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

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

Minutes: April 3, 2012

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Guadagno. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011.

PRESENT:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

ABSENT: Councilman Obremski

Also Present: Township Manager John Lovell and Township Attorney Edward Buzak

Mayor Guadagno led the Pledge of Allegiance.

RANDOLPH FLAG PRESENTATION HONORING VETERAN—Police Officer Brian Brenckman

Manager Lovell read the following brief biography of Officer Brenckman into the record:

Brian Brenckman was born and raised in the Colonia section of Woodbridge Township. He entered the United States Navy after completing high school in 2002. He served as a Master-at-Arms (Navy Police) for five years. He was stationed at the Submarine Base in Groton, Connecticut. He deployed to the Persian Gulf in 2005 as part of an Embarked Security Team, deterring piracy in the Middle East. He returned to Connecticut shortly but then was deployed to Iraq in 2006, working in various detainee facilities in the country. He returned home from Iraq and finished his time at the submarine base working as a Precinct Armorer and Security Boat Coxswain.

He exited the Navy in 2008, returning home to New Jersey. Ptl. Brenckman was selected as an Alternate Route Candidate at the John H. Stamler Police Academy in Union County. The Randolph Township Police Department hired Ptl. Brenckman while he was attending the academy in 2008. He has been a member of the department’s patrol division for the last 3 1/2 years.

Ptl. Brenckman is married, living with his wife Michelle in Colonia. He is still actively serving his country as a member of the Navy Reserves at Naval Weapon Station Earle. Ptl. Brenckman just returned home after participating in Operation Deep Freeze in Antarctica with his reserve unit.

Manager Lovell read the following letter from Mr. Frank Giarratano, Jr. into the record:

Dear Chief Mason:

On Saturday, March 24, 2012, my 13-year-old daughter Amanda and I ran out of gas on Route 10 on the eastbound lane across from the Music Den in Randolph.

I called your department to alert them that my car was on the shoulder with flashers on. Amanda and I walked down the hill to a Shell station, and as we arrived in their lot Officer Brian Brenckman called my cell phone to say that he was on his way with a gas can. This was totally unexpected, and needless to say, it was much appreciated.

Officer Brenckman picked us up, and after I purchased gas in your can, he drove us back to my vehicle where he stood guard while I put the gas into the tank.

I can’t tell you how impressed I am with this young officer. He was a total gentleman and wanted nothing more than to help us out.

I want to thank you and Officer Brenckman for this wonderful gesture. I will brag about him every chance I get. As a business owner and a 10-year elected member to the Rockaway Township Board of Education, I believe that a man like Officer Brenckman is an asset to any organization or municipality.

Thank you, Chief, for encouraging this kind of behavior.

Officer Brenckman was presented with the Township flag.

Officer Brenckman presented to the Township the United States Flag of America that was flown over the South Pole Station in Antarctica on February 13, 2012, during his participation in Operation Deep Freeze in Antarctica with his reserve unit.

PROCLAMATION—Declaring May 2012 Historical Preservation Month

WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, “DISCOVER AMERICA’S HIDDEN GEMS” is the theme for National Preservation Month 2012 cosponsored by Randolph Township’s Landmarks Committee and the National Trust for Historic Preservation.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, will be leaving the meeting to attend the Board of Education meeting and will report any discussion concerning the planned solar initiative to the Mayor. Mrs. Stewart thanked the Council for recognizing Officer Brenckman for his military service. She also wished the Council and people in attendance the reward of the upcoming holy days.

Jay Holiday, 77 Musiker Avenue, thanked the Council for addressing the issue of cell tower oversight with the proposed ordinance, however he requested that the proposed ordinance be amended to call for a moratorium on new applications until structural analyses can be performed.

Ms. Gallo, representing the Township Attorney’s office, responded to Mr. Holiday’s concerns regarding the proposed ordinance.

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

MANAGER’S REPORT

SwiftReach Implementation

Manager Lovell reported that a contract with SwiftReach has been signed. His comments included the following:

  • SwiftReach will provide reverse 911 services to Randolph Township as well as general notifications for those residents who wish to sign up for alerts
  • There will be an ability to use cluster lists (for example, the Public Works employees can be contacted as a group for storms or other emergencies)
  • Various sections of the Township can be mapped in order to target specific notifications (for example, water main breaks)
  • There has already been an initial start-up meeting and people have been identified who will have full access to the system
  • A policy is being designed at this time which will define who will have the ability to authorize a reverse 911 exercise
  • The Manager expects this system will bring real value to Randolph Township
  • There will be training sessions where employees will familiarize themselves with how to put the program into effect should an emergency arise
  • In order to get information about SwiftReach to the community, a town-wide mailing will be done to every household, notices will be posted on the email alert system and the Recreation blast alert system, and through the Randolph Quarterly Newsletter
  • In addition, the Manager will ask the Board of Education to use their school alert and back-pack stuffers
  • The reverse 911 calls will go to every household
  • The advisories will be issued to those individuals who voluntarily provide cell phone and email information
  • A township-wide notification through SwiftReach will take minutes as opposed to the five to eight hours that it would have taken the county reverse 911 system
  • The Manager thanked the members of the Emergency Communications Committee for all of their efforts in bringing this system to Randolph Township

Questions and comments from the Council included:

  • When will the test date occur (the Manager would like the test to take place after the next distribution of the newsletter and mailing go out)
  • There was the suggestion that a test of the system in summer may not be the best time since so many residents are out of town on vacation
  • Will the business owners in town receive the reverse 911 calls (the Manager will find out)
  • Perhaps another task force meeting could be held after the test date and training take place to allow for follow-up discussion
  • Testing of the system may take place in September in order to allow time for residents to sign up for the program and for the summer vacation months to end
  • How will residents sign up for the program (land-line information will be provided by the telephone service providers that service Randolph for the emergency alerts; people will voluntarily sign up for the advisory alerts through the web site which will link them directly to SwiftReach)
  • Residents who sign up for the advisory alerts will be notified that the information they are providing may be subject to Open Government Records inquiries
  • Is there a method in place to remove information when residents move (perhaps an “unsubscribe” message could be placed on the account page)

Deputy Mayor MacArthur noted that the YMCA has again expressed a desire to be considered as an emergency shelter for residents for warming, showering, and recreation. The Deputy Mayor asked the CEO of the YMCA to contact the Township Manager so that a Memoradum of Understanding could be drafted concerning this arrangement.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #07-12: 2012 Capital Ordinance Appropriating $1,438,500.00 for Road System, Park System, Water System and Storm System Improvements

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2012 CAPITAL IMPROVEMENTS APPROPRIATING $1,438,500.00, THEREFORE, INCLUDING $1,115,000.00 FROM THE CAPITAL IMPROVEMENT FUND; $229,500.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; AND $94,000.00 DUE FROM THE MORRIS COUNTY MUA” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this ordinance will put parts of the Capital Improvement Program in motion at this time, including the 2012 road overlay program, the stormwater outflow repairs, water system improvements, and improvements to the parks and trails.

The Mayor opened the meeting to the public for a hearing on the ordinance. Seeing no one, the public portion was closed.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH PROVIDING FOR VARIOUS 2012 CAPITAL IMPROVEMENTS APPROPRIATION $1,438,500.00, THEREFORE, INCLUDING $1,115,000.00 FROM THE CAPITAL IMPR0VEMENT FUND; $229,500.00 FROM THE RECREATION DEVELOPMENT AND REDEVELOPMENT TRUST FUND; AND $94,000.00 DUE FROM THE MORRIS COUNTY MUA” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilwoman Veech made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

(2) Ordinance #08-12: Amend Bond Ordinance #02-10—Community Center/Library to Include Renovation of VFW

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AMENDING THE TITLE OF BOND ORDINANCE NO. 2-10 FINALLY ADOPTED APRIL 6, 2010, IN AND BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Lovell stated that this bond ordinance will allow for renovations at the VFW building with excess funds that remain in the Community Center/Library bond issue at the end of that project. The Manager anticipates approximately $150,000.00 to $200,000.00 will be left to invest in the VFW building improvements.

The Mayor opened the meeting to the public for a hearing on the ordinance.

Judith Stewart, 114 Everdale Road, thanked the Council and staff for continuing to keep the Library and Community Center operating and for making the VFW accessible to people with disabilities. She urged the Council to adopt this ordinance.

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

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AMENDING THE TITLE OF BOND ORDINANCE NO. 2-10 FINALLY ADOPTED APRIL 6, 2010, IN AND BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Napoliello made a motion to adopt the ordinance. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

B. Introduction

(1) Amending and Supplementing Chapter 39—Cell Towers

Manager Lovell stated that as a result of input received by residents in the Musiker Avenue area and information provided by the Planning and Zoning Administrator regarding communications towers in the township, an effort was made to tighten up the existing ordinance to address deficiencies in monitoring and understanding what already exists on the towers located in the municipality. This proposed ordinance amends the property maintenance code as well as the land use ordinance and includes language that requires tower operators to provide annual reports to the township regarding what equipment is on the towers and the structural capacity of those towers. Inspections of the towers will be required as part of certification. The Manager thanked Ed Buzak, Kelli Gallo, Paul Ferriero, and Maggie Finnerin for their efforts in drafting this ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 39, PROPERTY MAINTENANCE CODE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLH, AND THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH, WITH REGARD TO COMMERCIAL COMMUNICATIONS ANTENNA AND STRUCTURES DESIGNED TO SUPPORT OR CAPABLE OF SUPPORTING COMMERCIAL COMMUNICATIONS ANTENNA” 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 3rd of May, 2012, at 7:00 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.

Councilwoman Veech made a motion to introduce the ordinance. Councilwoman Mitsch seconded the ordinance, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

COMBINED ACTION ITEMS

Manager Lovell’s comments regarding Item P dealing with change orders for the Library/Community Center project included the following:

  • The change orders all deal with ML, Inc.
  • The supervisor on the project was mistaken in his belief that he was authorized to approve change orders since August 2011
  • Several other change orders are associated with site work that have gone through the approved channels
  • The Manager has reviewed all of the change orders in detail
  • While the Manager would have recommended approval of all of the change orders, the Council should have had the opportunity to act on each individually as they came about
  • In many cases the work has already been done and the contractor has moved forward in good faith
  • ML, Inc. has been fair and reasonable to work with throughout the process and should not be punished for staff oversight.
  • The supervisor has been made aware of the correct procedure for handling change orders and will not authorize another without going through proper channels
  • Change orders are allowed to total up to 25 percent of a project
  • The total of the change orders presented so far amount to 4.9 percent of the project total
  • Several of the change orders are due to the fact that an older structure is being renovated and things are uncovered as work progresses
  • Other revisions are made in an effort to improve the project

Deputy Mayor MacArthur noted that he is not trying to punish the contractor and that he understands that cost over-runs do happen for construction projects. The Deputy Mayor expressed concern that the change orders were approved by a subordinate of the Manager and that the documents presented do not adequately detail what has occurred. He is also concerned that by approving the change orders tonight, the Council is authorizing payment of $110,000.00 without proper reflection or questioning, and he asked the Manager to hold the resolution to April 19 so as to provide a better explanation of the changes. The Deputy Mayor also asked the Manager to provide information about prior change orders for that particular project in order to give the Council a sense of how far beyond the total estimate the project has gotten and also to be in a position to discuss which change orders resulted in the poor service of JA Alexander and whether or not anything can be done to recoup losses from them or their bond carrier.

Councilwoman Veech made a motion to approve the Combined Action Items with the exception of Item P. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

A. Authorizing Purchases from Tilcon New York, Inc. from MCCPC Contract #6 for Road Resurfacing for 2012 Road Resurfacing Program—$760,000.00

R-105-12

WHEREAS, the Township of Randolph utilizes the Morris County Cooperative Pricing Council Contract #6, Road Resurfacing, as needed for the Township; and

WHEREAS, the Township wishes to award contracts this year to Tilcon New York Inc. through the Morris County Cooperative Pricing Council for the 2012 Road Resurfacing Program; and

WHEREAS, these purchases should not exceed $760,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Tilcon New York, Inc. of Wharton, New Jersey, through the Morris County Cooperative Pricing Council Contract #6, Road Resurfacing, as needed for 2012 Road Resurfacing Program.

B. Authorizing Purchases from Tilcon New York, Inc. from MCCPC Contract #6 for Road Resurfacing for Reconstruction of Radtke Road—$93,000.00

R-106-12

WHEREAS, the Township of Randolph utilizes the Morris County Cooperative Pricing Council Contract #6, Road Resurfacing, as needed for the Township; and

WHEREAS, the Township wishes to award contracts this year to Tilcon New York Inc. through the Morris County Cooperative Pricing Council for the Reconstruction of the Radtke Road project; and

WHEREAS, these purchases should not exceed $93,000.00; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Tilcon New York, Inc. of Wharton, New Jersey, through the Morris County Cooperative Pricing Council Contract #6, Road Resurfacing, as needed for Reconstruction of the Radtke Road project.

C. Professional Services Agreement with Hatch Mott MacDonald for Butterworth Interceptor Phase I Bid Specifications and Construction Services (Additional $3,400.00)

R-107-12

WHEREAS, the Township of Randolph has a need to retain Hatch Mott MacDonald as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 for additional services related to the Butterworth Interceptor Upgrade—Raynor Project; and

WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and

WHEREAS, Hatch Mott MacDonald has indicated they will provide updated permit, design, bid and construction phase services for the Butterworth Interceptor Upgrade—Raynor Project in an amount not to exceed $3,400.00; and

WHEREAS, an original Professional Services Agreement was awarded to Hatch Mott MacDonald in connection with the Butterworth Interceptor Upgrade—Raynor Project for survey, design, bid and construction phases on December 20, 2008; and

WHEREAS, professional services agreements cannot be for more than 12 consecutive months; and

WHEREAS, the anticipated term of this new contract is one year; and

WHEREAS, the amount of the new contract is not to exceed $3,400.00 per the attached proposal; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Hatch Mott MacDonald as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 3, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #20-97, Butterworth Sewer Extension, to award a contract to Hatch Mott MacDonald for Permit, Design, Bid and Construction Phase Services for the Butterworth Interceptor Upgrade—Raynor Project in the amount not to exceed $3,400.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

D. Authorizing Professional Service Agreement with Appraisal Consultant Corporation for Tax Appeal Appraisals—Not to Exceed $30,000.00

R-108-12

WHEREAS, the Township of Randolph has a need to retain the services of Appraisal Consultant Corp. as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 for tax appeal appraisals; and

WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined that the value of the acquisition will exceed $17,500.00; and

WHEREAS, Appraisal Consultants Corp. has completed and submitted a Business Entity Disclosure Certification and Political Contribution Disclosure Form which certify that Appraisal Consultants Corp. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Appraisal Consultants Corp. from making any reportable contributions through the term of the contract, and

WHEREAS, the anticipated term of this contract is for not more than one year from April 3, 2012; and

WHEREAS, Appraisal Consultant Corp. will be paid a fee not to exceed $30,000.00 per their attached proposal; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Appraisal Consultant Corp. as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 3, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2012 budget, Tax Assessing, Other Expense, to award a contract to Appraisal Consultant Corp. for Tax Appeal Appraisals in the amount not to exceed $30,000.

_____________________________
Michael J. Soccio
Chief Financial Officer

E. Release Escrow Funds for Block 121, Lot 132, to Gigabeam Acquisition Corporation—$26.50

R-109-12

WHEREAS, the Planning and Zoning Department received escrow funds from Gigabeam Acquisition Corp., PO Box 158, Block 121, Lot 132, 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, that the remaining escrow funds in the amount of $26.50 be refunded to Gigabeam Acquisition Corp., c/o Ferraro, PO Box 158, Rockleigh, New Jersey 07647.

F. Release Road Opening Cash Bond for 16 Devonshire Drive to Beautiful Gardens Services, Inc.—$500.00

R-110-12

WHEREAS, the Engineering Department has received a request from Beautiful Garden Services, Inc. for the release of a $500.00 cash road opening bond posted for the purpose of a new curb cut, entry apron and sidewalk replacement at 16 Devonshire Drive, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on March 12, 2012; and

WHEREAS, the applicant was required to post this cash bond to guarantee the new curb cut, entry apron and sidewalk replacement at 16 Devonshire Drive 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 Beautiful Garden Services, Inc., P.O. Box 246, Budd Lake, New Jersey 07828.

G. Authorizing Award of Professional Services Agreement with Ferriero Engineering for Septic System Designs at VFW Building and Randolph Lake—Not to Exceed $10,600.00

R-111-12

WHEREAS, the Township of Randolph has a need to retain the services of an engineering firm as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 for septic system designs for the VFW Building and Randolph Lake Facility; and

WHEREAS, the Engineering Administrator has solicited proposals from three firms; and

WHEREAS, only Ferriero Engineering, Inc. has submitted a proposal to perform these services; and

WHEREAS, the Engineering Administrator has recommended the award of a contract to Ferriero Engineering, Inc. for this project; and

WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and

WHEREAS, Ferriero Engineering, Inc. has completed and submitted a Business Entity Disclosure Certification and Political Contribution Disclosure Form which certify that Ferriero Engineering, Inc. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Ferriero Engineering, Inc. from making any reportable contributions through the term of the contract, and

WHEREAS, the anticipated term of this contract is for not more than one year; and

WHEREAS, Ferriero Engineering, Inc. will be paid a fee not to exceed $10,600.00 per their attached proposal; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with Ferriero Engineering, Inc. as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 3, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinances #2-10 and #8-11, Renovation to Community Center/Library/VFW, to award a contract to Ferriero Engineering, Inc, for Septic System Designs for the VFW Building and Randolph Lake Facility in the amount not to exceed $10,600.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

H. Cancellation of Outstanding Checks Between 2010 and 2011 from the General Account and the Payroll Account

R-112-12

WHEREAS, the attached list of checks issued between 2010 and 2011 are currently outstanding; and

WHEREAS, the Finance Department has sent numerous letters with no response; and

WHEREAS; it is recommended by the Finance Director that the checks outstanding from the following accounts be cancelled:

General Account $764.40
Payroll Account $92.01

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey, that the Finance Director be instructed to cancel the attached list of outstanding checks.

I. Refund Overpayment for Block 199, Lot 46.02—4 Poplar Court—to James Park and Minsuk Son—$9,011.86

R-113-12

WHEREAS, James Park and Minsuk Son have been granted a reduction in assessed valuation for the tax years 2009 and 2010 by the Tax Court of New Jersey on Block 199, Lot 46.02, known as 4 Poplar Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $4,424.11 and $4,587.75 for 2010; 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 $9,011.86 to James Park and Minsuk Son.

J. Release Escrow Funds for Buckingham Condo Association, Block 119, Lot 91, to Wilkin Management—$40.00

R-114-12

WHEREAS, the Planning and Zoning Department received escrow funds from Buckingham Condo Assoc., c/o Wilkin Management Group, 5701 Berkshire Valley Road, Oak Ridge, New Jersey, Block 119, Lot 91, in the amount of $1,000.00; and

WHEREAS, the project has been withdrawn 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, that the remaining escrow funds in the amount of $40.00 be refunded to Buckingham Condo Assoc., c/o Wilkin Management Group, 5701 Berkshire Valley Rd, Oak Ridge, New Jersey 07438.

K. Release Escrow Funds for Paws Inn at Randolph to Robert Gierla—$79.25

R-115-12

WHEREAS, the Planning and Zoning Department received escrow funds from Paws Inn at Randolph, c/o Robert Gierla, 124 Dover Chester Road, Randolph, New Jersey, Block 44, Lot 20, in the amount of $11,000.00; and

WHEREAS, the project has been withdrawn 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, that the remaining escrow funds in the amount of $79.25 plus interest be refunded to Paws Inn at Randolph, c/o Robert Gierla, 124 Dover Chester Road, Randolph, New Jersey 07869.

L. Release Escrow Funds for Block 111, Lot 9, to Grecco Realty—$11.00

R-116-12

WHEREAS, the Planning and Zoning Department received escrow funds from Grecco Realty, 3166 Route 10 West, Denville, New Jersey, Block 111, Lot 9, in the amount of $2,900.00; and

WHEREAS, the project has been withdrawn 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, that the remaining escrow funds in the amount of $11.00 be refunded to Grecco Realty, 3166 Route 10 West, Denville, New Jersey 07834.

M. Refund 2012 Summer Stages Registration to Theresa Composto—$325.00

R-117-12

WHEREAS, Theresa Composto registered her child for 2012 Summer Stages (Session 2) and paid the fee of $350.00; and

WHEREAS, her daughter will not be attending the 2012 Summer Stages (Session 2) program due to registering her daughter in error for the incorrect session.

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 $325.00 be refunded to Theresa Composto, 18 Burnett Brook Drive, Mendham, New Jersey 07945.

N. Authorizing Change Order #5 ($1,650.00) with Rochelle Contracting—DPW Facility—Bringing New Total to $2,874,547.10

R-118-12

WHEREAS, Architect Charles Schaffer, contracted by the Township of Randolph to perform construction administration with regards to the DPW Garage, has recommended a change order to the contract with Rochelle Contracting Company, Inc., and

WHEREAS, the original contract with Rochelle Contracting Company, Inc., and previously approved change orders are as follows:

Original Contract $2,940,000.00
Change Order #1Approved 1/10/12$(7,985.00)
Change Order #2Approved 1/10/12$1,952.00
Change Order #3Approved 2/02/12$1,838.10
Change Order #4Approved 2/02/12$1,058.00
Change Order #6Approved 3/15/12$(62,100.00)
Change Order #7Rejected
Change Order #8Approved 3/15/12$(1,866.00)

WHEREAS, it is recommended by the architect that the following change order be approved:

Change Order #5: Change the color of the window frames to be green to coordinate with the building—$1,650.00

WHEREAS, the revised contract with Rochelle Contracting Company, Inc., including all change orders, is $2,874,547.10.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Order #5 in the amount of $1,650.00 be approved and the contract be amended.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 3, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #5-11, Public Works Facility, to amend the contract with Rochelle Contracting Company, Inc. for change in the color of window frame in the amount not to exceed $1,650.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

O. Authorizing Mayor to Sign Memorandum of Understanding between Morris County Soil Conservation District and Randolph Township

R-119-12

WHEREAS, there is a need to enter into an agreement between Morris County Soil Conservation District and Randolph Township to establish a working relationship and to identify the responsibilities of the District and the Municipality; and

WHEREAS, both parties agree to the terms of the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Agreement between the Morris County Soil Conservation District and Randolph Township.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

P. Authorizing Change Orders #1 through #9 (Totaling $109,591.0) with ML, Inc.—Community Center/Library—New Contract Total $2,323.591.00

Pulled from agenda for future meeting.

Q. Authorizing Replacement of the Professional Services Agreement with Lomurro, Davison, Eastman & Munoz and Awarding of the Professional Services Agreement for Bond Counsel Services to John Kraft—Not to Exceed $10,000.00

R-120-12

WHEREAS, the Township of Randolph previously awarded a professional services agreement via resolution R-29-12 adopted January 10, 2012, to John L. Kraft of Lomurro Davison Eastman & Munoz, PA as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 for bond counsel services; and

WHEREAS, John L. Kraft has left the firm Lomurro Davison Eastman & Munoz, PA and gone out on his own; and

WHEREAS, the Township of Randolph wishes to retain John L. Kraft, Esq., LLC on his own as a non-fair and open contract pursuant to the provisions of N.J.S.A.19:44A-20.4 for bond counsel services, thereby replacing R-29-12 with this resolution; and

WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the amount of the new contract is not to exceed $10,000.00 per the attached proposal; and

WHEREAS, the anticipated term of this new contract is one year beginning April 9, 2012; and

WHEREAS, John L. Kraft, Esq., LLC has completed and submitted a Business Entity Disclosure Certification and a Political Contribution Disclosure form which certify that John L. Kraft, Esq., LLC has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit John L. Kraft, Esq., LLC from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to enter into a contract with John L. Kraft, Esq., LLC as described herein, hereby replacing R-29-12.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification, Political Contribution Disclosure form and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: April 3, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Various Capital Ordinances to award a contract to John L. Kraft, LLC for Bond Counsel Services in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

R. Special Social Affairs Permit, AHEPA Chapter 300, Morris County, on May 12, 2012 at St. Andrews Greek Orthodox Church in the gymnasium, from 6:00 p.m. to 10:00 p.m.

S. Special Affairs Permit, Randolph Chemical Engine Company No. 2, 340 Route 10 W, Randolph, NJ, on May 5, 2012 from 6:00 p.m. to 9:00 p.m.

DISCUSSION ITEMS

(1) Butterworth Interceptor Phase II

Manager Lovell’s comments included the following:

  • Randolph has received proposals from four engineering firms to design the sewer interceptor that will begin at the Randolph boundary with Morris Township and tie into the Phase I improvements
  • Two of the firms came in with high bids, and two firms have come in with low bids
  • Both of the firms submitting low bids are reasonable firms—Ferriero Engineering and Suburban Engineering
  • Suburban Engineering has done a lot of engineering work for the township in the past
  • The Manager has asked the two lowest bidders to rework their proposals to include the concept of “siphoning” if it is a workable concept
  • He expects to receive this new information shortly and will present that information to the Council and would like to award a contract on April 19

OPEN TO PUBLIC

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

COUNCIL COMMENTS

Councilwoman Veech asked if there would ordinances in place that will protect the Township from issues dealing with new energy technologies.

Deputy Mayor MacArthur noted that the Morris County Improvement Authority is looking to bring new technologies to towns in Morris County and agreed with Councilwoman Veech that Randolph should have prudent ordinances on the books.

Councilman Napoliello asked the Manager for information concerning the Grecco project.

Manager Lovell responded that he can not review that information in a public meeting at this time.

Mayor Guadagno noted that the Board of Chosen Freeholders has asked that leaders of the various Girl Scout troops be given contact information so that the Freeholders can honor them when they achieve their Gold Awards.

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 following portion of the meeting.

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

A. Todd Houston v. Randolph

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 closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Councilman Napoliello made a motion to go into Executive Session at 8:10 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

Councilwoman Veech made a motion to go back into Open Session at 8:25 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

ADJOURNMENT

Mayor Guadagno adjourned the meeting at 8:25 p.m.

______________________________
Donna Marie Luciani
Township Clerk