502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: June 16, 2016

A. OPENING OF REGULAR MEETING

1. Call to Order

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

2. Roll Call

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

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

3. Pledge of Allegiance

Mayor Hirniak led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

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

C. MANAGER’S REPORT

Manager Mountain reported the following:

  • Upcoming Personnel Changes—Sally Cascio, Secretary in the Engineering Office, will be retiring at the end of June. Terri LaPenna, the part-time Secretary, will become full-time, and the part-time position will be filled. Barrie Palumbo, Zoning Official, will be leaving on July 8th to accept a full time job. They will fill this position.
  • Mac Spar Drive Project—there is a Resolution to reject the bids for this project; the bids came in significantly higher than the engineer’s estimate. It is felt that this was due to the timing of the bid, since often in the summer contractors are busy and tend to bid higher. Paul Ferriero and Ralph Carchia will be working on the specification to see about lowering some of the areas where they received high pricing. The project timeframe will move from the fall of 2016 to the spring of 2017; they will be notifying those residents. The Manager told the Council that if any residents contact them about the project, they should direct them to him, Paul, or Ralph.
  • Sussex Turnpike Phase 2 Water Line Project—prior to this Council meeting, they held a public meeting with residents and business owners that will be affected by this project; the meeting was lightly attended. The general feedback at the meeting was positive. They explained to those in attendance that they tried to have the contractor work at night, but at this point, the contractor wants to work during the day. He indicated that if he does not make the progress he expects to make during the day, he will shift the work to night time; if that happens, township staff will notify the residents. Paul Ferriero and Ralph Carchia did an excellent job answering questions.
  • He contacted the County Engineer after the last Council meeting where Councilman Guadagno raised issues about the transition areas on Sussex Turnpike and Dover Chester Road. The County Engineer committed to having the contractor to look at it, and attempt to rectify the issue. The Manager will follow up in about a week, and report back to the Council.
  • The Master Plan Re-examination Committee—had its last meeting; they heard from Bob Michaels and Darren Carney on the final draft of the report. The committee gave Mr. Michaels clearance to distribute the report to the Planning Board for their review and action. The Planning Board will discuss the report at their meeting in July. The Manager will share the report with the Council when he receives it; however, no action will be required of the Council. There will be some action items that come from the report once the Planning Board approves the plan, they will be discussed at a future meeting.

D. 2016 AUDIT DISCUSSION

Manager Mountain introduced Bill Schroeder, from Nisivoccia.

Bill Schroeder highlighted the following regarding the township:

  • Had a successful bond sale this year
  • AAA rating, which is very rare
  • Fund balance went up 19%, to $2,472,000. The Major generators being:
    • Amount to be raised by taxes compared to what was collected was $2,175,000
    • $760,000 of Miscellaneous Revenue Not Anticipated (MRNA)
    • $667,000 of revenue in excess of what was anticipated in the budget
    • The township is in a two year budget cycle; the township lapsed $1,792,000
    • These figures were offset by the approximately $3,300,000 of fund balance
  • Has the largest fund balance of any municipality that he sees, especially proportionate for the size
  • The Open Space Trust Fund Balance was up from approximately $800,000 to $1,171,000
  • The remaining borrowing capacity is $129,385,000
  • Had a very strong year

Councilwoman Veech asked at what point the fund balance is considered too large. Mr. Schroeder explained that his personal opinion is that the township is approaching the high end.

Mayor Hirniak thanked Manager Mountain and Darren Maloney for their budgeting practices.

The vote to approve Resolution R-191-16 was included with the Combined Action Resolutions.

E. APPROVAL OF MEETING MINUTES

1. Approving Regular Meeting Minutes for April 21, 2016 and May 19, 2016

Councilman Loveys made a motion to approve the Regular Meeting Minutes from April 21, 2016. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to approve the Regular Meeting Minutes from May 19, 2016. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilman Napoliello (Abstain)
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak (Abstain)

NAYS: None

F. COMBINED ACTION RESOLUTIONS

Amended to add Item #15—Resolution R-191-16, Governing Body Certification of the Annual Audit for the Year 2015.

Item #10, Professional Services Agreement to Dewberry Engineers—Councilman Loveys asked if the pump stations were included in the Capital budget. Manager Mountain explained that they were listed as a pump station study. It was decided to divide the study into a couple of phases, and to have those pump stations with the greatest need be the first two to be analyzed.

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

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

NAYS: None

1. Release Road Opening Cash Bond for the Purpose of Moving a Driveway at 41 Hill Street, Block 6, Lot 143 to Tony Swaneveld—$500.00

R-181-16

WHEREAS, the Engineering Department has received a request from Tony Swaneveld for the release of a $500.00 cash road opening bond posted for the purpose of moving a driveway at 41 Hill Street, Randolph, Block 6 / Lot 143; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on 11/19/15; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the moving of driveway at 41 Hill Street, Randolph, within the Township Right of Way; and

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

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Tony Swaneveld at 41 Hill Street, Randolph, NJ 07869.

2. Authorizing the Township to Conduct Mandatory State Housing Inspections Between July 1, 2016 and June 30, 2017 and to be Compensated by the State in the Amount of $4,000.00

R-182-16

WHEREAS, the Township wishes to enter into an agreement with the State of New Jersey, Department of Community Affairs; and

WHEREAS, the Township agrees to conduct State mandated inspections of hotels and multiple dwellings within its jurisdiction on behalf of the Bureau of Housing during Fiscal Year 2017; and

WHEREAS, these inspections will be conducted between July 1, 2016 and June 30, 2017; and

WHEREAS, the amount the Township will receive is based upon the number of hotels, motels, and multiple dwellings that require inspection during the fiscal period; and

WHEREAS, the State agrees to pay the Township a sum of $4,000.00 for this service.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey that the Mayor be authorized to sign this Agreement.

3. Authorizing a Refund of an Application Fee of $235.00 and Escrow Funds of $1,000.00 to the Estate of Michael Lyczkowski for 10 Greenhut Ave., Block 12, Lot 2.04 Due to the Application Being Withdrawn Prior to Public Hearing

R-183-16

WHEREAS, the Planning and Zoning Department received an application fee and escrow funds from Estate Michael Lyczkowski, 10 Greenhut Avenue, for Block 12, Lot 2.04; and

WHEREAS, the applicant has withdrawn its application prior to public hearing and is requesting a refund of the application fee in the amount of $235.00(50% percent of original application fee), and remaining escrow funds 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, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator that the application fee $470.00 (minus the 50% of original application fee), and remaining escrow funds in the amount of $1,000.00 be refunded to the Estate of Michael Lyczkowski c/o Executrix Sophie Dyer, 61 Stephen Place, Rockaway, NJ 07866.

4. Authorizing the Rescission from Skylands and Re-Award to Firefighter One of a Portion of MCCPC Contract #40 (personal protection items and equipment for emergency personnel)

R-184-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #40 (Personal Protection Items & Equipment for Emergency Personnel); and

WHEREAS, bids had been advertised and received on April 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, the Township Council awarded Contract #40 based on the highest discount offered for the most current price list available to various responsive and responsible bidders on May 19, 2016; and

WHEREAS, subsequent to the award of the contract a vendor (Firefighter One) protested the award of Category A, Item 10 (Dragon Fire Gloves), to Skylands which was based on a 2016 price list with an 18% discount; and

WHEREAS, Firefighter One stated that his price list dated May 2015 was the most current price list available and he was offering a 20% discount; and

WHEREAS, the MCCPC contacted Dragon Fire Gloves and determined that the May 2015 price list is the most current price list available and that there is no 2016 price list available to any vendor; and

WHEREAS, based on the information provided by the manufacturer it is recommended that the award of Category A, Item 10 (Dragon Fire Gloves), be rescinded from Skylands and re-awarded to Firefighter One.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the rescission of Category A, Item 10 (Dragon Fire Gloves) from Skylands.

BE IT FURTHER RESOLVED that the Township Council authorizes the re-award of Category A, Item 10 (Dragon Fire Gloves), to Firefighter One as stated above for the term July 1, 2016 - June 30, 2017.

5. Refund Outside Tax Sale for Block 81.06, Lot 16, 324 Center Grove Road to Lien Times—$90,589.45

R-185-16

WHEREAS, Outside Tax Sale Certificate #1945 held by Lien Times, L.L.C., assessed to Deutsch Bank National Trust Co., Block 81.06, Lot 16, 324 Center Grove Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $64,889.45 and premium in the amount of $25,700.00.

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 $90,589.45 to Lien Times, L.L.C. holder of Tax Sale Certificate #1945.

6. Renewal of Liquor Licenses 2016-2017—Nicole’s Ten; Skylands; Mr. Crabby’s Seafood Shack

R-186-16

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 2016-2017 season commencing July 1, 2016 and ending June 30, 2017 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:

LICENSE NO.NAME OF LICENSELOCATIONFEE
1432-33-001-011Nicoles Ten, LLC
Nicoles Ten
246 Route 10 West
Randolph, NJ
$2,500
1432-33-008-008Skyhil Corporation
Skylands
792 Route 10 West
Randolph, NJ
$2,500
1432-33-002-006Mr. Crabbys Seafood Shack399 Route 10 East
Randolph, NJ
$2,500

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.

7. Release of Performance Bond ($339,750.00)—Project Retainage and Acceptance of the Maintenance Bond ($241,076.01) for the 42 Bennett Avenue Demolition Project the Ambient Group

R-187-16

WHEREAS, Engineering has received a request from The Ambient Group, LLC for the release of their Performance Bond, No. PAISU0692714, issued by International Fidelity Insurance Group, in the amount of $339,750.00, for the demolition of the EA Porter building located at 42 Bennett Avenue; and

WHEREAS, it is recommended that the performance bond be released to the Ambient Group and that the Township accept the required two year Maintenance Bond, No. PAIFSU0692714, in the amount of $241,076.01, issued by International Fidelity Insurance Group, LLC which was filed with the Township Clerk’s office.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, that the Performance Bond, No. PAISU0692714, in the amount of $339,750.00 be released to the Ambient Group, LLC Contracting, 222 Thies Road, Sewell, NJ 08080 and that Maintenance Bond No. PAISU0692714, in the amount of $241,076.04, issued by International Fidelity Insurance Company be accepted by the Township of Randolph to serve as the two year Maintenance Guarantee.

8. Authorizing the Rescission and Re-award of Category D (sheetrock and supplies) of Contract #10 (lumber, insulation, hardware, paint and paint supplies)—Various Vendors

R-188-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #10 (Lumber, Insulation, Hardware, Paint & Paint Supplies); and

WHEREAS, bids had been advertised and received on April 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, the Township Council awarded Contract #10 to various vendors on May 19, 2016; and

WHEREAS, vendors are required to sign and return all contracts and paperwork to the MCCPC within ten (10) business days; and

WHEREAS, Bayway Lumber in Linden, New Jersey, did not return the contracts within the time allotted; and

WHEREAS, the MCCPC allowed an extra five (5) days for Bayway Lumber to return the signed contracts and the contracts were not received; and

WHEREAS, it is recommended that Category D (Sheetrock & Supplies) of Contract #10 (Lumber, Insulation, Hardware, Paint & Paint Supplies) be rescinded from Bayway Lumber; and

WHEREAS, Continental Hardware in Newark, New Jersey, is the second lowest bidder for Category D in Contract #10 and they have agreed to extend their pricing for the term of the contract as follows:

1a. Gypsum wallboard—fire code—5/8" x 4' x 8'$10.69 each
1b. Gypsum wallboard—fire code—1/2" x 4 x 8'$11.54 each
1c. Gypsum wallboard—fire code—1/2" x 4' x 12'$14.99 each
2. Joint spackling compound, 5 gallon can$16.89 each
3. Sheetrock corner bead, 8'$0.97 each
4. Joint tape, 250' rolls$1.95 each

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the rescission of Category D (Sheetrock & Supplies) of Contract #10 (Lumber, Insulation, Hardware, Paint & Paint Supplies) from Bayway Lumber as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the re-award of Category D (Sheetrock & Supplies) of Contract #10 (Lumber, Insulation, Hardware, Paint & Paint Supplies) to Continental Hardware as stated above for the term July 1, 2016 - June 30, 2017.

9. Rejecting All Bids for the Mac Spar Drive Sanitary Sewer Project Due to the Lowest Bid Substantially Exceeding the Cost Estimate and Appropriation for Goods and Services

R-189-16

WHEREAS, the Township of Randolph advertised for the Mac Spar Drive Sanitary Sewer project in accordance with Local Public Contracts Law and received bids on June 8, 2016; and

WHEREAS, 5 bids were received; and

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

John Garcia Constr. Co. Inc., Clifton, NJ—Base Bid: $499,150.00;
Reivax Contracting, Newark, NJ—Base Bid: $486,969.00;
Underground Utilities Corp., Linden, NJ—Base Bid: $499,615.00;
P.M. Construction Corp., Hillside, NJ—Base Bid: $597,775.00;
Sanitary Construction, Rockaway, NJ—Base Bid: $629,465.80; and

WHEREAS, the Engineer, the Engineering Administrator/W&S and the Purchasing Agent recommend the rejection of all bids as the lowest bid substantially exceeds both the cost estimate and the appropriation for the goods and services.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids be rejected for the Mac Spar Drive Sanitary Sewer project as the lowest bid substantially exceeds both the cost estimate and the appropriation for the goods and services.

10. Authorizing the Award of a Professional Services Agreement to Dewberry Engineers, Inc. for Professional Engineering Services for Evaluation of the Meadowbrook and CCM Sanitary Sewer Pump Stations—Not to Exceed $49,810.00

R-190-16

WHEREAS, the Township of Randolph (“Township”) requires professional engineering services for evaluation of the Meadowbrook and CCM sanitary sewer pump stations; and

WHEREAS, the Engineering Administrator/W&S solicited proposals from three engineering firms; and

WHEREAS, proposals were received from two of the three firms solicited: and

WHEREAS, the Engineering Administrator/W&S has evaluated the proposals and recommends the award of the professional services agreement to Dewberry Engineers; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and

WHEREAS, the Township has agreed to retain Dewberry Engineers Inc. located at 600 Parsippany Rd, Ste 301, Parsippany, NJ 07054 to provide the necessary professional engineering services for evaluation of the Meadowbrook and CCM sanitary sewer pump stations for a total amount not to exceed $49,810; and

WHEREAS, the fees are as noted in the attached proposal; and

WHEREAS, the anticipated term of this contract is until the project is fully completed; and

WHEREAS, the contract with Dewberry Engineers Inc. is for a total amount not to exceed $49,810 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Dewberry Engineers Inc. has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Dewberry Engineers Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

  1. The Township hereby hires, employs and retains Dewberry Engineers Inc. having an office at 600 Parsippany Rd, Ste 301, Parsippany, NJ 07054 to provide professional engineering services for evaluation of the Meadowbrook and CCM sanitary sewer pump stations effective June 24, 2016 until the project is fully completed.
  2. Dewberry Engineers Inc. shall be compensated for a total contract amount not to exceed $49,810.
  3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
  4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
  5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
  6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
  7. This Resolution shall take effect June 24, 2016.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 16, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Sewer Capital Fund, Ordinance 15-16, Sewer Pump Station Study, to award a contract to Dewberry Engineers for a pump station study, per its proposal to the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 08-215-55-914-303 (not to exceed $49,810)

11. Raffle License, Games of Chance, Kiwanis Club of Randolph, Inc, at County College of Morris (Freedom Festival), 214 Center Grove Road, Randolph, NJ on June 30, 2016 from 6:00 p.m. to 11:00 p.m.; July 1, 2016 from 6:00 p.m. to 11:00 p.m.; July 2, 2016 from 2:00 p.m. to 11:00 p.m.

12. Raffle License, On-Premise 50/50, PTA Mine Hill, Skylands at Randolph, 792 Route 10, Randolph, NJ, October 18, 2016 from 5:30 p.m. - 11:00 p.m.

13. Raffle License, Tricky Tray, PTA Mine Hill, Skylands at Randolph, 792 Route 10, Randolph, NJ, October 18, 2016 from 5:30 p.m. - 11:00 p.m.

14. Raffle License, Off-Premise 50/50 at St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph, September 18, 2016 at 1:15 p.m.

15. Governing Body Certification of the Annual Audit for the Year 2015

R-191-16

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 2015 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.

G. UPCOMING EVENTS

  1. Mission Gratitude—family fun event honoring Randolph’s first responders hosted by Pediatric Dental, 390 Route 10—Saturday, June 18th from 10:00 a.m. to 12:00 p.m.
  2. Randolph Rocks 5K on June 18th, starting at Randolph High School, 511 Millbrook Avenue—registration between 7:00 a.m. and 8:15 a.m.
  3. Grand Opening and Ribbon Cutting Ceremony—Rossy’s Pediatric Dentistry, 477 Route 10 East, College Plaza—June 21st at 5:00 p.m.
  4. Freedom Festival Fireworks—Saturday, July 2nd (rain date July 3rd), County College of Morris, 9:30 p.m.
  5. Ribbon Cutting, Martial Arts—Saturday, June 25th at 11:00 a.m. at 3 Middlebury Blvd.

H. ORDINANCES: INTRODUCTION

1. Ordinance No. 20-16: An Ordinance Amending Sections 31-91 and 31-111 of Chapter 31, Traffic and Vehicles of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

Manager Mountain explained that the Ordinance would permit night time parking on the internal roads within the Gateways complex; it would also prohibit parking during snow emergencies. Under the Gateways site plan, they were permitted to have on-street parking, but never took advantage of it. The owner came to the township to request that the permitted use be implemented.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 31-91 AND 31-111 OF CHAPTER 31, TRAFFIC AND VEHICLES OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 7th of July 2016 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Guadagno stated that he did not really support this Ordinance because he felt that cars would soon be parked on both sides of the street. Manager Mountain explained that the Ordinance only permits parking on one side of the street, and it only gives the township the authority to enforce what is already permitted under the existing site plan. Councilman Guadagno explained that he believed the original ratio for the number of cars per apartment is off, otherwise there would not be a problem. He was concerned that there may be a problem in the future.

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

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

NAYS: None

I. DISCUSSION ITEMS

1. Parks and Recreation Master Plan

Manager Mountain explained that the intent of the discussion is to allow the Council the opportunity to raise questions or comments on the plan, which was previously presented at a public hearing on May 5, 2016. The plan is a draft. The Manager explained that the focus of the discussion is to gather feedback on the organization and content of the report, the recommendations, specifically the consensus of the priority of the recommendations, as well as the magnitude of certain projects. From this plan, the financial and action plans will be developed for the next six years and beyond. In addition to answering questions or comments from the Council, Pat Hoagland and Russ Newman will address items that were raised at the public hearing.

Pat Hoagland stated that the below issues were raised, and have since been reviewed:

  • Shelters at the parks, and specifically the one at Heistein Park, are under-utilized. He explained that the shelter at Heistein Park is in the middle of sports fields and not conducive to hosting parties.
  • The trails are under-utilized. He determined that the trails are heavily used.
  • The need for more turf fields was questioned. He met with the sports groups, and they felt there was a need since the fields are heavily used. He explained that he has done studies for other municipalities to determine the 20 year cost of artificial turf versus natural grass; with natural grass, a municipality could host 550 events (practices, games, etc.), but that number could be doubled or tripled with turf fields, depending if the field has lights. In the studies, the cost per event was approximately the same, but there are more events with the turf field. The artificial turf costs more, but there is a lot more use of the field. Russ Newman added that he met with his Parks Department Supervisor. There is usually 4 to 5 hours of maintenance per week for a grass field, and about 1 hour every two weeks or so for a turf field.

Councilman Napoliello stated that when the turf field was first discussed years ago, there were concerns raised about injuries. He asked if the Recreation Department had seen an increase in injuries. Russ Newman replied that they have not seen an increase in injuries specifically related to the turf field.

Mayor Hirniak explained that the Council will discuss whether they agree with projects, with the projected timeframe, and if there were questions on the estimated costs. The discussion is solely to provide Manager Mountain and Russ Newman with feedback.

Pat Hoagland added that all the projects can be done with the existing fund, without raising it.

Councilman Guadagno stated that he felt the plan was fabulous, and was excited by the plan. He commended everyone involved on the excellent job.

Councilwoman Veech stated that she felt the $12,500,000 total, with $6,000,000 being done in the first two years was good, and the initial projects are impactful. She also commended everyone involved.

Deputy Mayor Carey stated that she was part of the Steering Committee, and felt it was a very good process and the plan was well thought out. She felt the plan was excellent.

Councilman Loveys stated that he appreciated the time that everyone spent on the plan, and that they did what was asked of them. He asked for reassurance that the input provided from residents was statistically valid, and that the plan represented what the community wanted. He also commented that there was a heavy emphasis on the 90 Acre site, as well as on trail development; however, his main focus in the beginning was to improve what currently exists. The Councilman stated that he did not want to see any tax increase to implement the plan. He understands the concept behind the 90 Acres site, and he thinks it is a good one. However, he felt the current facilities should be utilized first. Councilman Loveys felt the turf fields and the lighting at Heistein Park were important.

Manager Mountain clarified that the township has always bonded for the big recreation projects. He explained that the projects in the plan that are considered big are the turf fields at Freedom Park and Brundage-Sussex as well as the lighting at Brundage-Sussex, and the 90 Acres site. Because of their magnitude, and with the goal of the majority of the plan being funded with cash, the three big projects noted are earmarked as bonded projects. The Manager explained that the Capitol budgeting will happen when the next six year plan is determined; there may be changes in the timing of projects at that time in an effort to make the pay as you go work.

Councilwoman Veech responded to Councilman Loveys regarding the upgrade to the current facilities. She felt the plan does incorporate those upgrades, and stated she would like to hear Pat Hoagland’s response.

Councilman Loveys explained that there were just a few other minor things at Freedom Park that need to be upgraded, and did not feel that they should wait 3 to 5 years. He described a drainage issue on the baseball field. He explained that he was not looking at the plan from a dollar perspective, but from a priority perspective. Manager Mountain explained that he was correct on the drainage issue; that one was pushed back. He explained that the priorities can be changed if the Council felt certain projects were more important than others.

Pat Hoagland explained that over 1,100 people were involved in the survey, with 520 of those being in the statistically valid random sample survey. He also explained that there was a balance between fixing up the current facilities and creating new facilities. Also noted in the surveys was the fact that the majority of the parks are sports facilities, which serve the children; however, more things need to be created for the adult residents.

Councilman Forstenhausler stated that he likes the plan for the 90 Acre site, and he agrees with Councilman Loveys about not increasing taxes in order to implement the plan. He asked if the debt service payments for the turf fields would come out of the operating budget or the recreation trust fund. Manager Mountain explained that the debt service payments would come from the recreation trust fund; the debt service for the three projects is estimated to be about 5.7 million dollars. He noted the analysis of how it impacts the trust is shown on page 126. The debt service is projected to climb by the year 2026 to a level higher than what it has been averaging in recent years. The Manager’s one concern with the plan is that due to the higher debt service payments projected for 2026, and several years beyond, the township will be limited to what can be spent from the trust in those years.

Councilman Forstenhausler confirmed that this is just a plan, and that there would be discussion and approval prior to each project. He added that he wants to make the public aware that this will come from the Recreation Trust Fund and the budget, not from a tax increase, and this will provide them with a great benefit.

Councilman Loveys stated that one of his concerns was that the Recreation Department staff already has a large workload, and that there would then be a request for an additional employee in the future. Russ Newman replied that the 90 Acre park would not require as much maintenance as other parks because there will not be athletic fields to maintain, it would only be lawn cutting and trash removal. The Parks Supervisor felt it could be maintained with the current staffing.

Mayor Hirniak noted, as others before him had, that the majority of the high cost projects are in the beginning of the ten year period. He asked for Manager Mountain to meet with Russ Newman and Pat Hoagland to address the timeline for the projects, looking at the potential to stagger the projects to stretch them out over the ten year period instead of front-loading them. Councilman Guadagno felt that since the projects would all come before the Council prior to their start, if the resources were not available, they could delay the project, but at least a plan would be in place. He did not see a problem with the cash flow, but agreed with the others that he did not want to see taxes increase in order to complete these projects.

There was more discussion on the scheduling of projects, and the potential to change the timing of projects if needed. Manager Mountain stated that he could look at the plan to determine if there was anything that could be changed in order to better balance it, without greatly altering the overall intent of the plan. Councilman Guadagno stated that he views the plan as more of a guideline than a strict plan for the timing of projects. Manager Mountain reiterated that the plan, staged over ten years, is going to result in the balance being drawn down; during Capital planning, the plan may need to be adjusted in order to financially remain on track.

There was some discussion on the three to five year plan for both the Randolph Museum and Artworks Studio.

Mayor Hirniak summarized the discussion by stating that Manager Mountain, Russ Newman, and Pat Hoagland will prepare information, prior to the next discussion on the plan, on the fiscal impact to the fund balance on a yearly basis, whether that can be adjusted by changing the priority of the projects, and whether certain projects at the end of the plan could be moved to the beginning.

The Council took a 5 minute break.

Mayor Hirniak opened the meeting to the public, per a request by Judith Stewart.

Judith Stewart of 114 Everdale Road stated that at the last discussion related to the Parks Master Plan, she brought up the need for an indoor walking facility for senior citizens. At that time, it was decided that the most cost effective way to provide an indoor walking track would be to rent space from the YMCA at certain times of the day and week in which it is not as heavily utilized. Mrs. Stewart also stated that she was told that the arrangement would be made with the YMCA, and that the cost would be covered by the Parks and Recreation Department so there would be no cost to the senior citizens. She was wondering if this was still part of the plan. Russ Newman explained that it was not part of the plan because it would be an investment outside of the Parks and Recreation Master Plan. Russ met with Bill Lamia from the YMCA on May 27th. Russ explained the details they discussed regarding this program, and further explained that the fee would be negotiated with the YMCA. The current senior membership at the YMCA is $44 per month. The township would measure the interest level of the seniors prior to the commencement of the program. Depending on the interest and the pricing, the township would provide supplemental funding to the YMCA through the Community Services budget.

2. Trail Master Plan Committee

Manager Mountain explained that he sent the Council an email with suggestions as to how to approach the Trail Master Plan Steering Committee. He outlined a committee of 8-10 members, with 1-2 of those members from the Parks & Recreation committees, similar to the Parks & Recreation Master Plan Steering Committee, 1-2 Council member liaisons, and 4-6 members of the public with relevant interest/knowledge. The Manager would like the committee to be established by July, and begin work no later than September. He felt that Russ Newman and Darren Carney would be the staff members on the committee. There would be money appropriated from the 2016 Capital Budget for a facilitator; the facilitator would have a leadership role so that Russ and Darren could focus on the technical input. Manager Mountain envisioned this phase of the group’s efforts being a non-standing committee, not formed by Ordinance; however, this committee may recommend that a standing Trails Committee be established by Ordinance to implement their recommendations.

Councilman Guadagno stated that typically there are 3 Council members on these types of committees, and asked why the Manager suggested only two members; he felt that 3 was important. Manager Mountain explained that he had thought it was proportionate to the size of the group, but he had no problem if the Council wanted three liaisons. Councilman Guadagno suggested the group to include 3 Council members, 1 Parks Committee member, 1 Recreation Committee member, and 4 members of the public, along with Russ Newman and Darren Carney.

Mayor Hirniak asked if the Council members were agreeable to having the 9 members that Councilman Guadagno suggested. Deputy Mayor Carey, Councilwoman Veech, and Councilman Guadagno were in agreement, no others commented. Mayor Hirniak asked Manager Mountain to send another email outlining the 9 total members suggested by Councilman Guadagno, a date for a return response, and a request for suggested members to fill the spots.

Councilman Guadagno volunteered to be on the committee. Mayor Hirniak stated that he wanted time to think about which Council members he would suggest.

Deputy Mayor Carey stated that Manager Mountain noted in his email that several individuals from the public had already expressed interest; she asked if the Council had those names. Mayor Hirniak responded that he had two Tap the Talent forms. Manager Mountain asked the Council to have anyone who is interested complete and submit the Tap the Talent form no later than July 1st. Once collected, the Tap the Talent forms will be provided to the Council for discussion.

Councilman Loveys asked for clarification regarding the steering committee and an advisory committee since a Trails Advisory Committee was already added to the Tap the Talent form. Manager Mountain stated that it would need to be clear that this committee is strictly a steering committee. However, the steering committee may recommend a Trails Advisory Committee, and if so, those serving on the steering committee may be considered for the advisory committee.

Councilwoman Veech suggested that Russ Newman send an email to the Parks Committee to determine if anyone has interest in being on the Trails Steering Committee; Russ agreed to send an email, and let the Council know if anyone was interested.

There will be a discussion at the July 7th Council meeting.

3. Grease Trap

Councilman Forstenhausler reported that he had asked Manager Mountain about a potential grease trap ordinance to protect the township’s sanitary sewer system. If food establishments allow too much grease into the sewer system, it creates backups or clogs, and can be costly to the township. Several towns have such ordinances, and they are written to protect the sewer system by requiring the food establishment to maintain their grease traps. Councilman Guadagno stated that anyone who connects to the Rockaway Valley Regional Sewerage Authority (RVRSA) or to the Butterworth Sewage Treatment Plant, has to follow specific regulations related to their grease trap. He added that there has not been a problem in Randolph, the last issue was in Chester Borough.

Manager Mountain explained that there is currently an education and enforcement program, but there is no ordinance requiring the cleaning of grease traps. Township staff visit each establishment and check the records. If there is a problem, they rectify the situation at the expense of the establishment. There have not been widespread issues, but there have been occasional issues. This discussion was to provide information to the Council, and determine interest in any further action. If there was interest, the Manager would direct Councilman Forstenhausler to report it to the Board of Health, and have them research the issue and provide recommendations to the Council. The Manager felt that there was not really a need for an ordinance at this point since there has not been many incidents; however, if it becomes more of a problem, then the Board of Health should provide a recommendation for an ordinance.

Councilman Guadagno reported that the RVRSA provides him with reports, and when there has been a problem, it has been addressed.

J. OPEN TO THE PUBLIC

Jim McConnell of 45 Carrell Road questioned the proposal of using the YMCA for the indoor walking track at a cost to senior citizens of approximately $40/month. He felt that residents pay taxes, whether they are young or old, and did not feel the seniors should have to pay more for the use of an indoor facility. Manager Mountain explained that the base price the YMCA would charge is $44/month; however, Russ Newman is trying to negotiate with the YMCA, and have the township supplement the cost, depending on the level of interest of the senior citizens. If there is great interest, the cost would be lower than if there was not much interest. Mr. McConnell felt that there should not be a fee associated with it since residents already pay taxes. Manager Mountain explained that even communities with their own indoor facilities charge a fee to cover operational expenses. Mr. McConnell felt that the YMCA should provide the use of the track at no cost, as a service to the township.

Judith Stewart of 114 Everdale Road stated that her understanding was that the township would pay the YMCA using money from the senior citizen’s taxes, and that the senior citizen would not be paying any additional money. She thought the township, instead of building its own facility, would rent the indoor track at the YMCA. Mrs. Stewart agreed with Mr. McConnell that the YMCA should waive that fee and agree to a designated time in which the seniors could use the track when it is not heavily used.

Mrs. Stewart noted the following events which were not listed on the agenda: Rummage Sale for the Randolph Animal Shelter, and that the Library will have summer hours beginning on June 18th, closing on Sundays, but open on Saturday from 9a.m.-12p.m. The Library will also host summer concerts on Monday nights by the gazebo.

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

K. COUNCIL COMMENTS

Councilwoman Veech reported that she attended the Hearts for Hammers event in early June at the Re-Store. She also attended the Greek Festival and the Morris County Co-Op luncheon. Councilwoman Veech and Councilman Napoliello attended the joint meeting of the Parks and Recreation committees on June 14. Russ Newman and Jeanne Montemarano took them to the 90 Acres site; committee members were very supportive of the plan for the site. They also visited Randolph Lake Park, and noted the facilities which need upgrading.

Councilwoman Veech also noted that at the Master Plan meeting, they discussed the next step would be to look at a Master Plan for the Mt. Freedom area. Manager Mountain explained that he would be providing a proposal to the Council from township planner, Bob Michaels, in the coming months. To maintain consistency, the Manager recommended using the same Steering Committee that was used for the Master Plan Re-examination.

Councilwoman Veech reported that she also attended the Randolph/Roxbury Chamber of Commerce luncheon at the Skylands.

Councilman Guadagno felt there were too many temporary signs on the street corners, and that the sign ordinance should be reviewed. He reported there were two cases currently pending, one in Indiana and one in Arizona. He felt no action should be taken at this time, until these other cases have been settled.

Councilman Napoliello added that there is a sign at the intersection of Park Avenue and Sussex Turnpike which indicates no trucks are allowed on Park Avenue. He stated that there are always trucks on Park Avenue, and that the sign should either be removed or the law should be enforced. Manager Mountain replied that he will discuss it with Chief Stokoe.

Councilman Napoliello added to Councilwoman Veech’s report regarding the tour of Randolph Lake Park; he said the kitchen facility was not well kept. Manager Mountain replied that Russ Newman had discussed this with him, and Russ would be following up with the appropriate people.

Councilman Napoliello reported that the Recreation Department indicated that the baseball committee will be combining the previously separated age groups into one committee for ages 5-12. He also reported that the Recreation Department has a relatively new sub-committee to educate committee chairmen; Joe Nazzaro feels it is working well.

Mayor Hirniak reported the following:

  • June 3rd—threw out the first pitch at Freedom Park
  • June 4th—joined Councilman Forstenhausler, Susan and Lauren Forstenhausler, and some residents at the Relay for Life. He thanked Councilman Forstenhausler for being the Captain of the Randolph Council team. He also thanked Lauren Forstenhausler for designing the team poster.
  • June 5th—attended an Eagle Scout Court of Honor at St. Matthew’s for one scout.
  • June 6th—he and Councilman Guadagno attended the Planning Board, an application was approved regarding a residential lot on South Road. There was discussion about improving the sidewalk that borders the property; he felt a reasonable accommodation was made with the property owner.
  • June 8th—attended the Randolph Before Hours at AAA in the Roxbury Mall at 7:30 am, it was well attended.
  • June 10th—attended the opening ceremony at the Greek Festival at St. Andrew’s. He commended the members of the Randolph Reporter and TAPinto for their coverage of this tradition.
  • June 12th—attended an Eagle Court of Honor at Ironia Firehouse for one scout
  • June 14th—attended the MCCPC luncheon
  • June 14th—attended the Board of Education meeting honoring retiring teachers. He spoke at the meeting, and thanked them for their service.
  • June 15th—attended the Chamber of Commerce, multi-chamber luncheon at Skylands

Councilwoman Veech added that on June 3rd her husband’s truck was broken into in their driveway. The police and the CSI unit from Morris County investigated the following morning. She reminded everyone to lock their car doors and not to leave valuables in their cars.

L. EXECUTIVE SESSION

There was no Executive Session.

M. ADJOURNMENT

Councilman Guadagno made a motion to adjourn the meeting at 9:30 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None