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

Minutes: October 22, 2015

A. OPENING OF REGULAR MEETING

1. Call to Order

A work session 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 Township Attorney Edward Buzak and Keli Gallo from the Law Office of Edward Buzak.

3. Pledge of Allegiance

Mayor Veech led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

There were no presentations/proclamations.

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

The Manager reported the following:

Security cameras in the parks—the initial set has been installed in Brundage, Heisteins and Freedom parks. He commended Donna Luciani and Russ Newman for their efforts in moving the project along. The cameras are set up as independent operating systems on several buildings within each of the parks, feeding into a DVR which is in a lock box. There are monitors onsite to review any incidents, and they have the capability to export data onto a flash drive. The selected system meets the immediate needs, it also is the most cost-efficient approach to the initial stage of the project. It can also be expanded, and it has the ability to connect into a wireless network in the future.
Mac Spar Drive sewer project—he, Ralph Carchia, and Paul Ferriero met with residents from Mac Spar Drive to review the sewer extension project for the street; it is planned for 2016. Ralph and Paul reviewed plans for the project, the timetable for the construction, and the associated cost. It is to be funded as a special assessment project; the individual residents will pay for their proportionate cost of the installation of the line. The Council has already adopted the Ordinance to provide the funding for the project. The meeting was well attended, and Ralph and Paul did an excellent job addressing the residents’ questions and concerns. A follow up letter will be mailed to the residents on Mac Spar Drive.
Career Day—the Economic Development Committee and Randolph High School hosted a Career Day. The event was attended by the entire Freshman class as well as some sophomores and juniors. It featured over 40 local business owners and local professionals who volunteered their time to meet with the students. Some logistical issues will need to be worked out with the high school for next year, but overall it was a good event.
Retaining Walls on Everdale Road—the project has been completed. Feedback has been very positive. He commended Ralph Carchia, and Paul Ferriero and his staff on their work on the project. The Manager will reconvene the Council’s Retaining Wall Workgroup in the next couple of weeks to review this project, and begin discussing next year’s project for capital purposes.
Affordable Housing—the Council has seen a number of emails from Township Attorney Buzak’s office regarding affordable housing and the Declaratory Judgement Action. He will ask for Attorney Buzak to provide an update at the next Council meeting.

E. APPROVAL OF MEETING MINUTES

1. Authorizing Approval of Regular Council Meeting Minutes of September 17th

2. Authorizing Approval of Executive Meeting Minutes of September 17th

Councilman Guadagno made a motion to approve the Regular meeting minutes and the Executive meeting minutes from September 17, 2015. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

F. COMBINED ACTION RESOLUTIONS

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. Refunding Road Opening Cash Bond for the Purpose of Repaving the Driveway at 2 Holly Drive, Block 152, Lot 14 to Ferdinand Cataneo—$500.00

R-261-15

WHEREAS, the Engineering Department has received a request from Ferdinand Cataneo, for the release of a $500.00 cash road opening bond posted for purpose of repaving the driveway at 2 Holly Dr., Block 152/Lot 14, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Aug. 28, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the driveway at 2 Holly Dr., Block 152/Lot 14 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 Ferdinand Cataneo, 2 Holly Dr., Randolph, NJ 07869.

2. Refunding Road Opening Cash Bond for the Purpose of Connecting to the Storm Drain at 178 Morris Tpke., Block 47, Lot 17—$500.00

R-262-15

WHEREAS, the Engineering Department has received a request from Rosemary O’Mara, for the release of a $500.00 cash road opening bond posted for purpose of connecting to the storm drain at 178 Morris Tpke., Block 47/Lot 17, 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 9, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection to the storm drain at 178 Morris Tpke., Block 47/Lot 17 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 Rosemary O’Mara, 178 Morris Tpke., Randolph, NJ 07869.

3. Release of Road Opening Cash Bond Posted for the Purpose of Sidewalk and Driveway Repair at 342 Center Grove Rd., Block 81.01, Lot 8 to Michelle & Curtis Jahn—$500.00

R-263-15

WHEREAS, the Engineering Department has received a request from Michelle & Curtis Jahn, for the release of a $500.00 cash road opening bond posted for the purpose of sidewalk and driveway repair at 342 Center Grove Rd., Block 81.01/Lot 8, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Aug. 25, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the sidewalk and driveway at 342 Center Grove Rd., Block 81.01/Lot 8, 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 Michelle & Curtis Jahn, 342 Center Grove Rd., Randolph, NJ 07869.

4. Release Outside Tax Sale Certificate #2027 for Block 42, Lot 122.61 for 61 Arrowgate Drive to Ebury Fund Holder—$32,571.80

R-264-15

WHEREAS, Outside Tax Sale Certificate #2027 held by Ebury Fund, assessed to Diane Esposito , Block 42, Lot 122.61, 61 Arrowgate Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,571.80, and premium in the amount of $29,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $32,571.80 to Ebury Fund holder of Tax Sale Certificate #2027.

5. Release Police Detail Escrow to SDC Cable Services—$192.50

R-265-15

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

SDC Cable Services $192.50

6. Authorizing the Increase of $5,000 to an Award of a Professional Services Agreement to Ferriero Engineering for Work on the Rehabilitation of Deteriorated Timber Retaining Walls on Fords Road, Heistein Park, and Everdale Rd.—New Total Not to Exceed $13,500

R-266-15

WHEREAS, the Township of Randolph (“Township”) required preliminary engineering work for the rehabilitation of deteriorated timber retaining walls on Fords Road, Heistein Park and Everdale Road; and

WHEREAS, a professional services agreement was awarded on May 22, 2104 via R 152-14 to Ferriero Engineering located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary preliminary engineering work for the rehabilitation of deteriorated timber retaining walls on Fords Road, Heistein Park and Everdale Road for a total amount not to exceed $8,500 per their proposal; and

WHEREAS, per the attached follow-up letter from Ferriero Engineering, once the decision to move forward with the project on Everdale Road was made, additional survey work for the acquisition of easements and the completion of construction drawings for bidding was required which was beyond the initial scope of services; and

WHEREAS, the additional services are for a not to exceed amount of $5,000; and

WHEREAS, there is no need to increase the term of this contract as the work has been fully completed; and

WHEREAS, there are funds available for these additional professional services; 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 increases the awarded amount of the professional services agreement to Ferriero Engineering by $5,000 from $8,500 to $13,500 for additional survey work for the acquisition of easements and the completion of construction drawings for bidding for retaining walls.
Ferriero Engineering shall be compensated for a total contract amount not to exceed $13,500.
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.
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: October 22, 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 09-15, Retaining Wall Repairs, to amend a contract with Ferriero Engineering for engineering services relating to retaining wall repairs.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-968-304 (not to exceed $5,000)

7. Refund Road Opening Cash Bond for Repaving the Driveway at 7 Country Lane, Block 221, Lot 9 for Barbara Marketti—$500.00

R-267-15

WHEREAS, the Engineering Department has received a request from Barbara Marketti, for the release of a $500.00 cash road opening bond posted for purpose of repaving the driveway at 7 Country Lane, Block 221/Lot 9, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Sept. 10, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the driveway paving at 7 Country Lane, Block 221/Lot 9 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 Barbara Marketti, 7 Country Lane, Randolph, NJ 07869.

8. Authorizing Rescission of a Portion of MCCPC Contract #15-C (Utility Vehicles, 2016 Models)

R-268-15

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, the Randolph Township Council approved the award of this contract to various vendors on October 1, 2015; and

WHEREAS, Items #30 and #32 were awarded to Beyer Ford and Items #35 and #36 were awarded to Route 23 Automall; and

WHEREAS, subsequent to the award of Contract #15-C it was announced that Ford Motor Company, the manufacturer of Items #30 and #32 (F-450s with gasoline engines) and Items #35 and #36 (F-550s with gasoline engines), would not be providing these vehicles due to the inability of the vehicles to meet 2016 emissions standards and those items must therefore be rescinded; and

WHEREAS, Items #30, #32, #35 and #36 will not be re-bid this year due to the emissions issues.

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 rescinds the award of Items #30, #32, #35 and #36 from Contract #15-C (Utility Vehicles) as stated above.

9. Authorizing Rescission and Re-Award of a Portion of MCCPC Contract #15-F (Cab-Chassis with Dump Bodies, 2016 Models)

R-269-15

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, the Randolph Township Council approved the award of this contract to various vendors on October 1, 2015; and

WHEREAS, subsequent to the award of Contract #15-F it was announced that Ford Motor Company, the manufacturer of Item #1 (F-450 with gasoline engine) and Item #3 (F-550 with gasoline engine), would not be providing these vehicles due to the inability of the vehicles to meet 2016 emissions standards; and

WHEREAS, subsequent to the award of Contract #15-F, a challenge was made by a vendor regarding the award of Items #1, #3 and #4 to Ditschman/Flemington Ford claiming that the vehicles being supplied were not compliant with the bid specifications in addition to the emissions issues with Items #1 and #3); and

WHEREAS, Ditschman/Flemington Ford did not list any exceptions to the bid specifications on their bid proposal; and

WHEREAS, the MCCPC contacted Ditschman/Flemington Ford for response to the challenge and received correspondence that the vehicles were not in compliance with the bid specifications; and

WHEREAS, Ditschman/Flemington Ford must be found to be in default for Items #1, #3 and #4 and those items must be rescinded; and

WHEREAS, Items #1 and #3 will not be re-bid this year due to the emissions issues; and

WHEREAS, Route 23 Automall in Butler, New Jersey, is the lowest responsive and responsible bidder for Item #4 in Contract #15-F 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 finds Ditschman/Flemington Ford in default of the contract and authorizes the rescission of Items #1, #3 and #4 as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Item #4 in Contract #15-F (Cab/Chassis with Dump Bodies, 2016 Models) to Route 23 Automall as stated above for the term November 1, 2015 - October 31, 2016.

10. Refund Outside Tax Sale for Block 154, Lot 94, 8 Beaver Dam Rd. to US Bank Customer for PC5 Sterling National—$4,865.81

R-270-15

WHEREAS, Outside Tax Sale Certificate #2019 held by US Bank Cust for PC5 Sterling National assessed to Walter/Kelly Knapp, Block 154, Lot 94, 8 Beaver Dam Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $3,365.81 and premium in the amount of $1,500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $4,865.81 to US Bank Cust for PC5 Sterling National, holder of Tax Sale Certificate #2019.

11. Social Affairs Permit, Police Pipes and Drums of Morris County, at Saint Andrews Greek Orthodox Church, 1447 Sussex Tpke., Randolph, NJ on November 21, 2015 from 6:00 p.m. to 11:00 p.m.

G. UPCOMING EVENTS

Fire Company 5—Casino Night—Saturday, October 24th at 7:00 p.m.
Veterans Day Ceremony—November 11th at 11:00 am—VFW on Carrell Road
Randolph Rock Stars Event, Randolph Education Foundation and Randolph Rotary—Meadow Wood Manor—Thursday, November 12th from 7:00 p.m. to 10:00 p.m.
Council Only—Annual Fire Inspection on November 14th, starts at Shongum Mtn. at 1:30 p.m. and ends at Shongum Mtn. at 5:00 p.m. followed by dinner at Picatinny Arsenal at 6:00 p.m.
Volunteer Recognition Ceremony—starts at 7:00 p.m. following 6:00 p.m. Council meeting on Thursday, December 3rd
Holiday Tree Lighting—Saturday, December 5th at 7:00 p.m.—Community Center
Senior Holiday Luncheon—Tuesday, December 8th at 12:00 p.m.—Community Center
Recreation Volunteer Awards—Tuesday, December 8th at 6:30 p.m.—Community Center
Employee Appreciation Breakfast—Wednesday, December 9th at 9:00 a.m.
Reorganization Meeting—Friday, January 1st at 1:00 p.m.
Randolph Museum Holiday Open House—December 5th from 12:00 p.m. to 4:00 p.m.

H. ORDINANCES: SECOND READING/PUBLIC HEARING

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

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

Manager Mountain explained that, subsequent to the publication of this Ordinance, the township received a number of calls from towing contractors looking to provide additional input on the Ordinance. In order to allow for the meeting scheduled for October 27th, the Manager recommended not acting on the Ordinance, but carrying it to the next Council meeting on November 5th. Based on the input, the recommendation will either be to reject this Ordinance and revise it, or to move on the Ordinance as written. Township Attorney Ed Buzak added that the public hearing will also be carried to the Council meeting on November 5th at 7 p.m.

Councilman Guadagno made a motion to accept the Manager’s recommendation. 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

2. 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

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

Manager Mountain explained that this is the funding Ordinance for the Butterworth II sewer project. It includes all the work and materials associated with the project. The project will follow the terms of the agreement discussed previously with Kushner.

OPEN TO THE PUBLIC

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

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 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 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

I. ORDINANCES: INTRODUCTION

1. Ordinance #24-15: An Ordinance Amending Section 15-41.A. Accessory Buildings or Structures, of Article IV, Supplementary Zoning of the Land Development Ordinance of the Township of Randolph to Permit Sheds within Side and Rear Yard Accessory Structure Setbacks

Manager Mountain asked Darren Carney to provide an overview of the Ordinance. Darren Carney explained that small garden sheds are regulated the same as a detached garage or any accessory structure even though sheds under 100 square feet don’t require a building permit. Current setbacks for accessory structures range from 15-30 feet. On smaller lots, that would mean the garden shed would be in the middle of the yard. Over the years, residents have asked for sheds to be closer to the property line. Darren researched the variance applications since 1997, and there have only been three; he suspects residents are just putting them up in violation of the zoning. The three variances that were approved by the Board of Adjustment were 1.4 feet, 1.3 feet, and 1.5 feet. These were residents putting additions on houses or a deck, and when the township inspected them, they noticed the sheds were too close to the property line, and the Board approved the shed that was already there. Darren looked at surrounding municipalities and other counties to see what their setbacks were for the smaller sheds; he provided the information for each of the 9 towns. Throughout the county and in New Jersey in general, it is typically a 5 foot setback. The Ordinance also limits it to one shed within the accessory structure setbacks.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-41.A, ACCESSORY BUILDINGS OR STRUCTURES, OF ARTICLE IV, SUPPLEMENTARY ZONING OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO PERMIT SHEDS WITHIN SIDE AND REAR YARD ACCESSORY STRUCTURE SETBACKS” 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 5th of November, 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 Guadagno asked for clarification regarding the side yard setback for the shed. Darren Carney explained that sheds are permitted to be on the side of a house, provided the setbacks from the house structure and property line are met; however, they are generally put in the back corner of the property. There was some discussion on whether the sheds are allowed on the side yard, near the front of the house; sheds are not permitted in the front of the property.

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

2. Ordinance #25-15: An Ordinance Amending Section 15-90.8 Penalty, of Article VII Administration, Enforcement and Fees of the Land Development Ordinance of the Township of Randolph

Manager Mountain explained that the state amended its maximum penalty to $1,250 several years ago; the township’s penalty is $1,000. There has been a subsequent amendment to $2,000; however, there are other stipulations associated with that would be complicated on the municipal level. This Ordinance amends the penalty to $1,250 which is in line with the state level.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-90.8 PENALTY, OF ARTICLE VII ADMINISTRATION, ENFORCEMENT AND FEES OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Guadagno made a motion to introduce the Ordinance. Councilman Loveys 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

3. Ordinance #26-15: An Ordinance Re-appropriating $58,295.13 Proceeds of Obligations Not Needed for Their Original Purposes in Order to Provide for Other Purposes in and by the Township of Randolph

Manager Mountain explained that this Ordinance is taking funds originally set aside to upgrade the township’s communication center when the dispatch system was handled by the township, and apply it to a current need for radio maintenance. When dispatch was transferred to the county system, the county provided the funding to buy the radios, but the maintenance and replacement is on the township.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE RE-APPROPRIATING $58,295.13 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR OTHER PURPOSES IN AND BY THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Napoliello 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

J. DISCUSSION ITEMS

1. Best Practices

Manager Mountain explained that this is a relatively new system where the state annually asks all municipalities to publicly address a number of “best practice” questions, mostly pertaining to the financial operation of the town. The township responds very conservatively; however, most of the questions are answered affirmatively. Randolph falls within the scoring which puts it in the highest percentile, and it does not come with a penalty. If a municipality falls below a certain threshold, it could potentially lose a percentage of state aid. The Manager asked the Council for any questions related to the answers provided by him and Darren Maloney.

Mayor Veech stated that she had asked Manager Mountain about question 21, related to Pay to Play. She remembered what happened to the county when they had not put the right wording in for Pay to Play for the federal. The Mayor asked the Manager to explain to the Council why the township isn’t using that language. Manager Mountain explained that for the question, “has your municipality adopted a Pay to Play Ordinance pursuant to the state statute that is more restrictive than the state statutory requirements,” they responded “no.” He explained that the situation the county was involved with was not a compliance issue with the state Pay to Play rules, it was an issue with federal regulations and they were utilizing their local Pay to Play language in the contract. He and Darren Maloney are satisfied that matching the state level of Pay to Play is more than sufficient; if there was a situation where the township was involved with a federal contract, the specifications would be adjusted accordingly.

Councilman Loveys asked about question 6, elected officials and an annual ethics instructional course. He remembered in the past there was discussion about having a course taught for the Council, besides the sessions at the State League of Municipalities convention. Manager Mountain explained that they were satisfied that, at a minimum, all the members go through the courses offered by the insurance company. Since many attend the state convention or other seminars during the year, it was felt that the requirement was met.

Councilman Loveys also asked for clarification on question 7, related to collective bargaining and 2%. He asked about Randolph’s calculation of economic impact. Manager Mountain explained that they calculate even beyond what the state takes into account. Darren Maloney explained that, after every contract negotiation, they have to file with PERC. PERC doesn’t cover certain give-backs that the unions gave the township. It does fall under 2% if the other give-backs by the unions are factored in.

Councilman Loveys asked if questions 48 and 49 were answered no solely because a merit bonus is offered. Manager Mountain explained that Darren Maloney is very conservative; however, if he was to answer the question, he would say yes. He interprets the question differently, but by answering no, there is no effect on the overall scoring.

Manager Mountain stated that this discussing had to be done publicly, and now it will be sent to the state.

2. Wildlife Feeding Ordinance

Mayor Veech explained that Keli Gallo had sent an email to the Council, and asked her to present her findings related to wildlife feeding.

Keli Gallo stated that she researched and found that there isn’t any case law in place evaluating an ordinance prohibiting the feeding of wildlife if it causes a public health nuisance or if it causes a specific problem. They tried to anticipate what issues might arise with such an ordinance, and those issues were included in the distributed email. The enforcement of the ordinance might be problematic at the municipal court level. Attorney Gallo stated that she did find in her research that there have been several ordinances that have been reviewed that have complete bans, and they have all been upheld.

Councilman Guadagno stated that he agrees that there is a problem which needs to be addressed. However, he questioned whether the one exception, the height of a bird feeder, had to be included since he felt it to be unnecessary. Attorney Gallo stated that it can be worded differently or removed entirely.

Councilman Forstenhausler questioned if a resident could say they were just feeding the birds and not the other wildlife. Keli Gallo stated that could be the reason other municipalities’ language has been more specific, but she explained that the ordinance will never be perfect.

The consensus of the Council was to change the language of the ordinance to allow bird feeders, without the specific height requirement. The ordinance will be introduced at the November 5, 2015 Council meeting.

K. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she would like the Council to change the fence ordinance so residents can have six or eight foot fences as long as they are open-type in order to prohibit deer from entering properties. Mrs. Stewart felt this would go along with the wildlife feeding ordinance. She made reference to the fence the Chabad installed after obtaining a variance from the Board of Adjustment.

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

L. COUNCIL COMMENTS

Councilman Guadagno reported that he attended the Water Master Plan meeting. He felt Bob Michaels did an excellent job pinpointing what needs to be done to the township when there is going to be growth; there are not exact numbers, but it leaves room for growth. The plan is not yet complete. Manager Mountain added that it is evolving due to pending litigation, but when the update is available, it will be discussed in Executive Session.

Councilman Forstenhausler reported that he and Councilwoman Carey attended the Board of Adjustment meeting which Mrs. Stewart referenced regarding the Chabad fence. He stated that the fence was funded by a Federal Anti-terrorism Grant; the reason for the height being six feet around the entire property was because the Federal Government would not have given the grant unless it was. The federally funded grant was related to the Chabad being persecuted for religious reasons; therefore, they did not have the option to have a four foot fence in the front. Councilman Forstenhausler explained that their testimony at the Board of Adjustment was that the fence was not to prevent animals from entering, but that it was a security fence.

Councilwoman Carey reported that the Library staff had training on active shooter/intruder in the library. The training was very well received by the staff, and they felt Lieutenant Harzula and the other officers did a fabulous job. Manager Mountain said he would pass the information to Chief Stokoe. Councilwoman Carey also reported that the change to the summer library hours, with it being open on Saturdays, had a significant response. The decision was made to again open on Saturdays next summer.

Councilwoman Carey also reported that she attended the recent bench dedications; she feels it is a great program. She thanked Russ Newman and the others involved with the program.

Deputy Mayor Hirniak reported the following:

He attended the Country Fair, and the turnout was excellent. He congratulated the Rotary and the township on another excellent Country Fair.
He was asked to address the Randolph Republican Club on October 7th since the Morris County Prosecutor’s Office employees could no longer speak at political events. He thanked Manager Mountain for his help preparing the topics which were presented; he felt it was very well received.
He spoke at the 2nd Annual Induction Ceremony for the Randolph High School Athletic Hall of Fame on October 10th. The Deputy Mayor shared some of the records held by past high school athletes. He felt the Council should continue to honor township athletes, whether it’s at the high school level or recreation level. He encourages anyone who receives an invitation to a future induction ceremony to attend the event.
He attended the Fire Company #4 pancake breakfast on October 11th.
He and Councilman Forstenhausler went on a fire call on October 12th. He had been at the firehouse preparing for his participation at the upcoming burning building drill at the Fire Academy. While there, the alarms went off and Fire Official Rich Briant asked if they wanted to go along to the fire call. The Deputy Mayor thoroughly enjoyed the experience and encouraged others to visit township facilities and other township groups.
He spoke at the bench dedications for on October 13th. He complimented Councilman Napoliello on his poignant words that he shared at the dedication for Mary Ranucci.
He attended the Parks Advisory Committee meeting on October 13th. There was discussion on the Master Plan; Russ Newman presented an overview of what has been going on through his department. A comment was made about how the wood on the benches that are being dedicated is graying, and if there was a way to refresh them. Russ Newman said that he would look into it.
He attended the Career Fair at Randolph High School on October 14th. He attended two sessions, and felt it was a good event.
He distributed to the Council a document he received when he attended the Freight Railroad Advisory Committee meeting on October 15th. He gave a brief description of some of the Power Point slides in the document, and asked the Council to review it and provide feedback.
He attended the Fire Prevention Open House at Company #2 on October 17th.
He attended the Historic Bus Tour on October 17th; he learned a lot about the township that he didn’t know.
He attended a black tie event at the Marriott in Park Ridge on October 17th; it was a fundraising event for the Onyx and Breezy Foundation which is an animal rights group. Members of Friends of the Pound, several Animal Control Officers, Dr. Voynick, and John Herald were also there.
On October 21st he spoke at the Morris County Hispanic American Chamber of Commerce celebration of the one year anniversary of the Corner Bistro in the Party City shopping center; it is owned by Harold and Oscar Vargas.

Township Buzak explained that Jeff Surenian, who has done much of the affordable housing work in the state, is an inductee of the Randolph High School Athletic Hall of Fame; he was a championship wrestler.

M. EXECUTIVE SESSION

There was no Executive Session.

N. ADJOURNMENT

Councilwoman Carey made a motion to adjourn the meeting at 8:05 p.m. 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