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

Minutes: June 15, 2017

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 5:30 p.m. by Mayor Carey. 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 2, 2016 by emailing them the annual resolution adopted by the Council on December 1, 2016. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on December 8, 2016, and the Daily Record on December 6, 2016. The time change for this meeting was advertised in the Randolph Reporter and Daily Record on May 25, 2017.

2. Roll Call

PRESENT:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Forstenhausler
Mayor Carey

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

3. Pledge of Allegiance

Mayor Carey led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

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

C. MANAGER’S REPORT

Manager Mountain reported the following:

• AAA rating reaffirmed—Moody’s has reaffirmed the township’s AAA bond rating for 2017. He read a statement from Moody’s.
• Local Aid Grant—the State Department of Transportation has announced Randolph has been approved for a $133,000 local aid grant for the resurfacing of Quaker Church Road between Center Grove Road and Reservoir Avenue; the work will be scheduled for spring/summer 2018.
• Randolph Lake improvements—Randolph Lake opened Memorial Day weekend; it looked great due to the much needed improvements to the building and associated infrastructure that had been completed. The renovations and improvements included repairs to the roof, new siding and windows, and the resurfacing of Green Lane and the facility’s parking area. The beach and lake also looked great due to the efforts of parks staff. He commended Donna Luciani for outstanding efforts in getting the building improvements completed in time for the beach opening.

Councilman Loveys asked if the $133,000 was enough to complete the entire resurfacing project; Manager Mountain explained that it was a matched amount. Councilman Loveys also asked if the upgrade to the intersection of Quaker Church and Center Grove roads was still planned. The county advised Manager Mountain that it is scheduled for 2018 as well; there will need to be coordination between the township and the county as to the timing of the two projects.

Mayor Carey thanked Manager Mountain and Darren Maloney for everything they have done in order for the township to receive the AAA bond rating.

D. APPROVAL OF MEETING MINUTES

1. Approval of Regular Meeting Minutes from Council Meeting on May 4, 2017

Councilman Guadagno made a motion to approve the Regular Meeting minutes from May 4, 2017. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Approval of Regular Meeting Minutes from Council Meeting on May 18, 2017

Deputy Mayor Forstenhausler made a motion to approve the Regular Meeting minutes from May 4, 2017. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Guadagno
Councilman Loveys
Councilman Napoliello (ABSTAIN)
Councilman Tkacs (ABSTAIN)
Councilwoman Veech
Deputy Mayor Forstenhausler
Mayor Carey

NAYS: None

E. COMBINED ACTION RESOLUTIONS

Item #2, refund outside sales tax certificate to Ebury Fund 2 NJ—Councilman Tkacs asked for clarification on the acronyms. Manager Mountain explained that it is the company name, TWR as CST for Ebury Fund 2 NJ, LLC.

Item #13, liquor license renewals—Councilwoman Veech asked for clarification on the total number of liquor licenses in the township, and one that is not being used. Donna Luciani explained that there are a total of 19 licenses. Those in the resolution have received tax clearance and are able to move forward for the July 1, 2017 date; those awaiting tax clearance are Noches de Columbia, Meadow Wood Manor, and the Randolph Diner. Grecco has tax clearance, but they need a special ruling for all three licenses to keep the licenses in a pocket status; this takes a little longer, approximately 30 days. Donna Luciani stated that three of the licenses are currently not being used, all of which are Grecco’s. Nicole’s 10 has closed, but she has kept the license in case she relocates within Randolph. Skyhill Corporation (Skylands) is transferring their license.

Item #19, deferred compensation plan by AXA—Councilwoman Veech asked for an explanation on the differences. Manager Mountain explained that the resolution had been previously approved; the township was advised by AXA after the resolution was processed, there was an item or two in the technical details which needed correcting. This resolution corrects the previous version; once this is approved and submitted to the state, it will allow for the township to have a second deferred compensation program available to the employees.

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

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

NAYS: None

1. Refund Overpayment of 2017 Water-Sewer for Block 145, Lot 20, 12 Maple Ave. to Ebury Fund 2—$20.26

R-140-17

WHEREAS TFS Custodian for Ebury Fund 2 LP has overpaid 2017 water/sewer in the amount of $20.26 on Block 145, Lot 20, 12 Maple Dr; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $20.26 to TFS Custodian for Ebury Fund 2 LP.

2. Refund Outside Tax Sale Certificate for Block 145, Lot 20, 12 Maple Drive—Ebury Fund 2 NJ—$1,197.51

R-141-17

WHEREAS, Outside Tax Sale Certificate #2065 held TWR as CST for Ebury Fund 2 NJ, LLC assessed to Brian/Susan Mc Cormack , Block 145, Lot 20, 12 Maple Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $197.51, and premium in the amount of $1,000.00.

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 $1,197.51 to TWR as CST for Ebury Fund 2 NJ, LLC holder of Tax Sale Certificate #2065.

3. Refund Tree Bond Posted for 12 Heather Lane, Block 201, Lot 37.05 to Mike Onysko—$4,400.00

R-142-17

WHEREAS, the Planning and Zoning Department received a tree bond posted by Mike Onysko, 12 Heather Lane for Block 201, Lot 37.05 in the amount of $4,400; and

WHEREAS, 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 $4,400.00 be refunded to Mike Onysko, 12 Heather Lane, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

4. Refund Partial Teen Camp Program Registration Fee Due to a Conflicting Schedule to Linda Long, 21 Chestnut Hill Road—$885.00

R-143-17

WHEREAS, Linda Long registered her child for 2017 Teen Camp Program and paid the fee of $985.00; and

WHEREAS, this child will not be participating in this program due to family obligations.

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 $885.00 be refunded to Linda Long, 21 Chestnut Hill Rd., Randolph, NJ 07869.

5. Authorizing Rescission and Re-Award of Various Items in MCCPC Contract 25 for Janitorial Supplies

R-144-17

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #25 (Janitorial Supplies); and

WHEREAS, bids had been advertised and received on April 13, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, Contract #25 (Janitorial Supplies) is awarded on a “per line item” basis; and

WHEREAS, the Township Council awarded Contract #25 to various vendors on May 18, 2017; and

WHEREAS, Category A, Item 1, was awarded to Allen Paper based on their bid of 30 containers per case, however subsequent to the award it was determined that this item is only available in cases of 24 containers; due to the price adjustment for the number of containers in a case, Jersey Paper Plus becomes the apparent low bidder and this item should therefore be rescinded from Allen Paper; and

WHEREAS, Category B, Item 6, was awarded to Allen Paper based on the MCCPC’s understanding that “wingnut” in the item description depicted a brand name; subsequent to the award of the contract the MCCPC has learned that “wingnut” refers to a style of mop handle, not a brand name, therefore Jersey Paper Plus was the apparent low bidder and this item should therefore be rescinded from Allen Paper; and

WHEREAS, Jersey Paper Plus was contacted and they have agreed to honor the pricing submitted on their bid proposal for Item 1 in Category A and for Item 6 in Category B; and

WHEREAS, Category C, Item 3, was awarded to Mooney General who provided the lowest price for a case of 6 rolls as specified in the bid specifications, however subsequent to the award Mooney General contacted the MCCPC and stated that they could not provide this item as specified, therefore this item should be rescinded from Mooney General; and

WHEREAS, W.B. Mason, the second low bidder for Item 3 in Category C, was contacted and they have agreed to honor the pricing submitted on their bid proposal; and

WHEREAS, Category C, Item 8, was awarded to Mooney General as the apparent low bidder and, since no exception was taken on their bid proposal, it was expected that Scott brand would be supplied as requested on the bid proposal; however subsequent to the award Mooney General contacted the MCCPC and stated that they had erroneously failed to indicate an equivalent brand and would not be supplying Scott and therefore this item should be rescinded from Mooney General; and

WHEREAS, no other bidders for Item 8 in Category C submitted a viable bid, therefore there will be no award for this contract item.

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 Item 1 in Category A and Item 6 in Category B from Allen Paper and of Item 3 in Category C and Item 8 in Category C from Mooney General as noted above.

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Item 1 in Category A and Item 6 in Category B to Jersey Paper Plus and of Item 3 in Category C to WB Mason Company.

6. Refund Road Opening Cash Bond for the Purpose of Tying into the Catch Basin at 26 Red Barn Lane, Block 148, Lot 33 to Shawn Mullins—$500.00

R-145-17

WHEREAS, the Engineering Department has received a request from Shawn Mullins for the release of a $500.00 cash road opening bond posted for the purpose of tying into the catch basin at 26 Red Barn Lane, Randolph NJ 07869 BL 148/L 33; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on February 8, 2017; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the tying into the catch basin at 26 Red Barn Lane, 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 Shawn Mullins at 26 Red Barn Lane, Randolph NJ 07869.

7. Release Police Detail Escrow to Cablevision—$3,608.00

R-146-17

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:

Cablevision $3,608.00

8. Release of Police Detail Escrow to County College of Morris—$480.00

R-147-17

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:

County College of Morris $480.00

9. 2016 LOSAP Benefit to be Paid in 2017 to Rescue Squad Volunteers

R-148-17

WHEREAS, the Randolph Township Rescue Squad has submitted the attached list of volunteers who qualify for the 2016 LOSAP Benefit, which is paid in 2017; and

WHEREAS, this list have been reviewed by the Director of Finance and found to be accurate.

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 Rescue Squad shall post this list in their administrative offices for a period of 30 days to allow sufficient time for membership review.
2. This list shall also be posted at the office of the Township Clerk.
3. This Resolution shall take effect immediately.

10. Requesting the Approval of Items of Revenue and Appropriations per NJSA 40A:4-87—Clean Communities Grant FY 2017—$57,597.92

R-149-17

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 requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2017 in the sum of $57,597.92, which is now available from the FY 2017 Clean Communities Grant Fund in the amount of $57,597.92.

BE IT FURTHER RESOLVED, that the like sum of $57,597.92 is hereby appropriated in the 2017 budget under the caption Clean Communities Grant- 2017; and

BE IT FURTHER RESOLVED, that the above is the result of funds from the FY 2017 Clean Communities Grant Fund in the amount of $57,597.92.

11. Refund Outside Tax Sale Certificate No. 2043 for Block 112, Lot 17.09, 8 Blue Bird Ct. to US Bank Cust BV001 Trust and Crdtrs—$5,891.11

R-150-17

WHEREAS, Outside Tax Sale Certificate #2043 held by US Bank Cust BV001 Trust & Crdtrs assessed to David and Irene Santos , Block 112, Lot 17.09, 8 Blue Bird Court; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $2,291.11, and premium in the amount of $3,600.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $5,891.11 to US Bank cust BV001 Trust & Crdtrs holder of Tax Sale Certificate #2043.

12. Refund Partial Registration for Summer Day Camp Program due to Scheduling Conflict to Carole Velez—$1,565.00

R-151-17

WHEREAS, Carole Velez registered her children for the Summer Day Camp program and paid the fee of $1,590.00; and

WHEREAS, her children will not be attending Summer Day 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 $1565.00 be refunded to Carole Velez, 7 Stratford Drive, Randolph, NJ 07869.

13. Authorizing Liquor License Renewals for Various Businesses for the 2017-2018 Season

R-152-17

Liquor License Renewals for the 2017-2018 Season

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 2017-2018 season commencing July 1, 2017 and ending June 30, 2018 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.

14. Authorizing Contracts with Additional Approved Vendors Under the MCCPC for Various Contracts

R-153-17

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 16, 2017 via R 56-17 and on April 27, 2015 via R 105-17 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 additional MCCPC Contract Vendors; and

WHEREAS, the additional MCCPC Contract Vendors have 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 Vendors 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, 2017 or upon expiration of the vendor’s contract whichever is first.

15. Authorizing Contracts with Additional Approved Vendors Under the Educational Services Commission of NJ Cooperative Pricing System

R-154-17

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 16, 2017 via R 57-17 authorized contracts with certain approved ESCNJ Contract vendors; and

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

WHEREAS, the additional ESCNJ Contract Vendors have 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 ESCNJ Contract Vendors 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 ESCNJ Contract Vendors shall be until December 31, 2017 or upon expiration of the vendor’s contract whichever is first.

16. Authorizing an Extension of an Agreement for Online Auction Services for an Additional One-Year Period to June 30, 2018 with a 1% Increase in the Commission to be Paid to USGovBid

R-155-17

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, on April 21, 2016, via R 136-16, the Township of Randolph Council authorized an agreement for online auction services for a one-year period with USGovBid from July 1, 2016 through June 30, 2017, with the option to renew for an additional one-year period; and

WHEREAS, the commission is being increased to 6.5% from 5.5% for this renewal period; and

WHEREAS, both parties agree to extend the contract for the additional one-year period through June 30, 2018 along with the 1% increase in commission.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby authorize an extension of an agreement for online auction services for the additional one-year period through June 30, 2018 along with a 1% increase in the commission to be paid to USGovBid.

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

17. Refunding Escrow from Seneca Hills Corp., 109 Union Grove Road, Far Hills, NJ for Block 117, Lot 12 in the Amount of $18.75

R-156-17

WHEREAS, the Planning and Zoning Department received escrow funds from Seneca Hills Corp, 109 Union Grove Road, Far Hills, NJ for Block 117 Lot 12, and in the amount of $2,000.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $18.75 be refunded to Seneca Hills Corp, 109 Union Grove Road., Far Hills, NJ 07931.

Darren Carney, Planning & Zoning Administrator
Date:

18. Amending Schedule D on Resolution No. 108-17 Authorizing the Sale of Surplus Personal Property No Longer Needed for Public Use on an Online Auction Website

R-157-17

WHEREAS, the Township Council of the Township of Randolph on April 27, 2017 via R 108-17 authorized the sale of surplus personal property on an online auction website entitled usgovbid.com; and

WHEREAS, it was just determined that the serial number of the ATV noted on Schedule D was incorrect; and

WHEREAS, Schedule D is amended per the attached.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in the County of Morris, State of New Jersey, that the Township hereby amends Schedule D referenced on R 108-17 as per the attached.

19. Adopting the Deferred Compensation Plan Prepared by AXA

R-158-17

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 Employer solicited and received proposals for such Plan from the following vendors:

AXA
1290 Avenue of the Americas
New York, New York 10104

Mutual of America
300 Interpace Parkway
Parsippany, New Jersey 07054

Lincoln Financial Group
61 South Paramus Road
Paramus, New Jersey 07652

Nationwide Retirement Plans
10 West Nationwide Boulevard
Columbus, Ohio 43215

VALIC
4300 West Cypress Street
Tampa, Florida 33607

WHEREAS, AXA has been found to possess the necessary administrative, enrollment, and servicing capabilities for the Plan as its offers additional investments and will provide additional retirement investment options to participating employees. It also offers proactive investment strategies for a fee that was determined to be competitive.

NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the Plan prepared by AXA and assigned Plan Document identifier 89-PD-AXA-120616 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: 89-SA-AXA-120616 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.

20. Raffle License, Tricky Tray, Friends of the Randolph Animal Pound, at 502 Millbrook Avenue, Randolph, on September 23, 2017 from 10:00 a.m. to 4:00 p.m.

21. Raffle License, Casino Night, Randolph Engine Co. No. 5 at 118 West Hanover Ave., Randolph on October 14, 2017 from 7:30 p.m. to 11:30 p.m.

22. Raffle License, 50/50, Randolph High School Cheerleading Booster Club at 511 Millbrook Ave., Randolph on September 1, 8, and 22, 2017 from 7:00 p.m. to 8:30 p.m.

F. UPCOMING EVENTS

1. Randolph Rock Star Event on Thursday, June 15, 7:00 p.m. - 9:30 p.m. in the Randolph High School Commons
2. Pediatric Dental Associates of Randolph—June 17th at 10:00 a.m.—Corner of Route 10 and Millbrook Avenue—Mission Gratitude to Honor First Responders, Military Personnel and Service Dogs
3. Morris County League of Municipalities—June 21st at 5:15 p.m., Berkshire Valley Golf Course
4. Sheriff’s HOPE ONE Initiative—mobile recovery access center vehicle to provide critical support for those struggling with addiction—Monday, June 26th between 9:00 a.m. and 2:00 p.m. at the Acme, 690 Millbrook Ave., Randolph
5. Morris County Chamber of Commerce Environmental Update Luncheon with DEP Commissioner Bob Martin, Friday, June 23rd at the Birchwood Manor, Whippany—Members $65
6. Freedom Festival Parade at Noon and Fireworks after dark—Saturday, July 1st (rain date July 2) County College of Morris
7. Bench Dedication for Gary and Kathy Algeier at 6:00 p.m. on Thursday, July 6th at Freedom Park

Deputy Mayor Forstenhausler reminded Council members that the parade on July 1st begins at noon, those attending need to arrive at 11:00 am. He is working on finalizing transportation for everyone.

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 13-17: An Ordinance Authorizing and Accepting the Conveyance of Block 116, Lot 32 as Shown and Designated on the Official Tax Map of the Township of Randolph, County of Morris, State of New Jersey from the Owners Thereof

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AUTHORIZING AND ACCEPTING THE CONVEYANCE OF BLOCK 116, LOT 32 AS SHOWN AND DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY FROM THE OWNERS THEREOF” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance authorizes the execution of the conveyance agreement for the acquisition of the property, 565 Millbrook Avenue. As previously discussed, it is a partnership agreement with the Board of Education in which the township is purchasing the property, they will then pay the township back for the acquisition.

OPEN TO THE PUBLIC

Judith Stewart, of 114 Everdale Road asked if the township had a formal agreement with the Board of Education; Manager Mountain and Keli Gallo confirmed. Mrs. Stewart stated that she had not heard anything about an agreement at any of the board meetings; however, she did miss one meeting. She asked when the formal agreement was signed by the Board of Education; Manager Mountain replied that it was in April, 2017. Councilman Loveys stated the Council approved it on April 27, 2107; the board signed it two days prior.

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND ACCEPTING THE CONVEYANCE OF BLOCK 116, LOT 32 AS SHOWN AND DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY FROM THE OWNERS THEREOF” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

H. ORDINANCES: INTRODUCTION

1. Ordinance No. 14-17: An Ordinance Supplementing and Amending the Revised Ordinances of the Township of Randolph, Morris County, NJ of Chapter 48, Towing Services

Manager Mountain explained that the Council adopted an ordinance approximately one year ago that allowed for the establishment of a rotational arrangement for towing services. It became effective last fall; the ordinance and the service have worked out very well. It was agreed that, before making any revisions to the ordinance, the township would wait approximately one year to determine the effectiveness of the new arrangement. The time has proven that it would be beneficial to make changes to a couple of areas of the ordinance. This ordinance incorporates the recommended changes; Manager Mountain reviewed the general areas of change.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE SUPPLEMENTING AND AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NJ OF CHAPTER 48, TOWING SERVICES” 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 29th of June 2017 at 7:00 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.

Councilwoman Veech asked who would be auditing the documents. Manager Mountain explained that the police department’s detective bureau would ask for records and review them.

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

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

NAYS: None

2. Ordinance No. 15-17: An Ordinance of the Township of Randolph Accepting the Dedication of Block 199, Lot 46.17 Located Within the Township of Randolph

Manager Mountain explained that several years ago, when The Preserve subdivision was completed by K. Hovnanian, there was a portion of property intended to be conveyed to a neighboring property owner. Per Darren Carney, at the time both the township and K. Hovnanian were under the impression that the filing of the map by K. Hovnanian conveyed the land over to the property owner. However, the actual dedication of the property never followed. The township was recently contacted by the property owners, and although they have been using the land, their deed does not reflect the conveyance; therefore, if they go to sell, it will cause them a problem. The township contacted K. Hovnanian; they felt the conveyance had already been done. This ordinance accepts the conveyance of the property to the township. Simultaneously, Ordinance 16-17, which is up for introduction, provides for the conveyance of the property from the township to the property owners. These ordinances close the loop.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH ACCEPTING THE DEDICATION OF BLOCK 199, LOT 46.17 LOCATED WITHIN THE TOWNSHIP OF RANDOLPH” 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 29th of June 2017 at 7:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Loveys asked if K. Hovnanian had deeded the property to the township. Manager Mountain explained that the transactions were somewhat confusing. The property owners have been using the land, and paying taxes on it; however, they were concerned that it might not be clear in the event they try to sell their home.

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

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

NAYS: None

3. Ordinance No. 16-17: An Ordinance of the Township of Randolph Authorizing the Transfer of a 4,730 Square Feet Portion of Block 199, Lot 46.17 to Lot 47 Located Within the Township of Randolph

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AUTHORIZING THE TRANSFER OF A 4,730 SQUARE FEET PORTION OF BLOCK 199, LOT 46.17 TO LOT 47 LOCATED WITHIN THE TOWNSHIP OF RANDOLPH” 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 29th of June 2017 at 7:00 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 Tkacs made a motion to introduce the ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

I. DISCUSSION ITEMS

1. Energy Aggregation

Mayor Carey asked the guests to introduce themselves. The guest were: Alan Zakin, with the Concord Energy Services (CES) and Commercial Utility Consultants (CUC) of Morris Energy Aggregation Program; Vicky Malloy, VP of CES, explained that they are also the state contractor for energy consulting; Arif Welcher with the New Jersey Board of Public Utilities which supports the Community Energy Aggregation program explained that he attends many town meetings to inform people that it is a state funded program which makes for a lot of safeguards against bad experiences that people have had in the past; Lisa Hibbs, VP of Operations and Government Relations for CUC.

Ms. Malloy provided the background on the law passed in NJ in 2003 allowing counties to look at opportunities to provide reduced-costs for energy commodity to their residents. In 2012, the law was further defined and put into place. Every February the State of New Jersey auctions with different suppliers for every customer that needs electricity or natural gas from the utility; they set the rates with the utility providers. This program allows for savings at the local level. CES currently represents eight towns in Morris County participating in this program; those residents have realized about 9% savings to the supply portion of the electric.

Ms. Hibbs explained that Community Aggregation allows the township to reset, at a community level, the default of what your residents are paying for the supply portion of their electric; delivery remains the same. She explained the benefits of participation: consumer protections, no fees or fines, and that residents can opt in and out any time. She explained that the only residents that are not allowed to opt in at any time are those that have already negotiated a contract; residents with solar are opted out due to the way their metering is set. Ms. Hibbs explained that there is no benefit to the municipality, it is solely for the benefit of the residents. If the township needs an attorney to review the documents, the costs can be recouped through the program once the program moves forward. CUC provides all of the mailings and public outreach, as well as documents such as ordinances, resolutions, and RFPs; the process takes about six months to complete. Ms. Hibbs also explained the opt out procedure for residents, as well as the specifics of the contract. All the current services remain the same.

Mr. Zakin provided names of administrators and mayors from other towns that have joined the program in case Council members or Manager Mountain wanted to make contact and gather information.

Mayor Carey asked what the typical complaint was for those opting out of the program. Mr. Zakin responded that the biggest complaint was that people do not want the government telling them what to do. Ms. Malloy added that some people just do not understand the charges on their bill, and they are not comfortable changing anything.

Councilman Forstenhausler asked for clarification on their statement about the town recouping any expenses, and what those expenses might be. Ms. Hibbs explained that if the township wanted to recoup the attorney’s review of the documents, they will reimburse up to $2,000.

Councilman Forstenhausler also asked what company the residents would be dealing with. Ms. Hibbs replied that it is unknown until it goes out to auction. Ms. Malloy provided a background on the company, Concord Energy Services. Mr. Welcher added that all of the providers involved with the program have been backed by the state. He added that the state guarantees that if there is no savings, there is no program.

Councilman Tkacs clarified that residents who have already have a third party contract are automatically opted out. Ms. Hibbs explained that it was correct and that the utility company will not provide information for those residents; they will only get residents still on the state’s BGS.

Councilman Napoliello clarified that if the Council agreed to the program, all residents would automatically be switched. Ms. Hibbs replied that was correct, except for those with solar and those who already have a third party. She described all the paperwork that residents would receive, with the township’s letterhead for the cover letter.

Councilman Loveys clarified that the ultimate goal would be for Randolph to join the co-op. Ms. Malloy replied that Randolph is large enough that it can go out by itself, but it could join the co-op. If it joined the co-op, Wharton is the lead; if it did not join the co-op, Concord Energy Services is the lead. Ms. Malloy explained various options.

Manager Mountain asked if they had an idea of what the limit was as to the number of households that could participate. Ms. Malloy replied that once it’s over 50,000 household, then economies of scale are not coming into play; there are currently approximately 20,000 households.

Councilman Guadagno expressed his concern with agreeing to the program and telling residents what energy company they should use, despite the opt-out option. He stated that he was against the program; he did not see the advantage of the government getting involved.

J. OPEN TO THE PUBLIC

Kelly Kimiecik of 15 Seneca Trail stated that she is a Randolph resident as well as the Borough Engineer for Califon, New Jersey. The Califon Mayor was also in attendance. Ms. Kimiecik asked if the energy program would be beneficial for a small town or if 2/3 of a town opted out. She also asked if any towns in Hunterdon County participated in the program. Ms. Malloy replied that once the rate is set, it is set for the term, regardless of any attrition; she also replied that they have a meeting with Clinton in July. Mr. Zakin added that in Morris, the opt-out rate is between 10-20%.

Jim McConnell of 45 Carrell Road asked if this was the same as Viridian, energy management, from several years ago. Ms. Malloy replied that they were a power supplier, multi-level marketing, so residents could get involved and sell to their friends; she was unsure if Viridian still existed. Ms. Hibbs stated that this program was in response to the Viridian experience.

Ms. Kimiecik asked who pays for these companies to do all the work. Ms. Hibbs replied that the supplier does, there is no cost to the township. Ms. Malloy explained that their fee is less than 1%, which is included in the supplier rate offered to residents.

Judith Stewart of 114 Everdale Road reminded the Council that the library will begin the outdoor concert series soon; she encouraged everyone to attend.

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

K. COUNCIL COMMENTS

Councilwoman Veech reported that she attended the joint meeting of the Parks Committee and Recreation Committee. They toured Randolph Lake, and it looks great; they still need a nice sign, and suggested a grand re-opening to attract more residents. There were 443 family members registered in June, which is higher than past years. Councilwoman Veech stated that the camp numbers are good as well.

Councilwoman Veech stated that there was a report from Greg Johnsen, of the Wildlife Management Committee, about the possibility of extending the hunting zones; it is an ongoing discussion with the committee.

Councilwoman Veech also reported on the Community Garden and that Paul O’Malley would take the lead from the Parks Committee. This may begin in July or August.

Councilwoman Veech asked about all of the paving on Route 10, and how that might affect the future work to the intersections by the DOT. Manager Mountain responded that he confirmed with the DOT that the paving has nothing to do with the project that is planned. He suspects that the original plan for the intersection project to be done in 2019, may be getting pushed to 2020 or longer, but they have not yet communicated that to him.

Councilman Tkacs reported that he was the Captain for the Randolph team for the Relay for Life, and he attended the event; a total of $735 was raised by the team. He received an email from the event coordinator stating that over $35,000 was raised. He felt the event was very nice.

Councilman Guadagno stated that he would like the garbage committee to meet again; there is a problem with the collection method of recycling. Councilwoman Veech stated that a reverse 911 should go out on Monday. Manager Mountain explained that the current collection is not working, and even when the reverse 911 goes out, residents still put the recycling out. He explained that he spoke to the contractor prior to this being an issue, and the contractor said that it is not a cost issue, they will do whatever the township wants to do. Manager Mountain explained that at the sub-committee meeting it was felt that this method was easier; however, the partial weeks throw off the schedule and it gets confusing. He felt the issue needs to be discussed at the sub-committee. Councilman Guadagno added that he felt the reverse 911 system is not working properly because even when messages did go out, there was still plenty of recycling placed curbside.

Councilman Guadagno reported that the pond at Heistein Park looks terrible. Manager Mountain replied that he spoke with Jeanne Montemarano about the issue, and they will be looking at options to address the issue.

Councilman Napoliello stated that the Morris County League of Municipalities meets on June 21st at Berkshire Valley Golf Course. There will be a discussion on the watershed, as well as a presentation by former Giant football player, Lee Rouson.

Councilman Loveys added that the members of the Wildlife Management Committee have not yet fully evaluated the issue of extending the hunting zones because they are waiting for larger maps.

Councilman Loveys reported that the MAC is coordinating an opiate forum for October 11th. Prosecutor Knapp, and Chief Assistant Prosecutor Brad Seabury from the Prosecutor’s Office will be guest speakers; it will be held at the high school.

Mayor Carey reported:

• She and Manager Mountain attended the presentations by the 8th grade Capstone students at the middle school. She explained that it was a great event; she was impressed by the amount of work the students had put in, their proposals, and their presentation skills.
• She and Councilmen Loveys, Napoliello, and Tkacs attended the ribbon cutting ceremony at the LiveWell Pharmacy.
• She attended the Greek Festival.
• She attended the ribbon cutting ceremony at the Salus por Aquam spa.
• She also attended the Chamber of Commerce After Hours event at Brightview Randolph, the Senior Olympics at Brundage Park, the Memorial Day ceremony at the VFW and also the elevator dedication, and the bench dedication for Len Pietrewicz.

Councilman Loveys commended Donna Luciani for her work with managing the various Buildings and Grounds projects.

L. EXECUTIVE SESSION

There was no Executive Session.

M. ADJOURNMENT

Deputy Mayor Forstenhausler made a motion to adjourn the meeting at 7:00 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None