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

Minutes: June 28, 2018

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 Forstenhausler. 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 November 17, 2017 by emailing them the annual resolution adopted by the Council on October 10, 2017. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on November 23, 2017, and in the Daily Record on November 21, 2017.

2. Roll Call

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

ABSENT: Deputy Mayor Loveys

Also present: Township Manager Mountain, and Edward Buzak from the Buzak Law Group

3. Pledge of Allegiance

Mayor Forstenhausler led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Presentation of the 2017 Audit by Bill Schroeder

Manager Mountain introduced Bill Schroeder from Nisivoccia and Company.

Bill Schroeder reported the following:

• The township is in a great financial position.
• The results of operations—the fund balance was up $1,325,000 from the end of 2016 to the end of 2017; it’s a very healthy fund balance. That’s why the township has a AAA rating.
• Because of the changes in the tax law, the township went from $600,000 in prepaid taxes up to $9,100,000.
• Debt service drops about $300,000 per year.
• There is about $7,000,000 in authorized, but not issued. Those are ordinances that the township went out for, but did not yet issue the debt.
• Fixed asset—same recommendation as in past years—it’s important to know the physical location of the assets, and have them tagged.
• He explained the noted management suggestion—“Gasby 68,” the accounting and financial reporting for pensions (Net Pension Liability).

C. OPEN TO THE PUBLIC

Bill Medve of 15 Starling Road explained that he attended a Council meeting a couple of months ago to talk about Wawa; he handed out documents to the Council. Before Mr. Medve spoke, Attorney Ed Buzak explained that he was not familiar with the information, and asked if it was a pending application before a board or committee. Mayor Forstenhausler explained that it was a pending application before the Board of Adjustment (BOA). Mr. Medve explained that he wanted to express his concerns about the application while it is being evaluated by the township’s professionals. Attorney Buzak asked why he was not presenting this to the BOA during a public hearing. Mr. Medve explained that the application is not complete yet; it was previously before the BOA in 2017, but they withdrew the application. The application was resubmitted with some modifications; the application is still being reviewed. Mr. Medve explained that he felt there are things missing in the application. He felt that the board, the professionals, and the residents cannot properly evaluate the application without the knowledge of what he felt was missing; what he distributed to the Council documents those things. Attorney Buzak explained that if Mr. Medve’s intent was to bring deficiencies in the application to the attention of the township administrator, he cautioned him that he may be undermining the effectiveness of his intent by coming before the Council. Mr. Medve explained that he presented these same matters to the appropriate individuals in 2017; however, when he recently reviewed the application, the issues were not addressed, causing him concern. Attorney Buzak cautioned the Council that it is not their role to influence the BOA or professionals; by bringing it to the Council, it could potentially taint the proceedings. Mr. Medve explained that the Council has made no comment; they have only listened to his concerns. Attorney Buzak further explained that the Council cannot discuss with the BOA or any other professionals, any of the points that Mr. Medve might make; therefore, he did not understand what benefit would come from Mr. Medve presenting it to the Council. He was not suggesting that Mr. Medve’s points were not valid, nor was he saying that Mr. Medve could not speak during the public session; however, he explained that Mr. Medve might be undermining what he is trying to accomplish. Mr. Medve explained that he felt it was odd that his concerns were not addressed in the latest application. He was not against the applicant, he just felt that the applicant should address his concerns, and to date they have been ignored. Attorney Buzak stated that Mr. Medve’s criticism may be premature since the application hasn’t been completed. Mr. Medve stated that he will present the same documents to the Board of Adjustment.

Councilman Guadagno stated that he was not looking at what Mr. Medve distributed. He felt that by looking at the information, the other side could take issue and say that the Council was influenced. Attorney Buzak stated that that’s what he meant by tainting the record; he recommended Mr. Medve reconsider his request to present it to the Council. Mr. Medve took Attorney Buzak’s advice and stated that he would bring it to the appropriate individuals.

Judith Stewart of 114 Everdale Road stated that she supported the ordinance prohibiting tobacco products in public places.

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

• He introduced the new Director of Public Works, Tom Sweeney. Tom was previously employed by Long Hill Township for 25 years, the last 10 as Department Director. He started in Randolph on June 18th. He was selected from a very competitive pool of applicants; his experience and skill set was an excellent fit.
• He, Mayor Forstenhausler, Board of Education representatives, and the Superintendent of Schools met with realtors. They presented information on the benefits of purchasing a home or starting a business in Randolph. It was a good, interactive discussion; overall, the feedback was positive. The school representatives also provided them information on the upcoming referendum. There were approximately 20 realtors present.
• He and representatives from the Planning and Engineering departments met with representatives from CCM to review plans for their new advanced engineering and manufacturing building. The plan is for a 30,000 square foot building near the newer entrance from Route 10. The building will support their Engineering, Technology, and Engineering Science programs which have been increasing in attendance; it will double the space for health science programs and also allow for the addition of a state of the art virtual hospital. Representatives from CCM and the township previously met with the Morris County Economic Development Corporation in which they discussed workforce needs and how CCM could better produce future employees to meet the needs in the area. He felt that it would make a positive impact on Randolph as well as the County. The County will present to the Planning Board in August; ground breaking is anticipated in the fall.

E. COMBINED ACTION RESOLUTIONS

1. Refund Remaining Escrow Funds for 42 Forrest Rd., Block 160, Lot 24 to Emmanuel Stefanakis—$705.50

R-159-18

WHEREAS, the Planning and Zoning Department received escrow funds from Emmanuel Stefanakis, 42 Forrest Road, Block 160 Lot 24, and in the amount of $1,000.00; 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 $705.50 be refunded to Emmanuel Stefanakis, 42 Forrest Road, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

2. Refund Remaining Escrow Funds for 102 Shongum Road, Block 208.02, Lot 7 to Evan Munning—$690.00

R-160-18

WHEREAS, the Planning and Zoning Department received escrow funds from Evan Munning, 102 Shongum Road, Block 208.02 Lot 7, and in the amount of $1,000.00; 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 $690.00 be refunded to Evan Munning, 102 Shongum Road, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

3. Refund Remaining Escrow Funds for 7 Hickory Place, Block 211, Lot 1 to William Ruscher—$736.50

R-161-18

WHEREAS, the Planning and Zoning Department received escrow funds from William Ruscher, 7 Hickory Place, Block 211 Lot 1, and in the amount of $1,000.00; 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 $736.50 be refunded to William Ruscher, 7 Hickory Place, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

4. Refund a Portion of $610.00 Registration Fee for Summer Day Camp Program due to a Schedule Conflict to Martha Conte—$585.00

R-162-18

WHEREAS, Martha Conte registered her children for the Summer Day Camp program and paid the fee of $610.00; and

WHEREAS, her children will not be attending certain sessions due to change in work schedule.

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 $585.00 be refunded to Martha Conte, 2 Lookout Rd., Randolph, NJ 07869.

5. Refund Rental Fee for Community Center for a School Function due to Lack of Attendance to Paula Scali—$500.00

R-163-18

WHEREAS, Paula Scali rented the Community Center for a school function and paid the fee of $500.00; and

WHEREAS, she will not be utilizing the facility due to foreseen poor attendance.

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 $500.00 be refunded to Paula Scali, 77 Everdale Rd., Randolph, NJ 07869.

6. Release Road Opening Cash Bond for the Purpose of Repaving the Driveway at 92 Everdale Road, Block 119, Lot 11 to Matthew DeCagna—$500.00

R-164-18

WHEREAS, the Engineering Department has received a request from Matthew DeCagna at 92 Everdale Road, Randolph NJ for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 92 Everdale Road, Randolph, NJ 07869 (BL 119/L 11); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 17, 2018; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the driveway at 92 Everdale Road, Randolph NJ 07869, 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 Matthew DeCagna at 92 Everdale Road, Randolph, NJ 07869.

7. Authorizing Certification of the Annual Audit

R-165-18

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 2017 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.

8. Authorizing Submittal of the Township’s Corrective Action Plan to the Division of Local Government Services as a Result of the 2017 Audit

R-166-18

WHEREAS, in accordance with Local Finance Notice 92-15, all municipalities must prepare a Corrective Action Plan as part of their annual audit process; and

WHEREAS, the 2017 Audit report for the Township of Randolph has been filed; and

WHEREAS, attached is the Township’s Corrective Action Plan as a result of the 2017 audit.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a Corrective Action Plan be approved and submitted to the Division of Local Government Services.

9. Requesting the Approval of Items of Revenue and Appropriations per NJSA 40A:4-87—Clean Communities Grant—$55,086.69

R-167-18

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 2018 in the sum of $55,086.69, which is now available from the FY 2018 Clean Communities Grant Fund in the amount of $55,086.69.

BE IT FURTHER RESOLVED, that the like sum of $55,086.69 is hereby appropriated in the 2018 budget under the caption Clean Communities Grant- 2018; and

BE IT FURTHER RESOLVED, that the above is the result of funds from the FY 2018 Clean Communities Grant Fund in the amount of $55,086.69.

10. Cancelling Unused Balances in Ordinances #07-08, #10-08, #16-08, #10-10, and #09-11 for a Total of $1,828.00

R-168-18

WHEREAS, certain small balances in Ordinances #07-08, #10-08, #16-08, #10-10 and #09-11 remain dedicated to various capital improvements; and

WHEREAS, these balances have not been funded via the capital improvement fund, capital surplus or bonds or notes; and

WHEREAS, it is necessary to formally cancel these balances for a total of $1,828.00

NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director is instructed to cancel any unexpended balances in Ordinances #07-08—Acquire Land for Open Space ($961.00), #10-08—Various Capital Improvements ($12.27), #16-08—Various Capital Improvements ($809.84), #10-10—Various Capital Improvements ($17.00) and #09-11—Various Capital Improvements ($27.89) for a total of $1,828.00.

11. Release of Police Detail Escrow for Services Provided to Gold Medal Service—$435.00

R-169-18

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:

Gold Medal Service $435.00

12. Authorizing the Township Manager to Endorse the Treatment Works Approval (TWA) Application to NJDEP for the Construction of the Woodlawn Terrace and Schuman Road Sanitary Sewer Main Extension

R-170-18

WHEREAS, the Township of Randolph, (the “Applicant”) has planned the construction of a sanitary sewer main extension on Woodlawn Terrace and Schuman road; and

WHEREAS, the permit is to convey the effluent from 10 residential properties and 2 nonresidential properties with a total design flow of 4,000 gallons per day through the Randolph Township system to the Butterworth treatment facility.

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

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

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

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

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

13. Requesting the Approval of Items of Revenue and Appropriation per NJSA 40A:4-87 Municipal Alliance Grant (MAC)—$17,248

R-171-18—PREVIOUSLY ADOPTED UNDER R-137-18

14. Liquor License Renewals for the 2018-2019 Season

R-172-18

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 2018-2019 season commencing July 1, 2018 and ending June 30, 2019 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.

15. Refund Registration Fee for Summer Day Camp Program due to Transportation Issues to Terri Albright—$280.00

R-173-18

WHEREAS, Terri Albright registered her child for the Summer Day Camp program and paid the fee of $280.00; and

WHEREAS, her child will not be attending certain sessions due to Mom’s surgery and not being able to transport her kids to and from camp.

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 $280.00 be refunded to Terri Albright, 191 W. Hanover Ave., Randolph, NJ 07869.

16. Release Road Opening Cash Bond for the Purpose of Repaving the Driveway at 136 Mountainside Drive, Block 199, Lot 44 to Michael Jewell—$500.00

R-174-18

WHEREAS, the Engineering Department has received a request from Michael Jewell for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 136 Mountainside Drive, Randolph, NJ 07869 (BL199/L 44); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 4, 2018; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the driveway at 136 Mountainside Drive, Randolph NJ 07869, 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 Michael Jewell at 136 Mountainside Drive, Randolph, NJ 07869.

17. Refund Water Connection Fee of $2,385.00 and Road Opening Permit Fee of $700.00 in Exchange for the Township Obtaining a Permanent Sanitary Sewer Easement at 11 Nuke Terrace, Block 103, Lot 21 to Herb Strulowitz—$3,085.00

R-175-18

WHEREAS, the Engineering Department has received a request from Herb Strulowitz of 11 Nuko Terrace, Randolph NJ 07869, Block 103, Lot 21 for the refund of water connection and road opening permit fees; and

WHEREAS, the Township of Randolph received payment on 10/27/16 for a water connection fee and road opening fees for 11 Nuko Terrace, Randolph NJ; and

WHEREAS, the Township of Randolph has agreed to waive the previously paid water connection fee and road opening fees for the property in exchange for a permanent sanitary sewer easement.

WHEREAS, the refund amount for this connection fee is $2,385.00 and road opening fees of $700.00; and

WHEREAS, the Engineering/W&S Administrator recommends the connection fee and road opening fees be refunded.

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/W&S Administrator that the water connection fee in the amount of $2,385.00 and road opening fees of $700.00 be refunded to Herb Strulowitz at 11 Nuko Terrace, Randolph NJ 07869.

18. Refund Tax Sale Certificate for 2 Oak Drive, Block 174, Lot 21 to Ridgeback Ventures, LLC—$7,491.67

R-176-18

WHEREAS, Tax Sale Certificate #2022 held by Ridgeback Ventures LLC, and assessed to Salerno, Michael & Sharon known as Block 174, Lot 21 and also known as 2 Oak Dr.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Salerno, Michael owner of the said property.

WHEREAS, the redemption includes principal and interest in the amount of $6,391.67. There is also a premium in the amount of $1,100.00 to be returned.

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 total amount of $7,491.67 to Ridgeback Ventures, LLC, PO Box 503, Mt. Freedom, NJ 07970 the lien holder of Tax Sale Certificate #2022.

19. Refund Tax Sale Certificate for 1173 Sussex Tpke., Block 120, Lot 16.02 to Ridgeback Ventures, LLC—$21,643.98

R-177-18

WHEREAS, Tax Sale Certificate #2045 held by Ridgeback Ventures LLC, and assessed to Bajwa, Manjit Singh/Kaur, Ravinder known as, Block 120, Lot 16.02 and also known as 1173 Sussex Tpke.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Bajwa, Manjit owner of the said property.

WHEREAS, the redemption includes principal and interest in the amount of $21,643.98.

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 total amount of $21,643.98 to Ridgeback Ventures, LLC, PO Box 503, Mt. Freedom, NJ 07970 the lien holder of Tax Sale Certificate #2045.

20. Refund Tax Sale Certificate for 4 Drake Court, Block 221, Lot 43 to US Bank Cust BV002 Trst & Crdtr.—$7,174.02

R-178-18

WHEREAS, Tax Sale Certificate #2070 held by US Bank cust BV002 Trst & Credtr, and currently assessed to US Bank Trust NA TRUS known as, Block 221, Lot 43 and also known as 4 Drake Ct.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Residential Cap Mtg. who represents the property owner; and

WHEREAS, the redemption includes principal and interest in the amount of $3,774.02 and the return of the premium in the amount of $3,400.00.

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 the total amount of $7,174.02 to US Bank cust BV002 Trst & Crdtr, 50 South 16th Street—Suite 2050, Philadelphia, PA 19102-2513 the lien holder of Tax Sale Certificate #2070.

21. Refund Tax Sale Certificate for 11 Brookside Rd, Block 224, Lot 83 to US Bank Cust/EMP VI—$174,696.92

R-179-18

WHEREAS, Tax Sale Certificate #2008 held by US Bank cust/Emp VI, and currently assessed to Empire TF6 Jersey Holding LLC known as, Block 224, Lot 83 and also known as 11 Brookside Rd.; and

WHEREAS, The above mentioned Tax Sale Certificate has been redeemed by Thompson & Knight the law firm who represents a prior lien holder, SASS Muni V dtr; and

WHEREAS, the redemption includes principal, interest and legal fees in the amount of $174,696.92.

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 total amount of $174,696.92 to US Bank cust/ Emp VI, 50 South 16th Street—Suite 2050, Philadelphia, PA 19102-2513 the lien holder of Tax Sale Certificate #2008.

22. Refund Portion of $960.00 Summer Day Camp Registration Fee due to One Child Being Too Young to Attend and the Other Unable to Attend Session 1 due to a Conflict—Merete Ellington—$935.00

R-180-18

WHEREAS, Merete Ellington registered her children for the Summer Day Camp program and paid the fee of $960.00; and

WHEREAS, her child Harper will not be attending due to being too young to attend this camp and Holden not being able to attend session 1 due to family issues.

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 $935.00 be refunded to Merete Ellington, 14 Kirkbride Drive, Randolph, NJ 07869.

23. Release Stabilization Bond Posted for the Purpose of Ensuring the Driveway Stabilization at 15 Waterfall Drive, Block 52, Lot 2.05 to Domenic DiSiena—$2,000.00

R-181-18

WHEREAS, the Engineering Department has received a request from Domenic DiSiena for the release of a $2,000.00 Stabilization Bond posted for the purpose of ensuring the driveway stabilization at 15 Waterfall Drive, Randolph, NJ 07869 (BL 52/L 2.05); and

WHEREAS, the Stabilization Bond consisted of a $2,000.00 cash bond, which was received and deposited with the Finance Department on November 22, 2017; and

WHEREAS, the Applicant was required to post this Stabilization Bond for the driveway stabilization at 15 Waterfall Drive, Randolph, NJ 07869; and

WHEREAS, the Engineering Department has inspected the property 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 Stabilization Bond in the amount of $2,000.00 be refunded to Domenic DiSiena at 15 Waterfall Drive, Randolph NJ 078689.

24. Release Road Opening Cash Bond for the Purpose of Connecting to the Township Sewer Service at 80 Radtke Road, Block 148, Lot 72 to Radtke Holdings, LLC—$500.00

R-182-18

WHEREAS, the Engineering Department has received a request from Radtke Holdings, LLC for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the Township sewer service at 80 Radtke Road, Randolph, NJ 07869 (BL 148/L 72); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 18, 2018; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection to the Township sewer service at 80 Radtke Road, Randolph NJ 07869, 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 Radtke Holdings, LLC at 86 Radtke Road, Randolph NJ 07869.

25. Finding a Vendor in Default and Authorizing the Rescission, Rejection and Re-Award of Various Items in MCCPC Contract #25—Janitorial Supplies

R-183-18

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 19, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, the Township Council awarded Contract #25 (Janitorial Supplies) to various vendors on June 12, 2018, for the term July 1, 2018 - June 30, 2019; and

WHEREAS, Unipak in Brooklyn, New York, was awarded Items #32 and #34 in Category B, however they have declined to enter into a contract with the MCCPC and therefore Unipak must be found in default; and

WHEREAS, Central Poly Bag Corporation in Linden, New Jersey, is the second lowest responsive and responsible bidder for Items #32 and #34 in Category B and they have agreed to hold the prices bid for the term of the contract; and

WHEREAS, subsequent to the award it was discovered that the product awarded to W.B. Mason as the apparent lowest responsive and responsible bidder for Item #7 in Category C was bid in error and did not meet the specifications; and

WHEREAS, Central Poly Bag Corporation is the next low bidder for Item #7 in Category C however the specifications for the item they bid could not be verified with the information provided with their bid package and their bid for that item must be rejected; and

WHEREAS, Allen Paper & Supply Company is the third lowest responsive and responsible bidder for Item #7 in Category C and they have agreed to hold the price bid for the term of the contract.

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 finds Unipak in default for failure to enter into a contract with the MCCPC as noted above.

BE IT FURTHER RESOLVED that the Township Council authorizes the re-award of Items #32 and #34 in Category B to Central Poly Bag Corporation as noted above and on the attached Notification of Award for the term July 1, 2018 - June 30, 2019.

BE IT FURTHER RESOLVED that the Township Council authorizes the rescission, and hereby rescinds, Item #7 in Category C of Contract #25 (Janitorial Supplies) from W.B. Mason for the reason noted above.

BE IT FURTHER RESOLVED that the Township Council authorizes the rejection, and hereby rejects, the bid for Item #7 in Category C by Central Poly Bag Corporation for the reason noted above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the re-award of Item #7 in Category C of Contract #25 (Janitorial Supplies) to Allen Paper & Supply Company as noted above and on the attached Notification of Award for the term July 1, 2018 - June 30, 2019.

26. Authorizing Award and Rejection of MCCPC Contract #10, Rebid—Categories A through I Only—Lumber, Insulation, Hardware, Paint and Paint Supplies with Various Bidders

R-184-18

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

WHEREAS, bids had been advertised and received on June 13, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received; and

WHEREAS, Contract #10 is awarded to the lowest responsive and responsible bidder by category; and

WHEREAS, the bid proposal submitted by Continental Hardware in Newark, New Jersey, was not signed which is a non-curable, non-waivable defect and the bid must be rejected as non-responsive; and

WHEREAS, the bid specifications require vendors to list the brand name and/or manufacturer for certain items being bid in Categories, C, D, F, G, H and I; and

WHEREAS, bid proposals submitted by vendors who do not specify brand names or manufacturers as required will be rejected as non-responsive for that particular category; and

WHEREAS, Park Union Lumber did not provide the required brand names or manufacturers for items in Categories C, D and F; and

WHEREAS, Feldman Lumber did not provide the required brand names or manufacturers for items in Categories C, D, F and H and also did not comply with the bid specifications for Category G; and

WHEREAS, Liberty Building Products bid multiple brands and/or manufacturers for items in Categories D and F; and

WHEREAS, due to the above defects there is no award for Categories D, E, F, G and H; and

WHEREAS, Feldman Lumber Company in Brooklyn, New York, is the lowest responsive and responsible bidder for Categories A and B for the items and prices shown on the attached Notification of Award for a one-year term; and

WHEREAS, Liberty Building Products in Newark, New Jersey, was the lowest responsive and responsible bidder for Categories C and I for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of, and hereby rejects, the bid submitted by Continental Hardware for the reason stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the rejection of, and hereby rejects, the bid submitted by Park Union Lumber for Categories C, D and F, the bid submitted by Feldman Lumber for Categories C, D, F and H, and the bid submitted by Liberty Building Products for Categories D and F for the reasons stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #10 Rebid—Categories A—I Only (Lumber, Insulation, Hardware, Paint & Paint Supplies) to Feldman Lumber and Liberty Building Products as noted above and on the Notification of Award for the term July 1, 2018 - June 30, 2019.

27. Authorizing Finding Continental Hardware in Default for MCCPC Contract #10 for Lumber, Insulation, Hardware, Paint and Paint Supplies

R-185-18

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) for the term July 1, 2017 - June 30, 2018; and

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

WHEREAS, the Randolph Township Council awarded Categories C, D, E, G, H, I and K to Continental Hardware in Newark, New Jersey, on May 4, 2017; and

WHEREAS, the bid specifications are clear that pricing must remain firm for the term of the contract; and

WHEREAS, in June 2018, an order was placed with Continental Hardware that included a request for galvanized nails in Category H and paint rollers in Category K; and

WHEREAS, Continental Hardware attempted to increase the prices for the nails and paint rollers and, when it was made clear by the MCCPC that the pricing could not be adjusted, Continental Hardware indicated that the items were no longer available and replacement items could not be obtained; and

WHEREAS, Item Z (Default) in the General Conditions and Instructions to Bidders allows the MCCPC to declare a bidder in default in the event the bidder is unable or unwilling to perform the contract as awarded and that the bidder may be prohibited from an award of a contract for up to five years; and

WHEREAS, the MCCPC contacted Continental Hardware in an effort to make sure the vendor understood the ramifications of not performing the contract as awarded; and

WHEREAS, in an email dated June 19, 2018, Continental Hardware indicated that they would not be supplying the items and that they understood that the MCCPC would be recommending they be found in default of the contract.

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 finds Continental Hardware in default of Contract #10 (Lumber, Insulation, Hardware, Paint & Paint Supplies) in effect from July 1, 2017 - June 30, 2018.

28. Raffle License, Lucky Duck Tricky Tray, Morris Habitat for Humanity, 274 South Salem St., Randolph, NJ on July 14th from 10:00 a.m. - 6:00 p.m.

29. Raffle License, Off-Premise Merchandise, Randolph Athletic Council (RAMRAC)—Boys Ice Hockey, on November 3, 2018 from 7:00 p.m. - 11:00 p.m. at the St. Andrew’s Greek Orthodox Church, 1447 Sussex Tpke., Randolph, NJ

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

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

NAYS: None

ABSENT: Deputy Mayor Loveys

F. UPCOMING EVENTS

1. Freedom Festival Parade, Saturday, June 30th
2. Freedom Festival at the County College of Morris, 215 Center Grove Road, Randolph. Freedom Festival on June 28th and June 29th from 6:00 p.m. - 11:00 p.m. and on June 30th from 2:00 p.m. - 11:00 p.m.; fireworks at 9:45 p.m. Festival and fireworks rain date: July 1st.
3. Library Music Event: Shuffle, Jump and Moan on Monday July 9th at 7:00 p.m. No registration needed.
4. Library Music Event: Nick Simone Band on Monday, July 16th at 7:00 p.m. No registration needed.
5. Media Preview Day & Ribbon Cutting Ceremony at Weis Markets, 146 Center Grove Road, on Wednesday, July 18th at 1:00 p.m. - RSVP to Jessica
6. Library Music Event: The Break Lights on Monday, July 23rd at 7:00 p.m. No registration needed.
7. Council Only—Reception to meet new Executive Director, Dr. Cleveland Johnson of the Morris Museum on Thursday, July 26th from 6:00 p.m.—7:30 p.m.; RSVP—jflorez@morrismuseum.org

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 14-18: An Ordinance Amending Article VII, Tobacco Products of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to Prohibit Persons Under the Age of 21 Years from Using or Possessing Tobacco Products in any Public Place within the Township of Randolph

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING ARTICLE VII, TOBACCO PRODUCTS OF CHAPTER 24, HEALTH AND SANITATION, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO PROHIBIT PERSONS UNDER THE AGE OF 21 YEARS FROM USING OR POSSESSING TOBACCO PRODUCTS IN ANY PUBLIC PLACE WITHIN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance amends the age for prohibiting the possession and use of tobacco products to increase the age from 19 to 21 to reflect the state law.

OPEN TO THE PUBLIC

Jim McConnell of 45 Carrell Road asked what would happen if a person under 21 had a note from the parent saying it was okay for him to smoke or purchase tobacco products. Manager Mountain explained that the ordinance was conforming to the state law. There was a brief discussion about the ordinance and the state law versus parental permission.

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING ARTICLE VII, TOBACCO PRODUCTS OF CHAPTER 24, HEALTH AND SANITATION, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO PROHIBIT PERSONS UNDER THE AGE OF 21 YEARS FROM USING OR POSSESSING TOBACCO PRODUCTS IN ANY PUBLIC PLACE WITHIN THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Deputy Mayor Loveys

2. Ordinance No. 15-18: An Ordinance of the Township of Randolph Amending Capital Ordinance No. 08-17

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AMENDING CAPITAL ORDINANCE NO. 08-17” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance amends Ordinance No. 08-17 that established funding for self contained breathing apparatus; it will allow a broader use of those funds to include thermal imaging equipment.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AMENDING CAPITAL ORDINANCE NO. 08-17” 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.

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

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

NAYS: None

ABSENT: Deputy Mayor Loveys

H. OPEN TO THE PUBLIC

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

I. COUNCIL COMMENTS

Councilman Guadagno asked why John Court was opened after it had just been paved. Manager Mountain explained that there was a water main that needed repair; it was not a scheduled repair.

Councilman Guadagno asked what the construction was on Millbrook Avenue since had gotten many calls inquiring about it. Manager Mountain explained that the contractor was installing an electrical wire for communications related to the gas line. Councilman Guadagno asked if they would be working in other locations in Randolph as well. The Manager replied that he was not yet informed of any other related work in the township.

Councilman Guadagno stated that residents have told him that the storm drains were not being cleaned properly, the debris was only being swept aside and it would return during the next rain. Manager Mountain will follow up with DPW Director, Tom Sweeney.

Councilman Guadagno reported that the Gateway apartments as well as the connection to the trail system were approved by the Planning Board. There will need to be coordination with the Morris County Park Commission since the trail will connect to the county park.

Councilman Tkacs attended the Flag Day ceremony at the VFW.

Councilwoman Veech attended the joint meeting of the parks and recreation committees at Freedom Park. They toured the turf fields, the driveway near the entrance, as well as the basketball courts, and discussed the construction. She distributed pictures to the Council members of the various projects. After the tour, it was noted that there were over 500 people at the Arts in the Parks; they also sponsored the fishing derby.

Councilwoman Veech explained that Deputy Mayor Loveys previously showed the Council the stigma-free signs and reported that the MAC would like to install them at the entrances to the township and all the parks. The Council was agreeable to posting it at the entrances to the township, and asked Councilwoman Veech to present the topic to the Parks Committee. She reported that committee was hesitant to post the signs in the parks since there is not a policy regulating signs in the parks; they were concerned that it might create a problem with too many signs being posted. Both the parks and recreation committees agreed that there needs to be a policy established regarding signs in the parks; they will work on drafting a policy. Councilwoman Veech felt the Council should vote on the signs being posted at the entrances to the township and Councilwoman Carey could report back to the MAC.

Councilwoman Veech also reported that a Girl Scout presented information to the Parks Committee about research she is going to conduct for her 8th grade project; her project is to eliminate from the parks the second-most littered item, gum. She asked about placing signs in the parks near the hard surfaces; she would take before and after pictures to determine if the signs made a difference. The committee agreed to place signs for the duration of her research project, which is expected to last a few months. Once completed, she will present her findings to the Parks Committee. There was a brief discussion on the specifics of the project.

Councilwoman Veech reported that the next Parks Committee meeting conflicts with the next Council meeting on Tuesday, July 10th. She asked that committees try to change their meetings when the Council has a meeting on a Tuesday night since the Council liaisons cannot make the committee meetings. Manager Mountain replied that they have made that request. She also asked that Councilwoman Carey take a vote at the next MAC meeting about having the stigma-free signs at the entrances to the township. Councilwoman Veech also suggested that the stigma-free message be put on the electronic signs so residents become familiar with it; there were questions at the Parks Committee meeting as to what it meant.

Councilwoman Carey noted that she missed the last meeting, and asked if there had been a discussion and if the Council needed a vote. Mayor Forstenhausler explained that he had attended the MAC meeting in the Councilwoman’s absence and he did discuss it there; however, it would probably be good to get a formal vote. The Mayor did tell the MAC that the general opinion of the Council was that it was okay to put them at the entrances to the township. He spoke to the Manager to find out about having the signs made in-house by the DPW; one sign is being made as a sample to get feedback from the MAC.

Mayor Forstenhausler asked for a motion to approve putting the stigma-free signs at the entrances to the township. Councilwoman Carey made a motion to approve; however, Councilman Guadagno stated that he didn’t think a formal vote should be taken since it was not on the agenda, nor was the public informed. He felt that procedurally, it should at least be on the agenda. It was decided to have Manager Mountain include it as a discussion item on July 10th Council meeting.

Councilwoman Carey reported that she recently learned of the passing of Connie Stroh, a member of the Environmental and Landmarks Committee, on May 25th. A memorial service will be held on July 21st at 11 am at the Mt. Tabor United Methodist Church. She had been recognized as the Randolph Township’s 2017 Volunteer of the Year.

Mayor Forstenhausler commended the Health Department on their vaccines and screenings; the next adult vaccine clinic is July 12th.

Mayor Forstenhausler reported there was a good showing for the Randolph Rocks 5K on June 16th.

The Mayor also reported that he attended the Randolph Rock Stars event on June 14th; Anne Standridge was recognized as the Randolph Township Community Volunteer of the Year.

J. EXECUTIVE SESSION

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

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

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

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

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

Update on Affordable Housing Litigation

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

4. At the conclusion of the Executive Session, the Council will not reconvene in public session for the purpose of taking formal action.

Councilwoman Veech made a motion to move into Executive Session at 7:55 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Loveys

Councilwoman Carey made a motion to close the Executive Session at 8:35 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Loveys

K. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 8:35 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Loveys