502 Millbrook Avenue, Randolph, NJ 07869-3799
Tel: 973.989.7100Fax: 973.989.7076

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

Minutes: October 1, 2015

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Veech. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 19, 2014, by emailing them the annual resolution adopted by the Council on December 4, 2014. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 24, 2014.

2. Roll Call

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

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

3. Pledge of Allegiance

Mayor Veech led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Jordon Gleniewicz of 2 Jared Court stated that he was attending the meeting to observe for a merit badge for Citizenship and Community.

Jim McConnell of 45 Carrell Road asked if a message can be relayed to the garbage collector that cans be put back on the curb, and not in the middle of the road. Manager Mountain responded that he would relay the message.

Judith Stewart of 114 Everdale Road stated that in the Ordinance on wildlife feeding, it indicates that bird feeders should be 4 feet above the ground. Mrs. Stewart felt that 4 feet was too low as deer can reach and knock them down; she felt the wording should state 6 or 8 feet above the ground.

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

C. MANAGER’S REPORT

The Manager reported the following:

  • Storm Preparedness—township staff are keeping a vigilant eye on the forecast for Hurricane Joaquin. The emergency management team met and reviewed preliminarily preparations for the storm; based upon this meeting, the Manager felt that the township was sufficiently prepared. If necessary, the team will reconvene to further review necessary actions and/or service needs. Community-wide messages regarding the storm will be sent out on Friday and if necessary again over the weekend. The Manager will keep the Council informed of any storm related actions.
  • Country Fair—weather conditions are being monitored for Saturday. The Manager, Russ Newman, and Greg Mohr from the Rotary Club, will make an announcement on Friday afternoon regarding the event.
  • Parks Master Plan—the township’s consultant, Pat Hoagland from Brandstetter Carroll, led a well attended public meeting on the Parks Master Plan. Pat provided the public with an update on the progress on the plan, including summarizing the results of the various community surveys, the stakeholder meetings, and a benchmarking analysis of how Randolph’s recreational facilities and programs stack up against other like communities. Pat collected the public’s comments on the progress, and will present it to the steering committee for consideration; they will meet again later this month to begin the process of going through all the data and developing a draft set of recommendations.
  • Master Plan Re-examination—a subcommittee consisting of staff, Council representatives, and representatives from the land use boards, Environmental Committee, and Economic Development Committee have begun working with the Township Planner Bob Michaels on the Re-examination of the town’s Master Plan. The purpose of the re-examination is to update the Master Plan to reflect changes in the community since the Master Plan was last reviewed. It will focus on a number of issues, including the changes to the housing element necessary to address the Court’s requirements with respect to affordable housing, the anticipated redevelopment in Mount Freedom and around the Kmart commercial center and South Salem Street and the Route 10 corridor, Office-Laboratory Zone. The Manager will keep the Council updated on the direction taken by the committee.
  • Board of Education-Twp Liaison Meeting—the quarterly liaison meeting was held last month; the following was reviewed: the status of the Sussex Turnpike Improvement Project, the water line project, the communication tower, and the recent meeting with realtors. The school briefed the township staff on the Share the Keys program, and provided an update on the beginning of the school year activities. Township staff was also advised that the Board of Ed has hired a new public information coordinator and she has agreed to begin forwarding to the Council her weekly notices on school happenings.

D. APPROVAL OF MEETING MINUTES

1. Approval of Regular Minutes from September 3, 2015
2. Approval of Executive Minutes from September 3, 2015

Councilman Loveys made a motion to approve the Regular meeting minutes and the Executive meeting minutes from September 3, 2015. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

E. COMBINED ACTION RESOLUTIONS

Councilman Guadagno asked why there has been an increase in the number of awards and rejections of contracts. Manager Mountain felt it was due to the vendors’ lack of fully completing the submittal, by issues such as forgetting to sign paperwork.

Item #11—Councilman Forstenhausler stated that part of the title is “Estimated Cost Increase $4,000,000,” and asked if that was properly worded. Manager Mountain stated that the estimated cost is $4,000,000, but it is increasing to that amount so the wording is awkward. The Resolution does not need changing, but the title in the agenda should read “Estimated Cost Increase to $4,000,000” (corrected in the minutes below).

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

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

NAYS: None

1. Refund Outside Tax Sale for Block 42.05, Lot 86 at 10 Georgian Rd. to US Bank Customer—$2,181.19

R-247-15

WHEREAS, Outside Tax Sale Certificate #1988 held by US Bank Cust for Pro Capital II I, LLC assessed to Daniel Kowalski, Block 42.05, Lot 86, 10 Georgian Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $2,181.19.

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 $2,181.19 to US Bank Cust for Pro Capital II I, LLC, holder of Tax Sale Certificate #1988.

2. Authorizing Rescission from Grass Roots Turf Products and Re-Award to Reed and Perrine of a Portion of MCCPC Contract #42 for Landscaping Materials & Supplies for $83.90 Per Bag for the Remainder of Current Contract

R-248-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #42 (Landscaping Materials & Supplies); and

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

WHEREAS, Item #3 in Category G of Contract #42 (Landscaping Materials & Supplies) was awarded to Grass Roots Turf Products on June 4, 2015; and

WHEREAS, it has been determined that the item awarded is not in compliance with the bid specifications and must therefore be rescinded from Grass Roots Turf Products; and

WHEREAS, Reed and Perrine in Tennent, New Jersey, is offering a product that is consistent with the bid specifications for Item #3 in Category G of Contract #42 (Landscaping Materials & Supplies); and

WHEREAS, Reed and Perrine has agreed to honor the pricing submitted on their bid proposal of $83.90 per bag for the remainder of the current contract.

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 hereby approves the rescission of Item #3 in Category G of Contract #42 (Landscaping Materials & Supplies) from Grass Roots Turf Products.

BE IT FURTHER RESOLVED that the Township Council approves the award of Item #3 of Category G of Contract #42 (Landscaping Materials & Supplies) to Reed and Perrine as stated above for the remainder of the current contract expiring on June 30, 2016.

3. Authorizing Award and Rejection of MCCPC Contract #15-B (Administrative Passenger Vehicles, 2016 Models)

R-250-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-B (Administrative Passenger Vehicles, 2016 Models); and

WHEREAS, bids had been advertised and received on September 3, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, six (6) bids were received for Contract #15-B (Administrative Passenger Vehicles, 2016 Models); and

WHEREAS, Mall Chevrolet in Cherry Hill, New Jersey, submitted the lowest bid for Item #2, however their bid was non-responsive as they did not sign the Bid Proposal Page and they did not submit the mandatory Bidder’s Affidavit which are non-curable defects and their bid must be rejected; and

WHEREAS, Beyer CDJR in Morristown, New Jersey was the lowest responsive and responsible bidder for Item #1 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Route 23 Automall in Butler, New Jersey, was the second lowest responsive and responsible bidder for Item #2 and they were the lowest responsive and responsible bidder for Items #3, #4, and #5 as shown on the attached Notification of Award for a one-year contract.

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 hereby authorizes the rejection of the bid submitted by Mall Chevrolet as stated above.

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Contract #15-B (Administrative Passenger Vehicles, 2016 Models) as stated above for the term of November 1, 2015 - October 31, 2016.

4. Authorizing Award of MCCPC Contract #15A (Police Pursuit Vehicles, 2016 Models) to Various Bidders

R-251-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-A (Police Pursuit Vehicles, 2016 Models); and

WHEREAS, bids had been advertised and received on September 3, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, ten (10) bids were received for Contract #15-A (Police Pursuit Vehicles, 2016 Models); and

WHEREAS, Mall Chevrolet in Cherry Hill, New Jersey, submitted the lowest bids for Items #8, #9, and #10, however their bid was non-responsive as they did not submit the mandatory Bidder’s Affidavit and they did not sign the mandatory Disclosure of Investment Activities in Iran form which are non-curable defects and their bid must be rejected; and

WHEREAS, Beyer Ford in Morristown, New Jersey, was the lowest responsive and responsible bidder for Items #1, #2, and #5 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Maplecrest Ford in Mendham, New Jersey, was the lowest responsive and responsible bidder for Items #3 and #4 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Beyer CDJR in Morristown, New Jersey, was the lowest responsive and responsible bidder for Items #6 and #7 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Day Chevrolet in Monroeville, Pennsylvania, was the second lowest responsive and responsible bidder for Items #8, #9, and #10 and they were the lowest responsive and responsible bidder for Item #11 as shown on the attached Notification of Award for a one-year contract.

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 hereby authorizes the rejection of the bid submitted by Mall Chevrolet as stated above.

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Contract #15-A (Police Pursuit Vehicles, 2016 Models) as stated above for the term of November 1, 2015 - October 31, 2016.

5. Authorizing Award and Rejection of MCCPC Contract #15-C (Utility Vehicles, 2016 Models) to Various Bidders

R-252-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-C (Utility Vehicles, 2016 Models); and

WHEREAS, bids had been advertised and received on September 3, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received for Contract #15-C (Utility Vehicles, 2016 Models); and

WHEREAS, Mall Chevrolet in Cherry Hill, New Jersey, submitted the lowest bid for Item #37, however their bid was non-responsive as they did not submit the mandatory Bidder’s Affidavit which is a non-curable defect and their bid must be rejected; and

WHEREAS, Route 23 Automall in Butler, New Jersey, was the lowest responsive and responsible bidder for Items #1, #7, #8, #9, #10, #11, #12, #13, #14, #19, #20, #22, #24, #25, #26, #27, #28, #35 and #36 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Flemington CDJ in Flemington, New Jersey, was the lowest responsive and responsible bidder for Items #2, #3 and #4 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Beyer Ford of Morristown, New Jersey, was the lowest responsive and responsible bidder for Items #5, #6, #16, #18, #29, #30, #31 and #32 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Ditschman/Flemington Ford in Flemington, New Jersey, was the lowest responsive and responsible bidder for Items #15, #17, #21, #23, #33 and #34 and the second lowest responsive and responsible bidder for Item #37 as shown on the attached Notification of Award for a one-year contract.

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 hereby authorizes the rejection of the bid submitted by Mall Chevrolet as stated above.

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Contract #15-C (Utility Vehicles, 2016 Models) as stated above for the term of November 1, 2015 - October 31, 2016.

6. Authorizing Award and Rejection of MCCPC Contract #15-D (Service/Truck Bodies—2016 Models) to Various Bidders

R-253-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-D (Service/Truck Bodies, 2016 Models); and

WHEREAS, bids had been advertised and received on September 3, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received for Contract #15-D (Service/Truck Bodies, 2016 Models); and

WHEREAS, Monmouth Truck Equipment in Shrewsbury, New Jersey, submitted the lowest bid for Category 1, Items B, C and E, however their bid was non-responsive as they did not submit the mandatory signed Bid Proposal Page, Acknowledgement of Revisions and Notices, Non-Collusion Affidavit, Ownership Disclosure Statement, Bidder’s Affidavit and Disclosure of Investment Activities in Iran forms which is a non-curable defect and their bid must be rejected; and

WHEREAS, Cliffside Body in Fairview, New Jersey, submitted the lowest responsive and responsible bid for Category 1, Items A and D, and the second lowest responsive and responsible bidder for Category 1, Items B, C and E, as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Tony Sanchez in Ledgewood, New Jersey, was the lowest responsive and responsible bidder for Category 2 and Category 3 as shown on the attached Notification of Award for a one-year contract.

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 hereby authorizes the rejection of the bid submitted by Monmouth Truck Equipment as stated above.

BE IT FURTHER RESOLVED that the Township Council authorizes the award of Contract #15-D (Service/Truck Bodies, 2016 Models) as stated above for the term of November 1, 2015 - October 31, 2016.

7. Authorizing Award of MCCPC Contract #15-E (Hybrid Vehicles—2016 Models) to Route 23 Automall in Butler

R-254-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-E (Hybrid Vehicles, 2016 Models); and

WHEREAS, bids had been advertised and received on September 3, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received for Contract #15-E (Hybrid Vehicles, 2016 Models); and

WHEREAS, Route 23 Automall in Butler, New Jersey, submitted the lowest responsive and responsible bid for Item #1 as shown on the attached Notification of Award for a one-year contract.

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 hereby authorizes the award of Contract #15-E (Hybrid Vehicles, 2016 Models) as stated above for the term of November 1, 2015 - October 31, 2016.

8. Authorizing Award and Rejection of MCCPC Contract #15-F (Cab/Chassis with Dump Bodies, 2016 Models) to Various Bidders

R-255-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-F (Cab/Chassis with Dump Bodies, 2016 Models); and

WHEREAS, bids had been advertised and received on September 3, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, six (6) bids were received for Contract #15-F (Cab/Chassis with Dump Bodies, 2016 Models); and

WHEREAS, Hoover & Sons in Flanders, New Jersey, was the low bidder for Item #5 (Cab/Chassis) however their bid was non-responsive as they failed to meet the bid specifications for the requirement of an exhaust pyrometer and the bumper-to-back-of-cab dimensions which would negatively impact the performance of the vehicle and their bid must be rejected; and

WHEREAS, all bids for Items #6 (Cab/Chassis with Dump Body with Plow and Tailgate Sander) and #7 (Cab/Chassis with Dump Body with Plow and Tailgate Sander with Chemical Application System) were rejected for failing to meet the following bid specifications:

Hoover & Sons in Flanders, New Jersey, for the reasons stated above in addition to bidding a 2015 dump body

Brown’s Hunterdon in Bloomsbury, New Jersey, took exception to the penalty language in the bid specifications and was bidding a 2015 dump body

Cambria Automotive in Edison, New Jersey, took exception to warranty repair pick-up and delivery requirements in the bid specifications and was not offering the cab in multiple standard available colors

Gabrielli Kenworth of Dayton, New Jersey, was not providing the radio shut-off feature nor the heated windshield which would negatively impact the performance and safety of the vehicle and operators

WHEREAS, Ditschman/Flemington Ford in Flemington, New Jersey, submitted the lowest responsive and responsible bid for Items #1, #3 and #4 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Route 23 Automall in Butler, New Jersey, submitted the lowest responsive and responsible bid for Item #2 as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Brown’s Hunterdon in Bloomsbury, New Jersey, was the second lowest responsive and responsible bidder for Item #5 as shown on the attached Notification of Award for a one-year contract.

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 hereby authorizes the rejection of the bids submitted for Items #5, #6 and #7 as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #15-F (Cab/Chassis with Dump Bodies, 2016 Models) as stated above for the terms of November 1, 2015 - October 31, 2016.

9. Release of Road Opening Cash Bond for the Purpose of Connecting to the Water Line at 208 Morris Tpke., Block 47.01, Lot 29.01—Brian Carlucci—$500.00

R-256-15

WHEREAS, the Engineering Department has received a request from Brian Carlucci, for the release of a $500.00 cash road opening bond posted for purpose of connecting to the water line at 208 Morris Tpke., Block 47.01/Lot 29.01, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 18, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection of the water line at 208 Morris Tpke., Block 47.01/Lot 29.01 within the Township Right of way; and

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

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Brian Carlucci, 208 Morris Tpke., Randolph, NJ 07869.

10. Authorizing the Township Clerk to Submit an Electronic Grant Application to the NJDOT for the Meadowbrook Road Repaving Program Project and Authorizing the Mayor and Clerk to Sign the Agreement

R-257-15

NOW, THEREFORE, BE IT RESOLVED that Council of Randolph Township formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Township Council and Clerk are hereby authorized to submit an electronic grant application identified as (0522) to the New Jersey Department of Transportation on behalf of Randolph Township.

BE IT FURTHER RESOLVED that Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of Randolph Township and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

11. 2015 Capital Budget Amendment—Inserting Additional Funds into the Butterworth Interceptor Phase II Project—Estimated Cost Increase to $4,000,000

R-259-15

WHEREAS, the Township of Randolph desires to amend the 2015 Capital Budget of the Township by inserting additional funds into the Butterworth Interceptor Phase II Project.

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

No. 2
2015 Capital Budget Amendment
Township of Randolph
County of Morris, New Jersey

ProjectEstimated CostCapital Improvement FundDebt Authorized
Butterworth Interceptor Phase II$4,000,000$1,565,000$2,435,000

12. Authorizing Change Order No. 1 for the Quaker Church Road Resurfacing Project due to Unsuitable Roadway Base Pavement and Grade to Smith Sondy Construction in the Amount of $56,942.03 Bringing New Total to $279,011.63

R-260-15

WHEREAS, Ralph Carchia, Engineering Administrator requested that a Change Order exceeding 20% of the original contract amount with Smith Sondy Construction Company for the Quaker Church Road Resurfacing Project be approved by the Randolph Township Council; and

WHEREAS, the original contract amount with Smith Sondy Construction Company for the Quaker Church Road Resurfacing Project is $222,069.60; and

WHEREAS, the Randolph Township Engineering Department recommends the following change order be approved:

WHEREAS, a change order was necessary due to the unsuitable roadway base pavement and sub-grade, in the amount of $ 56,942.03, and

WHEREAS, the original contract is amended as follows:

Original Contract $222,069.60
Change Order $56,942.03
Revised Contract Total $279,011.63

WHEREAS, the revised contract amount with Smith Sondy Construction Corp. including the above change order is $279,011.63

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Order No. 1 be approved and the contract amended accordingly.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 1, 2015

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 10-15 (as amended by 20-15), 2015 Road Overlay Program, to award a change order to Smith Sondy Construction Company for the Quaker Church Road Resurfacing Project, per its response to a township bid request.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-969-300 (not to exceed $56,942.03)

13. Raffle License, Off-Premise 50/50 for St. Matthew the Apostle Church at 335 Dover Chester Road, Randolph on December 20, 2015—3:15 p.m.

14. Raffle License, On-Premise Merchandise Raffle, Randolph Education Foundation on November 12, 2015 at the Meadow Wood Manor, 461 Route 10 East, Randolph at 9:00 p.m.

F. UPCOMING EVENTS

  1. 8th Annual Randolph Country Fair at Municipal Building on Saturday, October 3rd—10:00 a.m. to 5:00 p.m.—Rain date October 4th
  2. Fire Company 4 Pancake Breakfast—Sunday, October 11 from 8:00 a.m. - 12:00 p.m.
  3. Bench Dedications—October 13: 6:00 p.m. for Mary Ranucci at Heistein Park and 6:45 p.m. for Vinceno “Enzo” Donato at Freedom Park (exact locations to be determined)
  4. Council Only—Career Fair sponsored by Economic Development Committee and Board of Education—Wednesday, October 14th from 7-9 a.m.
  5. 2015 Fall Historic Bus Tour on Saturday, October 17th at 2 p.m.—leaving Municipal Building
  6. Fire Prevention Open House—All Fire Stations, Saturday, October 17th—11:00 a.m. to 3:00 p.m.
  7. Fire Company 5—Casino Night—Saturday, October 24th at 7:00 p.m.
  8. Randolph Education Foundation “Rock Star” program—Thursday, November 12th
  9. Randolph High School Athletic Hall of Fame Induction—Saturday, October 10th

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #19-15: An Ordinance Amending Ordinance No. 05-15 and to Provide and Determine the Range of Compensation in Accordance with the Teamsters Collective Bargaining Agreement Effective January 1, 2015 in the Township of Randolph

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 05-15 AND TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION IN ACCORDANCE WITH THE TEAMSTERS COLLECTIVE BARGAINING AGREEMENT EFFECTIVE JANUARY 1, 2015 IN THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance captures the salaries associated with the new Tax Assessor, and the Teamsters Collective Bargaining agreement which was signed earlier this year.

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. 05-15 AND TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION IN ACCORDANCE WITH THE TEAMSTERS COLLECTIVE BARGAINING AGREEMENT EFFECTIVE JANUARY 1, 2015 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 Loveys noted that the sections of Ordinance 19-15 don’t correspond to those in Ordinance 05-15. Manager Mountain stated that he didn’t think it mattered, but he understood the point.

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

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

NAYS: None

2. Ordinance #20-15: An Ordinance of the Township of Randolph Amending Ordinance 10-15 (the 2015 Road Overlay Program) by Appropriating an Additional $25,000 from the Capital Improvement Fund and $40,000 from Capital Fund Balance (surplus)

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH AMENDING ORDINANCE 10-15 (THE 2015 ROAD OVERLAY PROGRAM) BY APPROPRIATING AN ADDITIONAL $25,000 FROM THE CAPITAL IMPROVEMENT FUND AND $40,000 FROM CAPITAL FUND BALANCE (SURPLUS)” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance amends the original Road Overlay Ordinance to allow for additional funds to be added, coming from two different sources, the Capital Improvement Fund and the Capital Fund Balance. These funds will be utilized to address the stated issues with the road paving, the main one being the Quaker Church project.

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 AMENDING ORDINANCE 10-15 (THE 2015 ROAD OVERLAY PROGRAM) BY APPROPRIATING AN ADDITIONAL $25,000 FROM THE CAPITAL IMPROVEMENT FUND AND $40,000 FROM CAPITAL FUND BALANCE (SURPLUS)” 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 Napoliello made a motion to accept the Ordinance. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

H. ORDINANCES: INTRODUCTION

1. Ordinance #21-15: An Ordinance Supplementing and Amending the Revised Ordinances of the Township of Randolph, Morris County, New Jersey with the Addition of Chapter 48, Towing Services and Amendments to Sections 28-86 and 28-87

Manager Mountain explained that, as has been discussed before, the township has had some issues with securing a towing contractor through the traditional bid method. The current provider is looking to retire, and there aren’t local vendors who have expressed interest in bidding the project; it has been bid twice, and no bids were received. In speaking with the Township Attorney and looking at the approaches of other towns, most towns have shifted to an Ordinance form for their towing services. The Ordinance provides an opportunity to have on standby, several towing vendors that are vetted through the Ordinance, and allow to rotate through as they are available. It gives the vendors an opportunity for a break so that they’re not the only one on call, it gives the Police Department the ability to utilize someone on an “as available” basis as opposed to waiting for someone to arrive. The Ordinance was crafted in conjunction with Tiena Cofoni, from Ed Buzak’s office, Liz Crescibene, and the Manager. The terms used in the Ordinance for selecting the vendors for qualification are coming right out of the bid specifications. Instead of picking a low bidder, a list of qualified vendors will be selected and they will be rotated on an annualized basis.

Mayor Veech asked if there was a specific number of vendors being chosen. Manager Mountain said there wasn’t, but they expect to have at least 2 or 3. The number of vendors will be decided after the bid process has been completed.

Councilman Guadagno asked how the rotation will take place. Manager Mountain explained that it has not been defined in the Ordinance, but in other towns they establish a sequential order for the month, and then it is changed each month.

Councilman Loveys noted that in Section 48-5 under D & E, the words “contractor” and “operator” are interchanged. He felt that the word operator should be used because operator is defined in the Ordinance. Manager Mountain stated that they should be uniform, and agreed that operator would be the correct word because it is defined.

Councilman Loveys also noted that in Section 48-8 A, insurance and indemnification, numbers 2 and 3 uses the wording “garage liability” and “garage keeper’s liability”; these should also be consistent. Manager Mountain stated that they will check that wording as well.

Councilman Loveys noted that Section 48-10 B, lists Construction Official and Zoning Officer as enforcement officials. He felt the Health Officer should also be listed since property maintenance is included. Manager Mountain agreed that the Health Officer should also be listed.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE SUPPLEMENTING AND AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY WITH THE ADDITION OF CHAPTER 48, TOWING SERVICES AND AMENDMENTS TO SECTIONS 28-86 AND 28-87” 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 22nd of October, 2015 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

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

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

NAYS: None

2. Ordinance #22-15: An Ordinance Amending Article IV, Wildlife Feeding, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to Prohibit the Feeding of Unconfined Wildlife on Private Property

PULLED

Mayor Veech explained that Councilman Guadagno had some concerns regarding Ordinance #22-15, and asked the Councilman to express his concerns.

Councilman Guadagno stated that, although he felt the feeding of wildlife is a problem, his main concern was that the Ordinance was too broad and aiming at all residents when it should be written more specifically for the people who feed the wildlife. Mayor Veech asked that Manager Mountain work with Attorney Ed Buzak to draft an Ordinance with more specific wording.

Councilman Napoliello stated that he doesn’t know how this Ordinance will be enforced.

There was some discussion on what kind of wording should be included as far as the feeding being a public nuisance, and the enforceability of the Ordinance.

Mayor Veech summarized that the Ordinance would go back to Attorney Buzak for revision, and that it will be discussed and introduced at a future meeting.

3. Ordinance #23-15: A Bond Ordinance Providing for Phase II Butterworth Sewer Interceptor Improvements in and by the Township of Randolph, Appropriating $4,000,000 and Authorizing the Issuance of $2,435,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof

Manager Mountain explained that this is the Butterworth Ordinance which is tied to the Westminster/Kushner project. The agreements will be discussed in the Executive Session. This Ordinance provides for the cost at a prevailing wage rate for the project, it provides for the 25% reimbursement that would come from the developer. The passage of this Ordinance allows for the developer to commence with the project.

BE IT RESOLVED, that an Ordinance entitled “A BOND ORDINANCE PROVIDING FOR PHASE II BUTTERWORTH SEWER INTERCEPTOR IMPROVEMENTS IN AND BY THE TOWNSHIP OF RANDOLPH, APPROPRIATING $4,000,000 AND AUTHORIZING THE ISSUANCE OF $2,435,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 22nd of October, 2015 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

Councilman Loveys noted that in Section 7, there is a typo in the 5th line. It should read, “or the obligations,” not “of the obligations.” Manager Mountain agreed with Councilman Loveys.

Mayor Veech stated that she had clarified with Manager Mountain that, with the wording of the Ordinance, there would be no liability to the township.

Councilman Guadagno made a motion to introduce the Ordinance. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

I. OPEN TO THE PUBLIC

J. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road reminded the Council that, in the past, she has suggested an Ordinance to require smoking restrictions near the doors of public buildings. Mrs. Stewart again stated her objections to smoking right outside public building doors. She requested that such an Ordinance be discussed at an upcoming meeting. Mayor Veech replied that it would be researched.

Jim McConnell of 45 Carrell Road asked how the Wildlife feeding Ordinance would be enforced. He explained that a police officer would have to see the person putting the food out for the wildlife, and that it would be very difficult to enforce.

Jordon Gleniewicz of 2 Jared Court asked what was being done to prepare for Hurricane Joaquin, and how young people could help. Manager Mountain replied that it is all preparatory at this point, and there isn’t currently opportunity for residents to help; however, residents can help with clean up from the hurricane. The township will be communicating through its various communications mediums should the storm warrant.

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

K. COUNCIL COMMENTS

Councilman Guadagno stated that the Manager should contact the YMCA to prepare for the storm. Manager Mountain explained that Bill Wagner had already contacted Bill Lamia from the YMCA.

Councilman Guadagno explained that there is already a handicapped entrance in the front of the Municipal Building; however, he felt there should be another handicapped door closer to the meeting room. He spoke to the architect who said it would cost about $3,000. Manager Mountain replied that they have included it in the Facilities Master Plan draft that he will be working on with the Council.

Councilman Guadagno also noted that there was a shooting at the shooting range in Randolph. He requested the formation of a committee to determine the safety measures in place at the range and that they are being followed. The Councilman wanted to ensure the community that they are concerned about the shooting, and follow up with a report on the findings. Manager Mountain explained that it was a terrible tragedy, a suicide, at the range; he felt that the best approach would for himself, the Police Chief, and one or two Council liaisons to meet with the owners to discuss the situation. The Manager reported that the range owners had both required and self-imposed safety measures in place. Manager Mountain will work to set up a meeting. Councilman Guadagno, Councilman Forstenhausler, and Mayor Veech would be interested in attending the meeting.

Councilman Napoliello reported that the MAC is looking to have Matt Bellace return to the high school. For $2,500, which the committee has, he holds two assemblies to include all the students, meets with some at lunch as well, and then has a parent presentation at night.

Councilman Napoliello also reported that he attended the Rotary Club meeting. They originally wanted to move the Country Fair back one week, but realized the difficulty in changing everything. They currently have 56 vendors, 13 people participating in the yard sale, and several food vendors. There was a short discussion on the possibility of having the event indoors at the high school or middle school in the future in the event of bad weather. Councilman Forstenhausler asked if it would be feasible in the future to move the Country Fair to earlier in the fall. Councilman Napoliello stated that the Rotary Club has considered some of these suggestions, but he would take them back to the group.

Deputy Mayor Hirniak reported that he, Councilwoman Carey, and Councilman Loveys attended the multi-chamber event at the Roxbury PAC. It was a nice event, and very well attended by various towns.

Mayor Veech reported that she and Manager Mountain have discussed getting the local clergy members together before the winter months to talk about using the temples and churches in emergencies, as well as forming a network between them.

L. EXECUTIVE SESSION

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

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

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

1. The public shall be excluded from the remaining portion of the meeting.

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

Westminster Realty Discussion—Resolution #249-15
Tax Appeal—Resolution #258-15

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

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

Councilman Guadagno made a motion to move into Executive Session at 8:10 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to close the Executive Session at 8:55 p.m. and re-open the meeting. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Attorney Buzak asked for a motion for Resolution #249-15, with the caveat that the Township Manager with the concurrence of the Township Attorney, are authorized to make non-substantive changes to any of the three agreements mentioned in the Resolution provided that they don’t result in an increase to the financial commitment of the Township of Randolph.

Deputy Mayor Hirniak made a motion to accept Resolution #249-15 subject to the agreement also being executed by the Township of Morris and the developer. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Authorizing the Execution of Three Agreements in Connection with the Settlement of the Litigation Captioned Westminster Realty Corp. and Randolph Realty Ass., LLC V. Township of Randolph and Township of Morris, Superior Court of New Jersey, Law Division, Morris County—Docket No. MRS-L-960-04

R-249-15

WHEREAS, Westminster Realty Corp. and Randolph Realty Associates, LLC (collectively, the “Developer”), which own land identified as Block 101, Lot 22.01 and 22.02 on the Official Tax Map of the Township of Randolph (the “Property”), obtained approvals from the Township of Randolph Planning Board in 2000 to construct a 116 unit residential development commonly known as Kensington Square (“Developer’s Original Project”); and

WHEREAS, the proposed means of securing sewer service for the Developer’s Original Project involved the connection of that Project to the Butterworth Sewer System (“Butterworth System”), which has sewer conveyance lines in both the Township of Randolph and the Township of Morris (“Butterworth Sewers”) and a sewer treatment facility (“Butterworth Plant”) in the Township of Morris; and

WHEREAS, the Township of Randolph (“Randolph”) and the Township of Morris (“Morris”) are parties to a Sewer Service Agreement dated February 24, 1993 (“Sewer Service Agreement”) which established the rights and obligations of the parties with regard to Randolph’s conveyance of wastewater through the Butterworth system and provided that Randolph make certain improvements to the Butterworth Sewers; and

WHEREAS, the Developer submitted a Treatment Works Approval Permit Application (“Sewer Application”) for the Developer’s Original Project to Randolph and Morris for endorsement, which endorsement was required to submit the Sewer Application for approval by the New Jersey Department of Environmental Protection (“NJDEP”); and

WHEREAS, since certain improvements had not yet been constructed pursuant to the Sewer Service Agreement, the Developer was unable to connect to the Butterworth System and Randolph and Morris both declined to endorse the Sewer Application; and

WHEREAS, the Developer instituted litigation against Randolph and Morris to compel the connection of the Developer’s Original Project to the Butterworth System in the matter captioned Westminster Realty Corp. and Randolph Realty Ass., LLC v. Township of Randolph and Township of Morris, Superior Court of New Jersey, Morris County, Law Division, Docket No. MRS-L-960-04 (the “Sewer Litigation”); and

WHEREAS, Randolph and Morris also asserted crossclaims against each other and counterclaims against the Developer in the Sewer Litigation; and

WHEREAS, the parties settled the Sewer Litigation pursuant to a Settlement Agreement of Litigation dated July 19, 2006 (“Original Settlement”) which provided: (1) that the Developer committed to construct certain improvements to the Butterworth System known as the Bradford Project, which were to be funded by the Developer and Randolph pursuant to a Cost Sharing Agreement Off Tract Improvements—Bradford Project, dated July 19, 2006 (“Bradford Cost Sharing Agreement”); and (2) Morris agreed to approve and process the Sewer Application for the Developer’s Original Project; and

WHEREAS, following the execution of both the Original Settlement and the Bradford Cost Sharing Agreement, it was discovered that the Bradford Project was no longer feasible as proposed and the parties met to discuss potential alternatives; and

WHEREAS, the parties have determined that as an alternative to the Bradford Project, certain sewer improvements can be constructed in and around Sussex Turnpike to make the necessary upgrades to the Butterworth System (the “Sussex Turnpike Project”); and

WHEREAS, since the execution of the Original Settlement, the Property was rezoned and the Developer obtain approval for a revised residential development consisting of 105 dwelling units the (“Developer’s Revised Project”); and

WHEREAS, the Developer’s Revised Project will require the approval of a revised sewer application from Randolph and Morris prior to submission to the NJDEP; and

WHEREAS, as the result of the negotiations between the parties and the determination that the Sussex Turnpike Project is the best alternative to the Bradford Project, it was necessary to reexamine and revise the Original Settlement and the Bradford Cost Sharing Agreement; and

WHEREAS, the Township Attorney recommends to the Township that they approve and authorize the execution of the following Agreements which revise the Original Settlement and the Bradford Cost Sharing Agreement: (1) the Revised Settlement Agreement of Litigation by and between the Developer, Randolph and Morris, dated October 1, 2015, which (i) rescinds the terms of the Original Settlement; and (ii) establishes the rights, duties and obligations of the parties in connection with the Sussex Turnpike Project and the Developer’s Revised Project (the “Revised Settlement Agreement”); and (2) the Cost Sharing Agreement Off Tract Improvements—Sussex Turnpike Project by and between the Developer and Randolph, dated October 1, 2015, which (i) rescinds the terms of the Bradford Cost Sharing Agreement; and (ii) establishes the rights, duties and obligations of the parties in connection with undertaking the Sussex Turnpike Project (the “Sussex Turnpike Cost Sharing Agreement”); and (3) the Revised Settlement Agreement of Litigation as to Claims by and against the Township of Randolph and the Township of Morris by and between Randolph and Morris, dated October 1, 2015, which modifies the terms and conditions of the Original Settlement with regard to the claims asserted by and against both Randolph and Morris (the “Revised Municipal Settlement Agreement”); and

WHEREAS, the Township Council is of the opinion that it is in the best interests of the Township to resolve the abovementioned matters as set forth in the Revised Settlement Agreement, the Sussex Turnpike Cost Sharing Agreement and the Revised Municipal Settlement Agreement, and to approve and authorize the execution of the same.

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. All the terms and conditions of a certain Revised Settlement Agreement of Litigation by and between the Developer, Randolph and Morris, dated October 1, 2015, be and the same are hereby approved, ratified and confirmed by the Township.
  2. All the terms and conditions of a certain Cost Sharing Agreement Off Tract Improvements—Sussex Turnpike Project by and between the Developer and Randolph, dated October 1, 2015, be and the same are hereby approved, ratified and confirmed by the Township.
  3. All the terms and conditions of a certain Revised Settlement Agreement of Litigation as to Claims by and against the Township of Randolph and the Township of Morris by and between Randolph and Morris, dated October 1, 2015, be and the same are hereby approved, ratified and confirmed by the Township.
  4. The Mayor and Township Clerk, together with the Township Attorney and other appropriate and applicable officers, employees, professionals and staff of the Township are hereby authorized and directed to execute said Agreements, as well as all other ancillary documents related thereto, and further to take all steps necessary to effectuate the purposes of this Resolution, subsequent to the approval of the Agreements by the Developer and Morris.
  5. This Resolution shall take effect immediately.

Councilman Guadagno made a motion to accept Resolution #258-15. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Tax Appeal—Resolution Authorizing the Settlement of Certain Commercial Tax Appeals

R-258-15

WHEREAS, appeals of the real property tax assessments of the following properties have been filed in the Tax Court of New Jersey:

PROPERTY OWNERBLOCKLOTADDRESS
Kevin Bender and Kremena Ivanova168281049 Sussex Turnpike
Rose Piccolo21.08317 Kirkbride Drive
Steven J & Teresa M. Marovitz20137.1326 Heather Lane
Shyh-Kuan Chen/Lei-Chen481.021 Fairway
Olivia Chen481.021 Fairway
Adam & Jennifer Rodell81.0389 Rippling Brook Way

and;

WHEREAS, the property owners and the Township have agreed to a settlement for the pending appeals; and

WHEREAS, the property owner has agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Expert and should, therefore, be settled pursuant to the terms set forth herein.

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

  1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:
    PROPERTY OWNERYEARORIGINAL ASSESSMENTPROPOSED SETTLEMENT
    Kevin Bender and Kremena Ivanova2013$234,800$203,000
    Rose Piccolo2009$371,600$371,600
    Rose Piccolo2010-2014$371,600$349,000
    Steven J. & Teresa M. Marovitz2014$637,000$553,000
    Shyh-Kuan/Lei-Chen2012$537,200$495,000
    Olivia Chen2013-2014$537,200$495,000
    Adam & Jennifer Rodell2012-2013$512,800$452,000
  2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.
  3. This resolution shall take effect immediately or as otherwise provided by law.

M. ADJOURNMENT

Councilman Napoliello made a motion to adjourn the meeting at 9:00 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None