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

Minutes: May 2, 2019

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 5:30 p.m. by Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on November 29, 2018 by emailing them the annual resolution adopted by the Council on November 1, 2018. 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 6, 2018. The time change for this meeting was sent to the Randolph Reporter and the Daily Record on April 25, 2019 and placed on the Randolph Township website on April 26, 2019.

2. Roll Call

PRESENT:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

Also present: Township Manager Mountain and Attorney Ed Buzak from the Buzak Law Group

3. Pledge of Allegiance

Mayor Loveys led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Leslie Moran of 42 Oak Lane distributed information on Gun Violence Awareness Day. She stated that she spoke at a 2017 Council meeting about a proclamation and understood the Council does not do that; she just wanted to elevate the conversation. Gun Violence Awareness Day originated after Hadiya Pendleton was shot and killed in Chicago, just one week after participating in President Obama’s second inauguration. Ms. Moran stressed that it is a non-partisan issue and expressed that one can support good gun legislation and also support the second amendment; they are not incompatible. She explained the reason why gun safety matters to her personally. She explained that 2/3 of gun deaths are from suicide. Ms. Moran thanked the Council for listening, and was thankful for the strong gun laws in New Jersey, but they will not protect residents as long as neighboring states do not have similar laws. She is grateful for the support of the Morris County Chiefs of Police. Ms. Moran reported that it has been seven years since Sandy Hook school shooting, and that there are 100 gun deaths per day in the country.

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

C. MANAGER’S REPORT

Manager Mountain did not have a report.

D. APPROVAL OF MEETING MINUTES

1. Approval of Budget Meeting Minutes for February 16, 2019

2. Approval of the Regular Meeting Minutes for February 21, 2019

Councilwoman Potter noted that Ella Ravin was misspelled in the February 16, 2019 minutes; it should be spelled Ela Ravin.

Councilwoman Potter made a motion to approve the minutes of the February 16, 2019 Council budget meeting and the February 21, 2019 regular meeting. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey (abstain for February 16, 2019)
Mayor Loveys

NAYS: None

E. COMBINED ACTION RESOLUTIONS

1. Refund Road Opening Cash Bond for the Purpose of Re-Paving the Driveway at 2 Bayberry Lane, Block 150, Lot 1 to Susan Zimmerman—$500.00

R-103-19

WHEREAS, the Engineering Department has received a request from Susan Zimmerman for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 2 Bayberry Lane, Randolph, NJ 07869 (BL 150/L 1); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 30, 2018; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the driveway at 2 Bayberry Lane, Randolph, NJ 07869, within the Township Right of Way; and

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, former Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Susan Zimmerman at 2 Bayberry Lane, Randolph, NJ 07869.

2. Authorizing Award of MCCPC Contract #34 for Tree Spraying to Arborist Services by Dujets, Inc.—$125.00 per Hour for a Two-Year Term

R-104-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #34 (Tree Spraying); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received; and

WHEREAS, Arborist Services by Dujets, Inc. in Woodland Park, New Jersey, is the lowest responsive and responsible bidder at the rate of $125.00 per hour for a two-year term.

3. Authorizing Award of the MCCPC Contract #45—Septic Pumping/Sludge Removal and Disposal Services/Pump Station Wet Well Pumping/Pump Station Bypass Pumping to Residuals Management Service, LLC (dba Earthcare)

R-105-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #45 (Septic Pumping/Sludge Removal & Disposal Services/Pump Station Wet Well Pumping/Pump Station Bypass Pumping); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received; and

WHEREAS, Residuals Management Services, LLC (dba Earthcare) in Vernon, New Jersey, is the lowest responsive and responsible bidder for all categories as shown on the attached Notification of Award for a two-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #45 (Septic Pumping/Sludge Removal & Disposal Services/Pump Station Wet Well Pumping/Pump Station Bypass Pumping) to Residuals Management Services, LLC (dba Earthcare) as noted above for the term July 1, 2019 - June 30, 2021.

4. Authorizing the Award of MCCPC Contract #47—Water Meters/Data Recorders & Radio Frequency Meter Interface Units to Core & Main LP for Categories A, D (II) and G (II) and Rio Supply, Inc. for Categories B, D (I), E, F, G (I) and H

R-106-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #47 (Water Meters/Data Recorders & Radio Frequency Meter Interface Units); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received; and

WHEREAS, Core & Main LP in Edison, New Jersey, is the lowest responsive and responsible bidder for the items and prices in Categories A, D (II) and G (II) as shown on the attached Notification of Award for a one-year term; and

WHEREAS, Rio Supply, Inc. in Sicklerville, New Jersey, is the lowest responsive and responsible bidder for the items and prices in Categories B, D (I), E, F, G (I) and H as shown on the attached Notification of Award for a one-year term; and

WHEREAS, there were no bids for Category C.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #47 (Water Meters/Data Recorders & Radio Frequency Meter Interface Units) to Core & Main LP and Rio Supply, Inc. as noted above for the term July 1, 2019 - June 30, 2020.

5. Authorizing Award of MCCPC Contract #50—Fire Department Uniforms to Turn Out Uniforms

R-107-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #50 (Fire Department Uniforms—Purchase); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received; and

WHEREAS, Turn Out Uniforms in Paterson, New Jersey, is the lowest responsive and responsible bidder for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #50 (Fire Department Uniforms—Purchase) to Turn Out Uniforms as noted above for the term July 1, 2019 - June 30, 2020.

6. Authorizing Award of MCCPC Contract #29 for Pest Control Services to E&G Exterminators, Inc. and Rejecting the Bid Submitted by Anchor Pest Control

R-108-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #29 (Pest Control Services—Buildings); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received; and

WHEREAS, Contract #29 is awarded to the lowest responsive and responsible bidder based upon the lowest rate per hour; and

WHEREAS, the bid submitted by Anchor Pest Control in East Brunswick, New Jersey, did not contain any signatures on the six mandatory forms contained in the bid package which is a mandatory non-waivable, non-curable defect and their bid must be rejected as non-responsive; and

WHEREAS, E&G Exterminators, Inc. in South Amboy, New Jersey, is the lowest responsive and responsible bidder as shown on the attached Notification of Award for a two-year term.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #29 (Pest Control Services—Buildings) to E&G Exterminators, Inc. as noted above for the term July 1, 2019 - June 30, 2021.

7. Authorizing Award of MCCPC Contract #46 for Preventative Maintenance/Repair of Emergency Generators to Atlantic Switch & Generator, LLC and Rejecting Bids Submitted by FM Generator and Warshauer Generator

R-109-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #46 (Preventive Maintenance/Repair of Emergency Generators); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received; and

WHEREAS, Contract #46 is awarded by county to the lowest responsive and responsible bidder based upon the lowest annual preventive maintenance price per generator; and

WHEREAS, the bid submitted by FM Generator in Canton, Massachusetts, did not contain a Consent of Surety for the required performance bond which is a mandatory non-waivable, non-curable defect and their bid must be rejected as non-responsive; and

WHEREAS, the bid submitted by Warshauer Generator, LLC in Tinton Falls, New Jersey, did not contain a Consent of Surety for the required performance bond which is a mandatory non-waivable, non-curable defect and their bid must be rejected as non-responsive; and

WHEREAS, Atlantic Switch & Generator, LLC in Hainesport, New Jersey, is the lowest responsive and responsible bidder for the cost of annual preventive maintenance per generator for all counties as shown on the attached Notification of Award for a two-year term.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #46 (Preventive Maintenance/Repair of Emergency Generators) to Atlantic Switch & Generator, LLC as noted above for the term July 1, 2019 - June 30, 2021.

8. Authorizing Award of MCCPC Contract #13-B—Fire Water Pumps on Motorized Fire Apparatus to Campbell Supply Company, LLC

R-110-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #13-B (Fire Water Pumps on Motorized Fire Apparatus); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received; and

WHEREAS, Campbell Supply Company, LLC in Monroe, New Jersey, is the lowest responsive and responsible bidder for the items and prices as shown on the attached Notification of Award for a two-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #13-B (Fire Water Pumps on Motorized Fire Apparatus) to Campbell Supply Company, LLC as noted above for the term July 1, 2019 - June 30, 2021.

9. Authorizing Award of MCCPC Contract #30—Office Paper Supplies to Paper Mart, Inc.

R-111-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #30 (Office Paper Supplies); and

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received; and

WHEREAS, Contract #30 (Office Paper Supplies) is awarded on a line item basis; and

WHEREAS, Paper Mart bid two different brands for Item #7 which is not allowed, therefore their bid for that item must be rejected; and

WHEREAS, Paper Mart, Inc. in East Hanover, New Jersey, and WB Mason Company, Inc. in Secaucus, New Jersey, are the lowest responsive and responsible bidders for the items and prices as shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #30 (Office Paper Supplies) to Paper Mart, Inc. and WB Mason Company, Inc. as noted above for the term July 1, 2019 - June 30, 2020.

10. Authorizing Award and Rejection of MCCPC Contract #10—Lumber, Insulation, Hardware, Paint, and Paint Supplies for Various Categories to Various Bidders

R-112-19

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

WHEREAS, bids had been advertised and received on April 4, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received; and

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

WHEREAS, vendors are required to provide brand and/or manufacturer information for various items specified on the Bid Proposal Pages and that bids will be rejected for those categories that do not include the brand and/or manufacturer information; and

WHEREAS, the bid specifications state that bidders are to bid on all items within the categories they are bidding; and

WHEREAS, the bid submitted by Continental Hardware in Newark, New Jersey, was missing Page 6 of the Bid Proposal Pages, which contains portions of Category E and Category F and therefore their bid for those categories must be rejected as non-responsive; and

WHEREAS, Extech Building Materials (dba Liberty Building Products) in Newark, New Jersey, did not bid on all items in Category E and therefore their bid for that category must be rejected as non-responsive; and

WHEREAS, there were no other bidders for Category E, therefore there will be no award of this category; and

WHEREAS, the bid submitted by Feldman Lumber US—LBM, LLC in Brooklyn, New York, did not contain the required brand and/or manufacturer information for the items in Categories C and F and therefore their bid for those categories must be rejected as non-responsive; and

WHEREAS, the following bidders were the lowest responsive and responsible bidders for the items and prices shown on the attached Notification of Award for a one-year term:

Category A: Feldman Lumber US—LBM, LLC (Brooklyn, NY)
Category B: Continental Hardware (Newark, NJ)
Category C: Continental Hardware (Newark, NJ)
Category D: Continental Hardware (Newark, NJ)
Category E: No Award
Category F: Extech Building Materials (dba Liberty Building Products) (Newark, NJ)
Category G: Continental Hardware (Newark, NJ)
Category H: Continental Hardware (Newark, NJ)
Category I: Continental Hardware (Newark, NJ)
Category J: The Sherwin Williams Company (Edison, NJ)
Category K: The Sherwin Williams Company (Edison, NJ)

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of, and hereby rejects, the bids submitted for Contract #10 (Lumber, Insulation, Hardware, Paint and Paint Supplies) by Continental Hardware for Categories E and F, Extech Building Materials (dba Liberty Building Products) for Category E, and Feldman Lumber for Categories C and F for the reasons noted above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #10 (Lumber, Insulation, Hardware, Paint and Paint Supplies) to Feldman Lumber US-LBM, LLC, Continental Hardware, Extech Building Materials (dba Liberty Building Products) and The Sherwin Williams Company as noted above for the term July 1, 2019 - June 30, 2020.

11. Refund Tax Sale Certificate for Block 42, Lot 122.105, 105 Arrowgate Drive to Jing Yan—$5,087.34

R-113-19

WHEREAS, Tax Sale Certificate #17-07 held by Jing Yang, and currently assessed to Omo Fatiregun and known as, Block 42 Lot 122.105 and also known as 105 Arrowgate Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Corelogic on behalf of Rushmore Loan mortgage holder of the property. The redemption includes principal and interest in the amount of $2,987.34. There is also a premium due in the amount of $2,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $5,087.34 to Jing Yang lien holder of Tax Sale Certificate #17-07.

12. Refund Tax Sale Certificate for Block 42, Lot 122.16, 16 Arrowgate Drive to Cazenovia Creed Funding II, LLC—$5,647.26

R-114-19

WHEREAS, Tax Sale Certificate #18-06 held by Cazenovia Creed Funding II, LLC, and currently assessed to Gregori J. and Cynthia V. Morriello and known as, Block 42 Lot 122.16 and also known as 16 Arrowgate Drive; and,

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Gregori J. and Cynthia V. Morriello owner of the property. The redemption includes principal and interest in the amount of $2,347.26. There is also a premium due in the amount of $3,300.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $5,647.26 to Cazenovia Creed Funding II, LLC for Tax Sale Certificate #18-06.

13. Authorizing the Award of Professional Services Agreement—PSA—to Ferriero Engineering, Inc. for Engineering Services During the Construction Phase of Meadowbrook Road Water Main Replacement/Road Improvement—Section 1 Project—Not to Exceed $39,250.00

R-115-19

WHEREAS, the Township of Randolph (“Township”) requires engineering services during the construction phase of the Meadowbrook Road Watermain Replacement/Road Improvement—Section 1 project until the project is fully completed; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and

WHEREAS, the Township has agreed to retain Ferriero Engineering, Inc. located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary engineering services during the construction phase of the Meadowbrook Road Watermain Replacement/Road Improvement—Section 1 project for a total amount not to exceed $39,250; and

WHEREAS, the fees are as noted in the attached proposal and will remain as stated for the term of this contract; and

WHEREAS, the term of this contract is until the project is fully completed; and

WHEREAS, the contract with Ferriero Engineering, Inc. is for a total amount not to exceed $39,250 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Ferriero Engineering, Inc. has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Ferriero Engineering, Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services from account #06-215-55-916-602; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hereby hires, employs and retains Ferriero Engineering, Inc. having an office at PO Box 571, 180 Main St, Chester, NJ 07930 to provide engineering services during the construction phase of the Meadowbrook Road Watermain Replacement/Road Improvement—Section 1 project until the project is fully completed.
Ferriero Engineering, Inc. shall be compensated for a total contract amount not to exceed $39,250.
The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 2, 2019

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 Water Capital Fund, Ordinance 13-18, Meadowbrook Road Water Improvements, to award a contract to Ferriero Engineering for inspection services, per its proposal to the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 06-215-55-916-602 (not to exceed $39,250)

14. Authorizing Contracts with Additional Approved ESCNJ Contract Vendors Under the Educational Services Commission of NJ Cooperative Pricing System Pursuant to N.J.S.A. 40A:11-11(5)

R-116-19

WHEREAS, the Township of Randolph (“Township”) 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 January 17, 2019 via R 31-19 authorized contracts with certain approved ESCNJ Contract Vendors; and

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

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

WHEREAS, the Township anticipates entering into contracts in excess of $17,500, the cost of which either individually or in the aggregate may exceed the prevailing bid threshold, with the attached referenced ESCNJ Contract Vendors through this resolution and properly executed purchase orders/contracts, which shall be subject to all the conditions applicable to the current ESCNJ contracts, but only to the extent that such purchases do not exceed duly authorized budget appropriations for each category of purchases/expenditures.

NOW, THEREFORE, BE IT RESOLVED that the Township authorizes the Qualified Purchasing Agent to purchase certain goods and services, the cost of which either individually or in the aggregate may exceed the prevailing bid threshold, from those approved ESCNJ 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 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 and the referenced ESCNJ Contract Vendors shall be until December 31, 2019 or upon expiration of the vendor’s contract whichever is first.

15. Authorizing Contracts with an Additional Approved State Contract Vendor for Contracting Units Pursuant to N.J.S.A. 40A:11-12a

R-117-19

WHEREAS, the Township of Randolph (“Township”) pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c), may, by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

WHEREAS, the Township of Randolph on January 17, 2019 via R 29-19 authorized contracts with certain approved State Contract Vendors; and

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

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

WHEREAS, the Township anticipates entering into contracts in excess of $17,500, the cost of which either individually or in the aggregate may exceed the prevailing bid threshold, with the attached Referenced State Contract Vendors through this resolution and properly executed purchase orders/contracts, which shall be subject to all the conditions applicable to the current State contracts, but only to the extent that such purchases do not exceed duly authorized budget appropriations for each category of purchases/expenditures.

NOW, THEREFORE, BE IT RESOLVED, that the Township authorizes the Qualified Purchasing Agent to purchase certain goods and services, the cost of which either individually or in the aggregate may exceed the prevailing bid threshold, from those 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 duration of the contracts between the Township and the Referenced State Contract Vendors shall be until December 31, 2019 or upon expiration of the vendor’s contract whichever is first.

16. 2018 LOSAP Benefit to be Paid in 2019—Volunteer Fire Department and Volunteer Rescue Squad

R-118-19

WHEREAS, the Randolph Township Fire Department and Rescue Squad have both submitted the attached list of volunteers who qualify for the 2018 LOSAP Benefit, which is paid in 2019; and

WHEREAS, this list have been reviewed by the Director of Finance and found to be accurate.

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:

The Fire Department and Rescue Squad shall both post this list in their administrative offices for a period of 30 days to allow sufficient time for membership review.
This list shall also be posted at the office of the Township Clerk while the Fire Department and Rescue Squad shall post this list at each township fire station and each township rescue station.
This Resolution shall take effect immediately.

17. Refund Portion of $990.00 Teen Camp Registration due to Conflicts in the Family’s Schedule to Michael Behar—$890.00

R-119-19

WHEREAS, Michael Behar registered his child for the Teen Camp program and paid the fee of $990.00; and

WHEREAS, his child will not be attending due to conflicts in their schedule.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $ 890.00 be refunded to Michael Behar, 11 Fawn Hill Ct. Randolph, NJ 07869.

18. Approving the Modification of Section 5D of a Memorandum Dated March 12, 2014, Appended to Resolution No. 93-14

R-120-19

WHEREAS, by Resolution No.#93-14 adopted by the Township Council (“Township”) on March 13, 2014, the Township appointed Stephen P. Mountain (“SPM”) as Township Manager of the Township of Randolph and set forth the initial terms of employment in a March 12, 2014 Memorandum (“2014 Memorandum”); and

WHEREAS, as part of the annual performance review of SPM as required under the terms of employment, the Township Council desires to modify Section 5D of the 2014 Memorandum as more specifically set forth in a Memorandum dated May 1, 2019 on file in the office of the Township Clerk.

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

The terms and conditions set forth in the May 1, 2019 Memorandum from Mayor James Loveys and the Township Council to Stephen P. Mountain are hereby approved, ratified and confirmed.
The Mayor is hereby authorized and directed to execute said Memorandum and the Mayor and Township Clerk, along with all other appropriate officers, employees and agents 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.

19. Raffle License, On-Premise 50/50, Slattery Irish Dance Foundation, Inc., on June 15, 2019 from 4:00 p.m. to 7:00 p.m. at the Randolph High School, 511 Millbrook Ave, Randolph

20. Raffle License, Tricky Tray, Slattery Irish Dance Foundation, Inc., on June 15, 2019 from 4:00 p.m. to 7:00 p.m. at the Randolph High School, 511 Millbrook Ave, Randolph

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

F. UPCOMING EVENTS

New Residents Meeting, Thursday, May 2, 2019 at 7:00 p.m. at the Municipal Building
Randolph MAC Healthy Body, Healthy Mind Expo on Saturday, May 4 from 11:00 a.m. - 2:00 p.m. at the Community Center
Trail Wayfinding and Signage Implementation Day at Freedom Park, Saturday, May 4 at 10:00 a.m. RSVP to .(JavaScript must be enabled to view this e-mail address)—rain date May 11
Library Event: Viva Vallenato! on Sunday, May 5 at 2:00 p.m., registration required, 973-895-3556
Randolph Community Garden Lecture: Garden to Fork, Monday, May 6 at 7:00 p.m. at the Library
Morris County Chamber of Commerce and Economic Development Corporation Networking Evening, Wednesday, May 8 from 5:00 p.m. - 7:00 p.m. at the Morris County School of Glass, 89 Whippany Road, Morris Township. Registration required: .(JavaScript must be enabled to view this e-mail address). Cost is $35
Acme Grand Re-Opening, Friday, May 10 at 9:00 a.m., Millbrook Avenue and Sussex Turnpike
Gordon Raupp/Kiwanis Fishing Derby, Saturday, May 11 from 7:30 a.m. - 10:30 a.m. Randolph Park, 43 Green Lane
17th Annual Student Art Show, Saturday, May 11 from 4:30 p.m. - 6:00 p.m. at Artworks Studio, 502 Millbrook Avenue
4th Annual “Cissy Laureys” Award and Recognition Ceremony, Monday, May 13 from 10:00 a.m. - 12:00 p.m. at the Frelinghuysen Arboretum
Bench Dedications, Tuesday, May 14, 6:00 p.m. at the Randolph Museum for Isadore Rosenfarb and at 6:30 p.m. at Heistein Park for Kurt J. Buckner
2019 Annual Community Iftar on Wednesday, May 15 from 6:30 p.m. - 8:00 p.m., at The Islamic Center of Morris County, 1 Mannino Dr, Rockaway, RSVP https://tinyurl.com/icmciftar
Randolph Area Chamber of Commerce Luncheon: “Increase your Website’s Visibility with SEO Content,” Thursday, May 16 at 11:45 a.m. at LaStrada Restaurant, 1105 Route 10 East
Randolph Arts in the Park, Saturday, May 18 from 11:00 a.m. - 5:00 p.m. at the Community Center and Library Complex
Grand Opening & Ribbon Cutting: Integrated Therapeutic Group (ITG), Monday, May 20 at 6:30 p.m., at ITG, 319 Quaker Church Road
VFW Memorial Day ceremony, Monday, May 27 at 11:00 a.m. at VFW Post 7333, 103 Carrell Road
4th Annual Mission Gratitude event honoring first responders, Saturday, June 15 from 10:00 a.m. - 12:00 p.m., at Pediatric Dental Associates of Randolph, 390 Route 10
Randolph Library Event: Brynn Stanley & Dan Crisci: Interpretations of Classic American Standards, Sunday, June 9 at 2:00 p.m. Registration required: 973-895-3556

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 07-19 Amending Ordinance No. 05-18 to Provide and Determine the Range of Compensation for Specified Officers and Employees

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-18 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance sets the 2019 salary ranges for all employees that are not part of the teamsters or the police contract.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 05-18 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

2. Ordinance No. 08-19 Amending Ordinance No. 19-15 and to Provide and Determine the Range of Compensation in Accordance with the Teamsters Collective Bargaining Agreement Effective January 1, 2018

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 19-15 AND TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION IN ACCORDANCE WITH THE TEAMSTERS COLLECTIVE BARGAINING AGREEMENT EFFECTIVE JANUARY 1, 2018 IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance addresses the amendment to the existing Teamsters range of salaries. There are no changes to the ranges; there is a change to the stipend, which actually went down.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING ORDINANCE NO. 19-15 AND TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION IN ACCORDANCE WITH THE TEAMSTERS COLLECTIVE BARGAINING AGREEMENT EFFECTIVE JANUARY 1, 2018 IN THE TOWNSHIP OF RANDOLPH” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

3. Ordinance No. 09-19 Appropriating $558,000 an Authorizing the Issuance of $506,350 Bonds or Notes of the Township for Various Improvements or Purposes Authorized to be Undertaken by the Township of Randolph

BE IT RESOLVED, that an Ordinance entitled “BOND ORDINANCE APPROPRIATING $558,000, AND AUTHORIZING THE ISSUANCE OF $506,350 BONDS OR NOTES OF THE TOWNSHIP, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is the only bond ordinance associated with the capital program for this year. It’s covering DPW equipment and vehicles associated with the volunteer fire department.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “BOND ORDINANCE APPROPRIATING $558,000, AND AUTHORIZING THE ISSUANCE OF $506,350 BONDS OR NOTES OF THE TOWNSHIP, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

4. Ordinance No. 10-19 Appropriating $1,035,500 from the Capital Improvement Fund for Various 2019 Capital Improvements

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,035,500 FROM THE CAPITAL IMPROVEMENT FUND FOR VARIOUS 2019 CAPITAL IMPROVEMENTS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance provides the cash funding for the majority of the 2019 capital program for general acquisitions.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,035,500 FROM THE CAPITAL IMPROVEMENT FUND FOR VARIOUS 2019 CAPITAL IMPROVEMENTS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech asked for clarification on the pedestrian crossing upgrade. Manager Mountain replied that it is the crossing on Sussex Turnpike at Church Road.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

5. Ordinance No. 11-19 Appropriating $415,000 from the Recreation/Open Space Trust Fund for Various 2019 Parks and Recreation Capital Improvements

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $415,000 FROM THE RECREATION/OPEN SPACE TRUST FUND FOR VARIOUS 2019 PARKS AND RECREATION CAPITAL IMPROVEMENTS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is a cash ordinance with funding from the Open Space/Recreation Trust; the projects are all part of the recommendations from the 2016 Parks and Recreation Master Plan.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $415,000 FROM THE RECREATION/OPEN SPACE TRUST FUND FOR VARIOUS 2019 PARKS AND RECREATION CAPITAL IMPROVEMENTS” 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.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

6. Ordinance No. 12-19 Appropriating $260,000 from the Capital Improvement Fund for 2019 Water/Sewer Capital Improvements

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $260,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2019 WATER/SEWER CAPITAL IMPROVEMENTS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is a cash ordinance with funding from the Water and Sewer utility funds; the projects were those recommended for 2019.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $260,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2019 WATER/SEWER CAPITAL IMPROVEMENTS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

7. Ordinance No. 13-19 Appropriating $340,000 including $122,500 from the General Capital Improvement Fund and $217,500 due from a New Jersey Department of Transportation Grant for Improvements to Brookside Road

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $340,000, INCLUDING $122,500 FROM THE GENERAL CAPITAL IMPROVEMENT FUND AND $217,500 DUE FROM A NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR IMPROVEMENTS TO BROOKSIDE ROAD” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance provides the funding for the state aid project that the township was awarded by the NJ DOT for Brookside Road. It includes the local match as well as the receivable for the state grant.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $340,000, INCLUDING $122,500 FROM THE GENERAL CAPITAL IMPROVEMENT FUND AND $217,500 DUE FROM A NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR IMPROVEMENTS TO BROOKSIDE ROAD” 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 Forstenhausler made a motion to adopt the ordinance. Councilman Nisivoccia seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

8. Ordinance No. 14-19 Appropriating $1,200,000 from the Capital Improvement Fund for the 2019 Road Overlay Program

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,200,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2019 ROAD OVERLAY PROGRAM” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance is the cash ordinance funding the 2019 road resurfacing program.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,200,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2019 ROAD OVERLAY PROGRAM” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech suggested that having the additional sections of roadways that the County is paving below the list of streets the township is paving would be a good way to look at the total picture. Manager Mountain replied that he could do that, but it would have to be in a different mechanism and not part of the ordinance. He will distribute a list that would also include the County work as well as the roads being resurfaced through state aid funding.

Councilman Forstenhausler added that he felt the road overlay program has been very good for the past couple of years, and was happy that it was funded with cash. Council members have heard from quite a few residents that the roads have been in good shape.

Councilman Forstenhausler made a motion to adopt the ordinance. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

H. ORDINANCES: INTRODUCTION

1. Ordinance No. 15-19 Amending Sections 15-2.2 and 15-41 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey Regarding Portable Storage Containers

PULLED

Manager Mountain explained that a resident attended a previous Council meeting and had pictures of a shipping container on a neighbor’s property. There have been other such containers that have popped up in the township over the years. After discussion with the Zoning Department and Attorney Ed Buzak’s office, it was determined that it was an appropriate time to establish a better set of parameters for the use of these types of storage containers. The ordinance establishes parameters for a temporary installment of one of these containers; it prohibits the permanent use of them, and clarifies the limits to the amount of time the container can be in place.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-2.2 AND 15-41 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY REGARDING PORTABLE STORAGE CONTAINERS” 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 16th of May 2019 at 7:00 p.m. 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 asked about Item 12F, the size of the container. She asked how large the POD units are compared to the dimensions in the ordinance; Manager Mountain replied that they are smaller. She also noted that the wording was “storage containers,” and asked for clarification that it does not include dumpsters. The Manager replied that the ordinance contains language that reflects that storage containers does not mean dumpsters. Councilwoman Veech asked for clarification on Item 12A regarding the wording, “validly issued construction permit” and the wording in 12B. Manager Mountain explained that the construction permit would allow someone to have a container for longer than the temporary permit would allow. The wording “validly issued construction permit” means that if such a permit is issued, they could have the container there for the extent of the construction and defines what needs to be done to keep the permit active. Anyone who does not have a construction permit and is using a container for temporary storage would be allowed to have it for 15 days; if they wish to exceed the 15 days, they would have to seek a permit for extension which would allow them up to 30 additional days. Councilwoman Veech asked what would happen after 30 days. The Manager replied that they would no longer be allowed to utilize the storage container and it would have to be removed. Councilwoman Veech clarified that the Zoning Officer would start fining them; Manager Mountain stated that it would, and the fines are the township’s standard fines which allow the judge discretion.

Councilwoman Potter asked if this includes containers that are on wheels, such as one for a landscape business. Manager Mountain clarified that she meant a landscape trailer; he replied that he did not see language that would include a landscape trailer, but it was intended for containers that are stationary. Attorney Buzak agreed with Manager Mountain. Councilwoman Potter asked if there needed to be language indicating that it does not have wheels. The Manager felt that if the ordinance is silent on it, then it conveys that if it is a trailer and not a structure, it would not be covered by this ordinance. He explained that it was up to the Council if they wanted to expand the ordinance; his opinion was that it then becomes a different category, with storage equipment. There are regulations in place that restrict someone from having too many of these pieces of equipment, which could be commercial, stored on their property. The Manager explained that if the Council wants to tighten the ordinance related to commercial landscaping trailers, it would be a different discussion. He felt that it might be best to move this ordinance forward in order to eliminate the possibility for other containers to be placed and therefore grandfathered in. They could then review the ordinance related to commercial landscaping trailers to determine if they want to make any revisions. Councilwoman Potter’s concern was that someone could put wheels on the storage container and then say that it’s not stationary. Mayor Loveys asked for clarification as to why if the ordinance did not have language about wheels, that it would exclude wheels; he noted that the ordinance defines a portable storage container. Manager Mountain explained that the portable storage containers are sold and leased as containers. There was some more discussion on storage containers versus trailers or containers with wheels. Councilwoman Potter stated that she wasn’t saying she wanted to ban trailers, but that she felt the ordinance wasn’t clear that it doesn’t include trailers. Attorney Buzak clarified that the fact that the ordinance doesn’t mention wheels; the question is, if someone puts wheels on it, is it not covered. He restated the concern of whether a closed trailer, such as one that carries motorcycles or ATVs, would be covered under this ordinance since the intention was to cover portable storage containers/PODs. Attorney Buzak explained that since wheels are not mentioned in the ordinance, one could argue that an enclosed trailer with wheels is included. He asked if the township was just trying to deal with the PODs. Mayor Loveys stated that he understood why the ordinance was proposed, but a construction dumpster fits the description of a portable storage container; he felt the ordinance covered everything. He explained that the larger construction dumpsters have wheels. Attorney Buzak stated that he felt the ordinance was broad; he felt that an argument could be made that the ordinance doesn’t say if it has wheels it’s exempt from this. Manager Mountain explained that the intent of the ordinance was for the stationary storage containers; he explained that the Council needed to decide if they wanted this ordinance to be revised to make it clearer, whether broader or more specific. Mayor Loveys felt the ordinance should be left as is, and it would be enforceable. Councilwoman Veech, Deputy Mayor Carey, and Councilman Forstenhausler agreed with Mayor Loveys that the wording was acceptable for what was intended. Since Councilwoman Potter brought up the issue of landscape trailers and those with wheels, Mayor Loveys asked for her feedback. Councilwoman Potter replied that some people are storing things in ugly containers, but there can also be ugly containers on wheels that they may say is not a shipping container. Mayor Loveys explained that they did not define a shipping container, they defined a portable container; in his opinion, if a container has wheels it’s considered portable. Attorney Buzak added that there is an overlapping aspect of it with regard to commercial vehicles and commercial trailers; those are separately regulated. Councilwoman Potter asked about the motorcycle trailer. Attorney Buzak replied that he believed that a closed, transportation-type trailer would be covered under this language. There was a brief discussion on campers. Manager Mountain explained that the ordinance was intended for portable storage containers. He explained that if the Council was concerned that the ordinance didn’t specifically carve out that it’s not covered by this ordinance... The township would have to treat a situation with a wheeled container the same as the portable storage container the ordinance was intended for with the ordinance as written, unless it is carved out to reflect that it was not the intent of this ordinance. Mayor Loveys clarified that they could introduce an amended ordinance. Attorney Buzak replied that this was the introduction of the ordinance, so they could. The Manager stated that they could re-work the ordinance. Attorney Buzak recommended that they not introduce the ordinance based upon the sentiment of the Council. Ordinance No. 15-19 was not introduced at this time.

2. Ordinance No. 16-19 Amending and Supplementing Chapter 26, Housing, of the Revised Ordinances of the Township of Randolph to Prohibit the Short Term Rental of Residential Property

Manager Mountain explained that this ordinance was previously discussed in its conceptual format. It establishes a restriction on the short term rental of single family residential dwelling units of not less than thirty days.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 26, HOUSING, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH TO PROHIBIT THE SHORT TERM RENTAL OF RESIDENTIAL PROPERTY” be introduced, read by title by the Township Clerk and passed on first reading.

Councilwoman Potter asked if this was something that could be handled through Zoning. Attorney Buzak asked for clarification. Councilwoman Potter explained that the township does not allow a business in the middle of a residential area due to zoning regulations; she thought that perhaps this issue could be dealt with through zoning instead of outlawing it completely. Attorney Buzak replied that it would be challenging to try to deal with it in a land use area; he felt this was a better way to handle it. Manager Mountain added that they did a lot of research to try to find alternatives to deal with the issue, and they didn’t really find any variations without leaving a lot of loopholes.

Councilwoman Veech noted that in Section 26-260 the definition of a dwelling unit is “any single family detached dwelling.” She questioned the townhomes and wondered why they were excluded from the description. Manager Mountain explained that he and Attorney Keli Gallo had discussed this a great deal; it was an issue of trying to target where the issues have been prevalent. The issues have been most prevalent in the single family dwellings. An individual could take advantage of the short term rental market in those other types of dwelling units, but the sense from the enforcement staff and from the legal aspect was that it has not been an issue with the enjoyment of property of neighbors. They did not want to over-broaden the issue. If issues arise in the future, they could go back and amend the ordinance. Councilwoman Veech felt that townhomes might be more desirable since they have pools; however, she was agreeable to the ordinance either way. Mayor Loveys added that many of the townhomes have a homeowners association. Attorney Buzak felt that the homeowners association would cover this issue.

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

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

I. OPEN TO THE PUBLIC

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

J. COUNCIL COMMENTS

There was no Council Comments portion.

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:

* Discussion of Solicitation License Correspondence

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 or may not reconvene in public session for the purpose of taking formal action.

Attorney Buzak asked to expand the Executive Session to include a discussion on affordable housing. He met with the substitute special master the day prior and wanted to provide the information.

Councilman Forstenhausler made a motion to add the discussion on affordable housing and move into Executive Session at 6:26 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

Councilwoman Veech made a motion to close the Executive Session at 6:55 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

L. ADJOURNMENT

Councilman Forstenhausler made a motion to adjourn the meeting at 6:55 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None