHEREAS, pursuant to N.J.A.C. 5:80-26.25(b), a municipality that exercises the option outlined above shall: (1) provide public notice in a newspaper of general circulation; and (2) notify the administrative agent and COAH of its governing body’s action; and

WHEREAS, the municipality’s administrative agent shall ensure that the deed restriction on all affected housing units reflects the extended period of controls; and

WHEREAS, N.J.A.C. 5:80-26.25 is the successor regulation to N.J.A.C. 5:93-9.9, effective January 5, 1998, and N.J.A.C. 5:92-12.8, effective July 17, 1989; and

WHEREAS, the Master Deed for Woodmont Condominium (“Woodmont”) is dated April 23, 1993, and was recorded on October 19, 1993, in the Office of the Clerk of Morris County, in Deed Book 3860, Page 26, and amended by the First Amendment to the Master Deed recorded on December 14, 1993 in Deed Book 3888, Page 34, and by the Second Amendment to the Master Deed recorded on February 7, 1994 in Deed Book 3919, Page 20, and by the Third Amendment to the Master Deed recorded on April 13, 1994 in Deed Book 3957, Page 206, and by the Fourth Amendment to the Master Deed recorded on May 24, 1994 in Deed Book 3982, Page 97, and by the Fifth Amendment to the Master Deed recorded on February 18, 1997 in Deed Book 4523, Page 198, and by the Restated and Amended Master Deed recorded on August 7, 2001 in Deed Book 5432, Page 4, and as may be further amended from time to time (the “Master Deed”); and

WHEREAS, Woodmont includes 40 moderate-income and low-income units, which income-restricted units are identified below:

(the “Units”); and

WHEREAS, Sections 3 and 16 of the Master Plan, as well as Section 15-20.7 of the Land Development Ordinance of the Township of Randolph, state that the restrictions, on the resale of the Units (the “Affordability Controls”), were to expire at the earliest of the following: (1) 20 years from the date of acquisition of the unit by the initial purchaser or from the date the unit becomes available for rent; or (2) the date upon which the right of redemption expires with respect to the foreclosure of the first purchase money mortgage lien upon a unit by the first mortgagee of the unit as the Master Plan applies to the specific unit which is subjected to a foreclosure; and

WHEREAS, the Township of Randolph (“Randolph”) has determined that most desirable means of promoting an adequate supply of low and moderate income housing in Randolph pursuant to N.J.A.C. 5:80-26.25 is to prohibit the exercise of any repayment option on the 40 Units and to maintain the Affordability Controls on the 40 Units for a longer period than the initial 20 years;

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

1. The Repayment Option shall not be permitted for the 40 low- and moderate-income units at Woodmont (“Units”) from the date of this Resolution until July 1, 2044.
2. The Affordability Controls are extended until July 1, 2044, and during this period of extended Controls no seller of any of the 40 Units may utilize the repayment option as permitted by N.J.A.C. 5:93-9.8.
3. The Township Clerk is authorized and directed to print this Resolution in full in the Randolph Reporter, the official newspaper of Randolph, and in the Daily Record, and to notify the administrative agent and COAH of the Governing Body’s action.
4. The administrative agent shall ensure the deed restriction on all affected 40 Units extends until July 1, 2044.
5. This Resolution shall evidence pursuant to N.J.A.C. 5:97-6.14(b)(2) (Extension of Expiring Controls) that the Controls have been extended in accordance with the Uniform Housing Affordability Controls (“UHAC”), and that Randolph is entitled to credit against its affordable housing obligation through the extension of affordability controls in accordance with UHAC and any applicable regulations adopted by COAH and/or the Department of Community Affairs, as may be amended and supplemented from time to time.
6. The sale and use of the Units is governed by UHAC, found in the New Jersey Administrative Code at Title 5, Chapter 80, subchapter 26 (N.J.A.C. 5:80-26.1, et seq., the “Regulations”) and any amendments, changes or supplements thereto.
7. All of the restricted Units shall remain subject to the requirements of N.J.A.C. 5:80-26.5, as may be amended and supplemented from time to time, during the extended Control period until Randolph elects to release the Units from such requirements.

12. Refund a Portion of Registration Fee for the Summer Day Camp Program to Stacey Varanelli—$800.00

R-168-14

WHEREAS, Stacey Varanelli registered her child for Randolph Township Summer Day Camp program and paid the fee of $825.00; and

WHEREAS, her child will not be attending Randolph Township Summer Day Camp program (Sessions 1, 2, 3, 5, 6) due to a sudden change in job status (layoffs).

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 $800.00 be refunded to Stacey Varanelli, 33 Lawrence Rd., Randolph, NJ 07869.

13. Refund Tree Bond for Block 199, Lot 46.13 to Monica Sapone—$1,000

R-169-14

WHEREAS, the Planning and Zoning Department received a tree bond posted by Monica Sapone, 10 Red Oak Lane for Block 199, Lot 46.13 in the amount of $4,800.00; and

WHEREAS, a remaining portion of the requirements have been met and completed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator that the tree bond in the amount of $1,000.00 be refunded to Monica Sapone, 10 Red Oak Lane, Randolph, NJ 07869.

14. Authorizing the Public Display of Fireworks for the 2014 Freedom Festival by Pyro Engineering, Inc. dba Bay Fireworks

R-170-14

WHEREAS, the Township of Randolph annually holds its Freedom Festival at the County College of Morris; and

WHEREAS, the Freedom Festival includes the public display of fireworks; and

WHEREAS, this year’s Freedom Festival will be held on Saturday, July 5, 2014 with a July 6, 2014 rain date; and

WHEREAS, International Fire Code 2006, New Jersey Edition, Section 3301.2.4.3 requires the governing body to grant permission for the public display of fireworks; and

WHEREAS, upon application to the Fire Official and after receipt of all necessary documentation a permit shall be issued by the Fire Official, pursuant to N.J.A.C. 5:70-2.7 for the fireworks display; and

WHEREAS, the Purchasing Agent solicited quotes from seven (7) fireworks vendors; and

WHEREAS, the sole quote received was from Pyro Engineering, Inc. dba Bay Fireworks; and

WHEREAS, Pyro Engineering, Inc. dba Bay Fireworks provided proof of proper insurance coverage which has been approved by the MEL Underwriting Manager.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that permission is hereby granted for the public display of fireworks at the 2014 Freedom Festival by Pyro Engineering, Inc. dba Bay Fireworks on July 5, 2014 (rain date July 6, 2014) after issuance of a permit by the fire official as stated above.

15. Authorizing Mayor to Sign the Contract for Randolph to Provide Animal Control Services to Rockaway Borough

R-171-14

WHEREAS, the Borough of Rockaway wishes to obtain Animal Control Services from the Township of Randolph.

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2014.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Borough of Rockaway.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

16. Authorizing Manager to Endorse the Treatment Works Approval Application for Construction of Sanitary Sewer Main on Gillen Street in Mine Hill

R-172-14

WHEREAS, the Township of Mine Hill, (the “Applicant”) has requested endorsement of a Treatment Works Approval (TWA) for the construction of a sanitary sewer main extension on Gillen Street in Mine Hill; and

WHEREAS, the permit is to convey the effluent from two properties with a total design flow of 545 gallons per day through the Mine Hill system into the Jackson Brook Interceptor to the Rockaway Valley Regional Sewerage Authority (RVRSA) treatment facility.

WHEREAS, the applicant has requested that the Township endorse said application to the New Jersey Department of Environmental Protection (NJDEP); and

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

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

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

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

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

17. Refund Overpayment of Taxes for Block 81.06, Lot 7 to Andrew Some—$711.76

R-173-14

WHEREAS, Andrew Some has been granted a reduction in assessed valuation for the tax year 2013 by the Tax Court of New Jersey on Block 81.06 Lot 7, known as 20 Castle Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $711.76.

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 $711.76 to Andrew Some.

18. Refund Overpayment of 2012 & 2013 Taxes for Block 38.02, Lot 8 to Leigh/Ann Toni Herman—$1,491.69

R-174-14

WHEREAS, Leigh/Ann Toni Herman has been granted a reduction in assessed valuation for the tax years 2012 & 2013 by the Tax Court of New Jersey on Block 38.02, Lot 8, known as 26 Cromwell Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $738.07 & 2013 in the amount of $753.62.

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 $1,491.69 to Leigh/Ann Toni Herman.

19. Refund Overpayment of 2012 & 2013 Taxes for Block 21, Lot 165 to Kevin and Susan Redgate—$1,381.20

R-175-14

WHEREAS, Kevin/Susan Redgate has been granted a reduction in assessed valuation for the tax years 2012 & 2013 by the Tax Court of New Jersey on Block 21, Lot 165, known as 12 Olde York Road ; and

WHEREAS, an overpayments exists as a result of the reduction for the year 2012 in the amount of $683.40 and 2013 in the amount of $697.80.

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 $1,381.20 to Kevin/Susan Redgate.

20. Refund Overpayment of 2011 & 2013 Taxes for Block 187, Lot 1 to Louis Miller—$45,363.77

R-176-14

WHEREAS, Louis Miller has been granted a reduction in assessed valuation for the tax years 2009, 2010, 2011 & 2013 by the Tax Court of New Jersey on Block 187, Lot 1, known as 158 S Salem Street; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $10,710.51 2010 in the amount of $11,106.68, 2011 in the amount of $11,526.97 and 2013 in the amount of $12,019.61.

WHEREAS, it is recommended by the Tax Collector that these overpayments 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 $45,363.77 to Louis Miller.

21. Refund Overpayment of 2012 & 2013 Taxes for Block 115, Lot 83.13 to Mark Mix—$2,292.79

R-177-14

WHEREAS, Mark Mix has been granted a reduction in assessed valuation for the tax years 2012 & 2013 by the Tax Court of New Jersey on Block 115, Lot 83.13, known as 7 Canbridge Ct.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $1,134.44, and 2013 in the amount of $1,158.35.

WHEREAS, it is recommended by the Tax Collector that these overpayments 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 $2,292.79 to Mark Mix. Corp.

22. Refund Overpayment of 2013 Taxes for Block 18, Lot 1.05 to Aspen Tech Properties—$4,961.36

R-178-14

WHEREAS, Aspen Tech Properties LLC, 3 Aspen Dr. has been granted a reduction in assessed valuation for the tax year 2013 by the Tax Court of New Jersey on Block 18, Lot 1.05; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $4,961.36.

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 $4,961.36 to Aspen Tech Properties, LLC.

23. Refund Overpayment of 2009, 2010, 2011 & 2012 Taxes for Block 73, Lot 57 to 8 Emery Ave—$65,519.29

R-179-14

WHEREAS, 8 Emery Avenue, LLC has been granted a reduction in assessed valuation for the tax years 2009, 2010, 2011, & 2012, by the Tax Court of New Jersey on Block 73, Lot 57, known as 8 Emery Avenue; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $15,554.33, 2010 in the amount of $16,129.67, 2011 in the amount of $16,740.04, and 2012 in the amount of $17,095.25.

WHEREAS, it is recommended by the Tax Collector that these overpayments 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 $65,519.29 to 8 Emery Avenue, LLC.

24. Refund Overpayment of 2009, 2010, 2011 & 2012 Tax Years for Block 73, Lot 56 to 6 Emery Ave—$75,171.04

R-180-14

WHEREAS, 6 Emery Avenue, LLC has been granted a reduction in assessed valuation for the tax years 2009, 2010,2011, 2012 by the Tax Court of New Jersey on Block 73, Lot 56 known as 6 Emery Avenue; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $17,845.66, 2010 in the amount of $18,505.76, 2011 in the amount of $19,206.04, 2012 in the amount of $19,613.58.

WHEREAS, it is recommended by the Tax Collector that these overpayments 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 $75,171.04 to 6 Emery Avenue, LLC.

25. Awarding Maintenance Contract for Township’s Fire Apparatus to First Priority Emergency Vehicles, Inc. of Manchester, NJ

R-181-14

WHEREAS, the Township of Randolph advertised for bids in accordance with Local Public Contracts Law for the award of a Maintenance Contract for Township’s Fire Apparatus and received bids on June 5, 2014; and

WHEREAS, 2 bids were received; and

WHEREAS, bids were received from the following and for the bid prices listed:

Campbell Supply Co., LLC, South Brunswick, NJ:
Hourly Rate for Routine Service: $115.00
Hourly Rate for Emergency Service: $156.00
Cost for pick-up and delivery (per vehicle) from Fire Department locations to vendor’s facilities: $150.00
Percentage Above Cost on Parts used: 25%; and

First Priority Emergency Vehicles, Inc., Manchester, NJ:
Hourly Rate for Routine Service: $72.50
Hourly Rate for Emergency Service: $110.00
Cost for pick-up and delivery (per vehicle) from Fire Department locations to vendor’s facilities: $0.00
Percentage Above Cost on Parts used: 20%; and

WHEREAS, the Fire Chief and Purchasing Agent recommend the award of the contract to First Priority Emergency Vehicles, Inc. as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Maintenance Contract for Township’s Fire Apparatus to First Priority Emergency Vehicles, Inc. of Manchester, NJ.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to First Priority Emergency Vehicles, Inc. of Manchester, NJ for the Maintenance Contract for Township’s Fire Apparatus project for the prices listed above per their bid proposal for the contract period of July 1, 2014 through June 30, 2015 with the option to renew for two one-year contracts or one two-year contract.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 12, 2014

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance of the Township of Randolph, has ascertained that funds will be available in the 2014 Budget, Fleet Management O & E, to award a contract to First Priority Emergency, per its response to a solicitation for bids for fire apparatus maintenance.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 2014 01-201-26-315-308 (not to exceed $8,750)
2015 01-201-26-315-308 (not to exceed $8,750—pending budget adoption)

26. Refund Registration Fee for Randolph Township Little League, Football, Summer Sports Clinic to Michelle Gravel—$235.00

R-182-14

WHEREAS, Michelle Gravel registered her child for Randolph Township Little League, Football, Summer Sports Clinics (MMA/Bully programs Sessions 1 & 3) and paid the fee of $260.00; and

WHEREAS, her child will not be attending said programs due to the family being relocated.

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 $235.00 be refunded to Michelle Gravel, 2 Colonial Ct., Randolph, NJ 07869.

27. Release Cash Lawn Stabilization Bond for Seeding and Grading at 109 Morris Tpke. to DeSalvatore Homes & Design, LLC—$3,500

R-183-14

WHEREAS, the Engineering Department has received a request from DeSalvatore Homes & Design, LLc. for the release of a $3500.00 cash lawn stabilization bond posted for the purpose of seeding and grading for a new home construction at 109 Morris Tpke., Randolph; and

WHEREAS, the Lawn stabilization Bond consisted of a $3500.00 cash bond, which was received and deposited with the Finance Department on March 21, 2014; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the seeding and grading at 109 Morris Tpke. within the Township Right of way; and

WHEREAS, the Engineering Department has inspected the seeding and grading 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 $3500.00 be refunded to DeSalvatore Homes & Design, LLC., 160 Goff Ave., Staten Island, N.Y. 10309.

28. Authorizing the Execution of an Agreement with USGOVBID for Online Auction Services for a One-Year Period with Option to Renew

R-184-14

WHEREAS, the Township of Randolph has surplus personal property that is no longer needed for public use; and

WHEREAS, the Local Unit Technology Pilot Program and Study Act (P.L. 2001, c. 30) authorizes the sale of surplus personal property no longer needed for public use through the use of an online auction service; and

WHEREAS, the Township of Randolph intends to utilize the online auction services of USGovBid located at http://www.usgovbid.com; and

WHEREAS, the sales will be conducted pursuant to the Division of Local Government Services’ Local Finance Notice 2008-9; and

WHEREAS, a contract with USGovBid needs to be executed for a one-year period, with the option to renew for an additional year; and

WHEREAS, Township Council will be presented throughout the year for approval with lists for approval of surplus personal property no longer needed for public use before any auctions are conducted.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve execution of an agreement for online auction services for a one-year period, with the option to renew for an additional year with USGovBid.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the agreement.

29. Refund Summer Teen Camp Registration to Tammy MacKay—$850.00

R-185-14

WHEREAS, Tammy MacKay registered her child for Randolph Township Summer Teen Camp program and paid the fee of $950.00; and

WHEREAS, her child will not be attending Randolph Township Summer Teen Camp program due to an unforeseen family obligation.

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 Tammy MacKay, 10 Bayberry Ave., Randolph, NJ 07869.

30. Authorizing Liquor License Renewals for the 2014-2015 Season

R-186-14

BE IT RESOLVED by the Township Council of the Township of Randolph, Morris County, New Jersey, that the following applications for renewal of alcoholic beverage licenses for the respective premises hereinafter designated, for the 2014-2015 season commencing July 1, 2014 and ending June 30, 2015 be and the same are hereby granted. The fees being as hereinafter listed and the said applicants having complied with all requirements of the Statutes and Rules and Regulations of the Department of Alcoholic Beverage Control:

BE IT FURTHER RESOLVED that the Township Clerk be and is hereby ordered and directed to sign and issue said licenses in the name of the Township of Randolph and to deliver the same to the licensee when receipt is signed by the licensee or the authorized agent to the licensee.

31. Certification of the Annual Audit

R-187-14

WHEREAS, N.J.S.A. 40A: 5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2013 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A: 5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations;” and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, That the Township Council of the Township of Randolph, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

32. Raffle License, Off-Premise 50/50, Kiwanis Club of Randolph at the County College of Morris, 214 Center Grove Road, Randolph, NJ Freedom Festival, July 3, 6 p.m. - 11 p.m.; July 4, 6 p.m. - 11 p.m.; July 5, 11 a.m. - 11 p.m.; July 6: Rain Date 11 a.m. - 11 p.m.

33. Raffle License, Games of Chance (Wheels), Kiwanis Club of Randolph at the County College of Morris, 214 Center Grove Road, Randolph, NJ - Freedom Festival, July 3, 5 p.m. - 11 p.m.; July 4, 5 p.m. - 11 p.m.; July 5, 12 noon - 11:30 p.m.; July 6: Rain Date 12 noon - 11:30 p.m.

34. Raffle License, Off-Premise 50/50, Ladies Auxiliary of Randolph Chemical Engine Co. #3, 670 Millbrook Avenue, Randolph, NJ on December 14, 2014

Item #11 Discussion:

Manager Mountain explained that at the last meeting the affordable housing restrictions for Woodmont were discussed. Resolution R-167-14 would allow the extension on the restrictions for the affordable housing at Woodmont.

Keli Gallo reported that there are 3 options:

• To extend the controls for 30 years. Under the previous version of the COAH regulations, the township would receive credit for that. Under the proposed regulations which have not yet been adopted, the township would not. However, there have been many revisions to the regulations so there it is likely that more changes will be made before finalization.
• The controls could be extended for a shorter period of time in order to buy some time.
• Not to extend the controls at all.

Attorney Gallo felt that the best way to protect the township would be to extend for 30 years. She also explained that there is the ability at any time to release the controls by adopting an Ordinance.

There was some Council discussion with Keli Gallo. Councilman Hirniak asked for Manager Mountain’s input. The Manager was supportive of the 30 year extension on the controls.

Deputy Mayor Veech made a motion to approve Resolution R-167-14. Councilman Hirniak seconded the motion, and the following role call vote was taken:

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

NAYS: None

ABSENT: Councilman Guadagno

H. UPCOMING EVENTS

1. Randolph Rocks 5K—Saturday, June 14
2. Mayor’s Trail Trek—Sunday, June 22, 2014 at 1 p.m. at the Brundage Preserve
3. Freedom Festival at CCM—July 3 from 6-11 p.m., July 4 from 6-11 p.m., July 5 Parade at noon, Fair 2-11 p.m. and Fireworks start at 9:45 p.m.

I. ORDINANCES: SECOND READING

1. Ordinance No. 14-14: Road Program Capital Improvements Ordinance

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $825,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2014 ROAD OVERLAY PROGRAM” be read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $825,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2014 ROAD OVERLAY PROGRAM” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Guadagno

2. Ordinance No. 18-14: Capital Improvements—Millbrook Avenue Milling and Paving—Department of Transportation Funded Project

BE IT RESOLVED that an Ordinance entitled, “ORDINANCE REAPPROPRIATING $104,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR MILLING AND PAVING IMPROVEMENTS ALONG MILLBROOK AVENUE, APPROPRIATING A GRANT IN THE AMOUNT OF $165,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND APPROPRIATING $20,000 AVAILABLE IN THE CAPITAL IMPROVEMENT FUND IN AND BY THE TOWNSHIP OF RANDOLPH, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Mountain explained this Ordinance funds the milling and paving of a section of Millbrook Avenue and it takes advantage of a state aid DOT grant that the township had pursued. The appropriation is coming from leftover funds from two other ordinances that had proceeds available to make up the difference of the overall funding.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “ORDINANCE REAPPROPRIATING $104,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR MILLING AND PAVING IMPROVEMENTS ALONG MILLBROOK AVENUE, APPROPRIATING A GRANT IN THE AMOUNT OF $165,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND APPROPRIATING $20,000 AVAILABLE IN THE CAPITAL IMPROVEMENT FUND IN AND BY THE TOWNSHIP OF RANDOLPH, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Councilman Guadagno

3. Ordinance No. 19-14: Capital Ordinance—Quaker Church Road—Department of Transportation Funded Project

BE IT RESOLVED that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $170,000 FOR MILLING AND RESURFACING QUAKER CHURCH ROAD, THEREFORE, INCLUDING $170,000 IN FUNDING FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION” be read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $170,000 FOR MILLING AND RESURFACING QUAKER CHURCH ROAD, THEREFORE, INCLUDING $170,000 IN FUNDING FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION” 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. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Guadagno

J. ORDINANCES: INTRODUCTIONS

1. Ordinance—Heritage 55 Declaration Ordinance

Manager Mountain explained that there was a complex set of agreements and history dealing with the tract known as the Rosenfarb tract, and recently associated with the Campos and the Heritage projects. This ordinance memorializes the restrictive easement on the tract of land that will remain in the Rosenfarb family control which will continue under agricultural uses. The ordinance memorializes the restrictive covenant that sets aside the conditions of use for the agricultural use as well as accepts the agreement that there will be a 5 acre lot that will be excepted out of the area that will be covered by the restrictions. Manager Mountain also explained that the covenant has been discussed at length resulting in several versions. The covenant attached to the Ordinance is the one which was shared with, and signed by, the Rosenfarb family. With the passage of this Ordinance, the obligation required of the Heritage development in terms of land set aside for the Heritage 55 project will be completed.

Keli Gallo read a letter from Darren Carney to Mr. Richard Sweeny, who represents the Campos & the Heritage 55 portion:

“April 15, 2014—This letter shall confirm our conversation earlier today that upon acceptance by the Township Council of the declaration of covenant and restriction for Block 47, Lot 34 and Block 48, Lot 2, the open space requirement under LDO 15-39A.2.E.3 for the Heritage 55 project shall be deemed to have been satisfied. Should you have any questions, please contact me directly at (973) 537-7113.”

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE ACCEPTING A DECLARATION OF COVENANT AND RESTRICTION PRESERVING BLOCK 48, LOT 2 AND BLOCK 47, LOT 34 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FOR OPEN SPACE PURPOSES” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 26th of June 2014 at 7:00 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

Councilman Napoliello made a motion to introduce the Ordinance. Councilwoman Carey seconded the motion, and the following role call vote was taken:

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

NAYS: None

ABSENT: Councilman Guadagno

K. DISCUSSION ITEMS

1. Municipal Alliance Supplemental Grant

Mayor Loveys explained that he attended the last Municipal Alliance Committee (MAC) meeting in Councilman Napoliello’s absence. There is a Supplemental Grant available from the County, the application is due at the end of the month. It is a $2,000 grant and the township must match with 50% funding. The Mayor suggested there might be questions from the Council for use of the funds and asked that a representative from MAC attend. Mayor Loveys introduced Ron Harmetz, a member of the MAC.

Mr. Harmetz reported that the MAC Chairperson and Coordinator were unable to attend. He distributed a copy of the MAC activities for the year, and explained several of them.

The Council unanimously agreed to have Mayor Loveys sign the Supplemental Grant application for the MAC.

2. Ordinance Placing Restrictions on Establishments to Eliminate Outlets for Puppy Mill Puppy Sales

Manager Mountain reported that he had distributed several memorandums to the Council which provided background from a legal perspective as well as information that Health Officer Mark Caputo had gathered. The concern is the sale of puppies and/or kittens that are coming from puppy mills. The Manager explained that the Friends of Randolph Pound had brought their concerns to the Board of Health. The Board of Health endorsed the idea of the consideration of an Ordinance that would restrict the sale of puppies and/or kittens from pet stores in order to prevent the potential of them coming from puppy mills.

Mayor Loveys reported that he and former Mayor MacArthur had met with members of the Friends of Randolph Pound at the end of 2013 to discuss their concerns regarding this issue. He explained that it was their opinion at that time that the Board of Health be approached to determine if they felt it was warranted to advise the Council.

Health Officer Mark Caputo reported that at that time the retailer had requested a meeting to let the town’s people know that she was not a puppy importer. At that time, the township lacked the authority to prohibit sales of puppies. Since then, the retailer became ill and there may be a successor to her business; she may not be involved any longer. The Health Department attempted to inspect the business earlier in the week; however, it was closed and a sign on the window provided a number to call. Mr. Caputo explained that the code enforced by the Health Department is the State Health Department Code. In the Randolph Township Ordinance, Section 8:10, it is adopted by reference. The state code is not very thorough, and in Mr. Caputo’s opinion it lacks the specificity to address the puppy mill issue. His memo to Manager Mountain explained that the Health Department is trying to restrict the commercial sale of puppies and kittens in Randolph. Mr. Caputo reviewed and explained each of the bullet points contained in that memo.

Keli Gallo explained that it would be difficult to create a definition that fully encompassed a puppy mill. She felt that the only way to properly proceed would be to do a total ban on retail sales. To ban sales from puppy mills would be difficult because it is hard to define a puppy mill and it would be more difficult for the staff to inspect and determine if puppies were from puppy mill.

Councilman Forstenhausler asked that by completely banning the retail sale of puppies and kittens, would the township be preventing legitimate businesses from operating in the township? Keli Gallo stated that it would be the effect.

There was discussion on the 4 licenses currently in operation. Norma Jacobs, former Animal Control Officer, resident of 3 Blue Fern Lane and member of the Board of Health, stated that the current licenses are for kennels. Those kennels have nothing to do with selling. Ms. Jacobs provided information on her interactions with the owner of the store as a member of the Board of Health. She also provided some information on the signs in the window at the store, and the current owner. Ms. Jacobs explained that there are reputable dog breeders and if residents are looking to purchase a dog, they can go to the American Kennel Club website to find those breeders.

Mark Caputo added that this particular retailer was now using the word “adoption” as opposed to retail. He stated that if an ordinance is drafted, the specific wording would need to be addressed.

There was discussion on the difference between a retail store selling puppies and kittens, and other establishments in town such as kennels, breeders, and pet adoptions at the local veterinary hospital.

Mayor Loveys allowed resident Jeffrey Schwartz of 139 Shady Lane to comment. Mr. Schwartz suggested that the town could allow only the sale of puppies and dogs that are born and bred in Randolph where the facility is accessible to inspection by the town.

Keli Gallo stated for legal reasons, it could not be done; it would exclude breeders from neighboring towns.

Councilman Hirniak expressed his feelings, and then asked if there was a way in which to craft the Ordinance so it accomplishes a ban on puppy mills and kitten farms without hurting legitimate businesses that sell puppies and kittens. He felt that it would be beneficial for the Council to hear from the legitimate business owners as to how such an Ordinance might impact them. Councilman Hirniak stated that a business using the word “adoption” could present a loop hole and therefore, as Mark Caputo previously stated, the wording for the Ordinance would need to be carefully considered.

The Council agreed to have Keli Gallo move forward with drafting an Ordinance for consideration as a discussion item on the July 31st agenda.

L. OPEN TO THE PUBLIC

Ron Harmetz of 21 Willow Drive wanted to be sure that the Ordinance wouldn’t affect AKC registered breeders. Council members explained that they are trying their best not to hurt them.

Leslie Moran of 42 Oak Lane expressed her appreciation for the Council’s willingness to hear about the selling of puppies from puppy mills. She referred to Senate Bill 18-70 and stated that they are trying to increase the level of disclosure and transparency in the retail stores. Ms. Moran explained a little about the proposed bill.

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

M. COUNCIL COMMENTS

Deputy Mayor Veech reported that she and Manager Mountain attended a joint Parks & Recreation Committees meeting at the Tamarack Day Camp; both committees were impressed with the facility. Operator, Jonathan Gold, will be inviting the Council in early July when the Pine Center is named in honor of Steve & Joann Pine, the original operators. Deputy Mayor Veech also reported that Mr. Gold had extended the invitation to the Council to schedule a private tour if they wished.

Deputy Mayor Veech reported that there was also a discussion at the joint meeting of the Parks & Recreation Committees about fans at sporting events in town drinking alcohol out of Solo cups. They discussed how to ban alcohol from the sporting events, such as posting signs around the fields, etc.

N. EXECUTIVE SESSION

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

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

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

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

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

Acquisition of Open Space

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

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

Councilman Forstenhausler made a motion to move into Executive Session at 9:25 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Guadagno

Deputy Mayor Veech made a motion to return to Open Session at 9:35 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Guadagno

O. ADJOURNMENT

Councilman Forstenhausler made a motion to adjourn the meeting at 9:35 p.m. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Guadagno