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

Minutes: March 31, 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
Mayor Hirniak

ABSENT: Deputy Mayor Carey

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

3. Pledge of Allegiance

Mayor Hirniak led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Proclamation—Relay for Life of Central Morris County

Mayor Hirniak commented on the important work that Relay for Life does in raising money for cancer research. He commended, and thanked the Relay for Life community, Bonnie Rosenthal, her mother, and her colleagues. The Mayor read the Proclamation, and presented it to Ms. Rosenthal:

RELAY FOR LIFE OF CENTRAL MORRIS COUNTY

WHEREAS, In 2016 cancer will kill more than eight million people worldwide. Half of these people will be between the ages of 30-69. In Morris County an estimated 212 individuals will be diagnosed with cancer each month, and 68 individuals will not survive the month; and

WHEREAS, Relay For Life is the signature activity of the American Cancer Society and celebrates cancer survivors and caregivers, remembers loved ones lost to this disease, and empowers individuals and communities to fight back against cancer; and

WHEREAS, The American Cancer Society’s Relay For Life is an emotionally moving overnight celebration of life and cancer survivorship designed to raise awareness about cancer and raise funds to support the American Cancer Society’s mission of fighting cancer, raising awareness of cancer prevention, and eliminating cancer; and

WHEREAS, The money raised at Relay For Life saves lives and creates a world with less cancer and more birthdays through funding fighting cutting-edge cancer research, early detection and prevention education, advocacy efforts, and life-affirming patient services, thus people staying well, helping people to get well, and finding cures for cancer by fighting back; and

WHEREAS, Randolph, one of seven united communities included within Relay For Life of Central Morris County, is joining over 5,200 other communities worldwide on every continent to host the American Cancer Society’s Relay For Life, an event to celebrate cancer survivors and caregivers, remember those who are no longer with us, and fight back against the disease; and

WHEREAS, More than three million people, about one in 99 Americans, will take part in Relay For Life this year, of which a half a million of the participants are cancer survivors; and

NOW THEREFORE I, Mayor Roman B. Hirniak, of the Township of Randolph proclaim June 4th to June 5th, 2016 to be American Cancer Society’s Relay For Life of Central Morris County. I urge Town residents to celebrate cancer survivorship, remember loved ones lost to this disease, honor caregivers and join Relay For Life of Central Morris County’s fight against cancer.

Bonnie Rosenthal asked everyone to participate in a brief exercise to think about painting a picture of the world with less cancer and more birthdays. She explained what the different colors represent for Relay for Life. The theme this year is “Paint your World Purple.” Ms. Rosenthal thanked the Council for creating a team for the event. She also explained what the money raised will go toward in our community. Mayor Hirniak added that Councilman Forstenhausler is the Team Captain.

Ms. Rosenthall explained that last year the police were called twice during the night. She found out that the area they hold the event backs to Wilkeshire Boulevard; she asked if it was possible to get the word out to those residents that Relay for Life is taking place and that they will do their best to keep the noise to a minimum. Manager Mountain replied that the township could use their available communications to inform residents in that area.

2. Proclamation—American Red Cross Month—March 2016

There was no one present to accept the Proclamation. Mayor Hirniak read the Proclamation:

AMERICAN RED CROSS MONTH MARCH 2016

WHEREAS, in Randolph Township, we have a long history of helping our neighbors in need. American Red Cross Month is a special time to recognize and thank our Everyday Heroes—those selfless Red Cross volunteers and donors who give of their time and resources to help community members.

WHEREAS, these heroes help families find shelter after a home fire. They give blood to help trauma victims and cancer patients. They deliver comfort items to military members in the hospital. They use their lifesaving skills to save someone from a heart attack, drowning, or choking. They enable children around the globe to be vaccinated from measles and rubella.

WHEREAS, the American Red Cross depends on local heroes to deliver help and hope during a disaster. We applaud our heroes here in Randolph Township who give of themselves to assist their neighbors when they need a helping hand.

WHEREAS, across the country and around the world, the American Red Cross responds to disasters big and small. In fact, every eight minutes the organization responds to a community disaster, providing shelter, food, emotional support and other necessities to those affected. It collects 40 percent of the nation’s blood supply; provides 24-hour support to military members, veterans and their families; teaches millions lifesaving skills, such as lifeguarding and CPR; and through its Restoring Family Links program, connects family members separated by crisis, conflict, or migration.

WHEREAS, we dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission.

NOW, THEREFORE, I, Roman B. Hirniak, Mayor of Randolph, by virtue of the authority vested in me by the Constitution and laws of Randolph and New Jersey, do hereby proclaim March 2016 as American Red Cross Month. I encourage all Americans to support this organization and its noble humanitarian mission.

C. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she has several relatives who have had cancer. She commended the organizers and the participants of Relay for Life for all they do to support cancer research.

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

• Sussex Turnpike Project—he spoke to the County Engineer regarding the Council’s concern about the temporary condition of the intersection at Calais Road and Sussex Turnpike. He asked if there could be temporary road striping put in place. The County Engineer reported that he is anticipating the final paving and striping to be completed in the next four weeks.

Councilwoman Veech noted that there had been reflectors put on West Hanover Avenue as it approached Sussex Turnpike and she thought they were great. However, several are now missing and she asked Manager Mountain if temporary lines could be put there because the reflectors are being run over. The Manager explained that temporary lines were placed at the intersection. Councilwoman Veech explained that the area is before the intersection, on the s-curves. Manager Mountain replied that he will follow up

Manager Mountain continued:

• EA Porter Project—the contractor has completed the demolition of the building, and removed the debris from the site. This work was completed ahead of schedule, and under budget. There will be a Resolution at a future meeting for a Change Order reducing the amount of the original contract by just under $100,000.
• Emergency FEMA—last week the President granted the state’s request for the major disaster declaration response to the winter storm Jonas for 17 counties, including Morris. This action will allow the township to recover costs associated with the snow removal, and any emergency services activity that happened during the period surrounding the storm. OEM Coordinator, Bill Wagner, has already collected the information needed for submittal for reimbursement, and he will oversee the process.
• Parks and Recreation Master Plan—the steering committee met on March 29th, it was the final meeting of the group for this stage of the process. The consultant asked that the committee provide any final comments or suggested revisions to the draft report by the end of the week. The consultant will finalize the draft report; it will first be given to the Council for review and comment, and then it will be posted in a number of places for the public’s review in advance of the public hearing on May 5, 2016 at 7:00 p.m.

E. APPROVAL OF MEETING MINUTES

1. Approving Regular Council Meeting Minutes for February 25, 2016 and February 27, 2016

Councilman Guadagno made a motion to approve the Regular Council Meeting minutes for February 25, 2016 and February 27, 2016. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

ABSENT: Deputy Mayor Carey

NAYS: None

2. Approving Executive Meeting Minutes for February 25, 2016

Councilman Guadagno made a motion to approve the Executive Meeting minutes for February 25, 2016. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

ABSENT: Deputy Mayor Carey

NAYS: None

F. COMBINED ACTION RESOLUTIONS

Item #10, Self Examination of Budget—Councilman Guadagno asked for an explanation. Manager Mountain explained that it is a year in which the township self-examines, so CFO Darren Maloney will examine the budget; this year it doesn’t go before a State review.

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
Mayor Hirniak

ABSENT: Deputy Mayor Carey

NAYS: None

1. Authorizing Award of a Portion of MCCPC Contract #22 (DPW Uniforms/Work Shoes/Boots) to Keyport Army Navy from March 10 - December 31, 2016

R-94-16

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), Category A (Purchase of DPW Uniforms); and

WHEREAS, bids had been advertised and received on February 25, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received; and

WHEREAS, Keyport Army Navy in Brick, New Jersey, was the lowest responsive and responsible bidder for Category A (Purchase of DPW Uniforms) in Contract #22 (DPW Uniforms/Works Shoes/Boots) for the items and prices shown on the attached Notification of Award.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC authorizes the award of Contract #22, Category A, to Keyport Army Navy for the term March 10, 2016 - December 31, 2016.

2. Refund Outside Tax Sale Certificate for Block 92, Lot 11, 19 Calais Road to FWDSL & Associates—$1,378.63

R-100-16

WHEREAS, Outside Tax Sale Certificate #2039 held by FWDSL & Assoc., assessed to Charles Martino, Block 92 Lot 11, 19 Calais Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $378.63, and premium in the amount of $1,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $1,378.63 to FWDSL & Assoc. holder of Tax Sale Certificate #2039.

3. Refund Overpayment of Taxes for Block 112, Lot 62, 6 Sparrow Road—$3,146.83

R-101-16

WHEREAS, William/Jayne Roche has overpaid 2016 taxes in the amount of $3,146.83 on Block 112, Lot 62, 6 Sparrow Road; 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 $3,146.83 to William/Jayne Roche.

4. Authorizing the Award of Contract for the Knights Bridge Pump Station Improvements—Rebid Project

R-103-16

WHEREAS, the Township of Randolph advertised for the Knights Bridge Pump Station Improvements-REBID project in accordance with Local Public Contracts Law and received bids on March 22, 2016; and

WHEREAS, 7 bids were received; and

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

Fred Devens Construction, Ringwood, NJ—Base Bid: $679,600.00; and
Rapid Pump & Meter Service Co, Inc., Paterson, NJ—Base Bid: $682,943.13; and
DeMaio Electrical Company, Inc., Hillsborough, NJ—Base Bid: $631,000.00; and
G.M.H. Associates of America, Inc., Trenton, NJ—Base Bid: $745,682.50; and
Reivax Contracting, Newark, NJ—Base Bid: $711,550.00; and
CFM Construction, Inc., Stirling, NJ—Base Bid: $581,300.00; and
CMS Construction Inc., Plainfield, NJ—Base Bid: $639,000.00; and

WHEREAS, the Engineer, the Engineering Administrator/W&S and the Purchasing Agent recommend the award of the contract to CFM Construction, Inc. as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Knights Bridge Pump Station Improvements-REBID project to CFM Construction, Inc. of Stirling, NJ.

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 CFM Construction, Inc. of Stirling, NJ for the Knights Bridge Pump Station Improvements-REBID project for the price of $581,300.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: March 31, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Sewer Capital Fund, Ordinance 14-13, Knight’s Bridge Pump Station Project and Ordinance 03-16, Knight’s Bridge Pump Station Project, to award a contract to CFM Construction, per its response to a Township bid solicitation.

Darren Maloney
Chief Financial Officer
Budget Accounts: 08-215-55-908-301 (not to exceed $471,150)
08-215-55-913-300 (not to exceed $110,150)

5. Authorizing a Contract with Additional Certain Approved State Contract Vendors for Various Items

R-104-16

WHEREAS, the Township of Randolph on February 11, 2016 via R 55-16 and on March 10, 2016 via R 92-16 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 additional State Contract Vendors; and

WHEREAS, the additional State Contract Vendors have 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 Vendors 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.

6. Refund Escrow Funds for Block 49, Lot 2.02, 331 Dover Chester Road to Verizon Wireless—$252.50

R-105-16

WHEREAS, the Planning and Zoning Department received escrow funds from Law Offices Hiering, Dupignac, Stanzione, Dunn & Beck, PC on behalf of New York SMSA Partnership d/b/a Verizon Wireless, for 331 Dover Chester Road, Randolph, NJ 07869, Block 49 Lot 2.02, and in the amount of $4,000.00; 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 $252.50 be refunded to Law Offices Hiering, Dupignac, Stanzione, Dunn & Beck, PC on behalf of New York SMSA Partnership d/b/a Verizon Wireless, 64 Washington Street, Toms River, NJ 08753.

Darren Carney, Planning & Zoning Administrator
Date:

7. Refund Outside Tax Sale Certificate for Block 176, Lot 51, 266 Washington Valley Road, to US Bank—$4,446.98

R-106-16

WHEREAS, Outside Tax Sale Certificate #2048 held US Bank for BV001 Trust, assessed to Arturo/Christina Ponce, Block 176, Lot 51, 266 Washington Valley Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $2,146.98 and premium in the amount of $2,300.00.

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 $4,446.98 to US Bank for BV001 Trust holder of Tax Sale Certificate #2048.

8. Authorizing Randolph Township to Provide Health Services to Mine Hill Township for 2016—$50,000 per year

R-111-16

WHEREAS, the Township of Mine Hill wishes to obtain Health Services of a technical and professional nature 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 Township of Mine Hill.

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

9. Authorizing Rescission of a Portion of MCCPC Contract #25 for Janitorial Supplies from Leigh Valley Janitorial Supply

R-112-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #25 (Janitorial Supplies); and

WHEREAS, bids had been advertised and received on April 23, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, Contract #25 (Janitorial Supplies) is awarded on a “line item” basis; and

WHEREAS, Lehigh Valley Janitorial Supply in Bethlehem, Pennsylvania, was awarded a portion of Contract #25 (Janitorial Supplies) on June 4, 2015; and

WHEREAS, it is stated in the General Terms and Conditions in all bid packages that vendors are required to maintain and provide proof of insurance for the term of the contract (July 1, 2015 - June 30, 2016); and

WHEREAS, the insurance certificate submitted by Lehigh Valley Janitorial Supply expired in January 2016; and

WHEREAS, several attempts were made by the MCCPC to obtain a copy of Lehigh Valley Janitorial Supply’s renewed insurance certificate, however Lehigh Valley is non-responsive as they did not provide a copy of a renewed insurance certificate; and

WHEREAS, it is recommended that Lehigh Valley Janitorial Supply be found in default of the contract and the award 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 Lehigh Valley Janitorial Supply in default of Contract #25 (Janitorial Supplies) and that the contract as previously awarded on June 4, 2015, be rescinded as stated above.

10. Self Examination of Budget

R-113-16

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 2016 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 contend 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.

11. Raffle License, On-Premise 50/50, Morris County Council of Education Association Philanthropic Fund, on May 25, 2016 at the Meadow Wood Manor from 6:00 p.m.to 8:00 p.m.

12. Raffle License, On-Premise 50/50, Tricky Tray and Bingo, Fernbrook Elementary School PTO, at the Randolph High School on May 13, 2016 from 6:00 p.m.- 11:00 p.m.

G. UPCOMING EVENTS

1. Relay for Life—April 13th at the Denville Municipal Building—6:00 p.m.- Mayor’s photo opportunity
2. Pancake Breakfast—Ironia Fire Company #4, 331 Dover Chester Rd, Randolph on April 17th from 7:30 a.m. to 11:30 a.m.—will benefit one of their own, Gail “Hop” Hopler who is hospitalized
3. Randolph Area Chamber of Commerce—Thursday, April 21st at 11:45 a.m. at La Strada Restaurant
4. Clean Communities Day—Saturday, April 30th at 8:30 a.m. at Town Hall
5. Habitat for Humanity—Hammer for Heroes—Saturday, June 4th from 9:00 a.m. to 2:00 p.m. at the Restore, 274 South Salem Street, Randolph
6. PTO Council Fundraiser—April 15th at the Hanover Marriott—doors open at 6 p.m., dinner starts at 7:30 p.m.

H. ORDINANCES: SECOND READING/PUBLIC HEARING

1. 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

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 read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance memorializes the township’s acquisition of a trail easement at the appraised value previously agreed upon for access on the Calais Road Farms’ property.

OPEN TO THE PUBLIC

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

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 passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to adopt the Ordinance. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

ABSENT: Deputy Mayor Carey

NAYS: None

2. 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

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE GRANTING CONSENT TO UTILIZE EASEMENT AREA” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance corrects an issue that was created when the builder of the Toll Brothers development ran into a large rock outcropping when excavating for the allowed driveway. The outcropping forced him to realign the driveway and the field; it put the driveway outside of the originally granted easement area. This Ordinance executes the necessary consent to align where the driveway is built with the proper easement access.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE GRANTING CONSENT TO UTILIZE EASEMENT AREA” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Loveys clarified that the township has no ownership of the conservation easement. Keli Gallo and Manager Mountain stated that the conservation easement is the township’s, but it doesn’t own the land. Councilman Loveys stated that any liability with respect to the driveway crossing the conservation easement is with the property owner; the Manager confirmed. Paul Ferriero will follow up with the two homeowners to ensure everything is done correctly.

Councilman Napoliello made a motion to accept the Ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

ABSENT: Deputy Mayor Carey

NAYS: None

I. INTRODUCTION OF THE 2016 MUNICIPAL BUDGET AND CAPITAL IMPROVEMENT PROGRAM

Mayor Hirniak noted that each Council member, as well as the public in attendance, has the yellow binder. He explained that Manager Mountain will discuss the budget, the Council will then discuss it, the Manager will then read the Resolution, and the Mayor will ask for a motion to introduce it, and then take a roll call.

Manager Mountain made the following comments:

• He thanked Darren Maloney for assembling the budget books, and for his efforts throughout the process.
• He thanked the staff for their cooperation throughout the process, as well as for their input.
• He thanked the Council for their support and guidance
• There are always tough decisions to make when drafting a budget. This year the decision making process was a little easier due to the strong financial position in which 2015 ended.
• The primary focus of this year’s budget was to maintain the high quality of service to which the residents are accustomed, and to invest back into the community support facilities, particularly the infrastructure.
• He believed the budget presented to the Council achieved these goals.
• He highlighted the following points:
  • The budget came in within the 2% cap levy and below the appropriation cap.
  • The total operating budget is $31,379,986.
  • The water and sewer budget is $6,346,178.
  • The budget as proposed contains no service reductions or major changes in staffing from 2015.
  • The township is in a stronger position than the beginning of 2015 due to a number of factors; the primary factor is the Council’s continued conservative policies with respect to financial management.
  • The township has benefitted from improved municipal revenues, and for the second consecutive year, some growth in the municipal tax base.
  • The appropriations in the 2016 budget are scheduled to remain relatively close to the levels in the prior year.
  • The greatest driver in this year’s budget is the funding set aside for infrastructure.
  • This budget contains an unprecedented investment in the roadways; the township is positioned well to do this because of the strong surplus. The budget contains $1,500,000 for road improvements.
  • There is $150,000 in funding to continue to replace the aging retaining walls.
  • The road improvements and the retaining wall projects will be funded in cash, and they will not increase the township’s debt position.
  • The Council agreed with the Manager and CFO’s recommendation to utilize surplus for non-recurring items, such as infrastructure improvements.
  • Balancing the proposed expenses in the 2016 budget, they are anticipating another year of continued stability on the revenue side of the budget, as well for the township ratable base. These trends, and the conservative budgeting should help to maintain the strong surplus position despite the heavy investments for the infrastructure.
  • The township’s strong financial position is also helping with managing tax appeals, which is forecast to continue into 2016. The township still faces several large tax appeals.
  • The 2016 budget calls for a tax increase of 1.3 cents, the lowest municipal increase in several years; this is an increase of 1.63%. The anticipated impact on the average assessed home value at $335,400 will be $40.21.
  • The water and sewer budget continues to be sound. For 2016, the water budget totals $3,185,941 and the sewer budget totals $3,160,237. Both funds are also carrying healthy fund balances; the water fund surplus is a result of aggressive leak detection, and a rate increase approved by the Council several years ago. The sewer fund surplus has been increased by design, in anticipation of several large capital improvement projects initiating in 2016. The surplus will be brought down in a planned manner.
• Randolph continues to maintain a AAA bond rating. This rating is a reflection of the township’s strong financial position.
• He is very pleased with the budget, it provides a good return for the dollars being invested. It comes at a reasonable impact on the municipal taxpayers.

Mayor Hirniak concurred with Manager Mountain’s acknowledgment of Darren Maloney. He also acknowledged Manager Mountain’s work on the budget.

Councilman Loveys concurred with Mayor Hirniak’s comments. He also commended the entire staff. He asked if the Council would be given the list of roads for overlay. Manager Mountain explained that the infrastructure committee would be meeting and reviewing the list; he will present it to the Council at an upcoming meeting.

Councilman Guadagno stated that the current Council, and prior Councils, put a lot of effort into the housing crisis, and Randolph has come out on top. He also stated that he is very proud of the budget.

MUNICIPAL BUDGET NOTICE

Section 1.

Municipal Budget of the Township of Randolph, County of Morris for the Fiscal Year 2016

Be it resolved, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2016.

Be it further resolved, that said Budget be published in the Randolph Reporter/Daily Record in the issue of April 7th, 2016.

Appropriations within Cap $25,074,028.69
Appropriations excluded from Caps $9,594,779.31
Reserve for Uncollected Taxes $3,057,356.00
Total General Appropriations $37,726,164.00
Less Anticipated Revenues Other Than Current Property Tax $16,800,613.87
Difference Amounts to be Raised by Taxes for Support of the Municipal Budget as follows:
Local Tax for Municipal Purposes Including Reserve for Uncollected Taxes $19,497,105.00
Addition to the Local District School Tax $0
Minimum Library Tax $1,428,445.13

Councilman Guadagno made a motion to introduce the 2016 Municipal Budget and Capital Improvement Program. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

ABSENT: Deputy Mayor Carey

NAYS: None

Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the Township of Randolph, County of Morris, on March 31st, 2016.

A Hearing on the Budget and Tax Resolution will be held at The Municipal Building, on May 5th, 2016 at 6:00 o’clock (P.M.) at which time and place objections to said Budget and Tax Resolution for the year may be presented by taxpayers or other interested persons.

J. DISCUSSION ITEMS

1. 2016 Housing Element and Fair Share Plan for Review by the New Jersey Superior Court Resolution #R-102-16

Manager Mountain explained that this Resolution approves the submittal of the 2016 Housing Element and Fair Share Plan for Review by the New Jersey Superior Court. The plan was prepared by the township’s planning consultant, Bob Michaels, and the Council has reviewed the plan. The plan was created addressing the housing obligation as calculated by the expert the township, and many other municipalities, is using, Econsult Solutions. The process is a little less formal than normal, it is by design as directed by the courts; the courts understand that the plan is being submitted, but there could be further changes depending on the court’s decision. The Resolution needs to be adopted by the Council and by the Planning Board; the Planning Board has already adopted the Resolution. If changes are required as a result of the court proceedings, the document can then be amended. When it is ready, it will then go through a regular public hearing process and be approved for final action.

Councilman Guadagno commented that, if the plan goes through, it will bring the population of Randolph to approximately 28,100 by 2025. He felt it was a very fair plan.

Councilman Guadagno made a motion to approve Resolution R-102-16. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

ABSENT: Deputy Mayor Carey

NAYS: None

R-102-16

WHEREAS, on March 10, 2015, the New Jersey Supreme Court issued its decision in In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (the “2015 Case”). In that decision, the New Jersey Supreme Court transferred primary jurisdiction over affordable housing matters from the New Jersey Council on Affordable Housing (“COAH”) to the New Jersey Superior Court and established a transitional process for municipalities, like the Township of Randolph, to file declaratory judgment actions seeking to declare their Housing Element and Fair Share Plans (“HEFSPs”) as being constitutionally compliant and seeking similar protections to what they would have received if they had continued to proceed before COAH; and

WHEREAS, pursuant to N.J.S.A. 52:27D-313 and the 2015 Case, the New Jersey Superior Court has the authority to enter an Order granting protection and repose against exclusionary zoning litigation to a municipality that is in compliance with its affordable housing obligations under the Fair Housing Act, N.J.S.A. 52:27D-301, et seq.; and

WHEREAS, on July 2, 2015, the Township of Randolph (“Township”) filed a declaratory judgment action with the New Jersey Superior Court seeking to declare its HEFSPs as being constitutionally compliant and seeking protection and repose against exclusionary zoning litigation for a ten (10) year period; and

WHEREAS, the Superior Court of New Jersey has ordered that municipalities that filed declaratory judgment actions must submit updated HEFSPs that address their affordable housing obligations as calculated by municipal experts; and

WHEREAS, the Township’s Planning Consultant, Robert A. Michaels, PP, AICP, has prepared an updated HEFSP dated March 14, 2016 that addresses the Township’s affordable housing obligation as calculated by its expert, Econsult Solutions, Inc. (“2016 HEFSP”); and

WHEREAS, since a decision has not yet been rendered on the methodology to calculate municipal affordable housing obligations, the New Jersey Superior Court advised that it is acceptable if the Planning Board does not undertake all of the formal, procedural requirements involved with adopting the 2016 HEFSP as an amendment to the 2006 Master Plan if the Planning Board instead adopts a Resolution accepting the 2016 HEFSP and commits to promptly comply with the formal, procedural requirements for the adoption of the 2016 HEFSP as an amendment to the 2006 Master Plan if the 2016 HEFSP is approved by the Court; and

WHEREAS, the New Jersey Superior Court also advised that approval by the Governing Body is required when submitting the 2016 HEFSP for review by the Court; and

WHEREAS, on March 21, 2016, the Planning Board of the Township of Randolph adopted a Resolution accepting the 2016 HEFSP and, if the 2016 HEFSP is approved by the Court, committing to promptly adopt the 2016 HEFSP as an amendment to the 2006 Master Plan of the Township of Randolph; and

WHEREAS, a true copy of the Resolution of the Planning Board accepting the 2016 HEFSP is attached hereto; and

WHEREAS, the Governing Body desires to approve the submission of the 2016 HEFSP accepted by the Planning Board to the New Jersey Superior Court.

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

1. The Township hereby approves the submission of the 2016 HEFSP accepted by the Planning Board for review by the New Jersey Superior Court; and
2. The Township hereby commits to endorse the 2016 HEFSP once the Planning Board formally adopts the same as an amendment to the 2006 Master Plan after receiving approval from the Court; and
3. The Township reserves the right to amend the 2016 HEFSP, if necessary, after the receipt of any decisions rendered by the New Jersey Superior Court regarding the methodology to calculate municipal affordable housing obligations.
4. The Mayor and Township Clerk, together with all other officers, professionals and employees of the Township are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.
5. This Resolution shall take effect immediately.

K. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road noted that she attended all the budget meetings, and that she felt the Council and the staff have done a fine job with the budget. She also attended all of the Board of Education budget meetings; however, they did not provide copies of the proposed budget at the meetings. Mrs. Stewart stated that she is not convinced that the school budget is a fair budget.

Judith Stewart also commented that the Annual Report has some things that need correcting.

Mrs. Stewart stated that she felt Randolph needs another grocery store since the A&P closed. She felt the Economic Development Committee needed to get involved; she asked that the Council liaison discuss this at the next meeting. Mayor Hirniak asked Manager Mountain to update the Council on the status. The Manager explained that he and Darren Carney have been in constant contact with the owner of the shopping plaza. He could not divulge all of the conversations; however, he reported that the owner is close to an agreement with a grocer.

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

L. COUNCIL COMMENTS

Councilman Guadagno again stated that he felt that Randolph has done a great job in improving, from the housing collapse years ago to now.

Councilman Napoliello stated that it’s good for Randolph that the owner of the plaza is looking for another grocer to replace the former A&P.

Councilman Loveys attended a MAC meeting. Officer Gould mentioned that the medication drop box for Clean Communities Day will be at Acme this year; Randolph police officers and member of the Prosecutor’s Office will be there. Councilman Loveys also reported that Council members and Manager Mountain will be receiving a letter from Chairperson, Liz Ritter, regarding the township having a medication drop box more often than twice per year. He noted that the Manager had spoken at a previous Council meeting about the possibility of having a drop box four times per year. Manager Mountain reported that Chief Stokoe is currently working with the Prosecutor’s Office to establish at least two more drop off dates for the year. One date they are working toward is the Senior Picnic; they would like to have the drop boxes on a quarterly basis. Councilman Loveys also reported that the MAC sponsored a speaker at the last Senior Club meeting; the feedback was very positive.

Councilman Loveys reported the TAC will be meeting the following week. He reminded everyone that April is Distracted Driver Awareness month. Nationally, one week is designated, but Chief Stokoe and the Police Department are taking it further and will increase enforcement and education throughout the entire month.

Councilman Loveys also reported that he attended the Share the Keys program. He felt the attendance was very good, and he thought Municipal Judge, Ira Cohen, did a great job. The next Share the Keys program will be on May 2nd.

Councilwoman Veech attended the Wildlife Committee meeting. She reported that there were 70 permits issued for the deer hunt. She read some of the comments from the hunters which indicated that they didn’t see many deer, they mostly saw bears, and some fox and coyotes. Councilwoman Veech reported that the 2014-2015 harvest was 348 deer; the 2015-2016 harvest was 195 deer. There were also 82 deer brought in from motor vehicle accidents this year; last year there were 123. They approximate the deer herd to be between 650 and 675; the deer population is down. Per the state, there should be 7 deer per square mile.

Mayor Hirniak reported the following:

• He and Deputy Mayor Carey attended Congressman Frelinghuysen’s breakfast on March 11th. On behalf of the fire department and the Township Council, he asked the Congressman to support the tax deduction legislation regarding first responders. Congressman Frelinghuysen felt the best way to support it would be for the Council to pass a Resolution, and to encourage other volunteer fire departments in the 11th Congressional District to do the same. Councilman Forstenhausler will work with Chief Cohrs, and Deputy Chief Moschella, to encourage their colleagues in other fire departments. Congressman Frelinghuysen supports the legislation. Councilman Forstenhausler added that he spoke to Donna Luciani and the fire Chiefs, and they are working on the Resolution. He also spoke to a Fire Chief in Essex County, which is also part of the 11th Congressional District. Once the Resolution is created, Councilman Forstenhausler will email it to the Chief in Essex County.
• On March 13 he attended an Eagle Court of Honor at the Community Center for two scouts. He invited both scouts to attend an upcoming Council meeting.
• March 16 he joined former Mayor Obremski at a legislative luncheon at the Park Savoy. Speakers included Assemblyman Vincent Prieto, a democrat, and Republican leader Jon Bramnick.
• Later on March 16, he and several other Council members attended the Brightview grand opening.
• On March 17 he attended the Randolph Chamber of Commerce luncheon. Appraisal Systems, and Tax Assessor Glen Sherman, made presentations. He commended Glen Sherman for his presentation.
• He attended the Planning Board meeting on March 21; the Fair Share Plan was approved.
• On March 22 he and Councilman Napoliello attended the MAC presentation by Dr. Matt Bellace at RMS. He felt that Dr. Bellace is an amazing speaker. Councilman Napoliello added that Dr. Bellace was well received by the students. Councilman Loveys added that one six grader was so moved by the program that his mother emailed Dr. Copeland about how wonderful the program was.
• He received a letter from an 8 year old who lives on Franklin Road, at the corner of Reed Street, about concerns she had about speeding at her bus stop and litter on her street. With Manager Mountain’s help, he drafted a response letter. On March 22, he, Manager Mountain, and Officer Biase met with the family and presented Kiera, and her sister Mia, with Township pins. They toured the family’s property; the home is now on the Clean Communities list, and there is a traffic monitoring device on Franklin Rd. They also looked into moving the bus stop. The family was very pleased at the township’s response.
• Councilman Loveys attended a retirement event in the Mayor’s absence.
• On March 30 he and Councilwoman Veech attended the Parks Master Plan steering committee meeting.

M. 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:

Acquisition of Open Space
Land Acquisition—Block 81, Lot 29.31—32 Wilkeshire Blvd.
Discussion—Manager’s Salary

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 8:20 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
Mayor Hirniak

ABSENT: Deputy Mayor Carey

NAYS: None

Councilman Guadagno made a motion to close the Executive Session at 9:30 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
Mayor Hirniak

ABSENT: Deputy Mayor Carey

NAYS: None

N. ADJOURNMENT

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

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

ABSENT: Deputy Mayor Carey

NAYS: None