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

Minutes: September 5, 2019

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 5:30 p.m. by Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on November 29, 2018 by emailing them the annual resolution adopted by the Council on November 1, 2018. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 6, 2018. The time change for this meeting was emailed to the Randolph Reporter on August 27, 2019 and published in the Randolph Reporter on August 29, 2019.

2. Roll Call

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

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

3. Pledge of Allegiance

Mayor Loveys led the Pledge of Allegiance.

B. EXECUTIVE SESSION

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

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

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

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

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

* Affordable Housing Litigation

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

4. At the conclusion of the Executive Session, the Council may or may not reconvene in public session for the purpose of taking formal action.

Councilman Forstenhausler made a motion to move into Executive Session at 5:34 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

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

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

NAYS: None

There was a 10 minute break.

RE-OPEN MEETING:

Councilwoman Potter made a motion to direct the Township Attorney to proceed as directed in Executive Session. Councilman Nisivoccia seconded the motion, and the following roll call vote was taken:

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

NAYS: None

C. OPEN TO THE PUBLIC

Jim McConnell of 45 Carrell Road thanked Councilwoman Veech and other staff members for getting him more copies of the August issue of Randolph Neighbors.

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

Veterans Community Park Update—the bonding company, Selective, accepted the township’s determination that the contractor has defaulted on the project; the township is well into the process to establish tender agreement which will govern the selection of a completion contractor and the funding for which the bonding company will be responsible. The bonding company has also begun processing payment on the sub-contractor and supplier claims and those entities should be made whole by the end of this month. A tender letter from Selective is expected in the next day or so. The letter will outline Selective’s proposed terms for the tender agreement and will allow the township to work on the necessary language to finalize that agreement while the process to secure a completion contractor is ongoing. Selective advised that they will have the bid out in the coming week to the three local contractors the township recommended for consideration and hopes to have the submissions for review the week of 9/23. If this schedule holds, it is anticipated that the proposed tender agreement will be ready for Council action for the first meeting in October. The township would then push for the completion contractor to resume work on the project along with the sub-contractors who will be returning later in October. The township has a proposal into Selective for a contractor to conduct immediate work on the community garden which will include:
- Removal of the weed barrier fabric
- Removal of surface rocks
- Power raking the area
- Re-installation of the weed barrier fabric
- Seeding or sodding (to be determined based upon price) the area surrounding the beds

This work will be covered through an interim memorandum of understanding which he hoped to memorialize in the coming week or two. He was pleased overall with the attitude and approach taken by the bonding company on this claim and felt good that it is moving in the right direction. Selective has already been paying out claims to the suppliers and sub-contractors; he is hoping that those suppliers and sub-contractors continue with the project when it resumes.

Councilwoman Veech thanked him on behalf of the residents who have signed up for the community garden.

Manager Mountain reported the following:

Recreation Department Restructuring—due to Donna Moser’s retirement from the Recreation Department, the position was converted into a program/special events coordinator position. The hiring process is being completed, and the new employee should start by the end of September. A part-time employee was hired earlier in the year for the Rompers program. The restructuring will allow the department to better serve its programs and to expand the manner in which the special events are currently supported.
Road Resurfacing Program—the contractor began work this week and anticipates being done in two weeks. The program is taking place later this year due to being delayed by the weather.

E. APPROVAL OF MEETING MINUTES

1. Approving the Regular Council Meeting Minutes for June 27, 2019

Councilman Forstenhausler made a motion to approve the minutes from the June 27, 2019 regular Council meeting. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

F. PUBLIC HEARING—SOIL MOVEMENT HEARING—RANDOLPH 10 DEVELOPERS (WAWA)

1. Conduct Hearing

Mayor Loveys explained that the township received an application for a soil movement permit from Randolph 10 Developers, LLC, associated with the development of the Wawa food market and fueling station to be constructed at 358 State Highway 10 West and 127 Quaker Church Road, Block 137, Lots 2 & 5 on the tax map. The applicant received a preliminary and final site plan, and granting of variance relief from the Board of Adjustment on December 13, 2018 for the construction of this food market, fueling station and the associated site improvements. The approval was partially conditioned on approvals from all other governmental agencies that have jurisdiction. Per the Land Use Development, this is considered to be a bulk permit; when there are bulk permits, a public hearing is required. Pursuant to Ordinance 15-47.4C of the Land Development Ordinances, the Council has the jurisdiction over the matter because the applicant seeks to remove more than 2,001 cubic yards of soil from the site. In the application they estimated the removal of 4,362 cubic yards of soil. The purpose of the hearing is for the Council to review and act on the application.

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

Manager Mountain provided the following background information:

The intent of the hearing is to ensure the consideration of public health, safety, and general welfare of the public as well as to provide any recommendations noted by Planning and Zoning Department and on behalf of the township’s Planning Board and Board of Adjustment.
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
- Any such factors that may be relevant to the harmonious physical development of the land
He reviewed the conditions that are part of the application, and which are included in the resolution.

Mayor Loveys introduced the applicants. Attorney Buzak swore in Ursula Leo of Laddy, Clark and Ryan, Attorney for the Applicant and the Engineer Matthew Bersch with Dynamic Engineering Consultants, 1904 Main Street, Lake Cuomo, New Jersey 07719.

Attorney Leo noted that condition 2a states that the removal of soil on the property shall be limited to a three month time period. She was concerned about the three months since she had emails from Paul Ferriero dated August 27, 2019 that the full length of construction is ten months. That is their only concern; everything else is appropriate.

Mr. Bersch explained that Wawa does construction in phases. Randolph 10 Developers is the property owner; they are the developer. They initiate the construction process, they do the clearing, construct the walls, initiate construction of the utilities, and they construct the storm water management system. Those things will be done within a three month time period; most of the soil movement and removal will be completed in that timeframe. Once the developer is done with the initial construction, Wawa will occupy the site and will finish with the construction of the on-site utilities, install their underground fuel tanks, and build a foundation for the building and the canopy. There will be some additional soil removal during the Wawa-related construction; approximately 85-90% of the soil removal will be done upfront by the developer, and the remaining 10-15% will be done by Wawa.

Mayor Loveys asked Attorney Leo and Mr. Bersch to present their entire application prior to opening the meeting up to Council and public comments. They presented an overview of the project and application.

Councilman Forstenhausler asked if the applicant was requesting more than three months for the soil removal. Mr. Bersch replied that they were; they will need more than three months. The construction should take ten months, although the majority of the soil removal will take place within three months. Mayor Loveys explained that he did not think it was unreasonable for them to request ten months.

Deputy Mayor Carey asked where the soil was being taken and what route the trucks would use. Mr. Bersch explained that in the resolution it states that they will use Route 10 and the highways rather than the township roads; the construction entrance is on Route 10.

Councilwoman Veech asked when they planned to begin construction. Mr. Bersch replied that they would like to start as soon as possible, hopefully within a month.

Mayor Loveys asked what is considered the start of the time restriction of three or ten months. Manager Mountain stated that the wording indicates that it starts with the commencement of the work.

Mayor Loveys asked if the retaining walls were being constructed while the site was being excavated. Mr. Bersch confirmed that was correct; he explained that after the site is cleared, the contractor will rough-grade the site at which point they will start the construction of the wall. They spoke with the Board Engineer who agreed to have the Geotechnical Engineer on site to inspect and provide reports. If additional suring is needed, they have agreed to do it as necessary. There was a brief discussion on the retaining walls; all three walls will be the same modular block.

Mayor Loveys asked about erosion on the site. Mr. Bersch explained that the site will be inspected and if there are any issues with the soil leaving the site, the contractor will be notified to correct it immediately. Mr. Bersch also explained that at the pre-construction meeting, Paul Ferriero was adamant that soil not leave the site onto Route 10 and if a wash station was needed at the driveway, the contractor will provide it.

Councilwoman Veech asked if a person was walking along Quaker Church Road, would there be a wall that is alongside them. Mr. Bersch explained that the wall is not right along the sidewalk; it is approximately 25 feet back. The Councilwoman asked if there was anything to prevent kids from going over to the wall. Mr. Bersch explained that there is nothing stopping them from the bottom of the wall, but there is a fence on the top.

OPEN TO THE PUBLIC

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

2. R-243-19 Approving the Soil Movement Permit for Randolph 10 Developers, LLC (WAWA) Block 137, Lots 2 and 5, 127 Quaker Church Road and 358 Route 10 West

Councilwoman Veech made a motion to approve Resolution R-243-19 with the modification to paragraph 2a. to 10 months from start of work. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

R-243-19

WHEREAS, Randolph 10 Developers, LLC, the “Applicant,” has submitted to the Township of Randolph, the “Township,” an application for a soil movement permit involving the movement of soil on Lots 2 and 5, Block 137, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on the corner of 127 Quaker Church Road and 358 Route 10 West, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately four thousand, three hundred and sixty two (4,362) cubic yards of soil will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Board of Adjustment of the Township of Randolph for the “Granting of Variance Relief and Preliminary and Final Site Plan Approval” by the applicant, Randolph 10 Developers, LLC (Wawa); and

WHEREAS, by resolution adopted, the Randolph Township Board of Adjustment approved said application on December 13, 2018 for the Granting of Variance Relief and 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 Board of Adjustment 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 removal application, per Section 15-47.4 (C) of the Land Development 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 5, 2019, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on September 5, 2019, as provided in the notice to appropriate property owners; and

WHEREAS, the site plan application presented to the Board of Adjustment 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 uses 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 Land Development 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 the soil movement permit application of Randolph Developers, LLC (Wawa) subject to the following conditions:
1. The removal of soil on the Property shall be limited to a ten (10) month time period. The ten (10) month time period begins with first day of excavation.
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. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off site until 9:00 a.m.
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 vehicles transporting soil should utilize County and/or State roadways only. No other streets in Randolph 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 insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township. The location (s) for the disposal of the soil shall be provided to the Township Engineer in writing prior to the commencement of the soil movement.
7. 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 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.
8. A Safety and Stabilization Bond is required. If the bonded improvements do NOT exceed $100,000, the amount of the Safety and Stabilization Bond shall be $5,000. If the bonded improvements DO exceed $100,000 the amount of the Safety and Stabilization Bond shall be $5,000 for the first $100,000 of bonded improvements plus two and a half percent (2.5%) of bonded improvements cost in excess of $100,000 up to $1,000,000, plus one percent (1%) of bonded improvements costs in excess of $1,000,000.
9. The Applicant shall comply with all conditions imposed by the Board of Adjustment as stated in their Resolution of December 13, 2018, as well as all ordinances including, but not limited to, Section 15-47, et seq.
10. 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 Board of Adjustment on December 13, 2018.
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.

G. COMBINED ACTION RESOLUTIONS

1. Refund a Portion of $990.00 Registration for Summer Teen Camp Program due to a Concussion that Prevents Child from Participating in 3 out of the 4 Weeks to Lucy Glacken—$742.50

R-206-19

WHEREAS, Lucy Glacken registered her child for the Summer Teen Camp program and paid the fee of $ 990.00.00; and

WHEREAS, her child will not be attending due to a concussion that prevents her from participating for 3 out of the 4 weeks of the program.

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 $ 742.50 be refunded to Lucy Glacken, 9 Knollwood Terrace, Randolph, NJ 07869.

2. Refund Registration for Summer Theater Camp Program due to Child’s Medical Procedure to Lisa Knopka Ryan—$425.00

R-207-19

WHEREAS, Lisa Knopka Ryan registered her child for the Summer Theatre Camp program and paid the fee of $425.00; and

WHEREAS, her child will not be attending due to a medical procedure.

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 $425.00 be refunded to Lisa Knopka Ryan, 24 Stonehenge Rd., Morris Township, NJ 07960.

3. Release Road Opening Cash Bond Posted for the Purpose of Replacing the Driveway at 17 Mostyn Road, Block 53, Lot 111 to Hector Valle—$500.00

R-208-19

WHEREAS, the Engineering Department has received a request from Hector Valle, Jr. for the release of a $500.00 cash road opening bond posted for the purpose of replacing the driveway at 17 Mostyn Road, Randolph, NJ 07869 (BL 53/L 111); and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 25, 2019; and

WHEREAS, the applicant was required to post this cash bond to guarantee the replacing of the driveway at 17 Mostyn 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 Wayne A. Corsey, Engineering Administrator that the cash road opening bond in the amount of $500.00 be refunded to Hector Valle, Jr. at 17 Mostyn Road, Randolph, NJ 07869.

4. Release Road Opening Cash Bond Posted for the Purpose of Tying in to the Township Catch Basin at 7 Lookout Road, Block 155.01, Lot 4 to Christopher Sutton—$500.00

R-209-19

WHEREAS, the Engineering Department has received a request from Christopher Sutton for the release of a $500.00 cash road opening bond posted for the purpose of tying into the township catch basin at 7 Lookout Road, Randolph, NJ 07869 (BL 155.01/L 4); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 20, 2019; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the tying into the township catch basin at 7 Lookout 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Christopher Sutton at 7 Lookout Road, Randolph, NJ 07869.

5. Authorizing the Renewal of the North Jersey Municipal Employee Benefits Fund Indemnity and Trust Agreement

R-210-19

WHEREAS, a number of public entities in the State of New Jersey have joined together to form the North Jersey Municipal Employee Benefits Fund, hereafter referred to as “FUND,” as permitted by N.J.S.A. 11:15-3, 17:1-8.1, and 40A:10-36 et seq.; and

WHEREAS, the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been operational since that date; and

WHEREAS, the statutes and regulations governing the creation and operation of a joint insurance fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a FUND; and

WHEREAS, the governing body of Randolph Township, hereinafter referred to as “LOCAL UNIT” has determined that membership in the FUND is in the best interest of the LOCAL UNIT.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby agrees as follows:

Become a member of the FUND for the period outlined in the LOCAL UNIT’s Indemnity and Trust Agreements.
Will participate in the following type(s) of coverage(s):
1. Health Insurance and/or Dental and/or Prescription as defined pursuant to N.J.S.A. 17B:17-4, the FUND’s Bylaws, and Plan of Risk Management.
Adopts and approves the FUND’s Bylaws.
Execute an application for membership and any accompanying certifications.

BE IT FURTHER RESOLVED that the governing body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND’s Bylaws and to deliver these documents to the FUND’s Executive Director with the express reservation that these documents shall become effective only upon:

Approval of the LOCAL UNIT by the FUND
Receipt from the LOCAL UNIT of a Resolution accepting assessment.
Approval by the New Jersey Department of Insurance and Department of Community Affairs.

6. Refund Registration for Day Camp Trip Week Program due to Child’s Medical Issue to Melissa Jewell—$250.00

R-211-19

WHEREAS, Melissa Jewell registered her child for the Day Camp Trip Week program and paid the fee of $250.00; and

WHEREAS, her child will not be attending due to medical issue.

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 $250.00 be refunded to Melissa Jewell, 136 Mountainside Drive, Randolph, NJ 07869.

7. Awarding a Contract for Basic Life and Basic AD&D Insurance Benefits for Municipal Employees, Volunteer Fire Personnel, Volunteer Rescue Squad Members and Certain Retired Employees

R-212-19

WHEREAS, the Township of Randolph provides basic life insurance and basic AD&D insurance benefits for its municipal employees, volunteer fire personnel, volunteer rescue squad members and certain retired employees; and

WHEREAS, the law permits insurance to be considered an Extraordinary Unspecifiable Service (EUS); and

WHEREAS, insurance is a limited exception to the public advertising and bidding requirements per NJSA 40A: 11-5(1)(a)(ii) and NJSA 40A:11-5(1)(m); and

WHEREAS, Dearborn National Submitted the following two-year proposal.

Basic Life Insurance: $0.58 per $1,000 benefit (per year)
Basic AD&D $.037 per $1,000 benefit (per year)

WHEREAS, this proposal reflects no increase over the previous policy and the Chief Financial Officer recommends the award of a contract to Dearborn National; and

WHEREAS, the Township of Randolph desires to award a two-year contract for basic life and basic AD&D insurance benefits for municipal employees, volunteer fire personnel, volunteer rescue squad members and certain retired employees to Dearborn National.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a two-year contract be awarded to Dearborn National for the total not to exceed $66,000 (not to exceed $33,000 per year), effective November 1, 2019.

8. Release Cash Road Opening Bond Posted for the Purpose of Replacing the Driveway at 65 Meadowbrook Road, Block 154, Lot 37 to Magnolia Home Remodeling Group—$500.00

R-213-19

WHEREAS, the Engineering Department has received a request from Magnolia Home Remodeling for the release of a $500.00 cash road opening bond posted for the purpose of replacing the driveway at 65 Meadowbrook Road, Randolph, NJ 07869 (BL 154/L 37); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 29, 2019; and

WHEREAS, the applicant was required to post this cash bond to guarantee the replacing of the driveway at 65 Meadowbrook 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Magnolia Home Remodeling Group at 1640 Vauxhall Road, Union, NJ 07083.

9. Release Cash Road Opening Bond Posted for the Purpose of Replacing a Driveway at 30 David Drive, Block 119, Lot 14.06 to Paul Bates—$500.00

R-214-19

WHEREAS, the Engineering Department has received a request from Paul Bates for the release of a $500.00 cash road opening bond posted for the purpose of replacing the driveway at 30 David Drive, Randolph, NJ 07869 (BL 119/L 14.06); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 1, 2019; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacing of the driveway at 30 David Drive, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Paul Bates at 30 David Drive, Randolph, NJ 07869.

10. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Water Service and Sanitary Sewer Service at 169 W. Hanover Avenue to Lou Piermatteo—$500.00

R-215-19

WHEREAS, the Engineering Department has received a request from Lou Piermatteo for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township water service and sanitary sewer service at 169 W. Hanover Avenue, Randolph, NJ 07869 (BL 212/L 16.01); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 21, 2019; and

WHEREAS, the applicant was required to post this cash bond to guarantee connecting to the township water service and sanitary sewer service at 169 W. Hanover 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Lou Piermatteo at 169 W. Hanover Avenue, Randolph, NJ 07869.

11. Release Cash Road Opening Bond Posted for the Purpose of Tying into the Township Catch Basin at 12 Knights Bridge Drive, Block 227, Lot 7 to Chang Biao—$500.00

R-216-19

WHEREAS, the Engineering Department has received a request from Chang Biao Yeung for the release of a $500.00 cash road opening bond posted for the purpose of tying into the township catch basin at 12 Knights Bridge Drive, Randolph, NJ 07869 (BL 227/L 7); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 8, 2019; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the tying into the township catch basin at 12 Knights Bridge Drive, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Chang Biao Yeung at 12 Knights Bridge Drive, Randolph, NJ 07869.

12. Release Police Detail Escrow to Advanced Fiber Works, Inc.—$565.50

R-217-19

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

WHEREAS, the Detail work has been completed.

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

Advanced Fiber Works, Inc. $565.50

13. Release Police Detail Escrow to Phoenix Consulting LLC—$348.00

R-218-19

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

WHEREAS, the Detail work has been completed.

Phoenix Consulting, LLC $348.00

14. Release Police Detail Escrow to R&R Construction Company—$174.00

R-219-19

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

WHEREAS, the Detail work has been completed.

R & R Construction Co. $174.00

15. Refund Tree Bond Posted for 63 Combs Hollow Road, Block 49.01, Lot 3 to Jeffrey F. Mantell—$1,200.00

R-220-19

WHEREAS, the Planning and Zoning Department received a tree bond posted by Jeffrey F. Mantell, 63 Combs Hollow Road for Block 49.01, Lot 3 in the amount of $1,200.00; and

WHEREAS, the requirements have been met and completed.

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 that the tree bond in the amount of $1,200.00 be refunded to Jeffrey F. Mantell, 63 Combs Hollow Road, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

16. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Water Service and Sanitary Sewer Service at 5 Harvey Terrace, Block 102, lot 8—Oleg Alexandrov—$500.00

R-221-19

WHEREAS, the Engineering Department has received a request from Oleg Alexandrov for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township water service and sanitary sewer service at 5 Harvey Terrace, Randolph, NJ 07869 (BL 102/L 8); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on December 12, 1016; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connecting to the township water service and sanitary sewer service at 5 Harvey Terrace, Randolph, NJ, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Oleg Alexandrov at 5 Harvey Terrace, Randolph, NJ 07869.

17. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Water Service at 6 Carrell Road, Block 86, Lot 3 to Sylvia McCarthy—$500.00

R-222-19

WHEREAS, the Engineering Department has received a request from Sylvia McCarthy for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township water service at 6 Carrell Road, Randolph, NJ 07869 (BL 86/L 3); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on February 12, 2018; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connecting to the township water service at 6 Carrell Road, Randolph, NJ, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Sylvia McCarthy at 6 Carrell Road, Randolph, NJ 07869.

18. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Sanitary Sewer Service at 308 Route 10 West, Randolph, Block 137, Lot 18 to Paula Ortiz—$500.00

R-223-19

WHEREAS, the Engineering Department has received a request from Paula Ortiz for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township sanitary sewer service at 308 Route 10W, Randolph, NJ 07869 (BL 137/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 May 23, 2018; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connecting to the township sanitary sewer service at 308 Route 10W, Randolph, NJ, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Paula Ortiz at 308 Route 10W, Randolph, NJ 07869.

19. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Storm Drain at 7 Ashwood Avenue, Block 77, Lot 13 to Ray Valle—$500.00

R-224-19

WHEREAS, the Engineering Department has received a request from Ray Valle for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township storm drain at 7 Ashwood Avenue, Randolph, NJ 07869 (BL 77/L 13); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 12 2018; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connecting to the township storm drain at 7 Ashwood Avenue, Randolph, NJ, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Ray Valle at 7 Ashwood Avenue, Randolph, NJ 07869.

20. Release Cash Road Opening Bond Posted for the Purpose of Paving the Driveway at 68 Doby Road, Block 51.02, Lot 3 to Sonny Stevens—$500.00

R-225-19

WHEREAS, the Engineering Department has received a request from Sonny Stevens for the release of a $500.00 cash road opening bond posted for the purpose of paving the driveway at 68 Doby Road, Randolph, NJ 07869 (BL 51.02/L 3); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on December 3, 2018; and

WHEREAS, the applicant was required to post this cash bond to guarantee paving the driveway at 68 Doby 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Sonny Stevens at 68 Doby Road, Randolph, NJ 07869.

21. Release Cash Road Opening Bond Posted for the Purpose of Paving the Driveway at 50 Mac Spar Drive, Block 55, Lot 7.02 to Arthur Tshanakas—$500.00

R-226-19

WHEREAS, the Engineering Department has received a request from Arthur Tshanakas for the release of a $500.00 cash road opening bond posted for the purpose of paving the driveway at 50 Mac Spar Drive, Randolph, NJ 07869 (BL 55/L 7.02); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 19, 2019; and

WHEREAS, the applicant was required to post this cash bond to guarantee paving the driveway at 50 Mac Spar Drive, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Arthur Tshanakas at 50 Mac Spar Drive, Randolph, NJ 07869.

22. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Storm Drain at 11 Georgian Road, Block 42, Lot 84.04 to Deeptesh Patel—$500.00

R-227-19

WHEREAS, the Engineering Department has received a request from Deeptesh Patel for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township storm drain at 11 Georgian Road, Randolph, NJ 07869 (BL 42/L 84.04); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 14, 2019; and

WHEREAS, the applicant was required to post this cash bond to guarantee connection to the township storm drain at 11 Georgian 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Deeptesh Patel at 11 Georgian Road, Randolph, NJ 07869.

23. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Storm Drain at 96 Meadowbrook Rd., Block 155.01, Lot 14 to Janet and Rodney Nunemaker—$500.00

R-228-19

WHEREAS, the Engineering Department has received a request from Janet & Rodney Nunemaker for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township storm drain at 96 Meadowbrook Road, Randolph, NJ 07869 (BL 155.01/L 14); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 21, 2019; and

WHEREAS, the applicant was required to post this cash bond to guarantee connection to the township storm drain at 96 Meadowbrook 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Janet & Rodney Nunemaker at 96 Meadowbrook Road, Randolph, Randolph, NJ 07869.

24. Release Cash Road Opening Bond Posted for the Purpose of Connecting to the Township Storm Drain at 63 Beech Road, Block 212, Lot 25 to Abigail and Adam Alexander—$500.00

R-229-19

WHEREAS, the Engineering Department has received a request from Abigail & Adam Alexander for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township storm drain at 63 Beech Road, Randolph, NJ 07869 (BL 212/L 25); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 31, 2019; and

WHEREAS, the applicant was required to post this cash bond to guarantee connection to the township storm drain at 63 Beech 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Abigail & Adam Alexander at 63 Beech Road, Randolph, NJ 07869.

25. Authorizing Change Order #1 for $5,071.60 to Picerno-Giordano Construction, LLC for the Freedom Park Basketball Courts/Access Improvement Project Bringing the Project Total from $172,415.00 to $177,486.60

R-230-19

WHEREAS, the Township of Randolph Council awarded a contract for the Freedom Park Basketball Courts/Access Improvement Project to Picerno-Giordano Construction, LLC (“Picerno”) on September 6, 2018 via R-245-18 for $172,415; and

WHEREAS, in a site visit to the property during the construction after the old basketball courts were removed, it was determined that additional subbase material and surface paving material were required to create a square and level playing surface; and

WHEREAS, in accordance with that site visit, Picerno has submitted the attached request of August 13, 2019; and

WHEREAS, the initial quantity anticipated for Contract Line Item #2—Dense Graded Aggregate (“DGA”) was 50 cubic yards; and

WHEREAS, Picerno bid $75.00 per cubic yard for Contract Line Item #2 for an initial amount of $3,750.00; and

WHEREAS, the additional amount of DGA required is 50 cubic yards, totaling an additional $3,750.00; and

WHEREAS, the additional DGA will increase the line item amount to $7,500; and

WHEREAS, the initial quantity anticipated for Contract Line Item #3—Hot Mix Asphalt Surface Course, 9.5M64 (“HMA”) was 150 tons; and

WHEREAS, Picerno bid $140.00 per ton for Contract Line Item #3 for an initial amount of $21,000.00; and

WHEREAS, the additional amount of HMA required is 9.44 tons, totaling an additional $1,321.60; and

WHEREAS, the additional HMA will increase the line item amount to $22,321.60; and

WHEREAS, this change order will increase the contract amount by $5,071.60 from $172,415 to $177,486.60 (an approximate 2.94% increase); and

WHEREAS, the Engineer has verified this information; and

WHEREAS, the Finance Officer has certified to the availability of funds for this change order increase from account #04-215-55-994-302.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that Change Order #1 to Picerno be approved and the contract amount amended per the above.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: September 5, 2019

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance #11-18, Freedom Park Improvements, to award a change order contract to Picerno-Giordano Construction, Inc. for improvements to the Freedom Park Basketball Court/Driveway Access project, per its documentation submitted to the Township.

Darren Maloney
Chief Financial Officer
Budget Account: 04-215-55-994-302 (not to exceed $5,071.60)

26. Authorizing the Settlement of Certain Residential and Commercial Tax Appeals with Dover-Chester Associates over Various Years for 239 Dover Chester Road, Block 47, Lot 51 and 233 Dover Chester Road, Block 47, Lot 53

R-231-19

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

PROPERTY OWNER	BLOCK	LOT	ADDRESS
Dover-Chester Associates	47	51	239 Dover Chester Rd
Dover-Chester Associates	47	53	233 Dover Chester Rd

; and

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

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

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

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

1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:

PROPERTY OWNER Block 47 Lot 51	YEAR	ORIGINAL ASSESSMENT	PROPOSED SETTLEMENT
Dover-Chester Assoc	2010	$79,600	$37,900
Dover-Chester Assoc	2011	$79,600	$37,900-Freeze
Dover-Chester Assoc	2012	$79,600	$37,900-Freeze
Dover-Chester Assoc	2013	$79,600	$37,900
Dover-Chester Assoc	2014	$79,600	$37,900
Dover-Chester Assoc	2015	$79,600	$37,900-Freeze
Dover-Chester Assoc	2016	$79,600	$37,900-Freeze

PROPERTY OWNER Block 47 Lot 53	YEAR	ORIGINAL ASSESSMENT	PROPOSED SETTLEMENT
Dover-Chester Assoc	2008	$67,700	$35,300
Dover-Chester Assoc	2009	$67,700	$35,300-Freeze
Dover-Chester Assoc	2010	$67,700	$35,300
Dover-Chester Assoc	2011	$67,700	$35,300-Freeze
Dover-Chester Assoc	2012	$67,700	$35,300-Freeze
Dover-Chester Assoc	2013	$67,700	$35,300
Dover-Chester Assoc	2014	$67,700	$35,300
Dover-Chester Assoc	2015	$67,700	$35,300-Freeze
Dover-Chester Assoc	2016	$67,700	$35,300-Freeze
Carl Weber Green Prop.	2019	$52,100	$52,100

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

This resolution shall take effect immediately or as otherwise provided by law.

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

R-232-19

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

WHEREAS, the Township on January 17, 2019 via R 29-19, on May 2, 2019 via R-117-19, on May 16, 2019 via R 136-19, and on June 13, 2019 via R 148-19 authorized contracts with certain approved State Contract Vendors; and

WHEREAS, State Contract T0790—Firefighter Protective Clothing and Equipment has expired and a new solicitation was issued and awarded; and

WHEREAS, it’s been determined that contracts in excess of $17,500 may be entered into with State Contract Vendors under the new T0790 solicitation; and

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

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

WHEREAS, some State Contract Vendors have had their State Contract numbers changed and those changes are reflected on the attached; and

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

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Randolph authorizes the Qualified Purchasing Agent to purchase certain goods and services, the cost of which either individually or in the aggregate may exceed the prevailing bid threshold, from those approved New Jersey State Contract Vendors on the attached list, pursuant to all conditions of the individual State Contracts; and

BE IT FURTHER RESOLVED that the Township Council 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, 2019 or upon expiration of the vendor’s contract whichever is first.

28. Authorizing Contracts with Additional Approved Vendors under the Educational Services Commission of NJ Cooperative Pricing Council Pursuant to N.J.S.A. 40A:11-11 (5)

R-233-19

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

WHEREAS, the Township Council on January 17, 2019 via R 31-19, on May 2, 2019 via R-116-19 and on May 16, 2019 via R-138-19 authorized contracts with certain approved ESCNJ Contract Vendors; and

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

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

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

NOW, THEREFORE, BE IT RESOLVED that the Township Council, Township of Randolph, County of Morris, State of New Jersey authorizes the Qualified Purchasing Agent to purchase certain goods and services, the cost of which either individually or in the aggregate may exceed the prevailing bid threshold, from those approved ESCNJ Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township 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 Contract Vendors shall be until December 31, 2019 or upon expiration of the vendor’s contract whichever is first.

29. Authorizing Contracts with an Additional Approved Vendor under the Morris County Cooperative Pricing Council Pursuant to N.J.S.A. 40A:11-11(5)

R-234-19

WHEREAS, the Township Council on January 17, 2019 via R 30-19, on March 21, 2019 via R 73-19, and on May 16, 2019 via R 135-19 authorized contracts with certain approved MCCPC Contract Vendors; and

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

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

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

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

30. Authorizing Contracts with an Additional Approved Vendor under the NJ Cooperative Purchasing Alliance (Formerly Bergen County Cooperative Purchasing System) Pursuant to N.J.S.A. 40A:11-11 (5)

R-235-19

WHEREAS, the Township Council on March 21, 2019 via R 75-19 authorized contracts with certain approved NJCPA Contract Vendors; and

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

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

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

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

31. Authorizing the Sale of Surplus Personal Property No Longer Needed for Public Use on an Online Auction Website

R-236-19

WHEREAS, the Township of Randolph (“Township”) has determined that the property described on Schedules A, B, C, and D attached hereto and incorporated herein is no longer needed for public use; and

WHEREAS, the Township desires to sell such surplus property in “as is” condition without express or implied warranties; and

WHEREAS, N.J.S.A. 40A:11-36 authorizes municipalities to sell its personal property that is no longer needed for public use at a public sale to the highest bidder; and

WHEREAS, the Township intends to utilize the online auction services of USGovBid located at usgovbid.com.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in the County of Morris, State of New Jersey, that the Township is hereby authorized to sell the surplus personal property as indicated on the attached Schedules A, B, C, and D on an online auction website entitled usgovbid.com; and

BE IT FURTHER RESOLVED that the terms and conditions of the agreement entered into between USGovBid and the Township are available at usgovbid.com and in the Township Clerk’s office; and

BE IT FURTHER RESOLVED that the Township reserves the right to accept or reject any bid submitted; and

BE IT FURTHER RESOLVED that if no bids are received for specific items, those items may then be sold at private sale without further publication or notice thereof, but in no event at less than the estimated fair value (the market value of the property between a willing seller and a willing buyer less the cost to the contracting unit to continue storage or maintenance of any personal property not needed for public use). In addition, if no bids are received and the item has no value, then the item may be destroyed/disposed of in accordance with State regulations.

32. Refund Tax Payment Made in Error for Block 42, Lot 87 for the 3rd Quarter of 2019 to Lereta, LLC—$2,235.77

R-237-19

WHEREAS, Lereta LLC made a payment in error on August 19, 2019 to block 42 lot 87 for the 3rd quarter of 2019 in the total amount of $2,235.77; and

WHEREAS, I have received documentation stating that effective September 24, 2018 said property was foreclosed by BV001 REO Blocker, LLC. This foreclosure now makes them the legal owner the property, therefore, Lereta LLC is entitled to a full refund.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to refund the full payment of $2,235.77 to Lereta LLC, 1123 Park View Dr, Covina, CA 91724 which represents a refund of the 3rd quarter of 2019.

33. Refund Tax Payment Made in Error for Block 44.01, Lot 6 for the 3rd Quarter of 2019 to Wells Fargo Home Mortgage—$4,561.55

R-238-19

WHEREAS, Wells Fargo Home Mortgage made payment in error on August 12, 2019 block 44.01 lot 6 for the 3rd quarter of 2019 in the total amount of $4,561.55; and

WHEREAS, I have received a letter from Wells Fargo Home Mortgage requesting a refund for this payment made in error.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be authorized to refund the full payment of $4,561.55 to Wells Fargo Home Mortgage, PO Box 14506, Des Moines, IA 50306 which represents a refund of the 3rd quarter 2019.

34. Refund Tax Sale Certificate for 67 Quaker Church Rd., Block 137, Lot 17.01 to Cazenovia Creed Funding II, LLC—$4,534.57

R-239-19

WHEREAS, Tax Sale Certificate #18-29 held by Cazenovia Creek Funding II, LLC, and currently assessed to MTGLQ Investors LP and known as, Block 137 Lot 17.01, also known as 67 Quaker Church Rd.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Liberty Bell Agency representing the sale of the property. The redemption includes principal and interest in the amount of $1,724.57. There is also a premium due in the amount of $2,800.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $4,524.57 to Cazenovia Creed Funding II, LLC holder of Tax Sale Certificate #18-29.

35. Refund Tax Sale Certificate for 13 Rolling Ridge Road, Block 208, Lot 95 to Madison Trust as Collateral Assignee of Stonefield Investment Fund IV, LLC—$13,520.79

R-240-19

WHEREAS, Tax Sale Certificate #2025 currently held by Madison Trust as Collateral Assignee of Stonefield Investment Fund IV, LLC, and currently assessed to Federal Home Loan Mortgage and known as, Block 208 Lot 95, also known as 13 Rolling Ridge Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Easy Closing, LLC representing the sale of the property. The redemption includes principal and interest in the amount of $9,330.79, legal foreclosure fees $1,190.00. There is also a premium due in the amount of $3,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $13,520.79 to Madison Trust as Collateral Assignee of Stonefield Investment Fund IV, LLC holder of Tax Sale Certificate #2025.

36. Refund Road Opening Cash Bond Posted for the Purpose of Widening the Driveway at 127 High Street, Block 142, Lot 2 to Jose Vargas—$500.00

R-241-19

WHEREAS, the Engineering Department has received a request from Jose Vargas for the release of a $500.00 cash road opening bond posted for the purpose of widening the driveway at 127 High Street, Randolph, NJ 07869 (BL 142/L 2); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 6, 2018; and

WHEREAS, the applicant was required to post this cash bond to guarantee widening the driveway at 127 High Street, 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 Wayne A. Corsey, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to Jose Vargas at 127 High Street, Randolph, NJ 07869.

37. Authorizing the Award to Atlantic Salt, Inc., Peckham Materials Corp, and Reed Systems and Rejection to Morton Salt, Inc. of MCCPC Contract #3 (Rock Salt and Liquid Calcium Chloride)

R-242-19

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #3 (Rock Salt & Liquid Calcium Chloride); and

WHEREAS, bids had been advertised and received on August 16, 2019, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received for Contract #3; and

WHEREAS, Contract #3 is awarded by district (Essex, Hunterdon, Morris, Passaic, Somerset, Sussex, Union and Warren); and

WHEREAS, Morton Salt, Inc. in Chicago, Illinois, was the sole bidder and the apparent low bidder for Essex, Hunterdon, Passaic, Somerset, Sussex, Union and Warren Counties for Categories I, II, VI and VII, however the Consent of Surety, a mandatory element under N.J.S.A. 40A:11-23.2, was defective in multiple ways which are non-curable and non-waivable and therefore the bid must be rejected; and

WHEREAS, Atlantic Salt, Inc. in Lowell, Massachusetts, is the lowest responsive and responsible bidder for Morris County for Categories I, II, VI and VII for the prices shown on the attached Notification of Award for a one-year term; and

WHEREAS, Peckham Materials Corporation in Athens, New York, is the lowest responsive and responsible bidder for Category III for all counties for the prices shown on the attached Notification of Award for a one-year term; and

WHEREAS, Reed Systems in Ellenville, New York, is the lowest responsive and responsible bidder for Category IV for all counties for the prices shown on the attached Notification of Award for a one-year term.

WHEREAS, there were no bidders for Category V (Natural Agriculturally Based Enhancer (ABE)—Natural Deicing Liquid—Delivered) and consequently there will be no award for Category V; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the rejection of, and hereby rejects, the bid submitted by Morton Salt, Inc. for the reason stated above.

BE IT FURTHER RESOLVED that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #3 (Rock Salt & Liquid Calcium Chloride) to Atlantic Salt, Inc., Peckham Materials Corporation, and Reed Systems as noted above and on the Notification of Award for the term October 15, 2019 - October 14, 2020.

38. Raffle License, On-Premise 50/50, Randolph High School Band Parents Association, on October 5, 2019, at the Randolph High School, 511 Millbrook Ave., Randolph from 5:00 p.m. to 10:00 p.m.

39. Raffle License, On-Premise 50/50, Rockaway Township Pre-K through 8 Education Foundation, on October 20, 2019, at the County College of Morris, 214 Center Grove Rd., Randolph from 3:00 p.m. to 5:00 p.m.

40. Raffle License, On-Premise 50/50, West Morris Area YMCA on October 5, 2019, 14 Dover Chester Road, from 9:00 a.m. to 9:00 p.m.

41. Raffle License, 50/50, Spectrum for Living Development, Inc., on October 19, 2019, at The Meadow Wood, 461 Route 10, Randolph, from 6:00 p.m. to 12:00 a.m.

42. Raffle License, Casino Night, Spectrum for Living Development, Inc., on October 19, 2019, at The Meadow Wood, 461 Route 10, Randolph, from 6:00 p.m. to 11:30 p.m.

43. Raffle License, 50/50, Randolph High School Cheerleading Booster Club, on Sunday, November 17, 2019, 511 Millbrook Avenue, Randolph, from 8:00 a.m. to 4:00 p.m.

44. Raffle License, Off-Premise Merchandise, Randolph High School Cheerleading Booster Club, on Sunday, November 17, 2019, 511 Millbrook Avenue, Randolph, from 8:00 a.m. to 4:00 p.m.

Councilman Tkacs made a motion to approve the Combined Action Resolutions. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (ABSTAIN for #7, R-212-19)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

H. UPCOMING EVENTS

Senior Picnic, Tuesday, September 10 from 11:30 a.m. - 2:30 p.m. at Brundage Park; RSVP to .(JavaScript must be enabled to view this e-mail address)
9/11 Memorial Service, Wednesday, September 11 at 11:00 a.m. at the VFW on Carrell Road
Morris County Chamber of Commerce Event; More than Lunch Networking Event, Wednesday, September 11 from 11:45 a.m. to 1:30 p.m. at the Mansion at Mountain Lakes, 90 Route 46, Mountain Lakes
Morris County 9/11 Remembrance Service, Sunday, September 8 at 6:00 p.m. at the Morris County September 11th Memorial on West Hanover Avenue. Rain or shine.
Randolph Library Book Sale, Friday, September 13 (only Friends of the Randolph Library or residents joining the Friends) and to the public on Saturday, September 14 and Sunday, September 15 (bag sale). Donations accepted through September 9; check with library for types of donations accepted.
Morris County League of Municipalities Program: Tom Bergeron, Editor and Chief Content Officer at ROI-NJ, “The Business Climate in NJ,” Wednesday, September 18 at 5:15 p.m. at the Lake Hopatcong Yacht Club
Randolph Area Chamber of Commerce Monthly Networking Luncheon, Speaker Dr. Jisun Sunny Fischer, Ph.D, “Bounce Back Better: A Resilient Approach to Life,” Thursday, September 19 from 11:40 a.m. - 1:15 p.m. at LaStrada Restaurant.
Country Fair, Saturday, September 21 from 10:00 a.m. - 5:00 p.m. at the Municipal Building, 502 Millbrook Avenue (rain date Sunday, September 22)
Randolph Museum - Pathways of History Weekend, Saturday, September 21 from 10:00 a.m. - 4:00 p.m. and Sunday, September 22 from 12:00 p.m. - 4:00 p.m. at the museum, 630 Millbrook Avenue
Clean Communities Day, Saturday, September 28 from 8:30 a.m. to 12:00 p.m. at the Municipal Building, 502 Millbrook Avenue
Paper Shredding Service, Saturday, September 28 from 9:00 a.m. to 12:00 p.m. at the Municipal Building, 502 Millbrook Avenue
Randolph Reminisces Program, Monday, October 21 at 7:00 p.m. at the Randolph Museum on Millbrook Avenue
Added—Randolph Good Scout Awards Dinner, Tuesday, September 24 at Rosie’s Trattoria. Five honorees from Randolph.

Councilwoman Veech added that resident Scott Campbell invited the Council to attend his haunted house on October 18, 19, 25 or 26.

I. ORDINANCES: INTRODUCTION

1. Ordinance No. 18-19 Amending Sections 15-35.3, 15-43.22, 15-2.2, 15-11.13 and 15-41 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

Manager Mountain explained that a couple of months ago Darren Carney presented recommendations from the Board of Adjustment through their annual report. Based upon those recommendations, this ordinance contains revisions for the appeal on service station requirements, porches and porticos, and swimming pools requirements. He stated that Darren Carney was present if anyone had questions.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-35.3, 15-43.22, 15-2.2, 15-11.13 and 15-41 OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” 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 19th of September 2019 at 7:00 p.m. in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Mayor Loveys asked for clarification on Section 15-35.3, automobile service; the only change was to the language in C.2. Darren Carney confirmed that was changed to allow for convenience stores. The other change was that the signage requirement was removed from that and put into another section; the rest of the ordinance was unchanged.

Mayor Loveys questioned the wording in Section Three about porches. There was a brief discussion; the Council felt that adding wording about an open porch having a roof structure would be beneficial.

Mayor Loveys asked if pools were now being allowed in a side yard, since they were not in the past. Darren confirmed that was correct, as long as they are behind the face of the house and meet the front yard setback requirements.

Attorney Buzak asked if the adoption of this ordinance would have eliminated the need for Wawa to get a use variance; Darren confirmed that was correct.

Councilman Forstenhausler made a motion to introduce the ordinance, with the correction to the definition of “porch” to include roof structure. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

J. DISCUSSION ITEMS

1. Review of Current Political Sign Regulations—Darren Carney

Manager Mountain explained that last year a member of the Township Council who is no longer a Council member asked about the regulations for political signs. The Manager did not want to assume that the rest of the Council members were not interested in the review, so he asked Darren Carney to attend and review the regulations. There is no recommendation for any changes, but if there was a desire to make changes, this would be a good time to do so.

Darren Carney passed out a document with information on political sign regulations. He summarized that they:

Can be erected for a sixty day period
Must be removed within fifteen days after the election
In residential zones, signs cannot exceed sixteen square feet or four feet in length on any side
In non-residential properties, they have to follow the height and size limitations for the zone district in which they are located

Councilwoman Veech noted that the signs should be removed within fifteen days, yet there are still some signs up in the township. She asked if this regulation has been, or could be, enforced by the Zoning Officer. Darren replied that generally if there are a lot of signs left after that period, he would ask either the Zoning Officer or the Department of Public Works to remove them. He explained that often times they come down and then someone puts them back up again. Councilwoman Veech asked if there were ever penalties to people whose names were on the sign or if they just take them down. Darren replied that township staff takes them down and they do not know who puts them back up. He explained that an ordinance was put into effect years ago to require them to list whose signs they were so the township had a contact person, but it’s difficult to enforce and to prove that they are the one in violation since it’s sometimes a game that is played by the people putting them back up.

Councilman Forstenhausler explained that one of the issues that came up last year was that the way the ordinance is written, a sign can be up for a period of sixty days, but it doesn’t say sixty days before the election. He recalled the discussion being a question of whether they can say sixty days before the election; he believed it was the intent, but it is not what the ordinance states. Mayor Loveys asked if Councilman Forstenhausler was talking about political signs in general or campaign signs. The Mayor felt using that wording for campaign signs would make sense, but he did not feel there was a way to enforce it if it was a political sign. Attorney Buzak will check it out further to be sure; he thought the campaign signs could be limited to sixty days prior to the election, but it would be hard to enforce the sixty days for political signs since it would be difficult to determine when the sign was first erected. Attorney Buzak noted that if you required people to register political signs it would be a violation of freedom of speech. Councilman Forstenhausler felt that it might be worth revising the wording as related to campaign signs. Attorney Buzak would research it and report back.

Councilman Forstenhausler asked if there was any way to regulate the number of political signs; he commented that he has seen elections in which there were many of the same sign at one intersection and it looks horrendous. Attorney Buzak replied that he did not think that was possible, but he would research that also.

Councilman Tkacs stated that he was told that a sign could be erected on private property at any time, but it was just on township property that these laws were in effect. Deputy Mayor Carey stated that she was told the same. Manager Mountain stated that he was told if it was private property you had to have the homeowner’s consent. There was a brief discussion. Darren Carney explained that the ordinance is for all properties. There was a discussion as to whether the fifteen days after the election were included in the sixty day period. It was decided that Attorney Buzak would research the timing of the signs as well as the number of signs, and Darren Carney would determine what the neighboring towns had in their ordinances.

Councilman Nisivoccia asked Darren Carney to explain right-of-way; he had a complaint from a resident who lives on a busy street that his lawn gets littered with lawn signs. Darren explained that right-of-way is property that has been designated for public use, be it roads, utilities, etc. Private property is where you have fee simple ownership outside of that public property. Generally, the township ordinance says that the adjacent private property owner maintains that portion of the right-of-way to the edge of the road. The amount of right-of-way is different in different areas; the distance is measured from the center of the road. The only way to determine the right-of-way is to have the property surveyed. Manager Mountain’s understanding for campaign signs has been that if the property owner did not give consent, they can take it down. Attorney Buzak stated that his understanding was the same as the Manager’s, even if the sign is in the right-of-way.

Councilman Forstenhausler asked if it was safe to say that there is a right-of-way at the front of everyone’s property. Darren replied that it was not; he has seen where public roads were installed on private property.

They will discuss this more at a future meeting after Attorney Buzak and Darren Carney complete their research.

K. OPEN TO THE PUBLIC

Ted L’Estrange of 43 Prospect Hill Road in Cuddebackville, New York explained that he was there to raise awareness of the forced harvesting of organs from Falun Gong Practitioners and request a resolution from the Council. He distributed background information and provided a brief summary.

Barbara Anderson of 12 Davis Avenue felt that the local political candidates are good at taking down the signs. She felt that the County representatives should be made aware of the signs being left longer than permitted.

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

L. COUNCIL COMMENTS

Councilwoman Potter reported that there were two Traffic Advisory Committee (TAC) meetings since the last Council meeting. Councilman Nisivoccia attended the meeting on August 6th in her place due to a family emergency. She attended the meeting on September 3rd. With school starting, they approved an awareness campaign for the bus and traffic safety, “If the Lights are Flashing, Don’t Try Passing.” It will be posted on the township’s social media shortly. They discussed speeding in the township; she shared some of the statistics the police department shared at the meeting.

Councilman Nisivoccia attended the VFW picnic, attended the Community Garden committee meeting, and the TAC meeting.

Councilman Nisivoccia attended the Library Board of Trustees meeting; the lighting in the vestibules has been installed. The Friends of Randolph Library are collecting items for their upcoming book sale through Sept. 9th.

Councilman Nisivoccia attended the Peach Festival at the Randolph Museum, participated in the Communications Workgroup meeting, attended the Randolph Senior Softball barbeque, and the Brightview Senior Living happy hour.

Councilman Nisivoccia reported that the widow of former Randolph Football Coach John Bauer passed away at age 92; thousands of former football players attended the service.

Councilman Forstenhausler attended the VFW picnic. He also represented the Council at a picnic for Fire Company #4 where they recognized John McAndrew Jr. who has served for 60 years as a volunteer firefighter.

Councilman Forstenhausler attended the Morris Sussex Senior Softball League luncheon with several other Council members. He, Deputy Mayor Carey, and Councilman Nisivoccia attended the happy hour at Brightview Senior Living; there were many Randolph residents there.

Councilman Tkacs reported that there have not been any Planning Board meetings since the last Council meeting.

Councilwoman Veech reported that neither the Parks Committee nor the Trails Committee met in August. She spent a couple hours with Russ Newman in the golf cart going through the trails; she commented that the trails are very clean. Councilwoman Veech noted that there were some signs missing at some of the intersections. They met with Phil Sheehy, Chairperson for the Trails Committee, and discussed including information on the trail maps to indicate which were paved versus wood chips. She asked if trails with steep slopes could also be noted. She reviewed the other updates to the trail maps; they will have the maps available at the Country Fair. They are also working on having an app for the trails. Councilwoman Veech was very pleased with the progress. There will also be a community garden information table at the Country Fair.

Councilwoman Veech reported on the status of Box Car. She reminded the Council of previous discussions on delays and reduced service on NJ Transit trains. There was research into the possibility of having Randolph residents picked up via van or small bus in town and taken to New York City and back at the end of the work day. She, Manager Mountain, and some residents have been meeting with TransOptions, a 501c3 group, over the past year. TransOptions connected them with Box Car, a company who would be are able to provide transportation into the city, but cannot provide transportation back to Randolph since they don’t have a place to station their vehicle during the day in NYC. They are still working on trying to get transportation for NYC commuters.

Deputy Mayor Carey reported that there was no Recreation Committee meeting in August; all other events and meetings she attended were covered in previous reports by Council members.

Mayor Loveys and Manager Mountain attended Randolph High School for the orientation of new district staff members. It’s a meet and greet as well as a team building session. The following day they and Deputy Mayor Carey attended the Board of Education meeting; the schools outlined their excitement about the start of the new school year and reviewed the improvements as a result of last year’s referendum. They reported that around 18 of the buses were outfitted with cameras; it is expected that by the middle of October all buses will be equipped with cameras. Manager Mountain reviewed the road overlay program with the schools, and provided a status on the Veterans Community Park. The Manager also noted the police personnel changes due to retirement and promotions, as well as the Chief’s plan for security for the first few days of the school year.

Mayor Loveys reported on a meeting that he and Manager Mountain had with Harry Ruiz, the head of safety in the school district, and Jack Sassaman from the VFW. Harry and Jack asked for direction from the Council. Harry learned of a Vietnam Traveling Memorial Wall, a group of veterans in Washington D.C. have a replica of the wall that is in D.C. People apply to have it brought into their community. Harry gathered a lot of information and got interest from Jack; they approached the Mayor and Manager. They are looking to do something in May 2021, hopefully at Veterans Community Park; there is a lot to do to get it and there is a cost to getting it. Harry and Jack would fundraise to get approximately $10,000; there would be no cost to the township other than in-kind. They need an area of approximately 300 feet by 60 feet. It’s a four day operation; set up one day, view for two days, and take down on the fourth day. It requires a lot of volunteers from the local veterans’ posts, as well as a police presence for security. A little bit of temporary landscaping would be required as well as some plywood. Prior to doing any more work on this possibility, Harry and Jack would like to know if the Council would be in favor. Councilman Forstenhausler thought it would be a great thing for the community.

Deputy Mayor Carey was also in favor, but stated that when she heard about this from Harry, she had the impression it was longer than a two-day period. The Mayor and Manager confirmed that it would be erected for two days worth of viewing.

Councilwoman Veech asked if there was a way to get Morris County involved as far as backing it and placing it within Morris County. She liked the idea, but was concerned with having so many people at the Veterans Community Park and how the area would be left. She asked how it would be coordinated through the county; it would benefit more than Randolph. The Councilwoman thought it might be better through the County since they have bigger parks and more maintenance workers and money. Mayor Loveys couldn’t answer her question; Harry learned of it and was interested in bringing it to Randolph. The Mayor did not think Harry was interested in bringing in bus loads of students; he thought that Harry was interested in bringing Randolph students to the park to view it.

Councilwoman Potter asked if this was something the newly hired events coordinator could work on. Manager Mountain replied it would be part of her responsibility. More of the logistical coordination would be handled by the VFW and the volunteers they have. The township would be more involved in the preparation of the area and security for the two days of the display. The set up and break down is handled by the people that provide the traveling wall.

Councilwoman Veech asked if the wall had to be on grass or if it could go in a parking lot or at a different park. Manager Mountain replied that he did not think it had to be on grass, but if it was placed in a parking lot, quite a few parking spaces would be lost. Councilman Forstenhausler thought Veterans Community Park would be large enough to host the wall. Councilwoman Veech reiterated her concern for the maintenance and clean up of the park. The Council members supported the proposal; Mayor Loveys will inform Harry and Jack.

Mayor Loveys attended the Peach Festival at the Randolph Museum and the last Randolph Reminisces program.

Mayor Loveys attended a meeting with the Economic Development Committee; they are prepared to present the Business Achievement Awards around 1:00 p.m. at the Country Fair. He explained that there is a new business in the township whose owner reached out to him; Nutrition for Longevity on Middlebury Boulevard. He explained a little about the business; they plan to add more locations throughout the U.S. but will maintain Randolph as their headquarters.

M. EXECUTIVE SESSION

Executive Session was at the beginning of the meeting.

N. ADJOURNMENT

Deputy Mayor Carey made a motion to adjourn the meeting at 8:50 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None