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: May 18, 2017

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Carey. 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 2, 2016 by emailing them the annual resolution adopted by the Council on December 1, 2016. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on December 8, 2016, and the Daily Record on December 6, 2016.

2. Roll Call

PRESENT:
Councilman Guadagno
Councilman Loveys
Councilwoman Veech
Deputy Mayor Forstenhausler
Mayor Carey

ABSENT:
Councilman Napoliello
Councilman Tkacs

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

3. Pledge of Allegiance

Mayor Carey led the Pledge of Allegiance.

B. PRESENTATION/PROCLAMATIONS

1. American Cancer Society Presentation for the Council—Relay for Life

Nick, a representative from the American Cancer Society of Central Morris County, presented a plaque to Mayor Carey and the Township Council thanking them for their support. The Relay for Life walk this year is on June 10 at Veteran’s Park in Parsippany. Mayor Carey explained that Deputy Mayor Forstenhausler was the Team Captain the past few years, and this year Councilman Tkacs will lead the team.

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

  • Zoning Officer and Tax Collector Positions—the two open positions have been filled. Linda Roth, currently the Tax Collector in Newton, will be filling the position vacated by Lisa Combes’ retirement. Linda has served as Newton’s tax collector since 2003; she has outstanding experience, and he feels it to be a very good fit. Karen Tomlinson will be filling the part time Zoning Officer position. Karen has over 17 years of experience in the field of zoning and construction management. She has most recently worked with a construction management firm. Earlier in her career she served as the zoning officer for Chatham Township and Harding Township. He and Darren Carney felt Karen was a good fit for the position. Linda will begin in mid-June; Karen will begin the first week in June. He commended Darren Carney for his work filling in while they searched for a zoning officer.
  • The elevator at the VFW has been installed. Once it is completely finished, and has been inspected by the state, he would like to have a ribbon cutting ceremony, possibly after the Memorial Day service, but will check with Jack Sassaman. It was primarily funded by a grant through the county CBG program.
  • He met with Paul Ferriero, Ralph Carchia, and Tom Spring to review the status of preparations for the township’s 2017 road improvement program. Public works crews have been aggressively working on catch basin repairs, and the necessary work prior to the paving. The first projects will begin later in May; Green Lane and Doby Road are two of the first roads so they are completed prior to the Randolph Lake and the camp on Doby Road opening for summer.
  • The retaining wall project is underway. The contractor is currently working on the wall at Heistein Park. Once completed, he will begin two projects on Everdale Road. The project near the farm on Everdale Road will be held off until school is out since it will require one lane of the road to be closed.
  • The facilities master plan process at the municipal building, removing the walls near the two stairways and integrating new landscaping, will begin in the fall. The concrete benches will be replaced with benches like those in the parks; he asked the Council to consider the dedication of one of those benches for J. Peter Braun. He felt it an appropriate way to pay tribute to Peter. If the Council agrees, he will order the bench.
  • The next Council meeting on June 15 is the same night as the Randolph Rock Stars event. The meeting will begin at 5:30 in order to attend the Randolph Rock Stars event at 7 p.m. at the high school.

Councilwoman Veech noted that she has seen the paving of Route 10 East and asked what else was planned for Route 10. Manager Mountain explained that he had not heard anything from the state about the paving. He believed the paving being done is maintenance, and not a total repaving of the roadway.

E. 2016 AUDIT DISCUSSION

1. R-124-17 Governing Body Certification of the Annual Audit for the Year 2016—Bill Schroeder from Nisivoccia will be in Attendance

Bill Schroeder reported the following:

  • The records the township received throughout the year were accurate; there were very minimal audit adjustments.
  • Their only recommendation, which has been the same for years, is fixed assets.
  • The results of operations—the fund balance went up $1,633,000 during the year, which is 28% over last year. Most was caused by excess revenues over the budgeted amounts by $1,122,000 of which $972,000 was excess sewer and water rents. The current year tax collections were $2,400,000 over what was budgeted. Miscellaneous revenue not anticipated of about $800,000; had appropriation reserves lapse, which is the prior year budget that was not spent, of $2,381,000.
  • The township is in a great financial position, resulting in the AAA rating.
  • His only caution was, that if the township wants to start using the fund balance, it should be used for one-time projects, not recurring items.
  • There was over $1,000,000 in the Open Space Trust at the end of 2016.

Councilwoman Veech asked for clarification on one statement in the comments and recommendations section of page 9. Mr. Schroeder explained that it is boiler plate in every report; it states that the state public contracts law is based on like-items, but like-items are difficult to define. He explained that most municipalities, including Randolph, track payments by vendor so they don’t go over the bid threshold.

Councilwoman Veech made a motion to approve Resolution R-124-17. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

R-124-17

WHEREAS, N.J.S.A. 40A: 5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year 2016 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A: 5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, that the Township Council of the Township of Randolph, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

F. APPROVAL OF MEETING MINUTES

1. Approving Regular Meeting Minutes from Council Meetings Held on April 6, 2017 and April 27, 2017

Deputy Mayor Forstenhausler made a motion to approve the Regular Meeting minutes from April 6, 2017 and April 27, 2017. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

G. COMBINED ACTION RESOLUTIONS

Item #3, awarding contract for Brookside Road sanitary sewer—Councilman Loveys asked for clarification on the extent of the project. Manager Mountain explained that the township had done a small piece in order to get out of the County’s way; this is the rest of the project that goes to Knightsbridge.

Item #5, surveying and engineering services for Bennett Avenue—Councilman Loveys asked the reason for the $3,000 increase. Manager Mountain explained that it is over only by a couple of hundred dollars, but in order to provide a little more flexibility with the cost of the permitting for the project. Councilman Loveys asked if the intent is to go out to bid in the fall for the site work. Manager Mountain replied that the soil remediation is expected to take 4-6 months; the specifications for site work would be put out to bid in the fall for an award in the winter, and an early spring start. Paul Ferriero, in conjunction with Ecol Sciences are working on the specifications.

Item #11, agreement between county and Randolph for community development program—Councilman Loveys asked for clarification. Manager Mountain replied that it is just renewing the agreement. Councilman Loveys asked if there was a way to apply the community development block grant to Bennett Avenue. The Manager explained that the township will be applying for the offsite water line.

Item #12, State housing inspections—Councilman Guadagno asked for clarification. Manager Mountain explained that this can be done locally or by the state. Since the township has a part time housing inspector and an environmental health specialist with licensing in housing to do the inspections, the state pays the township to do the inspections. They inspect the conditions of the multiple dwelling units.

Councilwoman Veech made a motion to approve the Combined Action Resolutions. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

1. Approving the Corrective Action Plan as a Result of the 2016 Audit in Accordance with Local Finance Notice 92-15

R-125-17

WHEREAS, in accordance with Local Finance Notice 92-15, all municipalities must prepare a Corrective Action Plan as part of their annual audit process; and

WHEREAS, the 2016 Audit report for the Township of Randolph has been filed; and

WHEREAS, attached is the Township’s Corrective Action Plan as a result of the 2016 audit.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a Corrective Action Plan be approved and submitted to the Division of Local Government Services.

2. Awarding a Contract for the Bennett Avenue Site Remediation Project to T.R. Weniger, Inc.—$89,925.00

R-126-17

WHEREAS, the Township of Randolph advertised for the Bennett Avenue Site Remediation Project in accordance with Local Public Contracts Law and received bids on May 5, 2017; and

WHEREAS, 10 bids were received; and

WHEREAS, bids were received from the following in the order listed and for the bid prices shown, after calculations were done to verify bidders’ submissions:

Renova Environmental Services, Ocean Twp, NJ—$95,525.37;
Enterprise Network Resolutions Contracting, Winslow, NJ—$97,700.00;
Independence Constructors, Bridgewater, NJ—$134,500.00;
The Ambient Group, LLC, Sewell, NJ—$104,800.00;
Montana Construction Corp. Inc., Lodi, NJ—$235,500.00;
Environmental Industrial Services Corp. of NJ, Hopelawn, NJ—$90,187.50;
Vollers Excavating & Construction, Inc., North Branch, NJ—$111,555.00;
Reivax Contracting, Newark, NJ—$226,900.00;
Salmon Bros. Inc., Netcong, NJ—$217,000.00;
T.R. Weniger, Inc., Piscataway, NJ—Base Bid: $89,925.00; and

WHEREAS, the Engineer, the Engineering Administrator/W&S and the Purchasing Agent recommend the award of the contract to T.R. Weniger, Inc. as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Bennett Avenue Site Remediation Project to T.R. Weniger, Inc. of Piscataway, NJ in the amount of $89,925.00; and

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

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to T.R. Weniger, Inc. of Piscataway, NJ for the Bennett Avenue Site Remediation Project project for the price of $89,925.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 18, 2017

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 13-15, 42 Bennett Avenue to award a contract to TR Weniger, Inc. for the Bennett Avenue Site Remediation project, per its response to a solicitation of bids by the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-970-300 (not to exceed $89,925)

3. Awarding a Contract for the Brookside Road Sanitary Sewer to Reivax Contracting Corp—$118,307.00

R-127-17

WHEREAS, the Township of Randolph advertised for the Brookside Road Sanitary Sewer project in accordance with Local Public Contracts Law and received bids on May 5, 2017; and

WHEREAS, 7 bids were received; and

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

M.S.P Construction Corp, Newark, NJ—$415,000.00;
Reivax Contracting Corp, Newark, NJ—$118,307.00;
T.R. Weniger, Inc., Piscataway, NJ—$192,300.00;
John Garcia Const. Co. Inc., Clifton, NJ—$152,650.05;
Hutton Construction LLC, Cedar Grove, NJ—$129,332.10;
Pacific Construction LLC, Whitehouse Station, NJ—$157,700.04;
Shauger Property Services, Inc., East Orange, NJ—$232,700.00; and

WHEREAS, the Engineer, the Engineering Administrator/W&S and the Purchasing Agent recommend the award of the contract to Reivax Contracting Corp as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Brookside Road Sanitary Sewer to Reivax Contracting Corp of Newark, NJ in the amount of $118,307.00; and

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

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Reivax Contracting Corp of Newark, NJ for the Brookside Road Sanitary Sewer project for the price of $118,307.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 18, 2017

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 Sewer Capital Fund, Ordinance 07-17, Various Capital Improvements, Butterworth Interceptor Phase III to award a contract to Reivax Contracting for the Brookside Road Sanitary Sewer project, per its response to a solicitation of bids by the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 08-215-55-915-302 (not to exceed $118,307)

4. Awarding a Contract for a Maintenance Contract for the Township’s Fire Apparatus for July 1, 2017 through June 30, 2018 to Fire & Safety Services, LTD

R-128-17

WHEREAS, the Township of Randolph advertised for a Maintenance Contract for the Township’s Fire Apparatus in accordance with Local Public Contracts Law and received bids on April 28, 2017; and

WHEREAS, 2 bids were received; and

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

Fire & Safety Services, Ltd., South Plainfield, NJ -
Hourly Rate for Supplemental Services—$114
Hourly Rate for Emergency Service—$134
Cost for pick-up and delivery (per vehicle) from Fire Department
locations to vendor’s facilities—$200
Percentage Above Cost on Parts used 20%

Campbell Supply Co., LLC, Monroe, NJ -
Hourly Rate for Supplemental Services—$124
Hourly Rate for Emergency Service—$156 + $1.50 per mile/2 hours min.
Cost for pick-up and delivery (per vehicle) from Fire Department
locations to vendor’s facilities—$150
Percentage Above Cost on Parts used—25%; and

WHEREAS, the Fire Chief, the Public Works Director, and the Purchasing Agent recommend the award of the contract to Fire & Safety Services, Ltd. as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for a Maintenance Contract for the Township’s Fire Apparatus to Fire & Safety Services, Ltd. of South Plainfield, NJ for the prices listed above for the period of July 1, 2017 through June 30, 2018 with the option to extend for two one-year periods or one two-year period.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Fire & Safety Services, Ltd. of South Plainfield, NJ for a Maintenance Contract for the Township’s Fire Apparatus for the prices listed above and per their bid proposal for the period of July 1, 2017 through June 30, 2018 with the option to extend for two one-year periods or one two-year period.

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.

5. Extending and Increasing a Professional Services Agreement with Stewart Surveying & Engineering, LLC for Surveying and Engineering Services for 42 Bennett Ave.—$33,000.00

R-129-17

WHEREAS, the Township of Randolph (“Township”) required surveying and engineering services of Block 195, Lot 10 (42 Bennett Ave); and

WHEREAS, the Township of Randolph on January 31, 2013 via R 65-13 awarded a professional services agreement to Stewart Surveying & Engineering, LLC located at 148 East Main Street, Ste 1, Rockaway, NJ 07866 to provide the necessary surveying and engineering services of Block 195, Lot 10 (42 Bennett Ave) for a total amount not to exceed $30,000 and for a period not to exceed one year (1/31/13-1/30/14); and

WHEREAS, in April 2016, the Engineer and the Planning/Zoning Administrator advised that the services were still not complete and requested an extension through January 30, 2017 with no increase in the contract award amount; and

WHEREAS, The Township Council on April 7, 2016 via R 122-16 authorized a time extension to the professional services agreement with no increase in the contract award amount; and

WHEREAS, the Engineer has advised that these services are still not complete and additional monies are required; and

WHEREAS, the Engineer has requested an extension through December 31, 2017 along with an increase in the contract award amount of $3,000.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey that the professional services agreement awarded to Stewart Surveying & Engineering, LLC located at 148 East Main Street, Ste 1, Rockaway, NJ 07866 to provide the necessary surveying and engineering services of Block 195, Lot 10 (42 Bennett Ave) be extended until December 31, 2017 and increased by $3,000 for a total contract award amount of $33,000.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 18, 2017

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance 13-15, 42 Bennett Avenue to award a contract to Stewart Surveying and Engineering for surveying and engineering services, per its proposal submitted to the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-970-300 (not to exceed $3,000)

6. Authorizing Award of MCCPC Contract 20-B for Sporting Goods to Various Companies

R-130-17

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #20-B (Sporting Goods); and

WHEREAS, bids had been advertised and received on April 13, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, nine (9) bids were received; and

WHEREAS, Contract #20-B (Sporting Goods) is awarded on a “per line item” basis; and

WHEREAS, the bid specifications state that items with sub-categories will be awarded to the lowest aggregate total per item; and

WHEREAS, R&R Trophy and Sporting Goods in North Arlington, New Jersey, Triple Crown Sports, Inc. in Old Bridge, New Jersey, BSN Sports in Jenkintown, Pennsylvania, LeeZar Sporting Goods in Caldwell, New Jersey, S&S Worldwide in Colchester, Connecticut, Winning Teams by Nissel in Flemington, New Jersey, Extra Innings in Mount Laurel, New Jersey, Metuchen Center, Inc, in Sayreville, New Jersey, and Aluminum Athletic Equipment Company in Royersford, Pennsylvania, are the lowest responsive and responsible bidders for the items and prices shown in the attached Notification of Award for a one-year term with the following exception:

Category II, Items 1a and 1b: The apparent low bidder (BSN) was offering a product that did not comply with the bid specifications; the award goes to the next low bidder (Winning Teams by Nissel)

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #20-B (Sporting Goods) as noted above for the term July 1, 2017 - June 30, 2018.

7. Authorizing the Award and Rejection of MCCPC Contract 25 for Janitorial Supplies to Various Companies

R-131-17

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #25 (Janitorial Supplies); and

WHEREAS, bids had been advertised and received on April 13, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, eleven (11) bids were received; and

WHEREAS, Contract #25 (Janitorial Supplies) is awarded on a “per line item” basis; and

WHEREAS, the bid submitted by Unipak Corporation in Brooklyn, New York, was nonresponsive because the mandatory Disclosure of Investment Activities in Iran Form was not properly signed which is a non-curable, non-waivable defect and the bid must be rejected; and

WHEREAS, the bid submitted by American Paper Towel Company in Carlstadt, New Jersey, was nonresponsive because the mandatory Statement of Ownership Disclosure Form was not properly signed which is a non-curable, non-waivable defect and the bid must be rejected; and

WHEREAS, Item #14 in Category B was a tie bid between W.B. Mason and Jersey Paper Plus; and

WHEREAS, as specified in the General Conditions and Instructions to Bidders, a name drawing was held on May 2, 2017, to determine the awarded bidder for the above item with W.B. Mason’s name drawn; and

WHEREAS, the lowest responsive and responsible bidder for each line item contained in Contract #25 (Janitorial Supplies) is reflected in the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of the bids submitted by Unipak Corporation and American Paper Towel Company as noted above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #25 (Janitorial Supplies) as noted above for the term July 1, 2017 - June 30, 2018.

8. Authorizing the Award of MCCPC Contract 35 for Light Bulbs to Various Companies

R-132-17

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #35 (Light Bulbs); and

WHEREAS, bids had been advertised and received on April 13, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received; and

WHEREAS, Contract #35 (Light Bulbs) is awarded on a “per line item” basis; and

WHEREAS, the bid specifications state that the bidder’s case quantity cannot be more than the case quantity specified on the Bid Proposal Form; and

WHEREAS, the bid specifications also state that bidders are to provide on the Bid Proposal Form an internet-searchable part number for the item being bid; and

WHEREAS, in those cases where a bidder exceeded the case quantity requested for an item, did not provide a searchable part number for an item, or indicated an item that could not be found by the MCCPC when performing a search, those items were awarded, if possible, to the next lowest responsive and responsible bidder; and

WHEREAS, Jewel Electric Supply in Jersey City, New Jersey, Chester Lighting in Chester, New Jersey, Monarch Electric Company in Fairfield, New Jersey, and Generations Electrical Company in Butler, New Jersey, are the lowest responsive and responsible bidders for the items and prices shown in the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #35 (Light Bulbs) as noted above for the term July 1, 2017 - June 30, 2018.

9. Authorizing Award of MCCPC Contract 42 for Landscaping Materials and Supplies to Various Companies

R-133-17

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #42 (Landscaping Materials and Supplies); and

WHEREAS, bids had been advertised and received on April 13, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received; and

WHEREAS, Contract #42 (Landscaping Materials and Supplies) is awarded on a “per line item” basis; and

WHEREAS, the bid specifications require bidders to submit literature with the bid proposal for all equivalent items being bid; and

WHEREAS, the bid specifications state that bidders who do not supply the literature for equivalent items at the time of the bid opening will automatically be excluded from the award of that item; and

WHEREAS, Fisher & Son Company in Exton, Pennsylvania, and Levitt’s in Pine Brook, New Jersey, did not submit any literature for several equivalent items bid and therefore those items must be awarded to the next lowest responsive and responsible bidder; and

WHEREAS, Item #4 in Category C was a tie bid between SiteOne Landscaping and Crop Production Services; and

WHEREAS, Item #11 in Category C was a tie bid between Levitt’s and Grass Roots Turf Products; and

WHEREAS, as specified in the General Conditions and Instructions to Bidders, a name drawing was held on May 11, 2017, to determine the awarded bidders for the two above tie bids with SiteOne drawn for Item #4 and Grass Roots drawn for Item #11; and

WHEREAS, the lowest responsive and responsible bidders for each line item contained in Contract #42 (Landscaping Materials and Supplies) is reflected in the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #42 (Landscaping Materials and Supplies) as noted above for the term July 1, 2017 - June 30, 2018.

10. Authorizing Award and Rejection of MCCPC Contract 40 for Personal Protection Items and Equipment for Emergency Personnel to Various Companies

R-134-17

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #40 (Personal Protection Items & Equipment for Emergency Personnel); and

WHEREAS, bids had been advertised and received on April 13, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, nine (9) bids were received; and

WHEREAS, Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) is awarded on a “per line item” basis to the responsive and responsible vendor offering the highest discount; and

WHEREAS, the bid specifications require bidders to submit a searchable data storage device containing price list information at the time of the bid; and

WHEREAS, the bid specifications state that bidders who do not supply the electronic price list will automatically be excluded from the award of that item; and

WHEREAS, the bid specifications require that bidders provide a discount for the complete line of a specific manufacturer; and

WHEREAS, the bid submitted by Grace Industries in Fredonia, Pennsylvania, was withdrawn via an email dated May 10, 2017; and

WHEREAS, the bid submitted by New Jersey Fire Equipment Company in Green Brook, New Jersey, was non-responsive because they did not properly sign the mandatory Statement of Ownership Disclosure Form which is a non-curable, non-waivable defect and their bid must be rejected; and

WHEREAS, Item #6 in Category A was a tie bid between Gen-El Safety and All Hands Fire Equipment; and

WHEREAS, Item #21 in Category B was a tie bid between Firefighter One and Continental Fire & Safety; and

WHEREAS, as specified in the General Conditions and Instructions to Bidders, a name drawing was held on May 10, 2017, to determine the awarded bidders for the two above tie bids with Gen-El’s name drawn for Item #6 in Category A and Firefighter One’s name drawn for Item #21 in Category B; and

WHEREAS, the responsive and responsible bidders offering the highest discount for each line item contained in Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) is reflected in the attached Notification of Award for a one-year term with the following exceptions:

Category A, Item 23: Olympic Glove and Safety Company indicated on their bid proposal that the discount offered did not include the entire line of products

Category B, Item 1: Continental Fire & Safety submitted a CD with price lists but the price list for this item was not included

Category B, Item 28: Olympic Glove and Safety Company indicated on their bid proposal that the discount offered did not include the entire line of products

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of the bid submitted by New Jersey Fire Equipment Company as noted above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) as noted above for the term July 1, 2017 - June 30, 2018.

11. Authorizing Agreement Between the County of Morris and Randolph, as well as Other Municipalities, to Establish a Cooperative Means of Conducting Certain Community Development and Home Activities Program

R-135-17

WHEREAS, the County is eligible to receive Federal funds available through the Department of Housing and Urban Development; and

WHEREAS, in order to receive certain Federal funds which are potentially available to the County of Morris under the Community Development Block Grant Program, HOME investment Partnerships Program authorized by Title II of the Cranston-Gonzalez National Affordable Housing Act, Federal Register, Vol. 56, No. 143, dated July 2, 1991; and

WHEREAS, the Emergency Shelter Grant Program (“ESG”) provided through Subtitle B of the McKinney-Vento Homeless Assistance Act permits for substantial federal funds allocated to prevent homelessness and to enable homeless individuals and families to move toward independent living; and

WHEREAS, an agreement has been proposed under which the Township of Randolph and the County of Morris which will form a consortium by establishing a cooperation agreement for Federal Fiscal Years 2018, 2019 and 2020; and direct its activities to the elimination of housing problems within New Jersey in accordance with the housing goals and strategies outlined in the Morris County Consolidated Plan; and

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

  1. The agreement entitled, “AGREEMENT BETWEEN THE COUNTY OF MORRIS AND CERTAIN MUNICIPALITIES LOCATED THEREIN ESTABLISHING A COOPERATIVE MEANS OF CONDUCTING CERTAIN COMMUNITY DEVELOPMENT AND HOME ACTIVITIES PROGRAM” pursuant to the National Affordable Housing Act of 1990, a copy of which is on file in the County of Morris, Department of Human Services, Division of Community & Behavioral Health Services, Office of Community Development, shall be executed by the Township of Randolph as well as the Freeholder Director of the County of Morris and Clerk of the Board of Chosen Freeholders in accordance with the provisions of the law.
  2. This resolution shall take effect in accordance with the law.

12. Authorizing the Township to Conduct Mandatory State Housing Inspections Between July 1, 2017 and June 30, 2018 and to be Compensated by the State in the Amount of $4,000.00

R-136-17

WHEREAS, the Township wishes to enter into an agreement with the State of New Jersey, Department of Community Affairs; and

WHEREAS, the Township agrees to conduct State mandated inspections of hotels and multiple dwellings within its jurisdiction on behalf of the Bureau of Housing during Fiscal Year 2018; and

WHEREAS, these inspections will be conducted between July 1, 2017 and June 30, 2018; and

WHEREAS, the amount the Township will receive is based upon the number of hotels, motels, and multiple dwellings that require inspection during the fiscal period; and

WHEREAS, the State agrees to pay the Township a sum of $4,000.00 for this service.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey that the Mayor be authorized to sign this Agreement.

13. Refund Partial Day Camp Registration Fee Due to Conflict in Schedule for Lina Aldana, 8 Powder Horn Terr.—$255.00

R-137-17

WHEREAS, Lina Aldana registered her child (Corey Miguel Harris) for Day Camp program and paid the fee of $280.00.00; and

WHEREAS, her child will not be attending Day Camp due to a conflict in their schedule.

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 $255.00.00 be refunded to Lina Aldana, 8 Powder Horn Terrace, Randolph, NJ 07869.

14. Refund Full Day Camp Registration Fee Due to Registering Error to Amy Kriegsman, 14 Sunset Drive—$1,070.00

R-138-17

WHEREAS, Amy Kriegsman registered her child for Day Camp program and paid the fee of $1,070.00; and

WHEREAS, her child will not be attending Day Camp due to registering for the incorrect program due to staff error.

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 $1,070.00 be refunded to Amy Kriegsman, 14 Sunset Drive, Randolph, NJ 07869.

15. Raffle License, Off-Premise Merchandise, Randolph Education Foundation, on June 15, 2017, at the Randolph High School, 511 Millbrook Ave, Randolph, NJ from 7:00 p.m. to 9:00 p.m.

H. UPCOMING EVENTS

  1. Grand Opening/Ribbon Cutting—Salus por Aquam, 140 Route 10 West, Randolph (in plaza with Noches de Columbia) on Saturday, May 20th at 2:00 p.m.
  2. Artworks Studio 15th Annual Student Art Show, Saturday May 20th, 4:30 p.m. - 6:30 p.m. at the Artworks Studio behind Municipal Building
  3. Bench Dedication in honor of Len Pietrewicz on May 23 at 6:00 p.m. Attendees will meet in the overflow lot on the south side of Municipal Building and will walk to site.
  4. Memorial Day Ceremony on Monday, May 29 at 11:00 a.m. at VFW Post 7333, 103 Carrell Road
  5. Habitat for Humanity, Hammer for Heroes on Saturday, June 3 from 9 a.m. to 2 p.m. at the ReStore, 274 South Salem St., Randolph
  6. Randolph Area Chamber of Commerce After Hours, Thursday, June 8th from 5:30 p.m. - 7:30 p.m. at Brightview Randolph, 175 Quaker Church Road, RSVP 973-361-3462
  7. Grand Opening/Ribbon Cutting—LiveWell Pharmacy, 477 Route 10 East, Unit 13, Saturday, June 10th at 10:00 a.m.
  8. Relay for Life at Veteran’s Memorial Park on Route 46, Parsippany, begins June 10 with registration at 2 p.m.; opening ceremony at 4 p.m.; ending on June 11 at 6:00 a.m.—Randolph Township Team
  9. American Animal Hospital 29th Annual Open House to benefit animal rescue groups including the Randolph Animal Shelter—June 11th from 11:30 a.m. - 2:30 p.m.
  10. Randolph Rock Star Event on Thursday, June 15, 7:00 p.m. - 9:30 p.m. in the Randolph High School Commons
  11. Randolph Education Foundation—Randolph Rocks 5K Run/Walk—Saturday, June 17th at 8:30 a.m. at Randolph High School
  12. Pediatric Dental Associates of Randolph—June 17th at 10:00 a.m., ceremony at 11:00 a.m.—Corner of Route 10 and Millbrook Avenue—Mission Gratitude to Honor First Responders, Military Personnel and Service Dogs
  13. Morris County League of Municipalities—June 21st at 5:15 p.m., Berkshire Valley Golf Course
  14. Randolph and Rockaway Chamber of Commerce luncheon—June 8th, at the Asian Diner at the Quality Inn Hotel in Rockaway

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 07-17: An Ordinance of the Township of Randolph Appropriating $1,700,000 from the Capital Improvement Fund for 2017 Water-Sewer Capital Improvements

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,700,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2017 WATER-SEWER CAPITAL IMPROVEMENTS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is a capital cash ordinance for water and sewer improvements. All the projects are part of the capital plan for 2017.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,700,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2017 WATER-SEWER CAPITAL IMPROVEMENTS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to adopt the Ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

2. Ordinance No. 08-17: An Ordinance of the Township of Randolph Appropriating $784,000 from the Capital Improvement Fund for Various 2017 Capital Improvements

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $784,000 FROM THE CAPITAL IMPROVEMENT FUND FOR VARIOUS 2017 CAPITAL IMPROVEMENTS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is the capital cash ordinance for the general capital improvements that are all part of the 2017 capital plan.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $784,000 FROM THE CAPITAL IMPROVEMENT FUND FOR VARIOUS 2017 CAPITAL IMPROVEMENTS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to adopt the Ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

3. Ordinance No. 09-17: Appropriating $1,000,000 from the Capital Improvement Fund for the 2017 Road Overlay Program

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,000,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2017 ROAD OVERLAY PROGRAM” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is the capital cash ordinance funding the 2017 road project; all the roads were discussed at a previous Council meeting.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $1,000,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2017 ROAD OVERLAY PROGRAM” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno commented that the road program has been great.

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

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

4. Ordinance No. 10-17: An Ordinance of the Township of Randolph Appropriating $130,000 from the Recreation/Open Space Trust Funds for Design and/or Engineering Services for the Park Currently Known as Calais Park

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $130,000 FROM THE RECREATION/OPEN SPACE TRUST FUNDS FOR DESIGN AND/OR ENGINEERING SERVICES FOR THE PARK CURRENTLY KNOWN AS CALAIS PARK” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is a cash ordinance funding the design work associated with the development of the park on Calais Road.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $130,000 FROM THE RECREATION/OPEN SPACE TRUST FUNDS FOR DESIGN AND/OR ENGINEERING SERVICES FOR THE PARK CURRENTLY KNOWN AS CALAIS PARK” 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 Loveys confirmed with Manager Mountain that the $130,000 is a portion of the $2.3M that was budgeted. Deputy Mayor Forstenhausler clarified that this parcel will be referred to as Calais Park until it is officially named.

Councilwoman Veech made a motion to adopt the Ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

5. Ordinance No. 11-17: Bond Ordinance Providing for the Acquisition of New DPW Equipment by the Township of Randolph, Appropriating $316,000 and Authorizing the Issuance of $237,500 Bonds or Notes of the Township for Financing Such Appropriation

BE IT RESOLVED, that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF NEW DPW EQUIPMENT BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $316,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $237,500 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING SUCH APPROPRIATION” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this bond ordinance is funding public works equipment.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF NEW DPW EQUIPMENT BY THE TOWNSHIP OF RANDOLPH, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING $316,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $237,500 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING SUCH APPROPRIATION” 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.

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

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

6. Ordinance No. 12-17: An Ordinance of the Township of Randolph Appropriating $418,000 from the Recreation/Open Space Trust Fund for Various 2017 Parks and Recreation Capital Improvements

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $418,000 FROM THE RECREATION/OPEN SPACE TRUST FUND FOR VARIOUS 2017 PARKS AND RECREATION CAPITAL IMPROVEMENTS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is a capital cash ordinance funding parks and recreation improvements in the parks funded from the Open Space Recreation Trust.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $418,000 FROM THE RECREATION/OPEN SPACE TRUST FUND FOR VARIOUS 2017 PARKS AND RECREATION CAPITAL IMPROVEMENTS” 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.

Deputy Mayor Forstenhausler made a motion to adopt the Ordinance. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

J. ORDINANCES: INTRODUCTION

1. Ordinance No. 13-17: An Ordinance Authorizing and Accepting the Conveyance of Block 11, Lot 32, 565 Millbrook Avenue, Randolph as Shown and Designated on the Official Tax Map of the Township of Randolph, County of Morris, State of New Jersey from the Owners Thereof

Manager Mountain explained that the ordinance authorizes the acceptance of the conveyance of the contract for sale of 565 Millbrook Avenue. The previous ordinance was the agreement with the Board of Education; this is the actual contract for sale with the seller.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AUTHORIZING AND ACCEPTING THE CONVEYANCE OF BLOCK 11, LOT 32, 565 MILLBROOK AVENUE, RANDOLPH AS SHOWN AND DESIGNATED ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY FROM THE OWNERS THEREOF” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 15th of June 2017 at 5:30 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

Councilman Loveys asked if the lease-purchase agreement covers the municipality if funds needed to be expended for things such as inspections, and the sale never closed. Manager Mountain replied that the Board of Education is still responsible for reimbursing the township for any costs associated with the investigation of the project.

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

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

K. DISCUSSION ITEMS

1. Shongum Lake: NJDEP Low Interest Loan Application for Dredging—Request Township to Co-Sign—Representatives of Shongum Lake Property Owner’s Association—Authorizing Resolution R-139-17

Manager Mountain explained that the Council had a memorandum from him outlining the background of the request to be presented in detail. He introduced Richard Marcickiewicz from the Shongum Lake Property Owner’s Association.

Richard Marcickiewicz, attorney for the Shongum Lake Property Owner’s Association (SLPOA), requested that the township be a co-applicant on the loan from the DEP associated with dredging Shongum Lake. It is a low interest loan; the SLPOA is unable to apply for the loan without the township being a co-applicant. In 2004, the township was a co-applicant with the SLPOA. At that time, they entered into an agreement with the township; one of the pre-conditions of the agreement was that it was not going to cost the township any money. The association came up with the necessary funds to cover a number of things such as assessment and counsel fees, any expenses were built into the agreement and were funded by the SLPOA. The loan application must be filed by the end of May. The funds became available, they are limited, they include both dams and for dredging.

John Ragan, the engineer for the SLPOA, explained that Shongum Lake is a 70 acre lake that serves as a regional collection point for storm water runoff from the watershed in the area. Mr. Ragan explained that Shongum Lake was partially dredged approximately 30 years ago. Recent studies have shown that sediment is accumulating in Shongum Lake; estimates have ranged between 140,000-190,000 cubic yards of sediment, which is a significant volume. Because of the significant volume, they do not expect that the entire lake could be dredged at one time. A loan program has become available through the DEP which allows the SLPOA to apply for a low interest loan to assist with the process. Mr. Ragan stated that if the Council was willing to be a co-applicant on the loan, the membership of the SLPOA will need to support the project; the cost of the dredging will be borne by the association members through a special assessment. He explained that dredging is important to keep the water body useful, and that the process will improve the water quality; therefore, there are benefits to both the community and to the water shed.

Councilman Loveys asked if there were time constraints for them to get support from the SLPOA membership prior to completing the application. Mr. Ragan replied that there would be a special meeting with the association members prior to May 31st; there are roughly 750 households in the membership of the association. There will not be support by a super majority before the application is due on the 31st; however, the association is willing to withdraw the application if they do not get the level of support that is acceptable to the Council. Mr. Ragan explained a few of the requirements of the application.

Councilman Guadagno asked if the homes with deeded lake rights would have the same type of assessment as the dam assessment. Attorney Marcickiewicz stated that all of those would be included in an assessment; this would be a 20 year loan, like the dam. Attorney Buzak and Manager Mountain explained that it was a flat, monthly amount for each property; if a home was sold, the seller was required to pay off the loan. Councilwoman Veech noted that the dam assessment began in 2005, therefore, association members are still paying that assessment and will have an additional assessment. She asked what the total amount of the loan would be; Attorney Marcickiewicz stated that the amount would not be known until they approach the membership and determine what they are willing to expend on the application. Councilwoman Veech asked for clarification on how the process will work, and how it is determined that 2/3 of the members support the project. Attorney Marcickiewicz responded that in the past it was done with a petition; however, it will likely be done electronically or a combination. They will be able to show the percentage of members willing to participate.

Councilwoman Veech asked about preventative measures to lower the amount of silt going into the lake; a few years ago, putting filters in the storm drains was discussed. Scott Bortnick, the President of the SLPOA, replied that the township has been very helpful with street sweeping and other programs. The inlet filter was a pilot program that has been going very well; there are significant accumulations of organic materials that are being collected by the filters. The township has been very diligent in checking and cleaning the sediment basins yearly. Councilman Guadagno added that he has been speaking with residents who have reported that landscapers blow the grass clippings into the storm drains. Mr. Bortnick stated that he has seen that as well, and that the SLPOA reaches out to those homeowners to have them speak to their contractors. There was a discussion about paint being put down the storm drains in the past, and how the issue was resolved with the contractor.

Councilwoman Veech stated that she did not feel there was a risk to the township to endorse the application. Attorney Buzak agreed, and explained that there are a series of steps in the process, with this being the first.

Councilwoman Veech made a motion to endorse the application. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Guadagno
Councilman Loveys
Councilwoman Veech
Deputy Mayor Forstenhausler—ABSTAIN
Mayor Carey

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

R-139-17

WHEREAS, the Shongum Lake Property Owners Association (“SLPOA”) is the owner of Shongum Lake in Randolph Township; and

WHEREAS, the State of New Jersey, through the New Jersey Department of Environmental Protection (“NJDEP”), has a low interest loan program which makes available funding for certain improvements; and

WHEREAS, in order for a private lake association to make application for said funds, it is necessary for the municipality in which the lake is located to agree to execute the application as a co-applicant; and

WHEREAS, the Township Council of the Township of Randolph (“Township”) is of the view that it is in the best interests of the citizens of the Township and particularly those citizens with rights to the use of Shongum Lake to authorize the execution of the loan application, subject to the terms and conditions set forth hereinafter.

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

1. The Township Council hereby authorizes the execution of a certain loan application to the NJDEP by SLPOA in an attempt to secure a low interest loan for the purposes of dredging strategic areas of Shongum Lake and the Den Brook Canal, subject to the subsequent enactment of any appropriate resolutions and ordinances as deemed necessary and further subject to the following conditions:

i. SLPOA shall undertake a community education program and survey process to demonstrate necessary support for the project prior to the acceptance of a loan award. If either party is dissatisfied with the survey results, it is understood that the loan application can be withdrawn.

ii. SLPOA shall provide support and assistance to the Township for the establishment of a special assessment ordinance prior to the execution of a loan document. The special assessment ordinance will provide the Township with a mechanism to collect monies from benefitting property owners for repayment of the loan obligation.

iii. SLPOA shall take all actions as reasonably requested by the Township to ensure its liability for the expenditure of funds in accordance with the statutory and regulatory provisions applicable thereto and for the repayment of all loan proceeds

iv. SLPOA shall enter into an Agreement with the Township which shall include, but not be limited to, the following terms:

(a) SLPOA shall be obligated to reimburse the Township for all reasonable costs incurred by the Township related to its participation as a co-applicant in the loan program, including, but not limited to, reimbursement for all Township personnel and independent consultants, as well as any costs advanced by the Township for the payment of any deficiency in the repayment of the loan by SLPOA.

(b) SLPOA shall indemnify and hold harmless the Township from any and all claims, demands, losses, liabilities and causes of action financial and otherwise, which may arise in connection with this project.

(c) SLPOA shall complete the project as approved by the NJDEP and provide any funding in excess of the loan proceeds in order to complete the project.

(e) SLPOA shall comply with all regulatory requirements of the program.

(f) SLPOA shall not enter into a contract with a contractor who is debarred or disqualified from contracting by the NJDEP or the State of New Jersey.

2. In the event that state regulations governing the loan program are amended, the Township Council will consider said changes and may modify the conditions associated with entering into a loan agreement accordingly.

3. The form of loan application shall be reviewed by the Township Manager and Township’s Chief Financial Officer, General Counsel, and Bond Counsel, prior to its execution by the Township.

4. The Mayor and Township Clerk are hereby authorized and directed to execute said application for a low interest loan as set forth above and said officers, together with all officers and employees of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this resolution in accordance with its terms and subject to the conditions set forth herein.

5. This resolution shall take effect as set forth herein.

L. OPEN TO THE PUBLIC

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

M. COUNCIL COMMENTS

Councilman Guadagno reported that the Jersey City Rockaway Valley Regional Sewerage Authority case is going well; Attorney Buzak agreed.

Councilman Loveys reported that he, Manager Mountain, Mark Caputo, Colleen Hintz, and Beverly Mooney attended the volunteer recognition event sponsored by the County; Ginny Maico was honored. Councilman Loveys stated that it was a nice event, and Ginny was very appreciative.

Councilman Loveys also reported that he attended the Sheriff’s Office K9 presentation at the Little Village Country Day School; he thought the presentation was great.

Councilwoman Veech reported that she and Mayor Carey attended the Randolph Chamber of Commerce luncheon. Dr. David Simon from the Pain and Wellness Relief Center spoke about the issues in health care today. June 8th will be the next Randolph and Rockaway Chamber of Commerce luncheon at the Asian Diner at the Quality Inn Hotel in Rockaway.

Deputy Mayor Forstenhausler reported that he attended the 200 Club awards dinner at Zeris Inn; they gave out 20 scholarships to graduating seniors. Sheriff Gannon is the president of the 200 Club in Morris County; the organization is very supportive of police, fire, and EMS and their families.

Mayor Carey reported that she, Manager Mountain, and Councilmen Tkacs and Loveys attended the bench dedication at Freedom Park; Russ Newman and members of the Parks Committee also attended. The bench was dedicated to the anniversary of Habitat for Humanity.

Mayor Carey reported that she attended the Library Board of Trustees meeting. Architect Ben Horten attended, and the group visited the gazebo and discussed the plan options for the new gazebo.

Mayor Carey also reported that she and Councilman Loveys attended the legislative update for the Morris County Chamber of Commerce, with Rodney Frelinghuysen.

The Mayor, Manager Mountain, Councilman Loveys, and Councilwoman Veech met with 8th grade students who are working on a Capstone event addressing the Syrian refugee crisis. She reported that they had spent a lot of time and done a lot of research. They worked on Goal 16-peace, justice, and strong institutions; the students asked for their feedback, and were going to refine the information and reach out to Congressman Frelinghuysen and senators to present to them.

N. 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:

Review of Shared Services Proposal
Bailey 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 will reconvene in public session for the purpose of taking formal action.

Deputy Mayor Forstenhausler made a motion to move into Executive Session at 8:15 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

Councilman Guadagno made a motion to close the Executive Session at 8:45 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

O. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 8:45 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs