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

Minutes: September 1, 2016

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Hirniak. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 4, 2015 by e-mailing them the annual resolution adopted by the Council on December 3, 2015. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 10, 2015.

2. Roll Call

PRESENT:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

ABSENT:
Councilman Guadagno
Councilwoman Veech

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

3. Pledge of Allegiance

Mayor Hirniak led the Pledge of Allegiance.

B. PROCLAMATION

1. Recognizing Nicholas DaSilva for Surviving His Battle with Cancer and Declaring September 2016 as Childhood Cancer Awareness Month

Mayor Hirniak reported that Mrs. DaSilva was not at the meeting. He asked that Donna Luciani mail the proclamation to her.

C. SWEARING IN OF POLICE OFFICERS

1. Swearing in of Police Sergeant Jeff Goral and Police Sergeant Daniel Novoa

Manager Mountain welcomed everyone. He explained that Officers Jeff Goral and Daniel Novoa had successfully completed the rigorous background and evaluation process conducted by the State Chiefs Association of New Jersey, and that they possess a wide range of skills and have excellent performance records with the Randolph Police Department.

Manager Mountain provided the personal, educational, and professional background for Officer Jeff Goral; he was joined by his family, and sworn in by his wife, Jessica.

Manager Mountain provided the personal, educational, and professional background for Officer Daniel Novoa; he was joined by his family, and sworn in by his wife, Jasmine.

Manager Mountain thanked Chief David Stokoe, and his command staff for their effort in coordinating the promotional process.

Chief Stokoe thanked everyone for attending, explained how difficult the promotional process is, and congratulated the two, new Sergeants.

Mayor Hirniak explained that, when he and the Council members speak to residents, they often report that one of their reasons for moving to Randolph was its safety. The Police Department is the main reason Randolph is a safe township. He thanked the department for their hard work and dedication; he congratulated the two, new Sergeants as well as the Police Chief and his command staff for their mentorship and guidance and the Police Department as a whole.

Break for Police reception—7:15 p.m. to 7:25 p.m.

D. PRESENTATION

1. Master Plan Re-examination Report and Recommendations—Bob Michaels and Darren Carney

Manager Mountain explained that the Council received the final Master Plan Re-examination Report. The Council workgroup, and members of the various land use boards spent the last year reviewing the Master Plan and providing feedback to Bob Michaels and Darren Carney. The report includes a good overview of where the township stands in relation to the goals of the last Master Plan report, and also includes recommendations for the future.

Bob Michaels explained that it is an update, as well as a re-examination, and that the format of the plan is dictated by the Municipal Land Use Law. He explained that the group looked at the 2006 Master Plan, they determined the differences in policies and objectives, and they looked at the demographic changes that have occurred in the community since the last Master Plan. Mr. Michaels provided the following highlights of the Master Plan Report and recommendations:

Modifications to the Land Use Plan for Mount Freedom, South Salem Street, Cluster Zoning/Zoning Corrections, Public Lands and miscellaneous
Adoption of an amended Center Plan for the Mount Freedom Village Center
Creation of a pattern book to more clearly identify design and architectural patterns desired by the community
Amend land use ordinance to be substantially consistent with the Land Use Plan and Housing Plan
Adoption of a revised Circulation Plan

Mr. Michaels explained that the re-examination identified some specific proposals:

Mount Freedom area:

The previous plan showed an extension of a public road that would intersect with Sussex Turnpike across from Millbrook Ave. That should now be a public driveway, with parking behind the south side of the properties that front to Sussex Turnpike between Millbrook and Brookside Rd.
Zoning should be amended to allow mixed residential and commercial uses.
The Valley Road neighborhood is currently located in the R-2 zone, but was developed in accordance to R-3 zone standards. In order to avoid numerous variance requests, the area should be restored to the R-3 zone.
The permitted use standards in the Limited Village Commercial (LVC) District should be amended to include retail sales.
Re-zoning in the Harvey Terrace and Carellen Place neighborhood; it is currently in the R-2 zone, but the lots are similar to those found in the R-3 zone.
There are two locations identified in the Mount Freedom center which will be examined more fully in the Mount Freedom study.
To implement the Mount Freedom study, there should be amendments to the ordinance that are proposed in the study; the study should be identified as part of the Mast Plan, as it was before.

Councilman Loveys asked how, in certain sections, the zoning had changed to R-2 if it was developed in R-3; he asked if it was because, at the time of re-zoning, it was a global area. Darren Carney replied that the Valley Road neighborhood was originally developed under the R-3 zoning, the Planning Board twice denied the sub-division application, and the court approved it. The developer got his approvals, and the township down-zoned it after the approvals were in place.

Councilman Loveys asked for clarification on Resolution R-229-16 related to the Mount Freedom area. Manager Mountain explained that the resolution will authorize Bob Michaels to facilitate the review, and complete a report on the Mount Freedom area.

Mayor Hirniak asked for the next steps in the process. Manager Mountain explained that the Mount Freedom study will be the next step, which will take several months to complete. There are ordinances related to the zone issues, which will be prepared in the fall. They will be brought to the Council for review and action. These steps should take approximately 6 to 8 months to complete.

Councilman Loveys confirmed that whatever is completed will still be subject to change as the housing issues go through the courts. Mr. Michaels explained that the re-examination report, with any multi-family housing or housing above commercial properties in the Mount Freedom area, will probably have a component of affordable housing; it would help the township toward its affordable housing obligation.

E. OPEN TO THE PUBLIC

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

F. MANAGER’S REPORT

Manager Mountain reported the following:

Resurfacing Program—township Public Works has completed all of the streets scheduled to be resurfaced in the spring, with the exception of one, Henderson Place, which will be completed in the coming week. The overall project was ahead of schedule, and under budget. Combes Avenue, which was not on the original list, was added; this road also had a drainage project which was completed in the last year which made the road surface rough. The finances and the next sequence of roads is currently being reviewed; it could be an additional 6 to 8 roads. He will forward the list to the Council in the next week. The contractor will be scheduled to complete the work before the end of October. He commended the Engineering and Public Works departments for completing this job, with the record number of roads, and miles of roads.
Harvey Terrace/Carellen Place Neighborhood—he and Ralph Carchia met with the residents to conduct a public information meeting on the water main extension being installed in that neighborhood this fall. The meeting was attended by approximately half the residents, about 15-20 people. Ralph presented the plans and the schedule, as well as how the residents would connect to the system. The overall feedback was positive. The project will extend water to 30 properties; completion is expected by December.
Infrastructure Workgroup—he, Darren Carney, Keli Gallo, and the infrastructure workgroup met with representatives from Verizon. Verizon is looking to install a small network node, and the associated equipment, on either existing poles (telephone, lighting) or, if required, on a pole to be installed. The representatives at the meeting explained that these nodes would not replace existing towers or planned towers, they are designed to complement the data capacity or phone service already coming off the towers. This request is from Verizon; however, all of the utilities in the wireless business could make the same request. Keli Gallo advised the workgroup that, under existing statute, the township cannot reject such a proposal, but through an ordinance, it can govern how the work is to be done and the ground rules associated with it. The Verizon representatives did not yet determine specific locations, but felt they would be in a targeted area, that will be provided in approximately 3-6 months. After much discussion, the workgroup directed him to have Keli Gallo draft an ordinance; once the draft is complete, he will schedule it for discussion with the Council. The Verizon representatives will present to the Council and to the public.
Butterworth Phase II Project—this is being constructed by Pulte Homes, under a settlement agreement with the township. The gravity collection line work and the pump station are nearing completion. The pump station is expected to be placed into service by the end of September. In supplement to this project, the township has completed the installation of sanitary sewer line from the intersection of Sussex Turnpike, and south onto Brookside Rd. This work was completed at this time in order to allow Morris County to finalize the paving work associated with the Sussex Turnpike project; it was originally part of Butterworth Phase III. An additional benefit of completing this now was to allow sewer connections for residents and businesses along Sussex Turnpike to be expedited. The remainder of the Phase III project will be completed as scheduled, in 2017. He commended Ralph Carchia and Paul Ferriero for their work on the project.

Councilman Forstenhausler added that Verizon Wireless feels they may have to add between one and four of the network nodes in the township. The nodes are approximately 24 inches high, with a small box; the box is usually near the node, but may need to be at the bottom of the pole. They discussed at the workgroup meeting that the impact to residents and homeowners should be minimal; Verizon agreed to work with the township on that issue. It will require the ordinance and a Right of Way Use Agreement, which is also being addressed currently.

G. APPROVAL OF MEETING MINUTES

1. Approval of Regular Council Meeting Minutes of July 7, 2016 and July 28, 2016

Councilman Forstenhausler made a motion to approve the Regular Meeting Minutes from July 7, 2016. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Loveys - Abstain
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

Councilman Forstenhausler made a motion to approve the Regular Meeting Minutes from July 28, 2016. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

H. PUBLIC HEARING—SOIL MOVEMENT HEARING—PRIMROSE SCHOOL

1. R-217-16 Approving the Soil Movement Permit for Block 18.01, Lot 1.12—Primrose School Located at 2 Middlebury Blvd., Randolph, NJ

Mayor Hirniak explained that the township received an application for a Soil Movement Permit from the Primrose School to develop a childcare facility to be constructed at 2 Middlebury Boulevard. The applicant has received the primary and final site plan approval for the construction of a 12,200 sq.ft. school facility and site improvements. Per Ordinance 15-47.4C of the Revised Ordinances of the Township of Randolph, the Council has jurisdiction over the matter since the applicant seeks to move more than 2,001 cubic yards of soil to their site. The applicant is seeking to import approximately 7,600 cubic yards of soil.

Donna Luciani confirmed receipt of the applicant’s proof of notice of the property owners within 200 feet, as well as proof of publication of the public hearing.

Manager Mountain explained that the hearing is to ensure consideration of public health, safety, and general welfare, as well as any recommendations noted by the Planning and Zoning Administrator on behalf of the township Planning Board. Per the Ordinance, particular consideration should be given to the following factors: soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and uses, and any other such factors that may be relevant to the harmonious physical development of the land. The Manager highlighted the following key elements of the Resolution:

The permit is limited to a two month period from the commencement of work, to allow the applicant ample time to complete the movement of the soil to the site.
The soil movement activities are required to take place between 9 a.m. and 5 p.m. Monday through Friday, excluding public holidays.
The applicant shall ensure the vehicles used to move soil utilize Middlebury Boulevard, and County and State roadways.
The applicant is not allowed to load and unload heavy excavation equipment on the street, it must be done on the site.
The traffic control recommendations will be determined by the Police Chief, and it will be the applicant’s responsibility to coordinate with the Chief in advance of the operation.
The township will require 10% of the proposed cost of site development, at least $2,000 in cash and balance by surety bond.
The applicant must comply with all the conditions imposed by the Planning Board.
The applicant is bound to comply with the soil movement and sediment control laws, both locally and in the State of New Jersey.

Attorney Nicole Magdziak, of the Day Pitney law firm, stated that she represented the applicant and that she was joined by Project Engineer, Mark Zelina. Mark Zelina, of Maser Consulting 330 Newman Springs Road, Red Bank, NJ was sworn in by Township Attorney, Keli Gallo.

Mark Zelina reported the following:

The site is at the corner of Middlebury Boulevard and Canfield Avenue.
They were precluded by the County from having an entrance off Canfield Avenue. As a result, the orientation of the building needed to be along the frontage of Middlebury Boulevard which has a significant slope; there is a 14 foot drop in grade from one end of the site to the other.
The building is one-story, 12,000 square feet; the building itself is 180 feet wide. It needs to sit on a flat plane. To achieve the appropriate grades in and out of the site from Middlebury Boulevard, the site requires the 7,600 cubic yards of fill.
Because of the certifications required for a day care facility, the fill must be absolutely clean and tested.
At this time, the source of the soil is unknown; therefore, the route to the site has not been determined. Since the entrance to the site is less than 100 feet away from Canfield Avenue, the only township road affected should be Middlebury Boulevard, and that would be minimal based on the location. It is anticipated that the trucks would travel from Canfield Avenue to Route 10 West.

Mayor Hirniak stated that there had previously been a discussion about the soil being imported from another site in the township, and asked if that was still a possibility. Mr. Zelina stated that he could not testify to that at this point; however, that would be preferred and beneficial, but it is dependent on the timing. They are actively trying to secure all the permits required by the Planning Board, and the building permits.

Councilman Napoliello asked the anticipated start date. Mr. Zelina replied that they would like to begin as soon as possible. The last outstanding item is to obtain the approval of the septic system by the Board of Health.

Mayor Hirniak confirmed with Attorney Magdziak that the applicant had reviewed Resolution R-217-16 and agreed to all the terms and conditions.

Councilman Loveys asked if the 10% bond would be placed prior to the start of the importation. Mr. Zelina replied that it would.

OPEN PUBLIC HEARING

Councilman Napoliello made a motion to open the public hearing. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

Judith Stewart of 114 Everdale Road noted that in Resolution R-217-16 it states that soil movement will take place Monday through Friday, excluding public holidays, and asked if public holidays included religious holidays. She also asked if the trucks would utilize Sussex Turnpike. Manager Mountain replied that public holidays would be observed national holidays, and Mr. Zelina replied that, at this time, he did not know if the trucks would utilize Sussex Turnpike. Mrs. Stewart stated that two of the high holy days of the Jewish year fall on weekdays during this timeframe. She felt that the soil movement should be prohibited on those days since people walk along Sussex Turnpike to get to the synagogue. Mayor Hirniak clarified the dates with Mrs. Stewart as Monday, Oct. 3rd and Wednesday, Oct. 12th. Mr. Zelina stated that they do not anticipate the start of construction to be prior to October 11th. Mr. Zelina added that he did not have a problem with those restrictions, and that any soil movement activities will be coordinated with the Randolph Police Department.

Mayor Hirniak explained that Resolution R-217-16 will need to be amended as follows:

2. f) - second sentence will read: “The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property, religious holidays, and local or regional traffic conditions.”

Letter “j” will be added, and it will read: “The applicant agrees that soil movement activities shall not take place on October 3 and 4, 2016 (Rosh Hashanah) or on October 11 and 12, 2016 (Yom Kippur).”

CLOSE PUBLIC HEARING

Councilman Napoliello made a motion to close the public hearing. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

RESOLUTION

Councilman Forstenhausler made a motion to approve Resolution R-217-16 with the noted amendments. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

R-217-16

WHEREAS, Primrose School, the “Applicant,” has submitted to the Township of Randolph, the “Township,” an application for a soil movement permit involving the movement of soil on Lot 1.12, Block 18.01, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on the corner of 2 Middlebury Boulevard, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately seven thousand, six hundred (7,600) cubic yards of soil will be imported to the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Planning Board of the Township of Randolph for the for Granting Preliminary and Final Site Plan Approval; and

WHEREAS, by resolution adopted by the Randolph Township Planning Board on June 6, 2016, the Planning Board of the Township of Randolph approved said application for Granting Preliminary and Final Site Plan Approval , subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Planning Board of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil movement application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on September 1, 2016 by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on September 1, 2016 provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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 Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.
The Township Council hereby approves and grants soil movement permit application of Primrose School and is consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:
1. The importation of soil to the Property shall be limited to a 2 month time period.
2. Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding public holidays.
3. Top soil shall be retained on the site and no top soil is to be removed from the site.
4. The Applicant shall insure that the vehicles used to import soil take Middlebury Boulevard to County and State roadways. No township streets in Randolph, other than Middlebury Boulevard, shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.
5. The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.
6. The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property, religious holidays, and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.
7. When the soil removal and soil filling application is based upon a site plan application, a bond in the amount of 10 percent of proposed cost of site development, at least $2,000 in cash and balance by surety bond, shall be posted to guarantee that the applicant will commence construction within 2 years and complete same within 3 years, unless said term is extended by the issuing authority.
8. The Applicant shall comply with all conditions imposed by the Planning Board as stated in their Resolution of June 6, 2016, as well as all ordinances including, but not limited to, Section 15-47, et seq.
9. The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Planning Board on June 6, 2016.
10. The applicant agrees that soil movement activities shall not take place on October 3 and 4, 2016 (Rosh Hashanah) or on October 11 and 12, 2016 (Yom Kippur).
All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.
This Resolution shall take effect immediately.

I. COMBINED ACTION RESOLUTIONS

Mayor Hirniak reported that Item #19, Resolution R-236-16 was removed in order to clarify an issue.

Item #21, Agreement with MCMUA for the marketing of recycling materials—Councilman Loveys asked for clarification from Mark Caputo on the threshold. Mark responded that the threshold is Re-Community’s, the entity who accepts the township’s recyclables, operational costs. They put a value on it, subtract it from the actual market rate, and the difference comes back to the township. If the market value of the commodity goes below the threshold, then the township owes them for the disposal of materials.

Mark Caputo informed the Council that, in the latest statistics, the township recycles over 60% of the total solid waste stream, which is one of the highest in the county.

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

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

1. Refund Overpayment of 2016 Taxes for 12 Tammy Hill Trail, Block 213, Lot 6 to Warren/Joanne Veech—$3,768.82

R-218-16

WHEREAS, Warren/Joanne Veech has overpaid 2016 taxes in the amount of $3,768.82, on Block 213, Lot 6, known as 12 Tammy Hill Trail; and

WHEREAS, it is recommended by the Tax Collector that this payment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the payment of $3,768.82 to Warren/Joanne Veech.

2. Refund Escrow Funds for 274 S. Salem Street, Suite 100, Block 195, Lot 20 to Morris Habitat for Humanity—$342.04

R-219-16

WHEREAS, the Planning and Zoning Department received escrow funds from Morris Habitat for Humanity, Inc., 274 S. Salem Street, Suite 100, Randolph, NJ 07869, Block 195 Lot 20, located at 274 S. Salem Street and in the amount of $3,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $342.04 be refunded to Morris Habitat for Humanity, Inc. 274 S. Salem Street, Suite 100, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

3. Release Road Opening Cash Bond for Repairing-Repaving Existing Driveway at 65 Carrell Road, Block 85, Lot 8 to Frank Centore—$500.00

R-220-16

WHEREAS, the Engineering Department has received a request from Frank Centore for the release of a $500.00 cash road opening bond posted for the purpose of repairing/repaving the existing driveway at 65 Carrell Road, Randolph NJ 07869 BL85/L8; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 18, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repairing/repaving of the existing driveway at 65 Carrell Road, Randolph NJ 07869, within the Township Right of Way; and

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

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Frank Centore at 65 Carrell Road, Randolph NJ 07869.

4. Release Road Opening Cash Bond for Putting in a New Driveway at 36 Windsor Ave., Block 105, Lot 2 to Hector and Daisy Suarez—$500.00

R-221-16

WHEREAS, the Engineering Department has received a request from Hector & Daisy Suarez for the release of a $500.00 cash road opening bond posted for the purpose of putting in a new driveway at 36 Windsor Avenue, Randolph NJ 07869 BL105/L2; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 18, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the putting in a new driveway at 36 Windsor Avenue, Randolph, NJ 07869, within the Township Right of Way; and

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

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Hector & Daisy Suarez at 36 Windsor Avenue, Randolph NJ 07869.

5. Release Road Opening Cash Bond for Removing and Replacing Driveway at 10 Aldebaran Dr., Block 23, Lot 14 to Benjamin Sclafani—$500.00

R-222-16

WHEREAS, the Engineering Department has received a request from Benjamin Sclafani for the release of a $500.00 cash road opening bond posted for the purpose of removing and replacing a driveway at 10 Aldebaran Drive, Randolph NJ, B23/L14; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 14, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the removing and replacing of a driveway at 10 Aldebaran Drive, Randolph, 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 Benjamin Sclafani at 10 Aldebaran Drive, Randolph, NJ 07869.

6. Refund Overpayment of 2016 Taxes on 17 Crest Drive, Block 161, Lot 23 to Thomas and Nancy Martin—$3,267.86

R-223-16

WHEREAS, Thomas/Nancy Martin has overpaid 2016 taxes in the amount of $3,267.86 on Block 161, Lot 23, 17 Crest Drive; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $3,267.86 to Thomas/Nancy Martin.

7. Approving Items of Revenue and Appropriation, Now Available from the Labor Day Drive Sober Grant, to Be Inserted into the 2016 Budget—Labor Day Drive Sober Grant—$5,000.00

R-224-16

WHEREAS, NJSA 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item has been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion an item of appropriation for an equal amount,

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Randolph, in the County of Morris, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2016 in the sum of $5,000, which is now available from the FY 2016 Labor Day Drive Sober Grant in the amount of $5,000.

BE IT FURTHER RESOLVED, that the like sum of $5,000 is hereby appropriated in the 2016 budget under the caption Labor Day Drive Sober Grant- 2016; and

BE IT FURTHER RESOLVED, that the above is the result of funds administered by the NJ Division of Highway Traffic Safety’s FY 2016 Labor Day Drive Sober Grant Fund in the amount of $5,000.

8. Requesting the Approval of Items of Revenue and Appropriation, Now Available from the Municipal Alliance Grant Fund, to Be Inserted into the 2016 Budget under the Caption Municipal Alliance Grant—2016—$17,248.00—$4,312.00 Representing the Municipality’s Share

R-225-16

WHEREAS, the Director may also approve the insertion an item of appropriation for an equal amount;

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Randolph, in the County of Morris, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2016 in the sum of $17,248, which is now available from the FY 2016/17 Municipal Alliance Grant in the amount of $17,248; and

BE IT FURTHER RESOLVED, that the like sum of $17,248 is hereby appropriated under the caption Municipal Alliance Grant—2016; and

BE IT FURTHER RESOLVED, that the sum of $4,312 representing the amount required for the municipality’s share of the aforementioned undertaking or improvement, appears in the budget of the year 2016 under the caption Municipal Alliance—Salary and Wages and Municipal Alliance—Other Expense and is hereby appropriated under Municipal Alliance—Town Match; and

BE IT FURTHER RESOLVED, that the above is the result of a State grant of $17,248 from the Governor’s Council on Alcoholism and Drug Abuse Fiscal Grant—Cycle July-2016 to June 2017.

9. Requesting the Approval of Items of Revenue and Appropriation, Now Available from the Municipal Alliance Grant Fund, Be Inserted into the 2016 Municipal Budget—$2,000—$1,000 Representing the Municipality’s Share

R-226-16

WHEREAS, the Director may also approve the insertion an item of appropriation for an equal amount;

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Randolph, in the County of Morris, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2016 in the sum of $2,000 which is now available from the FY 2016/17 Municipal Alliance Grant Fund -Supplemental in the amount of $2,000; and

BE IT FURTHER RESOLVED, that the like sum of $2,000 is hereby appropriated under the caption Municipal Alliance Grant—2016 -Supplemental; and

BE IT FURTHER RESOLVED, that the sum of $1,000 representing the amount required for the municipality’s share of the aforementioned undertaking or improvement, appears in the budget of the year 2016 under the caption Municipal Alliance—Salary and Wages and Municipal Alliance—Other Expense and is hereby appropriated under Municipal Alliance—Town Match—Supplemental; and

BE IT FURTHER RESOLVED, that the above is the result of a State grant of $2,000 from the Governor’s Council on Alcoholism and Drug Abuse Fiscal Grant—Cycle July-2016 to June 2017.

10. Authorizing the Township of Randolph Deferred Compensation Plan

R-227-16

WHEREAS, the Township of Randolph (hereinafter referred to as the “Employer”) desires to attract and retain qualified employees to the Employer and, as a means thereof, is contemporaneously adopting an Internal Revenue Code Section 457 Deferred Compensation Plan (hereinafter referred to as the “Plan”) for the purpose of making available to eligible employees the accrual of tax benefits under such Plan; and

WHEREAS, the Employer desires such Plan to comply with the Small Business Job Protection Act of 1996, the Economic Growth and Tax Relief Reconciliation Act of 2001, the Job Creation and Worker Assistance Act of 2002, the final Internal Revenue Code (“Code”) Section 415 regulations, Pension Protection Act of 2006, the Heroes Earnings Assistance and Relief Tax Act of 2008 and the Worker, Retiree, and Employer Recovery Act of 2008 amendments to Section 457 of the Internal Revenue Code, such amendments being necessary to maintain the Plan as an eligible Deferred Compensation Plan within the meaning of Section 457 of the Internal Revenue Code of 1986 (“Code”), as subsequently amended; and

WHEREAS, the Employer also desires such Plan to comply with the regulations promulgated under Code Section 457 (including proposed revisions thereto); and Internal Revenue Service Revenue Procedures 2004-12 and 2004-56; and

WHEREAS, the Employer solicited and received proposals for such Plan from the following vendors:

AXA
1290 Avenue of the Americas
New York, New York 10104

Mutual of America
300 Interpace Parkway
Parsippany, New Jersey 07054

Lincoln Financial Group
61 South Paramus Road
Paramus, New Jersey 07652

Nationwide Retirement Plans
10 West Nationwide Boulevard
Columbus, Ohio 43215

VALIC
4300 West Cypress Street
Tampa, Florida 33607

WHEREAS, AXA has been found to possess the necessary administrative, enrollment, and servicing capabilities for the Plan as its offers additional investments and will provide additional retirement investment options to participating employees. It also offers proactive investment strategies for a fee that was determined to be competitive.

NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the Plan prepared by AXA and assigned Plan Document identifier 88-SA-AXA Equitable-080813 by the Director of the Division of Local Governmental Services.

BE IT FURTHER RESOLVED that the Employer is adopting a Deferred Compensation Plan substantially similar to one on which a favorable Private Letter Ruling has been previously obtained from the Internal Revenue Service except for provisions added by reason of the Small Business Job Protection Act of 1996 (United States Public Law No. 104-88), the Economic Growth and Tax Relief Reconciliation Act of 2001 (United States Public Law No. 107-16), the Job Creation and Worker Assistance Act of 2002 (United States Public Law No. 107-147), the final Internal Revenue Code (“Code”) Section 415 regulations, Pension Protection Act of 2006 (United States Public Law No. 109-280), the Heroes Earnings Assistance and Relief Tax Act of 2008 (United States Public Law No. 110-245) and the Worker, Retiree, and Employer Recovery Act of 2008 (United States Public Law No. 110-458), and regulations promulgated under Code Section 457 (including proposed revisions thereto), and Internal Revenue Service Revenue Procedures 2004-12 and 2004-56, and all such provisions are stated in the Plan in terms substantially similar to the text of those provisions in Internal Revenue Code Section 457. The use of the Ruling is for guidance only and the Employer acknowledges that for Internal Revenue Service purposes, the Ruling of another employer is not to be considered precedent.

BE IT FURTHER RESOLVED that the Plan Administrator-the Finance Director/CFO, shall be designated as the official representative of the Township of Randolph and Local Plan Administrator for the Administration of the Plan.

BE IT FURTHER RESOLVED that AXA shall be retained by the Employer as a contractor under the Deferred Compensation Plan, and AXA shall educate all eligible employees of the Employer regarding the Plan and shall enroll and service those eligible employees who participate in the Plan. As enrolling agent, AXA shall be the exclusive agent for its funding options to be offered under the Plan.

BE IT FURTHER RESOLVED that there has been no collusion or evidence or appearance of collusion between any local official and a representative of the contractor in the selection of a contractor for the administration of a Service Agreement pursuant to N.J.A.C. 5:37-5.7.

BE IT FURTHER RESOLVED that the Township Manager is authorized to execute a Service Agreement with AXA and that such Service Agreement has been assigned by the Director of the Division of Local Government Services the following identifier: 88-SA-AXA Equitable-080813 and to submit all necessary documents to the Director of Local Government Services in the State Department of Community Affairs for approval.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services within the State Department of Community Affairs.

11. Renewal of Membership in the Morris County Municipal Joint Insurance Fund

R-228-16

WHEREAS, Randolph Township is a member of the Morris County Municipal Joint Insurance Fund; and

WHEREAS, membership in the Fund terminates as of December 31, 2016, unless earlier renewed by agreement between Randolph and the Fund; and

WHEREAS, Randolph Township desires to renew said membership.

NOW, THEREFORE BE IT RESOLVED, as follows:

Randolph Township agrees to renew its membership in the Morris County Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulation, coverages and operating procedures thereof as presently existing or as modified from time to time by lawful acts of the Fund.
The Governing Body of Randolph Township shall be and hereby is authorized to execute the agreement to renew membership annexed hereto and made part hereof and to deliver same to the Morris County Municipal Joint Insurance fund evidencing Randolph Township’s intention to renew its membership.

12. Authorizing the Award of an Agreement with Robert Michaels and Associates to Professional Planning Services for Update of the Mt. Freedom Village Plan from Sept 1, 2016 through August 31, 2017

R-229-16

WHEREAS, the Township of Randolph (“Township”) requires professional planning services for update of the Mt Freedom Village Plan for the period of September 1, 2016 through August 31, 2017; and

WHEREAS, the Township has agreed to retain Robert Michaels and Associates located at 7 Lookout Rd, Randolph, NJ 07869 to provide the necessary professional planning services for update of the Mt Freedom Village Plan for a total amount not to exceed $16,100; and

WHEREAS, the fees are as noted in the attached proposal; and

WHEREAS, the anticipated term of this contract is from September 1, 2016 through August 31, 2017; and

WHEREAS, the contract with Robert Michaels and Associates is for a total amount not to exceed $16,100 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, Robert Michaels and Associates has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification should the dollar amount of their contract be amended during the term of this contract and exceed $17,500 and the requirements of the Anti Pay-to-Play Legislation would then apply; and

WHEREAS, Robert Michaels and Associates has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

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

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

The Township hereby hires, employs and retains Robert Michaels and Associates having an office at 7 Lookout Rd, Randolph, NJ 07869 to provide professional planning services for update of the Mt Freedom Village Plan for the period of September 1, 2016 through August 31, 2017.
Robert Michaels and Associates shall be compensated for a total contract amount not to exceed $16,100.
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: September 1, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2016 Budget, Planning/Zoning Board O&E, to award a contract to Robert Michaels and Associates for planning services at Mount Freedom Village, per its proposal to the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-21-180-302 (not to exceed $10,000)
01-201-21-180-301 (not to exceed $3,050)
01-201-21-180-300 (not to exceed $3,050)

13. Authorizing Contracts with an Additional Approved Vendor under the Educational Services Commission of New Jersey Cooperative Pricing System (ESCNJ) Formerly Known as “MRESC”

R-230-16

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 11, 2016 via R 57-16 and on July 28, 2016 via R 213-16 authorized contracts with certain approved ESCNJ (MRESC) Contract vendors; and

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

WHEREAS, the additional ESCNJ (MRESC) Contract Vendor 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 Vendor 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 the additional approved ESCNJ (MRESC) Contract Vendor on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township 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 ESCNJ (MRESC) Contract Vendors shall be until December 31, 2016 or upon expiration of the vendor’s contract whichever is first.

14. Refund Outside Tax Sale Certificate for Block 119, Lot 110.14, 29 Woodmont Drive to Stuart Lasher—$8,226.97

R-231-16

WHEREAS, Outside Tax Sale Certificate #1961 held by Stuart Lasher, assessed to Gus Stamoutsos, Block 119, Lot 110.14, 29 Woodmont Dr.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $7,826.97, and premium in the amount of $400.00.

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 $8,226.97 to Stuart Lasher holder of Tax Sale Certificate #1961.

15. Refund Overpayment of 2016 Taxes for Block 131.01, Lot 6 to 28 Fairfield Ave to Nimit and Krishna Mehta—$3,351.20

R-232-16

WHEREAS, Nimit/Krishna Mehta has overpaid 2016 taxes in the amount of $3,351.20 on Block 131.01, Lot 6, 28 Fairfield Ave.; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $3,351.20 to Nimit/Krishna Mehta.

16. Endorsing an Application for a Treatment Works Approval for a Certain Sanitary Sewer System Along Brookside Road

R-233-16

WHEREAS, Dewberry Engineering has completed the design for the sewer design for the Brookside Road Sanitary Sewer Extension; and

WHEREAS, the Township of Randolph must apply to the New Jersey Department of Environmental Protection for a Treatment Works Approval for the connection of the proposed development to the existing sanitary sewer system; and

WHEREAS, in order for the New Jersey Department Environmental Protection (“NJDEP”) to consider the extension, the same must be endorsed by the Township, among others; and

WHEREAS, the Township desires to authorize the execution of the endorsement of said extension.

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 endorses a request for a Treatment Works Approval for an extension of the existing sanitary sewer within Brookside Road, approximately 760', to connect the existing sanitary sewer manhole in Brookside Road.
The Township Manager is hereby authorized and directed to execute the appropriate endorsements for the Treatment Works Approval, together with other appropriate officers and employees of the Township of Randolph, are hereby authorized and directed to take all actions necessary to effectuate the purposes of this resolution.
This resolution shall take effect immediately.

17. Awarding a Contract for the Purchase of an Unused 2016 Ford -F350 or Equivalent to Route 23 Automall, LLC in Butler—$33,545.00

R-234-16

WHEREAS, the Township of Randolph advertised for the Purchase of One (1) New, Unused 2016 Ford F-350 or Equivalent in accordance with Local Public Contracts Law and received bids on August 4, 2016; and

WHEREAS, 3 bids were received; and

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

Chas S. Winner dba Winner Ford, Cherry Hill, NJ—Bid: $29,316;
Chapman Ford, Egg Harbor Twp, NJ—Bid: $33,074;
Route 23 Automall LLC, Butler, NJ—Bid: $33,545; and

WHEREAS, the apparent low bidder, Chas S. Winner dba Winner Ford of Cherry Hill, provided a bid with multiple material, non-waivable exceptions to the specifications, including vehicle year (2017), exception to delivery timeframe and penalty, and exception to pickup/delivery provision under warranty, making them a non-responsive bidder and therefore their bid must be rejected; and

WHEREAS, the second apparent low bidder, Chapman Ford of Egg Harbor Twp, NJ, provided a bid with material, non-waivable exceptions to the specifications, including vehicle year (2017) and inability to meet the 30-day delivery requirement, making them a non-responsive bidder and therefore their bid must be rejected; and

WHEREAS, the third apparent low bidder, Route 23 Automall LLC, of Butler, NJ took one non-material, waivable provision (no sliding rear window) but is otherwise responsive and responsible; and

WHEREAS, the Public Works Director and the Purchasing Agent recommend the award of the contract to Route 23 Automall LLC, of Butler, NJ as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Purchase of One (1) New, Unused 2016 Ford F-350 or Equivalent to Route 23 Automall LLC, Butler, NJ in the amount of $33,545; and

WHEREAS, the Finance Officer has certified to the availability of funds for this project.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the bids of the first and second apparent low bidders are hereby rejected as a result of their inclusion of material non-waivable exceptions to the bid specifications listed above and that a contract be awarded to Route 23 Automall LLC, of Butler, NJ for the Purchase of One (1) New, Unused 2016 Ford F-350 or Equivalent project for the price of $33,545 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 1, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 13-16, Purchase Park Equipment, to award a contract to Route 23 Automall for a 2016 Ford F-350, per its response to a Township solicitation for bids.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-975-314 (not to exceed $33,545)

18. Authorizing a Time Extension for a Professional Services Agreement to Dewberry Engineers, Inc. for the Design of a New Sanitary Sewer Pumping Station as Part of the Butterworth Project—the Price Amount of the Contract Will Not Increase as a Result of this Time Extension

R-235-16

WHEREAS, the Township of Randolph (“Township”) adopted Resolution 89-13 on February 21, 2013 awarding a one-year professional services agreement from February 21, 2013 through February 20, 2014 to Dewberry Engineers Inc. for the design of a new sanitary sewer pumping station as part of the Butterworth Project; and

WHEREAS, the Engineering Department through issuance of a requisition has advised that the work was finally completed by February 26, 2016 thus requiring the extension of the original agreement from February 20, 2014 through February 26, 2016 for the completion of the work; and

WHEREAS, the original contract amount of $30,000 will not increase as a result of this time extension.

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 Dewberry Engineers Inc. for the design of a new sanitary sewer pumping station as part of the Butterworth Project be extended at no additional cost to the Township through February 26, 2016.

19. REMOVED

R-236-16

20. Release Remaining Escrow for Block 44, Lots 8, 9, 10 Located at 879 Route 10 to SJC Builders—$492.65

R-237-16

WHEREAS, the Planning and Zoning Department received escrow funds from SJC Builders, 879 Route 10, Randolph, NJ 07869, Block 44 Lot 8, 9, 10, located at 879 Route 10 and in the amount of $26,500.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $492.65 plus interest be refunded to SJC Builders, 879 Route 10, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

21. Authorizing Mayor to Sign the Agreement for Randolph Township to Re-Enter into an Agreement with the Morris County Municipal Utilities Authority (MCMUA) for the Marketing of Recycling Materials

R-238-16

WHEREAS, the Morris County Municipal Utilities Authority (MCMUA) has negotiated recycling rebates for most commodities directly with Re-Community in Mine Hill and makes the pricing available to all Morris County municipalities; and

WHEREAS, Randolph Township has and will benefit from this agreement due to the MCMUA’s multiple municipality bargaining power; and

WHEREAS, the Township of Randolph wishes re-enter their contract with the MCMUA and join them in their contract with Re-Community of Mine Hill for the purpose of complying with recycling mandates.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Township of Randolph that authorization has been given for the Mayor to sign the Agreement for Marketing of Recyclable Materials between the MCMUA and Randolph Township.

22. Release Maintenance Guarantee for Public Improvements—Heritage Village VIII (Guerin Farms) to SJC Builders—$26,763.69

R-239-16

WHEREAS, a cash bond in the amount of $26,763.69 was posted by SJC Builders to serve as the Maintenance Guarantee for the public improvements; and

WHEREAS, the public improvements have been inspected and no additional maintenance is required.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the cash bond in the amount of $26,763.69, plus accrued interest, be released to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

23. Release a Cash Monument Bond for Heritage Village X, Block 47, Lot 12, Lake Cherokee to SJC Builders in the Amount of $3,771.90

R-240-16

WHEREAS, a cash bond in the amount of $3,771.90 was posted by SJC Builders to serve as a guarantee for the installation of monuments at Heritage Village X; and

WHEREAS, SJC Builders were required to install the monuments at Heritage Village X—Lake Cherokee, per the approved subdivision plan, prior to the release of the cash bond; and

WHEREAS, to insure the required monuments were installed the cash bond was posted by the developer and deposited with the Finance Department;

WHEREAS, the Engineering Department confirms that the monuments have been installed and inspected and no other installations are required; and

WHEREAS, it is recommended by the Engineering Department that the cash bond, in the amount of $3,771.90 be released.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the cash bond in the amount of $3,771.90, plus accrued interest, be released to SJC Builder, 1360 Sussex Turnpike, Randolph, NJ 07869.

24. Refund Road Opening Cash Bond for the Purpose of Repaving-Repairing the Driveway at 27 Meadowbrook Rd., Block 154, Lot 18—Sol Nevins—$500.00

R-241-16

WHEREAS, the Engineering Department has received a request from Sol Nevins for the release of a $500.00 cash road opening bond posted for the purpose of repaving/repairing the driveway at 27 Meadowbrook Rd, Randolph NJ 07869 B 154/L 18; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 22, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repairing/repaving the driveway at 27 Meadowbrook Rd , 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 Sol Nevins at 27 Meadowbrook Rd, Randolph NJ 07869.

25. Raffle License, Off-Premise Merchandise, Randolph High School Band Parents Association, December 21, 2016 at the Randolph High School Band Room, 511 Millbrook Avenue, Randolph, NJ at 7:00 p.m.

26. Raffle License, Off-Premise Merchandise, Randolph Education Foundation on November 3, 2016 at the Meadow Wood Manor, 461 Route 10 East, Randolph, NJ at 9:00 p.m.

27. Raffle License, On-Premise 50/50, Randolph High School Band Parents Association at the Randolph High School, 511 Millbrook Ave., Randolph, NJ on October 1, 2016 from 6:00 p.m. to 10:00 p.m.

28. Raffle License, On-Premise 50/50, Morris County Council of Education Associations Philanthropic Fund, Meadow Wood Manor, 461 Route 10 East, on November 17, 2016 from 6:00 p.m. to 8:00 p.m.

29. Raffle License, Off-Premise 50/50, Morris County Council of Education Associations Philanthropic Fund, Meadow Wood Manor, 461 Route 10 East, on March 29, 2017 from 6:00 p.m. to 10:00 p.m.

30. Raffle License, On-Premise 50/50, Morris County Council of Education Associations Philanthropic Fund, Meadow Wood Manor, 461 Route 10 East, on May 24, 2017 from 4:30 p.m. to 7:00 p.m.

31. Raffle License, Off-Premise 50/50, St. Andrew’s Greek Orthodox Community Center of Randolph, 1447 Sussex Tpke., December 18, 2016 at 1:00 p.m.

J. UPCOMING EVENTS

Randolph Area Chamber of Commerce and Randolph Economic Development Committee—Randolph Business After Hours at Mt. Freedom Golf, 1275 Sussex Tpke., September 9th from 5 p.m.—7 p.m. RSVP by 9/1 to 973-361-3462
Beefsteak Dinner at Randolph Co. #2, 340 Route 10 West, Saturday, September 10 from 6:00 p.m. to 11:00 p.m.—see Mark Forstenhausler for tickets—$35
Patriot’s Day at VFW Post 7333, 103 Carrell Road, Sunday, September 11 at 11:00 a.m.
Morris County Remembers 9/11—The Morris County 9/11 Memorial on West Hanover Avenue, September 11 at 6:00 p.m.
Council Only—Senior Picnic at Brundage Park, Tuesday, September 13 from 11:30 a.m. - 2:30 p.m.—RSVP to .(JavaScript must be enabled to view this e-mail address)
Chasing the Dragon—Heroin/Opiate Training Forum—September 13, St. Peter’s University MacMahon Student Center, 47 Glenwood Ave., Jersey City—Registration 9:00-10:00 am, Program 10:00 a.m.-1:00 p.m.—Pre-Registration: drugfreenj.org/ChasingTheDragon
Randolph Area Chamber of Commerce Meeting—Pet Wellness Today—featured speaker: Dr. Brian Voynick from American Animal Hospital, at La Strada Restaurant, Thursday, September 15 at 11:45 a.m.—$22 for members, $30 non-members
Library event: Christopher Dean Band, Sunday, September 18 at 2:00 p.m., Randolph Library on Calais Road—register at 973-895-3556
Morris County League of Municipalities dinner at the Lake Hopatcong Yacht Club, Mt. Arlington, NJ—Speaker President James V. Fakult of JCP&L on September 21 at 5:00 p.m.
Pilates on 10 Program Ribbon Cutting event—The Wellness Center of Northwest Jersey, 765 Route 10 East, 1st Floor, on Friday, September 23—9:00 a.m. to 12:00 p.m., Ribbon cutting at 11:00 a.m.
Clean Communities Day—Municipal Building, 502 Millbrook Ave, Saturday, September 24. Registration 8:30 a.m.—event ends at 12:00 p.m.
Randolph Country Fair, 502 Millbrook Ave, Saturday, October 1—10:00 am to 5:00 p.m. Rain date—Sunday, October 2
Powerflow Yoga Ribbon Cutting event, 3 Middlebury Blvd., Saturday, October 1 at 9:00 a.m.
Casino Night, Randolph Fire Engine Company No. 5, 118 West Hanover Ave., on October 15 from 7:30 p.m. to 11:30 p.m.; 5:30 p.m. - 7:30 p.m. cocktail mixer included in price
Kiwanis Club event at the Randolph Diner on September 21; cocktails at 6:00 p.m., dinner at 7:00 p.m.
Book Sale at Randolph Library—Sept. 9th and 10th.

K. ORDINANCES: INTRODUCTION

1. Ordinance No. 21-16: An Ordinance of the Township of Randolph Appropriating $500,000 from the Recreation-Open Space Trust Fund for Various 2016 Parks and Recreation Capital Improvements

Manager Mountain explained that Ordinance is for recreation capital improvements. It was held off this year to allow for the Parks and Recreation Master Plan process to complete. The items listed in the Ordinance are consistent with the Capital Plan, as well as what was listed in the recommendations for 2016 recreation improvements. The funding will be from the Recreation Open Space Trust Fund. The improvements include:

Randolph Museum repairs
Brundage Park—first step in the reserve for field lighting replacement and the first step in reserve for the playhouse improvements
Freedom Park—playground improvements, improvements to the overflow parking and the crossing to the overflow parking, and improvements to the garage
Heistein Park—reserve for the field lighting, and field improvements
Randolph Park—repaving the parking lot
General Park Improvements—ADA accessibility, trail markers, funding for a development plan for the 90 Acres property, Trail Master Plan, and security cameras

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $500,000 FROM THE RECREATION-OPEN SPACE TRUST FUND FOR VARIOUS 2016 PARKS AND RECREATION CAPITAL IMPROVEMENTS” 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 15th of September 2016 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 there was a slight shift in the Trail Master Plan and the ADA, he asked if it was a place mark. Manager Mountain explained that the amount will be determined after the request for proposals goes out, but it was felt it was an ample amount. The Council will see the proposals and award of contracts for the various projects.

Mayor Hirniak reported that he had some groups inquire about getting involved with the Trail Marker project, and asked Manager Mountain how those groups could get involved. The Manager said to have people contact Russ Newman since he is coordinating the project; he is contacting interested groups, and other groups and individuals can contact him as well.

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

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

2. Ordinance No. 22-16: An Ordinance of the Township of Randolph Appropriating $80,000 from a Community Development Block Grant for the Installation of a Wheelchair Lift at the VFW Building—Not to Exceed $80,000

Manager Mountain explained that this Ordinance memorializes the monies coming from the County, through the Township’s Capital Fund. The township has already appropriated its portion of the project. The township is in the final stages of the design, and the project will likely go out to bid in October, with a late winter or early spring completion date, depending on the weather. The elevator will be visible from the outside of the building; it is a glass enclosure which will be located on the parking lot side, on the back of the building.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $80,000 FROM A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE INSTALLATION OF A WHEELCHAIR LIFT AT THE VFW BUILDING—NOT TO EXCEED $80,000” be introduced, read by title by the Township Clerk and passed on first reading.

There was discussion regarding the wording “wheelchair lift” vs. “elevator”; the words are interchangeable.

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

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

3. Ordinance No. 23-16: An Ordinance Re-Appropriating $23,469.88 in Funds 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 for the second police messaging sign that was requested as part of the 2016 Capital program; it was always planned as a re-appropriation, so there is no change from the original plan.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE RE-APPROPRIATING $23,469.88 IN FUNDS 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 Loveys asked how many messaging signs the Police Department currently has. Manager Mountain explained that this would be the second sign; the small, speed signs are separate.

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

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech

L. DISCUSSION ITEMS

There were no discussion items.

M. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road, asked the Council to consider for future discussion a change to the fence ordinance. Currently, fences cannot be higher than four feet along the front of private property. Mrs. Stewart felt this should be increased since the deer can get over a four foot fence; an eight foot high fence would keep deer off properties.

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

N. COUNCIL COMMENTS

Councilman Napoliello reported that he spoke to Gary Algeier. Gary will be coming to New Jersey on October 6th, and that the bench dedication could possibly be on October 7th or 8th. Manager Mountain explained that the bench was ordered, but he would have to check on its availability. The tentative date was set for October 7th around 4 p.m. Manager Mountain will also check on the availability of past members of the Council who served with Gary Algeier.

Councilman Forstenhausler reported that he attended the subcommittee meeting with Verizon. He also reported that he attended the Randolph Rescue Squad blood drive held on August 5th; he felt it was very successful.

Councilman Forstenhausler re-addressed the issue of the bump on Everdale Road, near Millbrook Avenue, where the crosswalk was made to comply with ADA regulations. He asked if a warning sign could be placed there to indicate the bump. He was concerned with school starting, and students driving along there who were not aware of the bump. Manager Mountain explained that there was discussion between Public Works and Engineering, and that a sign had been ordered; he will check on the status. The Manager explained that any more permanent change to the roadway in that area is currently being held up with the freeze on DOT projects.

Councilman Forstenhausler asked if there was any update to the issue of the telephone pole on the corner of Calais Road at the intersection of Sussex Turnpike. Manager Mountain explained that he made the request with the County to move the pole, and the County explained they have to work with the utility company. The utility company likely does not feel the pole needs to be moved, and would not pay for it to be moved; therefore, it comes down to the County’s willingness to pay to move the pole. Manager Mountain is trying to determine the cost of moving the pole; he will check on the status with the County Engineer. Councilman Napoliello asked if, once the pole is moved, the street alignment would change. The Manager explained that he did not think the County would change the street since they just built it that way and thought there was no issue; the pole is the only thing at issue.

Councilman Forstenhausler asked for an update on the retaining wall project on Everdale Road. Manager Mountain explained that it is a fall project; the design is nearly done, it should go out to bid in mid-September, and expect the work to be completed by the end of the year. Councilman Forstenhausler was most concerned about the area near the horse farm, with the snow and ice coming in the near future.

Councilman Loveys reported that the Randolph and Madison recreation football leagues are playing each other, with all proceeds going to a fund honoring the Madison Police Captain who had passed away from cancer. He commended the volunteer coaches for their support of community outreach.

Mayor Hirniak reported the following:

He attended the Randolph Rescue Squad blood drive on August 5th. It was very successful; the amount of blood collected saved well over 100 lives.
August 8th he attended the last summer concert at the library.
August 9th he attended the Morris-Essex County Senior League Softball barbeque at Freedom Park. They honored a 90 year old player.
August 13th he attended and spoke at a VFW picnic at Freedom Park; Councilmen Napoliello and Guadagno also attended.
August 29th—he and Manager Mountain hosted Superintendent Fano and the 37 new hires in the school district. As part of their orientation, the Mayor and Manager spoke to them, and they toured the Municipal Building. He received positive feedback from Superintendent Fano.

O. EXECUTIVE SESSION

There was no Executive Session.

P. ADJOURNMENT

Councilman Forstenhausler made a motion to adjourn the meeting at 9:15 p.m. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Loveys
Councilman Napoliello
Deputy Mayor Carey
Mayor Hirniak

NAYS: None

ABSENT:
Councilman Guadagno
Councilwoman Veech