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

Minutes: March 26, 2015

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 Veech. 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 19, 2014 by e-mailing them the annual resolution adopted by the Council on December 4, 2014. 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 24, 2014.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys (via phone)
Councilman Napoliello
Deputy Mayor Hirniak
Mayor Veech

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

3. Pledge of Allegiance

Mayor Veech led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road expressed her concern that a friend of hers has not yet been able to obtain a copy of an accident report two weeks after the accident. Mrs. Stewart will be discussing this with Manager Mountain.

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

C. MANAGER’S REPORT

Manager Mountain reported the following:

• Road Evaluations—the internal evaluation has been completed. He involved the Engineering Department more this year than in the past; Tom Spring has always been involved. A meeting is confirmed with the infrastructure work group to review the evaluation and to start the process. A discussion with the Council will be at the April 16th meeting; introduction of the Ordinance is anticipated for April 30th.
• Sussex Turnpike—he contacted Chris Fitz, the County Engineer, who advised they are still waiting on approved contracts and insurance from the contractors as well as the need for NJDOT to sign off because the project has federal aid. The County Engineer is hopeful that he will receive everything in the next week so the project can move forward. At that point, he will contact the Manager to schedule a preconstruction meeting and a public meeting.
• He and Ralph Carchia met with John Ragan and Dick Marcickiewicz from the Shongum Lake Property Owners Association. John Ragan requested the meeting to bring Manager Mountain up to speed on the history of the storm water issues related to the lake. The association continues to be pleased with the relationship it has with the township.
• He and Deputy Mayor Hirniak attended the Wildlife Management Committee meeting. Chairman Russ Nee is a volunteer member of the 9/11 Trail Projects; this project creates trail links between the 9/11 memorials at the World Trade Center, Flight 93 - Shanksville, PA, and the Pentagon. They are utilizing existing trails when possible, in Morris County most are along Patriot’s Path; they are creating new trail links where needed. Russ Nee will present information on the project at a future Council meeting, and he is hopeful to get Council participation as they dedicate the trail through Randolph.

D. APPROVAL OF MEETING MINUTES

1. Approval of the Regular Meeting Minutes from February 19, 2015, February 26, 2015, and the Budget Meeting Minutes of February 28, 2015

Councilman Napoliello made a motion to approve the Regular Meeting Minutes from February 19, 2015, February 26, 2015, and the Budget Meeting Minutes from February 28, 2015. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Approval of the Executive Minutes from February 19, 2015

Deputy Mayor Hirniak made a motion to approve the Executive Minutes from February 19, 2015. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

E. COMBINED ACTION RESOLUTIONS

Item #9, Self Examination of Budget: Mayor Veech asked Manager Mountain for an explanation. Manager Mountain explained that the self examination of the budget is a program that that state initiated years ago where they allow for municipalities, on a rotating basis, to have the local CFO do the examination of the budget, certify it, and submit it to the local finance board and DCA for filing. In the past, every year municipalities would submit their budgets to DCA, and they would review it and certify it; now it’s every third year DCA does the review and in the off-years, the township CFO can do it. This Resolution authorizes Darren Maloney to do the self review and certification. Councilman Loveys commented that in the Resolution it states that the budget has already been introduced. R-86-15 was pulled until after the budget was introduced.

Item #8, Amending contract with PM Construction Corp: Councilman Loveys asked for some clarification and Manager Mountain provided clarification.

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

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

NAYS: None

1. Refund Outside Tax Sale for Block 44, Lot 20 at 124 Dover-Chester Road to FWDSL & Associates—$62,510.69

R-78-15

WHEREAS, Outside Tax Sale Certificate #1840 held by FWDSL & Assoc., assessed to Michelle/Robert Gierla, Block 44, Lot 20, 124 Dover-Chester Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $53,010.69, and premium in the amount of $9,500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $62,510.69 to FWDSL & Assoc. holder of Tax Sale Certificate #1840.

2. Authorizing Contracts with Additional Approved Vendors under the Middlesex Regional Educational Services Commission Cooperative Pricing System (MRESC)

R-79-15

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may, by resolution and without advertising for bids, purchase any goods or services under a Cooperative Pricing System of which the Township is a member; and

WHEREAS, the Township of Randolph on March 10, 2015 via R 75-15 authorized contracts with certain approved MRESC Contract vendors; and

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

WHEREAS, the additional MRESC Contract Vendors have been added to the attached list; and

WHEREAS, the Township of Randolph anticipates entering into contracts in excess of $17,500 with the attached Referenced Contract Vendors through this resolution and properly executed purchase orders/contracts as needed, which shall be subject to all the conditions applicable to the current co-op contracts.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from the additional approved MRESC Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MRESC Contract Vendors shall be until December 31, 2015 or upon expiration of the vendor’s contract whichever is first.

3. Awarding a Contract for Supplying Waterworks Specialties to Various Bidders

R-80-15

WHEREAS, the Township of Randolph advertised for the Supplying Waterworks Specialties project in accordance with Local Public Contracts Law and received bids on March 4, 2015; and

WHEREAS, 3 bids were received; and

WHEREAS, Capitol Supply Construction Products Inc., Wayne, NJ, submitted a bid and was the low bidder for the items highlighted in yellow in its column on the attached spreadsheet (and indicated by ** in the MFG# & BRAND BIDDING COLUMN); and

WHEREAS, HD Supply Waterworks, Edison, NJ, submitted a bid and was the low bidder for the items highlighted in yellow in its column on the attached spreadsheet (and indicated by ** in the MFG# & BRAND BIDDING COLUMN); and

WHEREAS, T.P.S. Supply LLC, Morristown, NJ, submitted a bid and was the low bidder for the items highlighted in yellow in its column on the attached spreadsheet (and indicated by ** in the MFG# & BRAND BIDDING COLUMN); and

WHEREAS, Capitol Supply Construction Products Inc. and HD Supply Waterworks provided the exact same pricing on items 162a, 162b, 162c; and

WHEREAS, separate coin tosses were conducted by Township personnel for those three items and Capitol Supply Construction Products Inc. was the winning bidder for all three items; and

WHEREAS, HD Supply Waterworks and T.P.S. Supply LLC provided the exact same pricing on item 297c; and

WHEREAS, a coin toss was conducted by Township personnel for that item and HD Supply Waterworks was the winning bidder for that item; and

WHEREAS, for items 42c, 42f, 42g, 44b-44g HD Supply Waterworks provided alternative brands for items that are required to be Mueller brand, therefore those items are not awarded to them; and

WHEREAS, Capitol Supply Construction Products Inc. was the next apparent low bidder for items 42c, 42f, 42g, 44b-44g so those items are awarded to them; and

WHEREAS, for Items 52a-52g Capitol Supply Construction Products Inc. provided alternative brands for items that are required to be Mueller brand, therefore those items are not awarded to them; and

WHEREAS, none of the other bidders provided pricing for items 52a-52g therefore no awards are made for those items; and

WHEREAS, a number of items had no bids by any of the bidders per the attached spreadsheet and are therefore not being awarded as part of this contract; and

WHEREAS, the Engineering Administrator/W&S and the Purchasing Agent recommend the award of contracts to Capitol Supply Construction Products Inc., Wayne, NJ, HD Supply Waterworks, Edison, NJ, and T.P.S. Supply LLC, Morristown, NJ, as the lowest responsive, responsible bidders for the items as indicated on the attached spreadsheet.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that contracts be awarded as stated above and per the attached spreadsheet for Supplying Waterworks Specialties for the Township of Randolph for the contract term April 1, 2015 to March 31, 2016.

4. Release Road Opening Cash Bond for New Driveway at 144 Franklin Road, Block 195, Lot 2 to Mark Gerardi—$500.00

R-81-15

WHEREAS, the Engineering Department has received a request from Mark Gerardi, for the release of a $500.00 cash road opening bond posted for the purpose of a new driveway at 144 Franklin Rd., Block 195/Lot 2, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 10, 2014; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the new driveway at 144 Franklin Rd., Block 195/Lot 2, 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 Mark Gerardi, 144 Franklin Rd., Randolph, NJ 07869.

5. Authorizing the Payment of Ice Fees to Floyd Hall Enterprises for the 2014-2015 Hockey League Season—Not to Exceed $9,500.00

R-82-15

WHEREAS, the Township of Randolph (“Township”) leased ice time from Floyd Hall for the 2014-2015 Hockey League Season; and

WHEREAS, the ice time at Floyd Hall for the 2014-2015 Hockey League Season should not exceed $9,500; and

WHEREAS, there are funds available for these fees.

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

1. The Township hereby authorizes the payment of fees for ice time to Floyd Hall Enterprises for the 2014-2015 Hockey League Season for the not to exceed price of $9,500.
2. This Resolution shall take effect immediately.

6. Authorizing the Payment of Ice Fees to Aspen Ice, Inc. for the 2015 Portion of the 2014-2015 Hockey League Season—$9,215.61

R-83-15

WHEREAS, the Township of Randolph (“Township”) leased ice time for the 2014-2015 hockey league season with Aspen Ice Inc.; and

WHEREAS, the league fees and ice time for Aspen Ice Inc. for the entire year of 2014 totaled $43,013.89, payment of which was authorized by Council on February 19, 2015 via R 63-15; and

WHEREAS, ice time was leased from Aspen Ice Inc. in January 2015 for the 2015 portion of the 2014-2015 hockey league season in the amount of $9,215.61; and

WHEREAS, there are funds available for the lease of this ice time.

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

1. The Township hereby approves the payment of $9,215.61 to Aspen Ice Inc. for leased ice time for the 2015 portion (January) of the 2014-2015 hockey league season.
2. This Resolution shall take effect immediately.

7. Authorizing Road Closures on July 12, 2015 Between 8 am and 11 am on Sussex Tpke., Green Lane, Park Ave, Dover-Chester Rd, and Pleasant Hill Rd for the Paramount Adventure Club 13th Annual Triathalon

R-84-15

WHEREAS, Marty Feeney, Race Director for the Randolph Lake Triathlon, is requesting Randolph Township’s support and cooperation for their Annual Paramount Adventure Club Triathlon competition on Sunday, July 12, 2015 between 8:00 am and 11:00 am in Randolph; and

WHEREAS, this event raises money for the Lakeland Youth Track and Field League as well as several other community organizations; and

WHEREAS, the bicycle race segment will primarily be held in Randolph and will require police assistance in making the roads safe.

WHEREAS, the roads affected are as follows: Sussex Tpke (closed completely between Rte 10 and Canfield Ave), Green Lane, Park Ave., Dover-Chester Road, and Pleasant Hill Road.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey that the Township Council lends it support for the Annual Triathlon competition.

8. Authorizing Change Order #5 and Amending Contract with PM Construction Corp. for Butterworth Sanitary Sewer Interceptor Upgrade for Additional Paving and Extended Pavement Maintenance Bond in the Amount of $8,368.00 Bringing New Contract Total to $1,524,034.28

R-85-15

WHEREAS, the original contract amount with P.M. Construction Corporation for the Phase 1 Butterworth Interceptor Sanitary Sewer Upgrade Project is $1,363,377.00; and

WHEREAS, the project engineers, Hatch Mott MacDonald, has recommended that the following change order be approved:

Change Order #5—Additional paving along Lake Road and an extended Pavement Maintenance Bond for Lake Road, total amount $8,368.00, and

WHEREAS, the original contract amount is amended as follows:

Original contract amount: $1,363,377.00
Change Order #1 $13,324.25
Change Order #2 $11,655.53
Change Order#3 $9.105.50
Change Order #4 $118,294.00
Change Order #5 $8,368.00
Revised Contract Totals: $1,524,034.28

WHEREAS, the revised contract amount with P.M. Construction Corporation including this change order is $1,524,034,28.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Order #5 be approved and the contract amended accordingly.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 26, 2015

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the Sewer Capital Fund, Butterworth Extension, Ordinance #20-97, to award a change order (#5) to PM Construction for the Butterworth Sanitary Sewer Interceptor Upgrade project.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 08-215-55-901-300 (not to exceed $8,368)

9. Self Examination of Budget

PULLED to APPROVE AFTER BUDGET INTRODUCTION

10. Authorizing Appropriation Reserve Transfers—$300.00

R-87-15

WHEREAS, per N.J.S.A. 40A:4-59, a municipality may during the first three months of a fiscal year transfer amounts from appropriation reserves where there are excess balances to appropriation reserves that are deemed to have insufficient balance; and

WHEREAS, there is a need to transfer amounts from the following appropriation reserves with excess balances to the following appropriation reserves that are deemed to have insufficient balances:

NOW, THEREFORE BE IT RESOLVED, by the Randolph Township Council, County of Morris, State of New Jersey that the above appropriation transfers be made.

11. Raffle License, Off-Premise Merchandise Raffle, Greek Orthodox Community Center of Randolph, 1447 Sussex Turnpike, Randolph, NJ on June 28, 2015 at 12:30 p.m.

F. UPCOMING EVENTS

1. Ribbon Cutting—MAX of Randolph, 3 Middlebury Blvd., Randolph on March 28th at 10:45 a.m.
2. Clean Communities Day—April 25th at 8:30 a.m.
3. Ribbon Cutting—Randolph Regional Animal Shelter, 97 Ironia Road, Mendham, on April 30th at 5:30 p.m.
4. Commemorative Bench Dedication—In memory of Jacob Levy, Brundage Park, on May 12th at 6:30 p.m.
5. Commemorative Bench Dedication and Tree Dedication—In memory of Ty Thompson, Mt. Freedom Park, on May 19th at 6:30 p.m.

G. INTRODUCTION OF THE 2015 MUNICIPAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM

Manager Mountain made the following comments:

• He thanked Darren Maloney for assembling the 2015 Budget and Capital Program Books and for his efforts throughout the budget process. He also thanked the staff for their cooperation and input, and the Council for their support and guidance.
• The document was prepared with an optimistic outlook, tempered by the fact that there is still not a clear trend in which to count on financially.
• The primary focus of the budget was to maintain current service levels, facilities, and infrastructure; he felt that goal was achieved.
• He will present more detailed information prior to the budget hearing on April 30th, but provided the below highlights:
  • The budget came in within the 2% levy cap and below the appropriations cap.
  • The total operating budget comes to $29,640,792
  • The Water and Sewer budget comes to $6,973,260
  • The budget as proposed contains no service reductions or major changes from 2014; staffing levels will end the year at the same level as they began in 2014.
  • The township is in a stronger position than it began in 2014 due to conservative Council policies and the referenced uptick in the local economic climate.
• He explained that every budget presents challenges. The below areas of appropriation increased at levels higher than the average:
  • Recycling—up approximately $240K as the township transitions from in-house curbside collection to private service. This will drop significantly in 2016 with the anticipated retirement in 2015 of the two full-time recycling employees and the sale of assets associated with the in-house service.
  • Insurance—up approximately $260K primarily due to increases in health insurance premiums. This increase is far less than in prior years, mitigated by the gradual implementation of the employee health benefit contribution program mandated by the state.
  • Deferred Charges—up $120K as a result of the township absorbing the first installment of the costs associated with the township-wide Revaluation.
  • Capital Improvements/Road Overlays—this budget is up by approximately $72K primarily to address major infrastructure needs, notably the roads. This year’s capital includes an additional $135K for road overlays some of which is being offset by prior year’s unused road overlay funds.
• The increases in expenses were in part balanced by increases in revenues and a growth in the overall fund balance (surplus). The township ratable base increased for the first time since 2010.
• Despite some of these positive signs, the township still faces a large number of pending tax appeals. These have been budgeted accordingly, by continuing to bank additional dollars to cover those appeals.
• This year’s budget calls for a tax increase of 1.4 cents, the lowest municipal increase in several years; this is an increase of 1.92%.
• The anticipated impact on the average assessed home valued at $335,400 will be $46.35.
• The Water and Sewer budgets continue to be in very sound financial condition. The Water budget totals $3,329,591 for 2015, and the Sewer budget totals $3,643,669. Both funds are carrying healthy fund balances. The water fund surplus is a result of an aggressive leak detection program and a rate increase approved by the Council in 2012. The sewer fund surplus has been increased by design in anticipation of a couple of large capital improvement projects to be initiated in the coming years.
• Randolph continues to maintain a AAA bond rating; it is one of only a small number of municipalities in the state of New Jersey carrying this distinction. The AAA bond rating is a reflection of the township’s strong financial position. The budget as prepared continues the tradition of good financial planning and will only enhance the township’s financial position in the future.
• He stated that he was very pleased with the budget document, and encouraged its introduction.

On behalf of the Council, Mayor Veech thanked Manager Mountain and Darren Maloney for their work on the proposed budget. Other Council members stated they were pleased with the budget.

OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated two things related to the Executive Session; the public should be able to view the form used for the Manager’s evaluation, and the public would like to hear the attorney’s interpretation of the Supreme Court ruling on COAH and the information which he will share. Mrs. Stewart requested that the Council amend the Executive Session to allow for the public to hear some of the information.

Mayor Veech stated that the Council will have Attorney Ed Buzak provide a brief explanation of the information on COAH before the Executive Session. She also stated the form for the Manager’s evaluation will be given to the public.

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

Manager Mountain read the Resolution introducing the 2015 budget:

BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2015;

BE IT FURTHER RESOLVED, that said Budget be published in the Randolph Reporter and the Daily Record in the issue of April 9th, 2015

SUMMARY OF CURRENT FUND SECTION OF APPROVED BUDGET

1. Appropriations within “CAPS” $24,853,484
2. Appropriations excluded from “CAPS” $8,716,970
3. Reserve for Uncollected Taxes (set at 97.1% of tax collections) $3,043,598
4. Total General Appropriations (including W&S) $36,614,052
5. Less: Anticipated Revenues Other Than Current Property Tax $16,155,469
6. Difference: Amounts to be Raised for Support of Municipal Budget (as follows)
   1. Local Tax for Municipal Purposes Including Reserve for Uncollected Taxes $19,017,839
   2. Addition to Local District School Tax 0.00
   3. Minimum Library Tax $1,440,744

Councilman Guadagno made a motion to introduce the 2015 Municipal Budget. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Loveys made a motion to accept Resolution R-86-15. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

R-86-15

WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance board to adopt rules that permit Municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

WHEREAS, pursuant to N.J.A.C. 5:30-7.2 thru 7.5 the Township of Randolph has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Township meets the necessary conditions to participate in the program for the 2014 budget year; so now therefore

BE IT RESOLVED, by the Township Council of the Township of Randolph that in accordance with N.J.A.C. 5:30-7.6 a and b and based upon the Financial Officers certification, the governing body has found the budget has met the following requirements

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
   1. Payment of interest and debt redemption charges.
   2. Deferred charges and statutory expenditures.
   3. Cash deficit of preceding year.
   4. Reserve for uncollected taxes.
   5. Other reserves and non-disbursement items.
   6. Any inclusions of amounts required for school purposes.
2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3et seq. are fully met. (Complies with the “CAP” law.)
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30.5.
4. That pursuant to the Local Budget Law:
   1. All estimates of revenue are reasonable, accurate, and correctly stated.
   2. Items of appropriation are properly set forth.
   3. In itemization, form, arrangement, and content, the budget will permit the exercise of comptroller function within the municipality.
5. The budget and associated amendments have been introduced, publicly advertised, and in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Director of the Division of Local Government Services.

H. OPEN TO THE PUBLIC

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

I. COUNCIL COMMENTS

Deputy Mayor Hirniak reported that the Wildlife Management Committee is currently going through two important processes. One is determining the extent of the deer herd, and the other is getting numbers from last year’s hunt. Greg Mohr anticipates having the information on the extent of the deer herd by the end of May. The hunt information is broken down by types of property; private, municipal, county, state, and also carcasses that have been removed from the roads. The committee is still awaiting results on some of the categories. However, during the 2014 calendar year, a total of 85 deer were culled from municipal properties, and 123 deer carcasses removed from Randolph roads. In Morris County, Randolph is up from 4th in 2013 to 3rd in 2014 for the number of carcasses removed. There was some further discussion on the deer hunt and the deer population.

Councilman Guadagno reported that he attended the meeting with the planners for the Parks Master Plan. He stated that there is a tremendous amount of residents that want to hike on the trails. At the meeting, it was noted that some towns plow their trails in the woods. There have been some residents who cross country ski and have expressed concern that hikers walk on the snow covered trails in the winter. Councilman Guadagno suggested that next year there might be a winter trail that residents could walk and also a trail set aside for the cross country skiers; either have Parks & Recreation Department discuss it or form a committee. Manager Mountain stated he would speak to the Parks & Recreation Department to determine the possibility.

Councilman Napoliello reported that the Randolph Junior Prom is on April 23rd. A crashed car to raise awareness for drunk driving will be on the municipal lawn for a few weeks.

Mayor Veech asked Attorney Buzak to provide a brief explanation of the COAH information.

Attorney Buzak explained the following about COAH:

• On March 10, 2015 the Supreme Court issued its opinion and resumed jurisdiction over all of the affordable housing cases, essentially finding that the COAH process is futile at this point because they failed to adopt regulations and the municipalities that are before it are in limbo.
• In resuming jurisdiction, they set forth a very detailed procedure that the courts had to follow, and that municipalities had to follow in terms of achieving the objective of receiving protections from third party lawsuits that would force the municipality to include certain properties that the municipality may not want to include to satisfy their affordable housing obligation.
• The court addressed those municipalities that were before COAH. Those that had been before COAH during this long time period (2004-present) where COAH did issue approvals for about 60 municipalities, they broke them into two categories and established a procedure. They have 30 days following the effective date of the Order in which to file a declaratory judgment action

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 remaining portion of the meeting.

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

Review of Tax Appeals (moved to April 16 meeting)
Supreme Court Ruling—COAH
Update Bailey Litigation
Personnel—Manager’s Evaluation

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

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

Councilman Guadagno made a motion to move into Executive Session at 8:00 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to return to Open Session at 9:17 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

K. ADJOURNMENT

Councilman Guadagno made a motion to adjourn the meeting at 9:17 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None