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

Minutes: March 10, 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 Ed Buzak from the Law Office of Edward Buzak.

3. Pledge of Allegiance

Mayor Hirniak led the Pledge of Allegiance.

B. APPOINTMENTS

1. Planning Board Appointments

Manager Mountain explained that John Herold is selling his home in Randolph, and he is interested in relocating in Randolph. However, there will be a transition period when he will not be in the township. Under Municipal Land Use law, his class of member is required to be a resident of the community. There is another class of member of which Norma Jacobs is currently serving which does not have that requirement. Darren Carney spoke to both members and they are agreeable that, in the interest of continuity, the appointments be reversed for the appointments of John Herold and Norma Jacobs. John is currently the class 4 member, and Norma is currently the class 2 member; the request is to reverse those two appointments. Both appointments have the same voting responsibilities, but this would allow them to stay on the board and be consistent with Municipal Land Use law.

Councilman Forstenhausler made a motion to approve the change in appointments for John Herold and Norma Jacobs. Deputy Mayor Carey 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

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

Revaluation Update—the Tax Assessor submitted the revaluation report to the State. In the report, he indicated that the appraisal firm is approximately 40% of the way through the residential field work. The firm is projecting that they will have the initial residential field work completed by June; they are preparing to initiate the commercial field work later in March. They are projecting a June completion date for the initial commercial field work. The plan is for the firm to use the summer months to follow up on the properties in which they were unable to connect with the property owner on the initial visit. The completion of the sales analysis and valuation are expected to be completed by October. The establishment of the preliminary values are also projected to be completed by the end of October. The value notification letters will be mailed on or about November 10, 2016. The informal reviews with tax payers will be conducted between November 2016 and January 2017; the anticipated completion date is on schedule for January 2017 for the revalues to go on the books. The firm has increased the number of field inspectors in order to reach the anticipated milestones.

Councilwoman Veech asked if the Council would have an opportunity to review the appraisal firm’s categorization of the neighborhoods. Manager Mountain replied that he did not think there would be a problem with the request, but it is ultimately the job of the Tax Assessor to work with the firm to ensure neighborhood conformity.

TAP into Randolph Community Calendar—this spring the township will be partnering with TAPinto Randolph to launch a Community Calendar. He has heard from residents as well as Council members that it would be nice to have a singular point of contact for community information. TAPinto had initiated the calendar in other communities, and he has been told the partnership has worked very well. The township has control over the design, and TAPinto hosts and supports the calendar; there is no cost for the service. The township is responsible for ensuring the events get posted on the calendar. The Manager is also contacting other organizations such as the schools and community groups to encourage them to establish a point person to provide information for the community calendar. The township website will have a link to the TAPinto Community Calendar, or one can access it directly through TAPinto. It is anticipated that residents will take advantage of the calendar. The Manager will be designating people he feels are responsible to get information out to the community. He felt there was no downside to the partnership and trying the calendar.

E. APPROVAL OF MEETING MINUTES

1. Approving Regular Council Meeting Minutes for January 28, 2016 and February 11, 2016

Councilman Loveys made a motion to approve the Regular Council Meeting minutes for January 28, 2016. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

ABSTAIN: Councilwoman Veech

NAYS: None

Councilman Forstenhausler made a motion to approve the Regular Council Meeting minutes for February 11, 2016. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

ABSTAIN:
Councilman Guadagno
Councilwoman Veech

NAYS: None

2. Approving Executive Council Meeting Minutes for January 28, 2016

Councilman Guadagno made a motion to approve the Executive Council Meeting minutes for January 28, 2016. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

ABSTAIN: Councilwoman Veech

NAYS: None

F. PUBLIC HEARING—SOIL MOVEMENT HEARING—DICKERSON DENTAL GROUP, LLC

1. Conduct Hearing

Mayor Hirniak explained that the township has received an application for a soil movement permit from Dickerson Dental Group, LLC for the medical building development project located at the intersection of Route 10 West and Dover Chester Road. Scott Dickerson, owner of record for the tract, has received preliminary and final site plan approval for the construction of a 12,516 square foot medical office building and associated site improvements. By way of Ordinance 15-47.4C of the Revised Ordinances of the Township of Randolph, the Council has jurisdiction over the matter since the applicant seeks to remove more than 2,001 cubic yards of soil from his site. The applicant seeks to remove approximately 4,222 cubic yards of soil. The purpose of this hearing is for the Council to review and act on the application.

The Mayor asked Township Clerk, Donna Luciani, to confirm receipt of the applicant’s proof of notice of the property owners within 200 feet, as well as proof of publication of this public hearing; Donna confirmed both.

Mayor Hirniak asked Manager Mountain to provide background information on the permit application, and the conditions listed in the proposed soil movement permit resolution.

Manager Mountain reiterated that the intent of the hearing is to ensure public health, safety, and general welfare of the community is protected in the process of any soil movement in the township. The process should emphasize the following factors: consideration of soil erosion by water or wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and uses, and any other factors that may be relevant to the harmonious development of the property. The Resolution has been crafted to follow the recommendations of staff that has looked at the application, both the Engineering Department and the Planning and Zoning Administrator. They have filed the supporting documents to assist in the creation of the Resolution. The Manager highlighted the key components:

The permit is limited to the period immediately after the commencement of work; a six month period.
Soil movement activities are scheduled to take place between 9 a.m. and 5 p.m., Monday through Friday, excluding public holidays. This is designed to ensure that the traffic created by the soil trucking is not impacting the community at a time frame when school children are being bused or the peak of rush hour. Trucks may load after 8:30 a.m., but they cannot leave the site until after 9 a.m.
The applicant is required to exit on Dover Chester Road, and utilize County or State roadways to exit the township.
The applicant is not allowed to load or unload any heavy excavation equipment on the street.
They are required to move the soil beyond the limits of the township.
Traffic control recommendations are under the jurisdiction of the Chief of Police.
The township requires a bond be posted with at least $2,000 in cash.
The applicant is required to comply with all the prior requirements and conditions of the Planning Board approval.

Mayor Hirniak asked Dr. Dickerson his qualifications to speak as an expert. Dr. Dickerson explained that he developed 5 Middlebury Boulevard, and successfully transported approximately 45,000 cubic yards of soil off of that site; they are currently erecting steel at 8 Middlebury Boulevard; and he successfully transported over 8,000 cubic yards of soil from that site. The Mayor confirmed that Dr. Dickerson is a dentist, and asked if he had any training or experience in development of land. Dr. Dickerson replied that since 1981 he has had experience in land development, and that he also owns the Habitat for Humanity building next to McDonalds. Mayor Hirniak recommended that the Council not proffer Dr. Dickerson as an expert on any testimony with regard to land development and to soil movement.

Dr. Dickerson explained the following with regard to the project:

He is presently constructing a 12,500 square foot medical building.
He currently has a dental practice in Dover, but will be moving to the second floor of the Randolph building.
He is presently talking with a prominent medical group who is interested in moving into the first floor.
There will be room for approximately 77-80 cars to be parked in the front.
The entrance will be off of Route 10, and the exit will be onto Dover Chester Road.

Councilman Napoliello asked where the soil will be transported. Dr. Dickerson replied that it will be transported to Montville; they will take the Dover Chester Road jug handle onto Route 10 East. Dr. Dickerson stated that he also knows someone who is developing at the corner of Middlebury Boulevard and Canfield Avenue. He explained the person is interested in the soil, but Dr. Dickerson was unsure if that would need to again go before the Council. Manager Mountain explained that one of the requirements of the permit is for the soil to be moved beyond the township limits. The Manager suggested Dr. Dickerson speak to the Township Engineer regarding the potential for the soil to be moved to the corner of Middlebury Boulevard and Canfield Avenue, and if the Township Engineer feels there is a basis to recommend it, then Dr. Dickerson would need to return to the Council.

Councilwoman Veech asked Manager Mountain what the township’s position is as far as the soil movement requirements, and if there were any issues related to the project. Manager Mountain explained that there are no issues; this is the standard practice for soil movement.

Councilman Loveys asked if there was a Performance Bond associated with the project; Manager Mountain replied that there is. Dr. Dickerson replied that they have satisfied every bond requirement from the township through Paul Ferriero and the Planning Board.

Councilman Guadagno asked Manager Mountain to clarify his statement about the township wanting the soil to be moved outside of the township limits. The Manager explained that typically the township wants the soil to leave because then there is not a requirement on soil coming into town that needs to be tested. Councilman Guadagno commented that he felt this is the best development of the site.

Attorney Buzak asked Dr. Dickerson if the soil on the site had been tested. Dr. Dickerson replied that is a good structural fill, but it has not been tested since it’s virgin soil. There are aerial records of the site since 1928; there has been no development on the site.

Councilman Napoliello made a motion to open the hearing to the public. 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

OPEN TO THE PUBLIC

There were no comments from the public.

Councilman Forstenhausler made a motion to close the public portion of the hearing. 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

2. Approving the Soil Movement Permit for Dickerson Dental Group, LLC—Block 76, Lots 7 & 8—Corner of 714 and 720 Route 10, Randolph

Councilman Guadagno made a motion to approve Resolution R-99-16. Deputy Mayor Carey 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

R-99-16

WHEREAS, Dickerson Dental Group, LLC, the “Applicant,” has submitted to the Township of Randolph, the “Township,” an application for a soil movement permit involving the movement of soil on Lots 7 and 8, Block 76, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on the corner of 714 and 720 Route 10, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately four thousand two hundred and twenty two (4,222) cubic yards of soil will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for the for Preliminary and Final Site Plan and “C” Variances approval;

Whereas, by resolution adopted by the Randolph Township Planning Board on July 6, 2015, the Planning Board of the Township of Randolph approved said application for both for Preliminary and Final Site Plan and “C” Variances approval, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on March 10, 2016 by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on March 10, 2016 provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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

The Township Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.
The Township Council hereby approves and grants soil movement permit application of the Dickerson Dental Group, LLC consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:
1. The removal of soil on the Property shall be limited to a 6 month time period.
2. Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding public holidays. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off site until 9:00 a.m.
3. Top soil shall be retained on the site and no top soil is to be removed from the site.
4. The Applicant shall insure that the vehicles used to remove soil shall take State and County roadways to exit the Township. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.
5. The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.
6. The Applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.
7. The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.
8. When the soil removal and soil filling application is based upon a site plan application, a bond in the amount of 10 percent of proposed cost of site development, at least $2,000 in cash and balance by surety bond, shall be posted to guarantee that the applicant will commence construction within 2 years and complete same within 3 years, unless said term is extended by the issuing authority.
9. The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of July 6, 2015, as well as all ordinances including, but not limited to, Section 15-47, et seq.
10. The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on July 6, 2015.
11. Soil movement operations that occur outside of the approved work hours will result in a stop work order that may only be lifted by the Mayor and Council.
12. The applicant shall comply with any and all direction from the Township Engineer or his representative relative to soil erosion and sediment control.
All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.
This Resolution shall take effect immediately.

G. COMBINED ACTION RESOLUTIONS

Item #18, Yannuzzi Group Change Order—Councilwoman Veech asked why the amount of the contract decreased. Manager Mountain explained that the inspector and the Director of Water & Sewer did an excellent job of managing this contract, and there were police services built into the contract that were handled outside of the contract, but still fell within the budget. Therefore, the savings are not as big as they seem, but the project was still within budget. Councilwoman Veech asked when this project would be starting again. Manager Mountain explained that the County will be starting soon. The township project is ready to go out to bid in April; the project will continue after the budget is adopted, and once the bid is awarded. The Manager explained the remaining work to be done on Sussex Turnpike by the County. There was discussion about having the County install temporary striping on Sussex Turnpike at the intersection of Calais, as well as on West Hanover Avenue. Manager Mountain will follow up with the County.

Councilman Guadagno made a motion to accept the Combined Action Resolutions. Councilman Loveys 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 Escrow Funds for Block 184, Lots 8 & 9, 169 South Salem Street to Aashirwad Palace, Inc.—$461.00

R-73-16

WHEREAS, the Engineering Department received a request to release escrow funds (#295040000) from Aashirwad Palace, Inc., 169 South Salem St., Randolph, NJ 07869, Block 184, Lot 8 & 9 in the amount of $461.00; 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 Raffaele Carchia, Engineering Administrator that the Engineering escrow in the amount of $461.00 be refunded to Aashirwad Palace, Inc., 169 South Salem St., Randolph, NJ 07869, Block 184, Lot 8 & 9.

2. Refund Overpayment of Taxes for Years 2011 & 2012 for Block 111, Lot 22, 390 Route 10 to Constance Kneule-Madden—$20,289.00

R-74-16

WHEREAS, Constance Kneule-Madden has been granted a reduction in assessed valuation for the tax years 2011 & 2012 by the Tax Court of New Jersey on Block 111, Lot 22, known as 390 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $10,038.00 and 2012 in the amount of $10,251.00; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $20,289.00 to Constance Kneule-Madden.

3. Refund Overpayment of Taxes for Tax Years 2014 & 2015 for Block 18, Lot 1.06, 1 Aspen Drive to Aspen One, LLC—$7,577.86

R-75-16

WHEREAS, Aspen One, LLC has been granted a reduction in assessed valuation for the tax years 2014 & 2015 by the Tax Court of New Jersey on Block 18, Lot 1.06, known as 1 Aspen Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year, 2014 in the amount of $3,759.36 & 2015 in the amount of $3,818.50; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $7,577.86 to Aspen One, LLC.

4. Refund Overpayment of Taxes for Tax Years 2013, 2014 & 2015 for Block 19, Lot 2, 1005 Route 10 to Barjim Realty One, LLC—$21,330.00

R-76-16

WHEREAS, Barjim Realty One, LLC has been granted a reduction in assessed valuation for the tax years 2013,2014, & 2015 by the Tax Court of New Jersey on Block 19 Lot 2, known as 1005 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $6,978.00, 2014 in the amount of $7,120.00 & 2015 in the amount of $7,232.00; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $21,330.00 to Barjim Realty One, LLC.

5. Refund Overpayment for Tax Years 2011 & 2012 for Block 18, Lot 16, 1052 Route 10 to Arnold and Bernice Brauer—$21,357.56

R-77-16

WHEREAS, Arnold/Bernice Brauer has been granted a reduction in assessed valuation for the tax years 2011 & 2012 by the Tax Court of New Jersey on Block 18, Lot 16, known as 1052 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $10,566.67 & 2012 in the amount of $10,790.89; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $21,357.56 to Arnold/Bernice Brauer.

6. Refund Overpayment of Taxes for 2015 for Block 199.02, Lot 3, 20 Small Brook Circle to Dominick and Josephine Caserta—$2,361.25

R-78-16

WHEREAS, Dominick/Josephine Caserta has been granted a reduction in assessed valuation for the tax year 2015, by the Tax Court of New Jersey on Block 199.02, Lot 3, known as 20 Small Brook Circle; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2015 in the amount of $2,361.25; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,361.25 to Dominick/Josephine Caserta.

7. Refund Overpayment of Taxes for Years 2011, 2012, 2013 & 2014 for Block 101, Lot 3.01, 1206 Sussex Tpke. to Heritage Plaza South, LLC—$69,060.00

R-79-16

WHEREAS, Heritage Plaza South, LLC has been granted a reduction in assessed valuation for the tax years 2011, 2012, 2013 & 2014, by the Tax Court of New Jersey on Block 101, Lot 3.01, known as 1206 Sussex Tpke.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $16,730.00, 2012 in the amount of $17,085.00, 2013 in the amount of $17,445.00 and 2014 in the amount of $17,800.00; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $69,060.00 to Heritage Plaza South, LLC.

8. Refund Overpayment of Taxes for Tax Years 2012, 2013, 2014 & 2015 for Block 27, Lot 108.07, 11 Golden Corner Way to Christopher and Jennifer Novick—$5,858.11

R-80-16

WHEREAS, Christopher/Jennifer Novick has been granted a reduction in assessed valuation for the tax years 2012, 2013, 2014 & 2015 by the Tax Court of New Jersey on Block 27, Lot 108.07 known as 11 Golden Corner Way; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $1,421.47, 2013 in the amount of $1,451.42, 2014 in the amount of $1,480.96, and 2015 in the amount of $1,504.26; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $5,858.11 to Christopher/Jennifer Novick.

9. Refund Overpayment of Taxes for Tax Years 2012, 2013, 2014 & 2015 for Block 81.03, Lot 33, 17 Castle Court to Vincent and Madelyn Nuzzi—$4,830.13

R-81-16

WHEREAS, Vincent/Madelyn Nuzzi has been granted a reduction in assessed valuation for the tax years 2012, 2013, 2014 & 2015 by the Tax Court of New Jersey on Block 81.03, Lot 33, known as 17 Castle Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $1,172.03, 2013 in the amount of $1,196.73, 2014 in the amount of $1,221.08 and 2015 in the amount of $1,240.29: and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $4,830.13 to Vincent/Madelyn Nuzzi.

10. Refund Overpayment of Taxes for Tax Years 2012 & 2013 for Block 81.04, Lot 29, 49 Wilkeshire Blvd. to Dipak and Varsha Patel—$4,316.26

R-82-16

WHEREAS, Dipak/Varsch Patel has been granted a reduction in assessed valuation for the tax years 2012 & 2013 by the Tax Court of New Jersey on Block 81.04, Lot 29, known as 49 Wilkeshire Blvd.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $2,135.63, and 2013 in the amount of $2,180.63; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $4,316.26 to Dipak/Varsha Patel.

11. Refund Overpayment of Taxes for 2015 for Block 101, Lot 3.01, 1206 Sussex Tpke., to Profito Real Estate Ventures, LLC—$18,080.00

R-83-16

WHEREAS, Profito Real Estate Ventures, LLC has been granted a reduction in assessed valuation for the tax year 2015 by the Tax Court of New Jersey on Block 101, Lot 3.01, known as 1206 Sussex Tpke.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2015 in the amount of $18,080.00; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $18,080.00 to Profito Real Estate Ventures, LLC.

12. Refund Overpayment of Taxes for Tax Years 2013, 2014 & 2015 for Block 188, Lot 2, 166 South Salem Street—to Randolph Industrial Park Complex—$10,665.00

R-84-16

WHEREAS, Randolph Industrial Park Complex has been granted a reduction in assessed valuation for the tax years 2013, 2014 & 2105 by the Tax Court of New Jersey on Block 188, Lot 2, known as 166 S. Salem Street ; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $3,489.00, 2014 in the amount of $3,560.00, and 2015 in the amount of $3,616.00; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $10,665.00 to Randolph Industrial Park Complex.

13. Refund Escrow Funds for Block 184, Lots 8 & 9, 169 South Salem Street to Aashirwad Palace, Inc.—$1,817.79

R-85-16

WHEREAS, the Planning and Zoning Department received escrow funds from Aashirwad Palace Inc., 169 South Salem Street, Randolph, NJ 07869, Block 184, Lot 8 & 9, and in the amount of $12,332.00; and

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $1,817.79 plus interest be refunded to Aashirwad Palace Inc., 169 South Salem Street, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator

14. Refund Escrow Funds for Block 118, Lot 1, 4 Crestwood Drive to Eric Fucito—$753.50

R-86-16

WHEREAS, the Planning and Zoning Department received escrow funds from Eric Fucito, 4 Crestwood Drive, Block 118, 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 $753.50 be refunded to Eric Fucito, 4 Crestwood Drive, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator

15. Refund Escrow Funds for Block 4, Lot 7.01, 1105 Route 10 East to VGJ Corp., t/a La Strada Ristorante—$379.77

R-87-16

WHEREAS, the Planning and Zoning Department received escrow funds from VGJ Corp, t/a La Strada Ristorante, 1105 Route 10 East, Randolph, NJ 07869, Block 4, Lot 7.01, and in the amount of $22,603.23; 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 $379.77 plus interest be refunded to VGJ Corp. t/a La Strada Ristorante, 1105 Route 10 East, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator

16. Release Escrow Funds for Block 121, Lot 32, 18 Arthur Lane to McKay Brothers—$961.25

R-88-16

WHEREAS, the Planning and Zoning Department received escrow funds from McKay Brothers for 18 Arthur Lane, Block 121 Lot 32, and in the amount of $5,115.50; 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 $961.25 be refunded to McKay Brothers, 2355 Broadway Suite 206, Oakland, CA 94612.

Darren Carney, Planning & Zoning Administrator

17. Authorizing Randolph to Provide Animal Control Services to the Town of Dover for 2016 at a Rate of $92.00 per Hour with a Minimum of 520 and Maximum of 624 Hours

R-89-16

WHEREAS, the Town of Dover wishes to obtain Animal Control Services from the Township of Randolph.

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2016.

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

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

18. Yannuzzi Group, Change Order No. 1—Reducing Final Contract Amount from $899,135.10 to $760,266.60

R-90-16

WHEREAS, the original contract with Yannuzzi Group Inc, for the Sussex Turnpike Water Main Replacement Project was $899,135.10,

WHEREAS, the Yannuzzi Group Inc, did not utilize the entire line item contract amount allotted for Traffic Directors/ Flaggers due to Randolph Township providing Police details and road closures; and

WHEREAS, additional line items for water service connections were not utilized and removed from the contract scope: and

WHEREAS, the total amount of reductions for this contract total $138,868.50; and

WHEREAS, the revised final contract amount for this project is $760,266.60.

WHEREAS, Engineering / Water & Sewer Administrator recommends that final contract amount be revised to reflect the work performed as part of this contract.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the final contract amount for Yannuzzi Group Inc., be deducted by $138,868.50 for a final contract total of $760,266.60.

19. Authorizing the Disposal/Destruction of Surplus Personal Property No Longer Needed for Public Use by the Randolph Fire Department

R-91-16

WHEREAS, the Township of Randolph Fire Department has determined that the property described on Schedule A (personal protective equipment) attached hereto and incorporated herein is no longer needed for public use; and

WHEREAS, the Fire Chief has determined that all the personal protective equipment listed on the attached schedule is condemned and must be destroyed for liability purposes.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in the County of Morris, State of New Jersey, that the Township is hereby authorized to dispose of/destroy all the surplus personal property as indicated on the attached schedule.

20. Authorizing Contracts with an Additional Certain Approved State Contract Vendor for Contracting Units Pursuant to NJSA 40A:11-12a

R-92-16

WHEREAS, the Township of Randolph on February 11, 2016 via R 55-16 authorized contracts with certain approved State Contract Vendors pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c); and

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

WHEREAS, the additional State Contract Vendor has been added to the attached list.

NOW, THEREFORE, BE IT RESOLVED, that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from the additional approved New Jersey State Contract Vendor on the attached list, pursuant to all conditions of the individual State contracts; and

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the Referenced State Contract Vendors shall be until December 31, 2016 or upon expiration of the vendor’s contract whichever is first.

21. Authorizing Release of Police Detail Escrow for MCSSDA—$115.50

R-93-16

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

MCSSADA $ 115.50

22. Authorizing Award of a Portion of Contract #22 (DPW Uniforms/Work Shoes/Boots)

R-94-16

PULLED—(Moved to March 31, 2016)

23. Authorizing Default and Rescission of Award for a Portion of MCCPC Contract #22 (DPW Uniforms/Work Shoes/Boots) from Saf-Gard Safety Shoe and Old Toledo Brands

R-95-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #22 (DPW Uniforms/Work Shoes/Boots); and

WHEREAS, bids had been advertised and received on October 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, the Township Council awarded Contract #22 to various vendors on November 19, 2015; and

WHEREAS, Contract #22 is awarded by “category” based upon the total aggregate price for all of the items contained within the category; and

WHEREAS, subsequent to the award of the contract a challenge was made by a vendor to the award of Category B, Work Shoes and Boots, stating that several items awarded to Saf-Gard Safety Shoe in Pittsburgh, Pennsylvania, did not comply with the bid specifications; and

WHEREAS, subsequent to the award of the contract a challenge was made by a vendor to the award of Category D, Reflective Safety Gear, stating that several items awarded to Old Toledo Brands in New York, New York, did not comply with the bid specifications; and

WHEREAS, the MCCPC contacted Saf-Gard Safety Shoe and Old Toledo Brands regarding the stated deficiencies and the MCCPC has received and reviewed each vendor’s response to the challenge; and

WHEREAS, it has been determined that Saf-Gard Safety Shoe is not in compliance with the bid specifications for several of the items awarded, including:

* Items #1, #2, and #3—Items bid are not available in the required narrow width
* Item #12—Item bid is not available with the required woven fleece lining
and

WHEREAS, it has been determined that Old Toledo Brands is not in compliance with the bid specifications for several of the items awarded, including:

* Item #6—Item bid is not available with the required removable liner
* Item #7—Item bid does not comply with the Class III requirement
and

WHEREAS, Saf-Gard Safety Shoe and Old Toledo Brands are in default of the contract and the award to each vendor must be rescinded.

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 Saf-Gard Safety Shoe and Old Toledo Brands in default and authorizes the rescission of Category B (Work Shoes and Boots) and Category D (Reflective Safety Gear) of Contract #22 (DPW Uniforms/Work Shoes/Boots) as stated above.

24. Refund Escrow for 146 Dover Chester Road to the Hebrew Academy—$16,116.21 Plus Interest

R-96-16

WHEREAS, the Engineering Department received a request to release escrow funds plus interest earned (#295023000) from Hebrew Academy of Morris County, 146 Dover Chester Rd., Randolph, NJ 07869, in the amount of $16,116.21 plus interest earned 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 Raffaele Carchia, Engineering Administrator that the Engineering escrow in the amount of $16,116.21 plus interest earned be refunded to Hebrew Academy of Morris County, 146 Dover Chester Rd. Randolph, NJ 07869.

25. Refund Escrow Funds for 8 Farview Ave, Block 85, Lot 15 to Nicholas Katsanos—$550.50

R-97-16

WHEREAS, the Planning and Zoning Department received escrow funds From Nicholas Katsanos, 8 Farview Avenue, Randolph, NJ 07869, Block 85, Lot 15, 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 $550.50 be refunded to Nicholas Katsanos, 8 Farview Avenue, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator

26. Authorizing the Rejection of Some Bids and Awarding a Contract Kennedy Culvert & Supply Co. for Supplying Waterworks Specialties

R-98-16

WHEREAS, the Township of Randolph advertised for the Supplying Waterworks Specialties project in accordance with Local Public Contracts Law and received bids on February 26, 2016; and

WHEREAS, 4 bids were received; and

WHEREAS, bids were received from the following:

T.P.S. Supply LLC, Morristown, NJ; and
HD Supply Waterworks LTD, Edison, NJ; and
Capitol Supply Construction Products Inc., Wayne, NJ; and
Kennedy Culvert & Supply Co., Mt. Laurel, NJ; and

WHEREAS, the bid from T.P.S. Supply LLC did not include a signed and notarized Stockholder Disclosure Certification, making it a fatal defect, rendering the bid proposal unresponsive; and

WHEREAS, the bid from HD Supply Waterworks LTD included a Stockholder Disclosure Certification that referenced a missing attachment containing the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the company, making it a fatal defect, rendering the bid proposal unresponsive; and

WHEREAS, the bid from Capitol Supply Construction Products Inc. did not include a completed and signed Acknowledgement of Revisions and Notices, making it a fatal defect, rendering the bid proposal unresponsive; and

WHEREAS, Kennedy Culvert & Supply Co. submitted a bid and was the lowest responsive, responsible bidder for the items on the attached spreadsheet; and

WHEREAS, Kennedy Culvert & Supply Co. took exception to items 61-65 requiring the Township to unload the items, which was contradictory to the bid specifications which required the bidder to unload the items therefore those items will not be awarded to them; and

WHEREAS, the Engineering Administrator/W&S and the Purchasing Agent recommend the award of a contract to Kennedy Culvert & Supply Co. as the lowest responsive, responsible bidder for the items as indicated on the attached spreadsheet; and

WHEREAS, all the items not awarded as well as items 61-65 will be rebid.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the bids from T.P.S. Supply LLC, Morristown, NJ, HD Supply Waterworks LTD, Edison, NJ, and Capitol Supply Construction Products Inc., Wayne, NJ be rejected as noted above.

BE IT FURTHER RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded as stated above to Kennedy Culvert & Supply Co. and per the attached spreadsheet for Supplying Waterworks Specialties for the Township of Randolph for the contract term April 1, 2016 to March 31, 2017.

27. Raffle License, Tricky Tray, Friends of Randolph Animal Pound, Inc. on May 22, 2016 from 11:00 am to 2:00 p.m. at Freedom Park, Millbrook Avenue, Randolph, NJ

H. UPCOMING EVENTS

Council Only—Congressman Frelinghuysen’s Annual Mayor’s Breakfast—March 11th at Empire Diner, Route 46 East, Parsippany, from 7:30 a.m. to 9:00 a.m.
Brightview at Randolph—Grand Opening “Reveal” Masquerade Ball—March 16th at 175 Quaker Church Road, Randolph, from 5:00 p.m. to 7:00 p.m.
Randolph Area Chamber of Commerce Networking Luncheon—Thursday, March 17th at LaStrada, 1105 Route 10 East, Randolph from 11:45 a.m. to 1:15 p.m. Guest speaker: Appraisal Systems—$22.00 per person ($30.00 for guest)
Relay for Life—April 13th at the Denville Municipal Building—6:00 p.m.—photo opportunity for the Mayors of the seven participating towns
PTO Fundraiser—April 15th at the Hanover Marriott
First Annual Honorary Ball—April 22nd at Skylands—scholarship awards ceremony and fundraiser

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #05-16: Land Conservancy Dedication—An Ordinance of the Township of Randolph Accepting the Dedication of Block 81, Lot 29.31 Located within the Township of Randolph for Municipal Public Purposes

Manager Mountain explained that he was advised of an issue with the property that may have an impact on its future use; he will brief the Council during the Executive Session on March 31st.

Mayor Hirniak made a motion to carry the Public Hearing for Ordinance #05-16 to April 7, 2016 at 7:00 p.m. with no further notice provided. 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

CARRIED TO APRIL 7, 2016 COUNCIL MEETING

J. ORDINANCES: INTRODUCTION

1. Ordinance #06-16: An Ordinance Eliminating the Separate Environmental Commission and Advisory Landmark Committee and Establishing One Advisory Environmental and Landmark Committee

Manager Mountain explained that this Ordinance was supposed to be for discussion, not for introduction. He further explained that the intent was to have Councilman Forstenhausler inform the Environmental Commission, at their next meeting, of the proposed changes. The Manager asked Councilman Guadagno to explain the concerns that he expressed after the last Council meeting.

Councilman Guadagno explained that the way the commissioners on the board were chosen seemed complicated, and the various terms for the members also seemed complicated. He also stated that he doesn’t see the need for alternate members. There was a short discussion on the member terms, and it was clarified for Councilman Guadagno that after the initial changes to the committee, the terms will all be three years. There was also a discussion on whether there is a need for alternate members.

Councilwoman Veech asked about the money in the 2016 budget for the Landmarks Committee, and if it would now go to the future committee. Manager Mountain explained that the money was left in the budget because they were unsure of the timing of the creation of the new committee.

CARRIED TO MAY 1, 2016 COUNCIL MEETING

2. Ordinance #07-16: An Ordinance Accepting a Trail and Maintenance Access Easement over a Portion of Block 47, Lot 34 on the Official Tax Map of the Township of Randolph from Calais Road Farms, LLC

Manager Mountain explained that this Ordinance was prepared by Attorney Keli Gallo to authorize the acceptance of the Trail and Maintenance Access Easement over a portion of the Calais Road Farms property, known as the Rosenfarb property. The township had made a proposal for the acquisition of this trail easement, it was accepted by the Rosenfarb representatives. This Ordinance memorializes the acceptance of the terms of the easement.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE ACCEPTING A TRAIL AND MAINTENANCE ACCESS EASEMENT OVER A PORTION OF BLOCK 47, LOT 34 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM CALAIS ROAD FARMS, LLC” 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 31st of March, 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 commented that in the past there was a decision was made that easements would be general, so that whatever the need was for the easement, it could be used. Manager Mountain stated that the decision pre-dated his appointment as Township Manager. Attorney Buzak explained that Councilman Guadagno was correct, but that this is specifically a trail and maintenance easement over the property that is the subject matter of a remediation action, and that the limitations imposed were partially induced as a result. Manager Mountain added that this easement was negotiated specifically for this purpose; however, he agreed with Councilman Guadagno that in the future the easements could be general.

Councilman Guadagno made a motion to introduce the Ordinance. Councilman Loveys 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

3. Ordinance #08-16: An Ordinance Granting Consent to Utilize Easement Area—B 146, L 72.29 Rahman Property and B 146, L 63—Hugerich/Stavros Property

Manager Mountain explained that, as part of the original subdivision approval of the Toll Brothers development, an access agreement was granted to cross a new Lot, 72.29, Block 146 for the benefit of Lot 63, 6 Skyline Drive. It allowed for the owner of 6 Skyline Drive to relocate their driveway. When the work was done to construct the driveway, the contractor encountered a large rock outcropping, and constructed the driveway around the rock outcropping, not realizing they moved beyond what was granted in the original easement. The two residents involved noted that this had happened, and they asked the township if it could be rectified. They worked with Paul Ferriero, and it was determined that there was no harm in having the easement reflect where the structure ended up. This Ordinance allows for the consent to use the easement to be changed to reflect the as-built location of the driveway; it affects both the neighboring property, as well as a conservation easement. It does not impact the greater amount of the conservation easement.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE GRANTING CONSENT TO UTILIZE EASEMENT AREA” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Napoliello made a motion to introduce the Ordinance. Deputy Mayor Carey 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

K. DISCUSSION ITEMS

1. Parks Master Plan

Manager Mountain reported that the consultant is completing the draft of the full plan. It will be distributed to the Steering Committee at the end of March for review at a meeting tentatively scheduled for March 29th. The Steering Committee will review the plan, ensure it is consistent with their expectations, and if so, approve it for release to the Council and to the public for review. The next step would then be a public presentation of the draft, along with a public hearing. The Manager asked the Council for their preference as to how the meeting is handled. His recommendation would be to hold a special meeting instead of including it in a Council meeting, to allow for the public and Council to discuss the draft and not feel rushed. April 28th would be a good date to schedule a special meeting; this would give ample time for the Council and the public to have reviewed the draft, and for the meeting to be published. It was decided to start the April 28th meeting at 7:30 p.m. Councilwoman Veech asked that the Parks Committee and the Recreation Committee be personally invited to the meeting on April 28th. As liaison to the Parks Committee, she will invite the members, and as liaison to the Recreation Committee, Councilman Napoliello will invite those members. Mayor Hirniak asked that Manager Mountain inform the chairpersons of each of those committees so they can include it on their agendas.

L. OPEN TO THE PUBLIC

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

M. COUNCIL COMMENTS

Councilman Guadagno reported that the Board of Elections in Morristown wants to hold an election training class in Randolph; he asked for guidance on what to report back to them. Donna Luciani said he could let them know it was fine, as long as it’s not held on a Wednesday night.

Councilman Guadagno also reported that he is receiving comments from seniors that they are not aware of the property tax reimbursement program. He spoke with the Tax Collector, Lisa Combes, and CFO, Darren Maloney; Darren stated that it has not been advertised, that it is just word of mouth. Manager Mountain stated that he has advertised it, but that it can be included in other mediums.

Councilwoman Veech reported that the Parks Committee is looking forward to seeing the Parks Master Plan.

Councilwoman Veech also reported that she, Deputy Mayor Carey, and Mayor Hirniak attended the Wellness Day, and that it was well attended.

Councilwoman Veech reported that Scott DiGiralomo, the Director of Public Law and Safety for Morris County, spoke at the Randolph Republican Club meeting. She asked Mr. DiGiralomo if the former armory on Hanover Avenue is in Randolph, and he stated that it is in Randolph. Councilwoman Veech explained that since she wasn’t aware of what was in that building, Mr. DiGiralomo said that he would be willing to take the Council members on a tour of the Law and Public Safety building on Hanover Avenue, as well as the armory. She asked if other Council members were interested in setting up a tour. The Councilwoman asked Manager Mountain to contact Scott DiGiralomo to set up a tour.

Mayor Hirniak stated that the Morris County League of Municipalities asked that flags be lowered to half mast at all municipal buildings in Morris County in honor of Mt. Arlington Mayor Ondish. Councilman Napoliello reported that Morris Township questioned the direction, they do not want to participate in lowering the flag; they didn’t want to do it based on flag etiquette.

Councilman Napoliello asked for the status of the Wine Cellar and the dry cleaners on Sussex Turnpike regarding their contact with the Manager about the negative impact the projects have had on their businesses. Manager Mountain explained that he and Darren Carney met with the owners; they are still angry at the county, and are looking for options for redevelopment of their property. Communication between the township and the owners of the businesses is ongoing.

Councilman Guadagno stated that he received a call from a resident regarding trees being cut down at Skylands. Manager Mountain stated that they had a tree removal permit last year, and they were within the requirements of the permit last year. He will look into the current situation.

Councilman Loveys reported that the Vice Chair for the TAC is Greg Mohr, the Treasurer remains Audrey Verona, and the Recording Secretary remains Matt Tal. At the last meeting he reported about a stop sign at Old Chimney and Shongum Rd.; there had been concern that it wasn’t visible. Officer Biase checked out the sign, and there was a lot of brush in the area. They will follow up with having either the township or resident remove the brush. Councilman Loveys added that the police felt that putting the reflective tape on the sign would also help; TAC agreed to purchase 12 pieces of reflective tape, and give them to the police to use at their discretion. Officer Biase reported at the TAC meeting that there is a drunk driving enforcement coming up the two Saturdays around St. Patrick’s Day. Chief Stokoe has suggested five days, not yet determined, for the Distracted Driving campaign. Councilman Loveys reported that there are two upcoming Share the Keys programs, on March 28th and May 2nd; however, they may be consolidated into one on May 2nd. The Police Department has redeployed radar and calming devices. The department is considering using the mobile sign near the high school parking lot to remind kids to buckle up.

Councilman Loveys reported that the MAC will have Matt Bellace present on March 22nd to three sessions of students during the day, and to parents at night. Dr. Copeland agreed to have a contest to provide a free bagel breakfast to the Team that produces the most parents at the presentation.

Deputy Mayor Carey reported that she, Councilwoman Veech, and Mayor Hirniak attended the Habitat for Humanity Hearts and Hammers Gala at the Meadow Wood Manor.

Deputy Mayor Carey also reported that she and Councilwoman Veech were asked to speak at a Girl Scout meeting; she stated that it was a lot of fun. They also invited a woman who is a Mechanical Engineer and construction supervisor, and a young woman who wrestles on the high school team, as well as a young woman who plays football. Councilwoman Veech and Deputy Mayor Carey presented the girls with certificates and their Leadership badges.

Mayor Hirniak stated that Brian Woods, reporter for the Randolph Reporter, will no longer be covering the Council meetings. He thanked Brian, and wished him well.

Mayor Hirniak reported the following:

At the Habitat for Humanity Hearts and Hammers Gala, he sat with a gentleman who was a minister and a board member of Habitat for Humanity, Reverend Dr. Dennison Harold Junior. He is the Pastor of the Wallace Chapel African Methodist Episcopal Zion Church in Summit. The Pastor invited Mayor Hirniak to attend a worship service. On Sunday, March 6, Mayor Hirniak attended the service, and felt it was very rewarding.
Many of the Council members attended the EA Porter groundbreaking ceremony on Tuesday, March 1st.
He attended the EDC meeting on March 1st. They discussed businesses that they were going to consider as nominees for the business awards to be announced at the Country Fair. A committee was created within the EDC to work through the long list of potential nominees; if Council members have suggestions, they should speak to either the Mayor or the Manager and they will forward the suggestion to John Ragan.
Randolph Chamber of Commerce/EDC had an After Hours event at Fortes on Wednesday, March 2nd; there was a large turnout.
Thursday, March 3rd he attended Center Grove School to read to the first and the fourth graders; he thanked Donna Luciani, Principal Rodas, and Mrs. Finland for coordinating his attendance.
March 4th he attended an event at The Exchange to benefit the Randolph Regional Animal Shelter. The shelter would receive 15% of the bill; it was a well attended event.
March 5th he attended the Community Wellness Fest; it was a very well attended event.
Later on March 5th he attended a chili cook-off sponsored by the Rotary Club in which he was one of the judges.
He and Councilman Guadagno attended the Planning Board meeting on March 7th. They reviewed the fair share housing plan in Executive Session.

There was a short break before Executive Session.

N. EXECUTIVE SESSION

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

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

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

1. The public shall be excluded from the 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 reconvene in public session for the purpose of taking formal action.

Councilman Guadagno made a motion to move into Executive Session at 8:45 p.m. Deputy Mayor Carey 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 close the Executive Session at 9:10 p.m. 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

O. ADJOURNMENT

Councilman Napoliello made a motion to adjourn the meeting at 9:10 p.m. 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