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

Minutes: October 2, 2014

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 6:00 p.m. by Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2013 by e-mailing them the annual resolution adopted by the Council on December 5, 2013. The annual resolution, including this meeting date, was advertised in the Randolph Reporter, the official paper of the Township of Randolph, and the Daily Record on December 12, 2013. The Notice of Time Change for this meeting was advertised in the Daily Record on September 30, 2014.

2. Roll Call

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

ABSENT: Deputy Mayor Veech

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

3. Mayor Loveys led the Pledge of Allegiance.

B. EXECUTIVE SESSION—6:00 p.m.

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 following portion of the meeting.

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

Litigation—Personnel Matters

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 Forstenhausler made a motion to move into Executive Session at 6:05 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Veech

Councilman Napoliello made a motion to return to Open Session at 6:55 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Veech

C. REOPEN REGULAR MEETING—7:00 p.m.

D. APPOINTMENT

1. Appointing Student Liaison to Parks Committee—Victoria Steele

Councilman Napoliello made a motion to approve the appointment of Victoria Steele as the second Student Liaison to the Parks Committee. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Veech

E. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she regrets that she will miss the dedications for Steve O’Mara and Chris Hellwig since she will be away, but thanked the Council for honoring the two.

Lee Whilden of 82 Radtke Road stated that she was impressed with all that Judith Stewart does for the community.

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

F. MANAGER’S REPORT

Manager Mountain reported the following:

He followed up with Atlantic Health regarding a resident’s ambulance bill that Councilman Guadagno brought up at a previous meeting. He also discussed with Atlantic Health the billing protocol in the contract. The Manager met with Atlantic Health representatives, they were very thorough, and demonstrated to him that they are following the contract with respect to billing. The specific bill had some complications, the resident was advised of the situation with the billing, there were some conversations between the two parties, and Atlantic Health is working with the resident on a retroactive appeal process with Medicare. Atlantic Health will now be reporting monthly via a spreadsheet on all of the bills in their system. Manager Mountain was impressed with their professionalism and felt the matter was resolved.
The tennis court resurfacing has been completed, and it is reopened. The basketball courts are being worked on presently.
The animal shelter project—the work is being completed mostly through township employees with some contracted work. The project is progressing well and slightly ahead of schedule. Most of the infrastructure work is complete, and final finishes are being done. A ribbon cutting ceremony is anticipated at the end of the fall or early winter. The Manager commended Donna Luciani on her leadership on the project. He also mentioned Ralph Carchia, Darren Carney, Richard Lindsay, and Charlie Crossan for their tremendous contributions to the project as well as other members of the Water & Sewer and Public Works Department.
There was a small fire in the Support Services area of the Police Headquarters on September 20th. The damage was limited to that office, with a little damage to the administrative office next door. The cause of the fire was determined to be a battery charger for a hand held radar gun that overheated. The fire went up the wall to the ceiling, where the sprinklers were then activated. Aside from the smoke damage, most of the damage was from the water from the sprinkler system and fire extinguishers. Donna Luciani has been coordinating much of the follow up action on the fire. The Manager explained some of the clean up process that day & in the week or so following. The Support Services unit is temporarily operating out of a small conference room. The township will be working closely with the JIF on the claim. He commended everyone that has been involved with the remediation.

G. COMBINED ACTION RESOLUTIONS

Item #5 & #6—Councilman Forstenhausler asked for clarification. Manager Mountain explained that they are authorizing contracts for Randolph to purchase off of Middlesex Coop and state contracts.

Item #15—Councilman Guadagno asked for clarification. Donna Luciani explained that Mr. Buttafuoco is purchasing Taste restaurant, with that comes a liquor license so he has to transfer it into his name; it’s a person to person transfer.

Councilman Guadagno made a motion to approve 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 Hirniak
Councilman Napoliello
Mayor Loveys

NAYS: None

ABSENT: Deputy Mayor Veech

1. Refund Tax Sale Certificate for Skyhil Corp—828 Route 10 to Robert Rothman—$32,984.95

R-257-14

WHEREAS, Outside Tax Sale Certificate #1838 held by Robert Rothman, assessed to Skyhil Corp., Block 42, Lot 2, 828 Route 10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $32,984.95.

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 $32,984.95 to Robert Rothman holder of Tax Sale Certificate #1838.

2. Refund Registration for Ice Hockey Program to Andrea Ferrier—$1,175.00

R-258-14

WHEREAS, Andrea Ferrier registered her child for Randolph Township Ice Hockey program and paid the fee of $1,200.00; and

WHEREAS, their child will not be participating.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $1175.00 be refunded to Andrea Ferrier, 29 Black Birch Drive, Randolph, NJ 07869.

3. Approving the Updated Personnel Manual—Employee Handbook

R-259-14

WHEREAS, the Township of Randolph wishes to update the sections of the Personnel Manual/Employee Handbook which deals with the use of the vehicle policy, communications, media policy, video surveillance policy, family and medical leave act policy and domestic violence leave policy.

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Township of Randolph that the revised policy to the Employee Manual is accepted and approved.

4. Authorizing a Change in Scope and Increase Cost of $36,150.00 for a Professional Services Agreement with Ferriero Engineering for the Design of Butterworth Interceptor Phase II Project Bringing the New Total to $106,650.00

R-260-14

WHEREAS, the Township of Randolph (“Township”) adopted Resolution 135-12 on May 3, 2012 awarding a one-year professional services agreement to Ferriero Engineering for the design of the Butterworth Interceptor Phase II project; and

WHEREAS, in February 2014 the Engineering Administrator advised that the work was still not completed and that Ferriero Engineering required additional time for performing the services; and

WHEREAS, the original contract amount of $70,500 would not increase as a result of this time extension; and

WHEREAS, on March 20, 2014 the Township Council via Resolution 96-14 authorized a time extension until the project is fully completed with no increase in cost; and

WHEREAS, in September 2014, the Township Engineering Administrator advised that the design of the Sussex Turnpike interceptor has changed over time, requiring modifications to the project scope, said change in scope creating several new work items per the attached proposal; and

WHEREAS, the cost for these additional works items is $36,150.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey that the professional services agreement awarded to Ferriero Engineering for the design of the Butterworth Interceptor Phase II project shall be amended to include the modifications and new work items costing an additional $36,150.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: October 2, 2014

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 of the Township of Randolph, has ascertained that funds will be available in the Sewer Capital Fund, Ordinance 20-97, Butterworth Sewer extension account, to award a contract to Ferriero Engineering for the design of the Butterworth Phase II project, per its proposal.

____________________________
Darren Maloney
Chief Financial Officer
Budget Account: 08-215-55-901-300 (not to exceed $36,150)

5. Authorizing Contracts with Additional Certain Approved State Contract Vendors for Contracting Units Pursuant to N.J.S.A. 40A:11-12a

R-261-14

WHEREAS, the Township of Randolph on February 6, 2014 (R 70-14), February 20, 2014 (R 85-14), May 22, 2014 (R 151-14), June 12, 2014 (R 164-14) and July 31, 2014 (R 210-14) authorized contracts with certain approved State Contract Vendors pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c); and

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

WHEREAS, the additional State Contract Vendors have been added to the attached list.

NOW, THEREFORE, BE IT RESOLVED, that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from the additional approved New Jersey State Contract Vendors on the attached list, pursuant to all conditions of the individual State contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the Referenced State Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

6. Authorizing Contracts with Approved Vendor Under a Different Contract Under the Middlesex Regional Educational Services Commission Cooperative Pricing System

R-262-14

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may, by resolution and without advertising for bids, purchase any goods or services under a Cooperative Pricing System of which the Township is a member; and

WHEREAS, the Township of Randolph on February 6, 2014 via R 72-14 authorized contracts with certain approved MRESC Contract vendors; and

WHEREAS, it’s been determined that contracts in excess of $17,500 will be entered into with an already-approved MRESC Contract Vendor under a different contract; and

WHEREAS, the MRESC Contract Vendor/different contract has been added to the attached list; and

WHEREAS, the Township of Randolph anticipates entering into contracts in excess of $17,500 with the attached Referenced Contract Vendors through this resolution and properly executed purchase orders/contracts as needed, which shall be subject to all the conditions applicable to the current co-op contracts.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from those MRESC Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MRESC Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

7. Authorizing Award of MCCPC Contract #15A (Police Pursuit Vehicles—2015 Models) to Various Bidders

R-263-14

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, 2015 Models); and

WHEREAS, bids had been advertised and received on September 9, 2014, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, eight bids were received for Contract #15-A (Police Pursuit Vehicles, 2015 Models); and

WHEREAS, Beyer Ford in Morristown, New Jersey, was the lowest responsive and responsible bidder for Items #1, #2, #3, #4 and #5 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, Route 46 Chevrolet in Budd Lake, New Jersey, was the lowest responsive and responsible bidder for Items #8, #9, #10 and #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 award of Contract #15-A (Police Pursuit Vehicles, 2015 Models) as noted above for the term of November 1, 2014 - October 31, 2015.

8. Authorizing Award of MCCPC Contract #15B (Administrative Passenger Vehicles, 2015 Models) to Various Bidders

R-264-14

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, 2015 Models); and

WHEREAS, bids had been advertised and received on September 9, 2014, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, five bids were received for Contract #15-B (Administrative Passenger Vehicles, 2015 Models); and

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

WHEREAS, Route 46 Chevrolet in Budd Lake, New Jersey, was the lowest responsive and responsible bidder for Item 2 as shown on the attached Notification of Award for a one-year contract; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #15-B (Administrative Passenger Vehicles, 2015 Models) as noted above for the term of November 1, 2014 - October 31, 2015.

9. Authorizing Award of MCCPC Contract #15D (Service-Truck Bodies, 2015 Models) to Various Bidders

R-265-14

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, 2015 Models); and

WHEREAS, bids had been advertised and received on September 9, 2014, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, four bids were received for Contract #15-D (Service/Truck Bodies, 2015 Models); and

WHEREAS, Dejana Truck & Utility Equipment was the apparent low bidder for Items #2, #3, #4 and #5, however after the bid opening they were notified by the manufacturer that they were not authorized to be a distributor for all eight counties covered by the MCCPC and they subsequently withdrew their bid proposal; and

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

WHEREAS, Monmouth Truck Equipment in Shrewsbury, New Jersey, was the lowest responsive and responsible bidder for Item #1E as shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Tony Sanchez, Ltd, in Ledgewood, New Jersey, was the second lowest responsive and responsible bidder for Items #2, #3, #4 and #5 as shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #15-D (Service/Truck Bodies, 2015 Models) as noted above for the term of November 1, 2014 - October 31, 2015.

10. Authorizing Award of MCCPC Contract #15E—Item 1 (Hybrid Vehicles, 2015 Models) be Awarded to Route 23 Automall in Butler from November 1, 2014 to October 31, 2015 - $21,584.00

R-266-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-E (Hybrid Vehicles, 2015 Models); and

WHEREAS, bids had been advertised and received on September 9, 2014, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, one bid was received for Item 1 and no bids were received for Item 2 in Contract #15-E (Hybrid Vehicles, 2015 Models); and

WHEREAS, Route 23 Automall in Butler, New Jersey, is a responsive and responsible bidder for Item 1 in Contract #15-E at a price of $21,584.00 for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Item 1 in Contract #15-E (Hybrid Vehicles, 2015 Models) to Route 23 Automall for the term of November 1, 2014 - October 31, 2015.

11. Authorizing Award and Rejection of MCCPC Contract #15C (Utility Vehicles, 2015 Models)

R-267-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-C (Utility Vehicles, 2015 Models); and

WHEREAS, bids had been advertised and received on September 9, 2014, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, six bids were received for Contract #15-C (Utility Vehicles, 2015 Models); and

WHEREAS, it is recommended that all 35 items contained in Contract #15-C be awarded as shown on the attached Notification of Award for a one-year term with the following exceptions; and

WHEREAS, the General Conditions and Instructions to Bidders contained in the bid package states that, per N.J.S.A. 40A:11-18, only products manufactured or farmed in the United States, wherever applicable, shall be used unless the domestic product is deemed to be “unreasonable” when compared to the lowest bid; and

WHEREAS, Beyer CDJR in Morristown, New Jersey, was the apparent low bidder for Item #19 at the price of $28,794.00, however the vehicle offered is not manufactured in the United States; and

WHEREAS, Route 23 Automall in Butler, New Jersey, was the second low bidder for Item #19 with a vehicle manufactured in the United States for a price of $28,991.00 which is considered to be within a reasonable range; and

WHEREAS, it is recommended that the bid by Beyer CDJR for Item #19 be rejected as the vehicle is not a domestic product and the second low bid from Route 23 Automall is a domestic product priced within a reasonable range; and

WHEREAS, Route 46 Chevrolet in Budd Lake, New Jersey, was the apparent low bidder for Item #35 at the price of $20,373.00, however the vehicle offered is not manufactured in the United States; and

WHEREAS, Mall Chevrolet in Cherry Hill, New Jersey, is the apparent second low bidder for Item #35, however their bid proposal contained exceptions to the bid specifications and must be found to be non-responsive and rejected; and

WHEREAS, Beyer Ford in Morristown, New Jersey, was the third low bidder for Item #35 with a vehicle manufactured in the United States for a price of $21,590.00 which is considered to be within a reasonable range; and

WHEREAS, it is recommended that the bid by Route 46 Chevrolet for Item #35 be rejected as the vehicle is not a domestic product and the third low bid from Beyer Ford is a domestic product priced within a reasonable range; and

WHEREAS, Route 23 Automall in Butler, New Jersey, was the apparent low bidder for Item #33 and Item #34 however their bid proposal contained exceptions to the bid specifications and must be found to be non-responsive and rejected; and

WHEREAS, Beyer Ford was the second lowest responsive and responsible bidder for Item #33 and #Item #34 with no exceptions taken.

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-C (Utility Vehicles, 2015 Models) as shown on the attached Notification of Award for the term of November 1, 2014 - October 31, 2015.

BE IT FURTHER RESOLVED that the Township Council rejects the bids for Item #19, Item #33, Item #34 and Item #35 as noted above.

12. Authorizing Submission of Grant Application #00432 to NJ Department of Transportation for Meadowbrook Road Repaving Program

R-268-14

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 (00432) 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.

13. Authorizing Submission of Grant Application #00431 to NJ Department of Transportation for the Meadowbrook Road Repaving Project

R-269-14

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

BE IT FURTHER RESOLVED that the Mayor/Council and Clerk are hereby authorized to submit an electronic grant application identified as (00431) to the New Jersey Department of Transportation on behalf of Randolph Township.

BE IT FURTHER RESOLVED that Mayor/Council 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.

14. Authorizing Submission of Grant Application #00052 to the NJ Department of Transportation for the Franklin Road-South Salem Street and Heritage Bikeway Connectors Project

R-270-14

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

BE IT FURTHER RESOLVED that the Mayor/Council and Clerk are hereby authorized to submit an electronic grant application identified as (00052) to the New Jersey Department of Transportation on behalf of Randolph Township.

15. Authorizing a Person to Person Liquor License Transfer from Villa Viola, LLC to Mr. Crabby’s LLC, 300 Route 10 East, Randolph, NJ

R-271-14

WHEREAS, Mr. Crabby’s, LLC (“Applicant” or “Transferee”) has submitted an application together with supporting documentation and affidavits for a person-to-person transfer (“Application”) of a Plenary Retail Consumption Liquor License No. 1432-33-002-005 (“Liquor License” or “License”) from Villa Viola, LLC (“Transferor”) to the Applicant in accordance with the rules and regulations of the Township of Randolph (“Township”) and the New Jersey Division of Alcoholic Beverage Control (“ABC”); and

WHEREAS, Notice of the Application was published in the official newspaper of the Township on September 13, 2014 and September 24, 2014 in accordance with the statutory provisions; and

WHEREAS, the Transferor has submitted a Consent to Transfer Liquor License; and

WHEREAS, the New Jersey Department of the Treasury, Division of Taxation, has approved and issued an Alcoholic Beverage Licensee Clearance Certificate (Transfer); and

WHEREAS, the Township has not received any objection to the transfer of Liquor License No. 1432-33-002-005 to the Applicant; and

WHEREAS, all applicable requirements to transfer a plenary retail liquor license per N.J.S.A. 33:1, et seq., N.J.A.C. 13:2-4.1, et seq., and the Township of Randolph Revised Ordinances ?4-1, et seq. have been met, including the payment of all required fees.

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

The application of Mr. Crabby, LLC for a person-to-person transfer of the Plenary Retail Consumption Liquor License No. 1432-33-002-005 from Villa Viola, LLC to Mr. Crabby’s, LLC be and the same is hereby approved.
The Mayor and Township Clerk, together with all other appropriate elected and appointed officials and professionals, are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.
This Resolution shall take effect immediately.

16. Raffle License, Off Premise Merchandise, Randolph Education Foundation, Meadow Wood Manor, 461 Route 10, Randolph on November 20, 2014 at 9 a.m.

17. Social Affairs Permit Application, Police Pipes & Drums of Morris County, at the St. Andrew’s Greek Orthodox Church, 1445 Sussex Tpke, Randolph on November 22, 2014 from 6:00 p.m. to 11:00 p.m.

18. Raffle License, On Premise 50/50, Morris County Council of Education Association Philanthropic Fund Inc., on November 18, 2014 at the Meadow Wood Manor from 4:30 p.m. to 7:30 p.m.

19. Raffle License, Off Premise 50/50, Morris County Council of Education Association Philanthropic Fund, Inc., on March 25, 2015 at the Meadow Wood Manor from 5:30 p.m. to 8:30 p.m.

H. UPCOMING EVENTS

Kiwanis Park Ribbon Cutting on Tuesday, October 7th at 6:00 p.m.
Country Fair—Saturday, October 11, 2014—Town Hall, 502 Millbrook Ave., Randolph from 10:00 a.m. to 5:00 p.m.
Mayor’s Trail Trek—Saturday, October 11th at 9:30 a.m. at the Municipal Building trail head
Bench Dedication—Steve O’Mara on October 14th at 6:00 p.m. at the Cohn Farm trail
Bench Dedication—Chris Hellwig on October 23rd at 6:00 p.m. at Heistein Park

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #23-14: Funding Museum Improvements

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $50,000 FOR CAPITAL IMPROVEMENTS AND REPAIRS TO THE RANDOLPH MUSEUM FUNDED BY $50,000 FROM THE TOWNSHIP’S OPEN SPACE TRUST FUND” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is a Capital Ordinance that provides funding for improvements to the museum including repairs to windows, painting as well as structural issues with the deck and other aspects of the building as discussed at the introduction. These issues need to be addressed before the winter months.

OPEN TO THE PUBLIC

Lee Whilden of 82 Radtke Road asked what improvements were planned for the $50,000.

Mayor Loveys explained that it was left a little open because they were trying to accomplish various things at the museum. When they began the investigation into what was needed, other issues arose since it’s an old home. It was ultimately determined that there was some structural damage to a portion of the house that is utilized as an apartment. The bulk of the money will be spent on the structural aspects first.

Lee Whilden stated that there had been water in the basement and recommended that the sump pump be checked to make sure it’s working. There is a provision in the Historical Society by-laws for building code, and that was done so that if, in the future the town decides it may be something they don’t want to carry, they can use the Historical Society can purchase the building.

Judith Stewart of 114 Everdale Road stated that although she is not active at the museum, she is one of their financial supporters. She feels the museum is very important in the township; she clarified that the museum belongs to the township, not the museum board. Mrs. Stewart feels it is very important to maintain the building because it is historic in the town, and useful for housing the museum.

There was a brief discussion regarding the second floor apartment and the kitchen in the museum.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $50,000 FOR CAPITAL IMPROVEMENTS AND REPAIRS TO THE RANDOLPH MUSEUM FUNDED BY $50,000 FROM THE TOWNSHIP’S OPEN SPACE TRUST FUND” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT: Deputy Mayor Veech

J. DISCUSSION ITEMS

Manager Mountain prefaced the discussion by stating the first two items are driven by the third item, Best Practices Inventory. They are not necessarily items being pushed for, or endorsed, at this time.

1. Energy Aggregation

Manager Mountain explained that the state recently passed legislation allowing municipal governments to take advantage of energy aggregation. The township already does it as an organization; takes advantage of the buying power set up through the Joint Insurance Fund and energy aggregation pool. Community Energy Aggregation has taken a little longer to gain momentum, but it has picked up in the last year. That concept is that municipalities, either on their own or through participation in a cooperative, can take the lead on behalf of the full community and put an alternative provider bid together for certain energy services and allow community members or businesses in the community to get a lower energy price in the areas made available through this aggregation movement. Wharton Borough is looking to be a lead agency for an energy aggregation program open to municipalities on behalf of their communities. As the lead agency, they would hire professionals necessary to put together the bid package and monitor the awarding of the service. The municipalities could then piggy back off of that bid, and make that available to their residents. One complicating element is that it is an assumed opt-in for residents, but you have to get an explicit opt-out for those residents to not be switched over to the service that is awarded. Energy Aggregation is one of the items on the Best Practices Inventory checklist; at this point it has not been mandated that municipalities enter into it.

There was discussion about whether there really were long term savings, who would be responsible for checking the rates, and residents going to alternate electric companies on their own vs. the township being involved. It was decided that the Council did not have interest in pursuing energy aggregation.

2. Purchasing Card Option

Manager Mountain explained that the state had added this question to the Best Practices Inventory checklist; not saying the town has to use it, but that a discussion in a public meeting be held. The “P-Card” is a credit card with limitations that would be expected with a municipal purchasing vehicle. It is restricted to specific individuals, there are restrictions on dollar amount, limits on the time period of use, etc. The Manager has had some discussions internally & externally about it; it’s the kind of purchasing mechanism that doesn’t come into need very often. He felt it is not needed at this time, but if in the future it was something that was more readily required for purchases, the issue could be readdressed.

There was discussion on whether it would be something that could be used in emergency situations.

3. Review—Best Practices Inventory

Manager Mountain explained that the Best Practices Inventory is a list of questions from the state to ensure that municipal governments across the board are following best practices. If a municipality is unable to certify that it is in compliance, it could be susceptible to a reduction in state aid. In the past, Randolph has been well within the acceptable range.

There was discussion about Question #6 regarding the requirement of elected officials to attend an annual course covering the responsibilities and obligations of elected officials. Manager Mountain felt that it could be accomplished by having a group come to the municipal building for a presentation and require the Council to attend. There are also courses held at the League of Municipalities that the Council members can attend. Manager Mountain and Attorney Buzak will follow up and determine how to proceed.

There was discussion about Question #14 regarding a finance committee, what had been previously determined, and if it had been implemented. Manager Mountain stated that the monthly departmental reports contain the financial information, and that he could provide updates on the budget information at future Council meetings.

There was also discussion about Question #39 regarding health benefits. Manager Mountain felt that the municipality has explored and discussed this issue, but he will follow up with Darren Maloney to possibly include this on a Council agenda and therefore, change the answer for next year.

K. OPEN TO THE PUBLIC

Lee Whilden of 82 Radtke Road stated that she is on the board of the Friends Meeting House and Cemetery Association. As a provision of the League of Women Voters, one has to know her town and attend meetings. She felt that the representatives of the town should know about the buildings. The Friends Meeting House and Cemetery Association was built in 1758, it is the oldest, in-tact building in Morris County; it is on the National Register of Historic Sites. It was on the registry before Randolph had a Landmarks Committee. Mrs. Whilden offered to provide the Council and staff with a tour at their convenience.

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

L. COUNCIL COMMENTS

Councilwoman Carey reported that she provided a copy of the Library survey in each Council member’s mailbox. There were 175 responses; 94% gave high marks. The Library Board will look into the suggestions provided in the survey. The next survey will be given to residents who don’t use the Library and ask why.

Councilman Napoliello reported that he has taken the tour of the Friends Meeting House and it is interesting.

Councilman Guadagno reported that he read the Library survey and felt that the questions were formulated so the responses would be positive. He also stated that he’s heard from residents that they would like the hours extended, particularly in the summer months. He noted that it wasn’t a question on the survey. Councilwoman Carey responded that in the section where items were rated, the lowest rating was hours of operation.

Councilman Guadagno also reported that when he participated in Clean Communities Day, he was assigned Nottingham Way and Sherwood Drive. He stated that when the Board of Adjustment set it up, it was supposed to be a trailhead. He would like Darren Carney to review the settlement on the development and determine if that should be a trailhead and open to the public; if so, it should be marked accordingly. Councilman Guadagno found an extraordinary amount of pizza boxes and liquor bottles, he would like the police to patrol that area more.

Councilman Forstenhausler reported that he spoke to Gene Stracco about the adult men’s softball competition that they had entered in Central Park; they played 3 games and were not successful. Gene asked Councilman Forstenhausler if they would consider having the competition in Randolph next year.

Mayor Loveys reported that he has taken the tour of the Friends Meeting House as well; the Historical Society Bus Tour will be on October 11th. The Mayor also reported that the Randolph Reminisces program is offered through the Historical Society, and it is a very interesting program.

M. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she has encountered residents who were surprised at the library being closed on Saturdays in the summer. She felt that since the county library is open on Saturdays in the summer, the township library should be also.

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

N. ADJOURNMENT

Councilman Guadagno made a motion to adjourn the meeting at 8:30 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Deputy Mayor Veech