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

Minutes: March 2, 2017

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 Carey. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 2, 2016 by emailing them the annual resolution adopted by the Council on December 1, 2016. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on December 8, 2016, and the Daily Record on December 6, 2016.

2. Roll Call

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

ABSENT:
Councilman Guadagno
Councilman Loveys

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

3. Pledge of Allegiance

Mayor Carey led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road reported that the library appointed a new director.

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

C. MANAGER’S REPORT

Manager Mountain reported the following:

Board of Education/Township Liaison Meeting—he, Mayor Carey, Deputy Mayor Forstenhausler, Chief Stokoe, and BOE and school administration members attended. He updated the board on the township’s 2017 budget process, plans for the design of the Calais Road Park, and the next phase of the Everdale Road project. The board provided more information on the proposed acquisition of 565 Millbrook Avenue that they are working on with the township, and some of their plans for the property. They also provided information on their 2017/2018 proposed budget; the proposal includes renovation plans for the middle school auditorium, the replacement of the fire alarm system in one elementary school, and several paving projects. They are anticipating the budget levy increase to be in the 2% range; they will provide a more detailed presentation at a future council meeting. Also discussed was how to utilize the township’s communication mediums, in particular the Randolph Quarterly to inform residents, who do not have school age children, of school happenings and some philosophies behind the school operation.
Calais Road Park—he met with the steering committee that is working on the design. They reviewed the RFP for the project which includes specifications for both a feasibility analysis and a final design; it will go out tomorrow. The timeframe is approximately one month; it is anticipated that the recommendation to the Council will be presented at the April 27th meeting. The steering committee will work with the firm throughout the process.
Angelica Sabatini has accepted the offer for the Assistant Finance Director position, and will start on March 20th. She has been Finance Assistant in Florham Park, and comes highly regarded.
Blanche Olsen retired; a new Violations Clerk, Richard Bolineau, was hired and will start on March 20th. He has served as an assistant in the records unit for the Morris County Corrections Department for the last five years, he is a lifelong Randolph resident, and he was also highly regarded.

D. PUBLIC HEARING—SOIL MOVEMENT HEARING—WENDY’S ON RTE. 10

1. Conduct Hearing

Mayor Carey explained that the township received an application from the Lenham Management Company for soil movement in association with the development of a Wendy’s on Route 10. The applicant has received preliminary and final site plan approvals for a 2,238 square foot restaurant facility and associated site improvements. Per Section 15-47.4(C) of the Revised Ordinances of Randolph Township, the Township Council has jurisdiction over the matter since the applicant seeks to move more than 2,001 cubic yards of soil from the site. The applicant seeks to export 8,368 cubic yards of soil from the site. The purpose of the hearing is for the Council to review, and act, upon this application.

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

Manager Mountain explained that the intent of the hearing is to ensure that the consideration of public health, safety, and general welfare, as well as any recommendations from the Planning and Zoning Administrator and Planning Board are taken into account. He reviewed some of the conditions in the Resolution.

Jennifer Smith, attorney with Gibbons PC, introduced herself and stated that she was there on behalf of the applicant, Conlen of Randolph, LLC. Attorney Smith noted that the applicant received site plan approval from the Planning Board, which was memorialized on December 5, 2016. She stated that Manager Mountain had covered everything she was going to present.

Attorney Keli Gallo swore in Peter Chandler of 35 Technology Drive in Warren, NJ as an expert witness. Attorney Smith asked Mr. Chandler to explain the proposed Wendy’s development and provide an overview of the type of soil movement.

Mr. Chandler explained the following, based on questions from Attorney Smith:

The Wendy’s building will be located in the center of the site; it will front Route 10 East, and it will have a single lane ingress and egress drive, with a circulation pattern around the restaurant.
The existing site had some moderate topography change associated with it, and in order to provide a level and navigable site for restaurant patrons, some soil removal was required, which totaled approximately 8,368 cubic yards.
It is anticipated that there will be 250 to 300 dump truck loads of soil removed.
It is anticipated to take one month to remove the soil, but due to the possibility of unforeseen delays, they have applied for a three month timeframe.
It is currently not known where the soil will be moved to, but it will be taken out of the township.
Soil movement will only take place between 9 a.m. and 5 p.m. Once the general contractor is selected, they will submit a transportation map. They agree to all the conditions in the letter.

Councilwoman Veech asked if a retaining wall will be necessary on the eastern side of the property due to the slope of the land. Mr. Chandler explained that there is a retaining wall proposed to be installed along the eastern side, but there is no retaining wall proposed on the side of the diner. Councilwoman Veech asked how high the retaining wall would be. Mr. Chandler replied that it would be 3 to 4 feet high. Attorney Smith added that in the testimony to the Planning Board, part of the reason the site is being leveled as such is to leave as much of the rear of the property in its natural vegetative state in order to buffer the development behind the site.

Deputy Mayor Forstenhausler asked if the area where there is currently still a rise in the soil is the soil which is being removed or if it is the whole site going down further in the west and at the front. Mr. Chandler explained that from the front of the property to the rear curb will be level, navigable site to allow for pedestrian traffic to and from the cars to the restaurant. It will slope up to the rear and to the east to grade up to the other property.

Mayor Carey asked when the soil removal would begin, if the application was approved. Mr. Chandler replied that they are currently working with the township to satisfy all the conditions of approval. They are simultaneously working with the township and DOT to obtain all permits; they are anticipating the fulfillment of those obligations in the next 60-90 days, and then they will begin the soil removal.

Deputy Mayor Forstenhausler asked it the soil had been tested to verify that it is clean fill. Mr. Chandler replied that some geotechnical investigation was done; however, he was unsure if any environmental testing was done. Darren Carney stated that there was some environmental testing done and there was no contamination.

Councilwoman Veech asked when the restaurant was expected to be completed and opened. Attorney Smith replied that it should open the end of August if all goes on schedule.

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

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

Jim McConnell of 45 Carrell Road asked the anticipated number of trucks moving soil per day. Mr. Chandler explained that it was difficult to answer at this time since they did not know where the soil was being moved. If the location was nearby, there would be more trips because it would be a shorter distance. Mr. McConnell commented that the 9 am start can still have traffic on Route 10, and explained that a fully loaded dump truck pulling onto the highway and heading uphill might be a problem with traffic.

Councilwoman Veech made a motion to close the public session of the hearing. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

2. Approving the Soil Movement Permit for Block 112, Lot 2 Located on the Corner of 505 Rte. 10 East for Lenham Management Company (Wendy’s)

R-71-17

WHEREAS, Lenham Management Company, the “Applicant,” has submitted to the Township of Randolph, the “Township”, an application for a soil movement permit involving the movement of soil on Lot 2., Block 112, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on the corner of 505 Route 10 East, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately eight thousand, three hundred and sixty eight (8,368) 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 Granting Preliminary and Final Major Site Plan Approval, Certain “C” Variances and Site Plan Waivers to Conlen of Randolph LLC (Wendys); and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on December 5, 2016, the Planning Board of the Township of Randolph approved said application for the Granting Preliminary and Final Major Site Plan Approval, Certain “C” Variances and Site Plan Waivers, 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 2, 2017, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on March 2, 2017, 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 Lenham Management Company (Wendy’s) and is 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 3 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 vehicles transporting soil should utilize County and/or State roadways only. 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. The location (s) for the disposal of the soil shall be provided to the Township Engineer in writing prior to the commencement of the soil movement.
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. This is in accordance with the Land Development Ordinance 15-47.11.E
9. The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of December 5, 2016, 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 December 5, 2016.
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.

Councilman Napoliello made a motion to approve the soil movement permit. Deputy Mayor Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

E. COMBINED ACTION RESOLUTIONS

There was a short discussion on the trade in value of the old fire truck.

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

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

1. Change Order No. 1 for $67,202.90 to CFM Construction, Inc. for Improvements to the Knights Bridge Sewer Pump Station Bringing the Total Revised Contract to $648,502.90

R-68-17

WHEREAS, the original contract with CFM Construction Inc, for improvements to the Knights Bridge Sewer Pump Station was $581,300.00; and

WHEREAS, the Engineering Department has requested the installation of Bioxide Odor Control System. This installation includes the following:

Purchase of complete Bioxide system, tank and components.
Installation of concrete pad.
All required electrical work, labor, materials, and retrofitting existing wet well.

WHEREAS, these changes resulted in a total amount of $67,202.90; and

WHEREAS, the original contract is amended as follows:

Original Contract $581,300.00
Change order $67,202.90
Revised Contract Total $648,502.90

and

WHEREAS, Engineering/Water & Sewer Administrator recommends that the contract amount be revised to reflect the change order work to be 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 CFM Construction, Inc. be increased from the original contact amount of $581,300.00 for a final contract total of $648,502.90.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 2, 2017

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Sewer Capital Fund, Ordinance 03-16, Knights Bridge Repairs, to award a change order contract to CFM Construction for improvements to the Knights Bridge pump station.

Darren Maloney
Chief Financial Officer
Budget Accounts: 08-215-55-913-300 (not to exceed $67,202.90)

2. Refund Outside Tax Sale Certificate for 400 Route 10, Block 111, Lot 23 to MTAG as Custodian for Alterna Funding I., LLC—$306,078.38

R-69-17

WHEREAS, Outside Tax Sale Certificate #2004 held by MTAG as Custodian for Alterna Funding I, LLC, assessed to Yi Properties, Block 111, Lot 23, 400 Route 10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $170,078.38 and premium in the amount of $136,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $306,078.38 to MTAG as Custodian for Alterna Funding I, LLC, holder of Tax Sale Certificate #2004.

3. Correcting Resolution #65-17 for MCCPC Contract #15-C for Utility Vehicles Which Should Reflect that Beyer Ford was the Award Recipient

R-70-17

WHEREAS, Resolution #65-17 concerning the award of MCCPC Contract #15-C (Utility Vehicles) was approved by the Township Council on February 16, 2017; and

WHEREAS, it was later determined that an error was made in Resolution #65-17; and

WHEREAS, Beyer of Morristown in Morristown, New Jersey, was named as the lowest responsive and responsible bidder for Items #4, #5, #6, #9, #14, #17, #18, #29 and #37 in Contract #15-C; and

WHEREAS, Beyer Ford in Morristown, New Jersey, should have been named as the lowest responsive and responsible bidder for those items listed above in Contract #15-C.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council hereby authorizes that Resolution #65-17 should reflect Beyer Ford as the awarded bidder for the items listed above for Contract #15-C (Utility Vehicles, 2017 Models).

4. Awarding a Contract for Everdale Road Retaining Wall Replacement Project—PH 2 to Fiotakis Construction, LLC—$124,105.00

R-72-17

WHEREAS, the Township of Randolph advertised for the Everdale Road Retaining Wall Replacement Project—PH 2 in accordance with Local Public Contracts Law and received bids on February 17, 2017; and

WHEREAS, 19 bids were received; and

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

TC Landscape Construction Group Inc., Toms River, NJ, $156,927.00;
J.C. Contracting Inc., Rahway, NJ, $421,960.00;
T. Fiotakis Construction LLC, Edison, NJ, $124,105.00;
Millbrook Landscape Contractors LLC, Randolph, NJ, $155,200.00;
Tony & Son, Inc., Colonia, NJ, $194,752.00;
JAG Paving Corp., Kearny, NJ, $181,149.00;
HC Constructors, Inc., Whitehouse Station, NJ, $202,930.00;
Your Way Consttruction Inc., Irvington, NJ, $131,897.75;
Mike Fitzpatrick & Son, Oak Ridge, NJ, $239,950.00;
Empire Construction & Property Mgmt Group Inc., Middletown, NJ, $170,320.41;
D.R. Mullen Const. Co., Inc., Oakland, NJ, $217,314.25;
Murray Paving & Concrete, LLC, Paramus, NJ, $252,055;
Shauger Property Services, Inc., East Orange, NJ, $155,290.00;
Reivax Contracting, Newark, NJ, $146,640.00;
Concrete Construction Corp, Hackensack, NJ, $196,984.00;
M&M Construction Technology Inc., Staten Island, NJ, $507,912.00;
Safeway Contracting, Kenilworth, NJ, $418,925.00;
Wetlands Incorporated, River Edge, NJ, $281,854.50;
Levato & Sons, Inc., Morristown, NJ, $188,730.00; and

WHEREAS, the Engineer and the Purchasing Agent recommend the award of the contract to T. Fiotakis Construction LLC as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Everdale Road Retaining Wall Replacement Project—PH 2 to T. Fiotakis Construction LLC of Edison, NJ in the amount of $124,105.00; and

WHEREAS, the Finance Officer has certified to the availability of funds for this project.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to T. Fiotakis Construction LLC of Edison, NJ for the Everdale Road Retaining Wall Replacement Project—PH 2 project for the price of $124,105.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 2, 2017

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 09-15, Retaining Wall Repairs and Ordinance 13-16, Repair Retaining Walls, to award a contract to Flotakis Construction LLC, for Everdale Road retaining wall repairs, per its response to a bid solicitation.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-968-304 (not to exceed $6,751.46)
04-215-55-975-320 (not to exceed $117,353.54)

5. Authorizing a Cooperative Purchasing Agreement between Randolph Township and Houston-Galveston Area Council (H-GAC) as Lead Agency

R-73-17

WHEREAS, N.J.S.A. 52:34-6.2(b)(3) authorizes any contracting unit to make purchases and contract for services through the use of a nationally-recognized and accepted cooperative purchasing agreement that has been developed utilizing a competitive bidding process by another contracting unit within the State of New Jersey, or within any other state; and

WHEREAS, the Houston-Galveston Area Council (“H-GAC”), as the Lead Agency, has offered voluntary participation in a national government Cooperative Purchasing Program for the provision of goods and services; and

WHEREAS, the Qualified Purchasing Agent and the Township Manager have recommended to the Township Council that the Township participate in the H-GAC Cooperative Purchasing Program for the purchase of a fire service apparatus; and

WHEREAS, based on such recommendations the Township Council has determined that said participation offers the best price for the fire service apparatus and is in the best interests of the citizens of the Township.

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

This Resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Township of Randolph and the Houston-Galveston Area Council.
Pursuant to the provisions of N.J.S.A. 52:34-6.2(b)(3), the Mayor is hereby authorized to execute and the Municipal Clerk to attest, on behalf of the Township, a Cooperative Purchasing Agreement between the Township of Randolph and the Houston-Galveston Area Council, as Lead Agency, a copy of which is annexed hereto and is on file in the Office of the Municipal Clerk and is available for public inspection.
The contract period shall be for the period of March 2, 2017 through December 31, 2017, with automatic renewals annually.

This resolution shall take effect immediately upon its passage.

6. Authorizing the Purchase of a New Fire Service Apparatus (Spartan Metro Star 1500 GPM Pumper) for $480,436 under H-GAC FS12-15

R-74-17

WHEREAS, the Township of Randolph may, as a contracting unit, without advertising for bids, purchase any materials, supplies or equipment through the use of a nationally-recognized and accepted cooperative purchasing agreement that has been developed utilizing a competitive bidding process by another contracting unit within the State of New Jersey, or within any other state; and

WHEREAS, the Council has, by separate resolution, authorized the Township to enter into a Cooperative Purchasing Agreement with the Houston-Galveston Area Council (“H-GAC”) for the purchase of a fire service apparatus; and

WHEREAS, the Township’s Purchasing Agent has reviewed the bidding process of the H-GAC with regard to the purchase of a new fire service apparatus and determined that H-GAC has met the requirements of using a fair and open process and that the use of the H-GAC will result in cost savings, after all factors have been considered; and

WHEREAS, a Notice of Intent to Award Contract under a National Cooperative Purchasing Agreement was published on February 17, 2017 in The Morris County Daily Record and posted on the Township’s website; and

WHEREAS, the Spartan Motors USA, Inc. Metro Star 1500 GPM pumper meets the requirements of the Fire Department; and

WHEREAS, the Township Council authorizes the purchase of the Spartan Motors USA, Inc. Metro Star 1500 GPM pumper through the H-GAC for the price of $478,460 plus $1,976 for a Performance Bond for a contract award total of $480,436; and

WHEREAS, the Finance Officer has certified to the availability of funds for this project; and

WHEREAS, the bid specifications allow for the trade-in of vehicles in conjunction with a purchase; and

WHEREAS, the township will be trading in the 1997 HME/Central States 1500 GPM pumper for $10,000.

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

The purchase of a Spartan Motors USA, Inc. Metro Star 1500 GPM pumper through the Houston-Galveston Area Council for the contract award amount of $480,436 in accordance with and pursuant to H-GAC contract FS12-15 dated December 1, 2015 through November 30, 2017 is authorized.
The trade-in of the 1997 HME/Central States 1500 GPM pumper for $10,000 is approved.
The Mayor and Township Clerk are authorized to execute any and all documents, including H-GAC agency information documentation, necessary for the purchase of a Spartan Motors USA, Inc. Metro Star 1500 GPM pumper.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 2, 2017

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 12-16, Purchase New Fire Pumper, to award a contract to Spartan Motors USA for the purchase of a new fire pumper, per its proposal submitted to the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-974-303 (not to exceed $480,436)

7. Releasing a Performance Guarantee and Requiring a Maintenance Guarantee in the Amount of $68,639.86 for Hertz Homes, Inc. Regarding the Development of Block 52, Lots 2 and 3 (Waterfall Estates)

R-75-17

WHEREAS, Hertz Homes, Inc. (“Developer”) constructed the development on Block 52, Lots 2 and 3 in the Township of Randolph in accordance with the April 10, 2002 Developer’s Agreement recorded on April 25, 2002 in the Morris County Clerk’s Office in Deed Book 05605, at Page 055; and

WHEREAS, the site improvements have been satisfactorily completed according to the Township Engineer; and

WHEREAS, the Developer is therefore entitled to the return of its performance guarantee in the amount of $164,735.67 ($16,473.57 cash bond (plus accrued interest) and $148,262.10 in a surety bond) subject to the posting of a maintenance guarantee in the amount of $68,639.86.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, they being its Governing Body thereof, as follows:

The performance guarantee, in the amount of $164,735.67, posted by the Developer is hereby released subject to the posting of a maintenance guarantee in the amount of $68,639.86 in a form of security acceptable to the Township Attorney.
The Township shall hold the maintenance guarantee for the required two-year period.
The Mayor and Township Clerk together with all other appropriate officers and employees are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.
This Resolution shall take effect immediately.

8. Raffle License, Tricky Tray, Friends of Randolph Animal Pound, Freedom Park, Millbrook Avenue, May 7, 2017 from 11:00 a.m. - 3:00 p.m.

F. UPCOMING EVENTS

Ribbon Cutting for Grand Opening of International Martial Arts, 3 Middlebury Blvd., Randolph on March 4th at 11:00 a.m.
Proclamations recognizing Eagle Scouts will be presented by Mayor Carey to Matthew James Doherty and Christopher Mantell at St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph on Sunday, March 5th at 1:30 p.m.
Randolph Area Chamber of Commerce—Monthly Networking Luncheon—LaStrada Restaurant, March 16th at 11:45 a.m. - 1:15 p.m.—Guest Speaker: Dr. Marcie Arlinsky on “Movement is Medicine! Fitness at the Office”
Randolph Area Chamber of Commerce and Economic Development Committee—“Randolph Business After Hours,” Thursday, March 23rd from 5:30 p.m. - 7:30 p.m. at M&T Bank, 128 Center Grove Rd., (former A&P Shopping Center)

G. ORDINANCES: INTRODUCTION

1. Ordinance No. 02-17: An Ordinance Amending Chapter 10, Boards, Commissions, Committees and Agencies, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, by the Addition of Article XIX Establishing the Trails Advisory Committee

Manager Mountain explained that the Ordinance establishes a Trails Advisory Committee as a permanent standing committee to guide the township on trail-related matters.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE XIX ESTABLISHING THE TRAILS ADVISORY COMMITTEE” 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 6th of April 2017 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.

Councilwoman Veech stated that she felt the ordinance was very well written.

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

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

2. Ordinance No. 03-17: Accepting the Dedication of a 50-Foot Wide Right-of-Way over a 130,649 Square Foot (2.99 acre) Portion of Block 52, Lot 2 & 3 on the Official Tax Map of the Township of Randolph from Hertz Homes, Inc. (Waterfall Drive)

Manager Mountain explained that the Ordinance is accepting the dedication of Waterfall Drive as a public street. The engineer has reviewed and accepted the improvement as an acceptable road.

BE IT RESOLVED, that an Ordinance entitled “ACCEPTING THE DEDICATION OF A 50-FOOT WIDE RIGHT-OF-WAY OVER A 130,649 SQUARE FOOT (2.99 ACRE) PORTION OF BLOCK 52, LOT 2 & 3 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM HERTZ HOMES, INC. (WATERFALL DRIVE)” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

H. DISCUSSION ITEMS

1. Hotel-Motel Tax Ordinance

Manager Mountain explained that Deputy Mayor Forstenhausler discussed with him and Keli Gallo the concept of looking into a hotel-motel occupancy tax. The state adopted, through legislation, an ability for municipalities to establish such a tax up to 3% on the charges of rent on every occupancy in a hotel or motel. The township is looking at the prospect of having a hotel; there is an approved site. The idea behind the ordinance is to have it in place in advance of the hotel being developed, in order for the township to take advantage of what the state allows. The Manager also explained that other municipalities in the area have taken advantage of the occupancy tax.

Keli Gallo added that the content of the ordinance mirrors the statute. She researched other towns in Morris County, and most have the same ordinance.

Deputy Mayor Forstenhausler stated that he felt it was a good idea, with a little revenue for the township. He explained that since they will be utilizing municipal services such as police, fire, and rescue, the township can recoup some of the money.

Councilwoman Veech stated that she did not think it would hinder development in the township since the tax is being absorbed by the hotel occupant; she felt the ordinance was good.

Manager Mountain explained that, if the ordinance passes and the hotel gets built, the ordinance gets sent to the state. The state collects both the state and municipal taxes, and the municipality gets its portion back.

I. OPEN TO THE PUBLIC

Leslie Moran of 2 Oak Lane stated that she is a fan of the trails, and was happy to see the establishment of the trails advisory committee. She commented that she has visited several towns, and she likes the way Randolph is run; she likes the ambiance of the Council meetings, and feels the township and Council are transparent.

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

J. COUNCIL COMMENTS

Councilwoman Veech reported that she and other Council members attended the ribbon cutting for Noches de Columbia, and the food was great. They also met the developer at the event, and he felt the plaza would be moving forward. Manager Mountain added that the developer called, and stated that he wanted to follow up after meeting everyone at the ribbon cutting. He could not go into details, but told the Manager that by spring they should begin work on the facade of the plaza, and hopefully be able to report on a tenant for the former K-Mart section of the plaza.

Councilwoman Veech also reported that she, Councilman Tkacs, and Mayor Carey attended the Habitat for Humanity Gala fundraiser. She stated that it was a well attended event.

Councilman Napoliello stated that Noches de Columbia was larger than he expected, and was surprised by their long hours.

Deputy Mayor Forstenhausler also reported good things about Noches de Columbia, and encouraged others to attend.

Mayor Carey reported that she also attended the ribbon cutting at Noches de Columbia, the Habitat for Humanity Gala, and the Board of Education liaison meeting. She added that she attended the Dr. Seuss birthday event at Center Grove School, and read to many classes; she enjoyed the event.

K. 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:

Mt. Freedom Golf Deed Restriction

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.

Councilwoman Veech made a motion to move into Executive Session at 7:43 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

Councilwoman Veech made a motion to close the Executive Session at 7:55 p.m. Deputy Mayor Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys

N. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 7:55 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Loveys