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Township Council » Meetings » Minutes: August 1, 2013

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

Minutes: August 1, 2013

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 MacArthur. 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 7, 2012, by e-mailing them the annual resolution adopted by the Council on November 29, 2012. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 13, 2012.

2. Roll Call

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

ABSENT: Councilman Hirniak

Also present: Edward Buzak and Keli Gallo from the Law Office of Edward Buzak.

3. Mayor MacArthur led the Pledge of Allegiance.

B. RECOGNITION/PROCLAMATION

1. Swearing in Ceremony—New Police Officer Robert Coyle

Manager Lovell introduced Robert Coyle and made the following comments:

  • Graduated from the Passaic County Police Academy on July 25th
  • Served in the U.S. Marine Corp from 2009-2012 as an Engineer Detachment Officer. He supervised 100 subordinates at forward location in the Helmand Province of Afghanistan.
  • Earned the Navy and Marine Corp Commendation Medal
  • Earned the Navy and Marine Corp Achievement Medal
  • Has a Bachelor of Arts Degree in International Affairs at George Washington University, class of 2008
  • Comes from a law enforcement family; his father is the Chief of Police in Totowa.

Officer Robert Coyle was sworn in by Chief Stokoe.

2. Swearing in Ceremony—Chief of Police David Stokoe

Manager Lovell introduced David Stokoe and made the following comments:

  • Holds both bachelors and masters degrees in administration from Fairleigh Dickinson University and is a Certified New Jersey Public Manager.
  • Obtained his National Incident Management Certificate and served as a trainer at the Morris County Police Academy.
  • Began in Randolph in 1995 as a Patrol Officer.
  • Became a detective in 2001.
  • Promoted to sergeant in 2004 where he served in the patrol division and the investigations division.
  • Promoted to lieutenant in 2009 where he served as the department’s second in command under Chief Mason and headed investigations.
  • He and his wife and three children reside in the Shongum section of town.

Chief David Stokoe was sworn in by his wife, Meghan, with his children Connor, Brendan, and Ashlynn.

C. APPOINTMENTS

1. Traffic Advisory Committee—Student Liaison—Katrina Vinkman—1 Year Term

Councilwoman Carey reported that Councilman Hirniak had interviewed Katrina Vinkman who was recommended through the high school Principal. Katrina expressed an interest in being on the TAC.

Councilwoman Carey made a motion to appoint Katrina Vinkman as the Student Liaison to the Traffic Advisory Committee. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Hirniak

D. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road expressed her frustration about gaining access to the Council meeting agendas prior to the meetings. She asked the Council members to instruct the administration to be sure that the appropriate person gets the agendas on the website and available to the public at least two to three days prior to a meeting. Mayor MacArthur discussed this with Manager Lovell.

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

E. MANAGER’S REPORT

Manager Lovell reported the following:

The Brightview Project:

The work with the developer on this project began some time ago and a zoning ordinance modification was developed to accomplish it. That zoning modification brought about a project that looked undesirable. The developer agreed to pull back the application and work with the township to modify the zoning. They recently appeared before the Planning Board and were approved for development.

Municipal Building:

The township has been working with the Board of Education and doing all the trench work for their fiber optics, connecting their entire campus and town hall. Part of the project is to also do the necessary trench work for the electronic sign which will be out front. The Manager explained that during this meeting, the Council will be rejecting the bid for the electronic sign because of the large amount included in the bid for the trench work. Township staff and the Board of Education staff have worked very closely together on this project and it has gone very well.

F. COMBINED ACTION RESOLUTIONS

Mayor MacArthur pulled Item #12, the resolution on Browns Hunterdon, in order to have a separate discussion and vote

Item #10: Councilwoman Veech asked where most of the dumpster solid waste comes from. Manager Lovell explained that it is from the apartment complexes as well as the townhouse/condo complexes. He stated that dumpster collection has always been a separate contract. The Manager explained that the way the collection will be done is different from how it was done in the past and he further explained that process.

Item #11: Mayor MacArthur asked Manager Lovell to explain how the conclusion was drawn as to the immaterial non-conformity of the substitute seat.

Manager Lovell explained that the seat is not looked upon as an important factor for the tractor and therefore it was felt to be immaterial. The low bid for this contract was rejected because the tractor was not capable of doing the work that was required. The second bidder, Storr Tractor, met the specification with the exception of the seat. If a seat is substituted, it should provide equal comfort.

Councilman Napoliello made a motion to accept the Combined Action Resolutions with the exception of Item #12. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Hirniak

Item #12: Mayor MacArthur asked if there were any questions or comments regarding Resolution R-231-13 Rejecting Brown’s Hunterdon International bid.

Deputy Mayor Loveys asked Attorney Buzak to clarify that if one had not previously supported this, should he now not support it or not even vote.

Attorney Buzak explained that if the Council took action at a previous meeting and the decision was effective as of that date, but memorialized in writing to a resolution at a subsequent meeting, then the Planning Board or the Municipal Land Use process is applied. That process is only those members who have voted in favor of the action that was taken as set forth in that resolution are called to vote at the meeting. So people who voted no, don’t abstain, they’re simply not called by the Clerk, only the people who voted in favor of the action. For passage, it is the majority of those who vote, and a quorum is not needed.

Councilman Guadagno made a motion to accept Combined Action Resolution #12. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Hirniak

1. Authorizing Settlement Payment in the Case of Wolosky v Randolph to the Law Office of Walter M. Luers—$675.00

R-220-13

WHEREAS, on June 27, 2013 the Township of Randolph authorized payment of negotiated attorney’s fees in the amount of $675.00 as settlement of a pending case before the Office of Administrative Law, Wolosky v. Randolph, OAL Docket No. GRC 05974-2013N, GRC Complaint No. 2010-308; and

WHEREAS, upon receipt of said payment, the complainant shall withdraw or dismiss his complaint, which will conclude the matter.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Township remit the payment to the Law Office of Walter M. Luers, 105 Belvidere Avenue, Oxford, New Jersey 07863 in the total amount of $675.00 as settlement of the above-referenced matter.

This resolution shall take effect immediately.

2. Refund Outside Tax Sale Certificate for 199 Morris Tpke to MTAG Services—$27,380.10

R-221-13

WHEREAS, Outside Tax Sale Certificate #1949 held by MTAG Services , assessed to Annette Rivera, Block 92, Lot 19, 199 Morris Tpke.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $17,380.10, and premium in the amount of $10,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $27,380.10 to MTAG Services , holder of Tax Sale Certificate #1949.

3. Refund Outside Tax Sale Certificate for 13 Mountainside Drive to JN Properties—$44,699.94

R-222-13

WHEREAS, Outside Tax Sale Certificate #1908 held JN Properties, assessed to Frank Nitti, Block 142, Lot 13, 13 Mountainside Drive; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $40,699.94 and premium in the amount of $4,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $44,699.94 to JN Properties holder of Tax Sale Certificate #1908.

4. Refund Outside Tax Sale Certificate for 8 Shaker Mill Road to Lien Times, LLC—$67,167.25

R-223-13

WHEREAS, Outside Tax Sale Certificate #1937 held by Lien Times, L.L.C., assessed to Wendy Steinberg, Block 21.03, Lot 8, 8 Shaker Mill Road.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $37,067.25, and premium in the amount of $30,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $67,167.25 to Lien Times, L.L.C. holder of Tax Sale Certificate #1937.

5. Releasing Road Opening Cash Bond for Repaving an Existing Driveway at 20 Clover Lane to Ray Tavana—$500.00

R-224-13

WHEREAS, the Engineering Department has received a request from Ray Tavana, for the release of a $500.00 cash road opening bond posted for the purpose of repaving an existing driveway at 20 Clover Lane, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 28, 2013 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of existing driveway at 20 Clover Lane 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 Ray Tavana, 20 Clover Lane, Randolph, NJ 07869.

6. Refund Building Permit Fee for 23 Skyline Drive to Toll Brothers—$2,658.00

R-225-13

WHEREAS, the Building Department has received a request from Toll NJ VI LP for a refund of their building permit (2013-0422) fee of $3,481.00 minus 20% plan review fee (-$665.00 ) & minus State fee (-$158.00) for a total to be refunded of $2658.00 for a new home at 23 Skyline Drive, Block 146, Lot 72.15, Randolph, NJ; and

WHEREAS, the Building Permit Fee consisted of $3,481.00 which was received and deposited with the Finance Department on April 4, 2013; and

WHEREAS, a different house will be built on this lot.

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 Frank Howard, Construction Official, that the Township return the amount of $2,658.00 to Toll NJ VI LP, 20 Chapel Hill Court, Sparta, NJ 07871.

7. Refund Building Permit Fee for 29 Heritage Court to Lisa Gerardi—$96.00

R-226-13

WHEREAS, the Building Department has received a request from Lisa Gerardi for a refund of a building permit (2012-0909) fee of $127.00 for a shed at 29 Heritage Ct., Randolph; and

WHEREAS, the Building Permit fee totaling $127.00 was received and deposited with the Finance Department on July 30, 2012; and

WHEREAS, no work was done and the homeowners cancelled the project;

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 Frank Howard, Construction Official, that the amount of $96.00, the Building Permit Fee less the State fee and 20% of plan review fee, be refunded to Lisa Gerardi, 29 Heritage Court, Randolph, NJ 07869

8. Refund Registration for 2013 Various Summer Sports Clinics to Julie Seitel—$255.00

R-227-13

WHEREAS, Julie Seitel registered her child for 2013 various Summer Sports Clinics and paid the fee of $255.00; and

WHEREAS, her child will not be attending the above clinics due to medical injury.

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 be refunded to Julie Seitel, 76 Musiker Ave., Randolph, NJ 07869.

9. Refund Police Detail for DJB Event Consultants—$310.43

R-228-13

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

WHEREAS, the Detail work has been completed.

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

DJB Event Consultants, Inc. $310.43

10. Awarding a Contract for Dumpster Garbage (Solid Waste) Collection Services to Waste Management Services from Jan. 1, 2014 thru Dec. 31, 2018—$1,356,000

R-229-13

WHEREAS, the Township of Randolph advertised for Dumpster Garbage (Solid Waste) Collection Services and received bids on July 18, 2013; and

WHEREAS, 3 bids were received; and

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

Joseph Smentkowski, Inc., Jersey City, NJ
One-Year Contract: $326,700,
Three-Year Contract: $985,050,
Five-Year Contract: $1,650,000; and

Suburban Disposal, Inc., Fairfield, NJ
One-Year Contract: $380,000,
Three-Year Contract: $957,000,
Five-Year Contract: $1,595,000; and

Waste Management of New Jersey, Inc., Ewing, NJ
One-Year Contract: $277,200,
Three-Year Contract: $811,800,
Five-Year Contract: $1,356,000; and

WHEREAS, the Health Officer and Purchasing Agent recommend the award of the contract to Waste Management of New Jersey, Inc. as the lowest responsive, responsible bidder; and

WHEREAS, funds for this project will be available from the 2014-2018 budgets in the Solid Waste Collection—Other Expense account, 01-201-26-305-301; and

WHEREAS, the Township of Randolph desires to award a contract for the Dumpster Garbage (Solid Waste) Collection Services to Waste Management of New Jersey, Inc. of Ewing, NJ.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a five-year contract be awarded to Waste Management of New Jersey, Inc. of Ewing, NJ for the Dumpster Garbage (Solid Waste) Collection Services project beginning January 1, 2014 and ending December 31, 2018 for the price of $1,356,000 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 1, 2013

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 will be available in the 2014 - 2018 Budgets, Solid Waste Collection, Other Expense, to award a contract to Waste Management of New Jersey for Dumpster Garbage Collection for a 5 year contract totaling $1,356,000.

__________________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 2014 = $258,000 01-201-26-305-301
2015 = $264,600 01-201-26-305-301
2016 = $271,200 01-201-26-305-301
2017 = $277,800 01-201-26-305-301
2018 = $284,400 01-201-26-305-301

11. Award of Contract to Storr Tractor for New 4WD Tractor with Grass Flail Mower—$110,282.00

R-230-13

WHEREAS, the Township of Randolph advertised for the Purchase of One (1) New, Unused 4WD Tractor with Grass Flail Mower and received bids on July 17, 2013; and

WHEREAS, 3 bids were received; and

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

Trius, Inc., Bohemia, NY
Base Bid (4WD Tractor with Grass Flail Mower): $117,600,
Option #1: Flail Head (brush): $11,695,
Option #2: Rear Mount Mower: $11,305; and

Storr Tractor Company, Branchburg, NJ
Base Bid (4WD Tractor with Grass Flail Mower): $110,282,
Option #1: Flail Head (brush): $15,238,
Option #2: Rear Mount Mower: $8,181; and

Power Place Inc., Rockaway, NJ
Base Bid (4WD Tractor with Grass Flail Mower): $99,000,
Option #1: Flail Head (brush): No Bid,
Option #2: Rear Mount Mower: $6,575; and

WHEREAS, the apparent low bidder, Power Place Inc., provided a bid with multiple material, non-waivable exceptions to the specifications, including but not limited to the hitch capacity, the mower head reach, the king post height and the hydraulic pump, making them a non-responsive bidder and therefore their bid must be rejected; and

WHEREAS, Storr Tractor was the second low bidder and will be providing a mechanical seat as opposed to an air suspension seat which the Township of Randolph waives as an immaterial non-conformity; and

WHEREAS, the unit will be delivered within 120 calendar days of the purchase order date; and

WHEREAS, the Public Works Director and Purchasing Agent recommend the award of the contract for the Base Bid only to Storr Tractor of Branchburg, NJ as the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will come from 04-215-55-954-301; and

WHEREAS, the Township of Randolph desires to award a contract for the Purchase of One (1) New, Unused 4WD Tractor with Grass Flail Mower to Storr Tractor of Branchburg, NJ for the Base Bid only.

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 Storr Tractor of Branchburg, NJ as the lowest responsive, responsible bidder for the Purchase of One (1) New, Unused 4WD Tractor with Grass Flail Mower project for the Base Bid only for the price of $110,282 per their bid proposal with the unit to be delivered within 120 calendar days of the purchase order date.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 1, 2013

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 #12-13, Various Capital Improvements—DPW Equipment, to award a contract to Storr Tractor for the Purchase of a New, Unused 4WD Tractor with Grass Flail Mower in the amount not to exceed $110,282.

__________________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-954-301

12. Rejecting Brown’s Hunterdon International, LLC Bid for MCCPC Contract 15C Item 14 and Determining Not to Rebid the Contract for 2013-2014

R-231-13

WHEREAS, on November 8, 2012, the Township Council of the Township of Randolph (“Township”), on behalf of the Morris County Cooperative Pricing Council (“MCCPC”), adopted a Resolution awarding MCCPC Contract 15c, Item 14 (“Contract”) to Brown’s Hunterdon International, LLC (“Browns”); and

WHEREAS, the Resolution awarding the Contract to Browns provided that the bid submitted by Mid-Atlantic Truck Centre Inc. (“Mid-Atlantic”), which was the lowest numerical bid received, was rejected because it failed to acknowledge receipt of Addendum #1 and the bid submitted by Hoover & Sons (“Hoover”), which was the second lowest numerical bid received, was rejected because of an additional price that would be effective during the term of the contract; and

WHEREAS, thereafter, Mid-Atlantic contested the rejection of its bid and after legal review by Counsel for the MCCPC, it was determined that given the substance of Addendum #1 the failure of Mid-Atlantic to acknowledge the issuance of Addendum #1 was a de minimis deficiency that could be waived by the MCCPC; and

WHEREAS, on December 6, 2012, the Township, on behalf of the MCCPC, adopted Resolution 378-12 rescinding the award of Contract 15C Item 14 from Browns and awarding it to Mid-Atlantic as the lowest responsive and responsible bidder; and

WHEREAS, thereafter, Browns contested the award of the Contract to Mid-Atlantic, and ultimately brought an action in the Law Division - Docket No. MRS-L-713-13, claiming that Mid-Atlantic’s bid does not comply with the technical specifications issued by the MCCPC and therefore the Contract should be awarded to Browns as the lowest responsive and responsible bidder; and

WHEREAS, on April 5, 2013, the Court entered an Order temporarily enjoining the MCCPC and Mid-Atlantic from performing under the Contract and remanding the matter to the MCCPC for a full determination as to whether Mid-Atlantic’s bid was the lowest, responsive and responsible bid; and

WHEREAS, on April 25, 2013, the Township, on behalf of the MCCPC, held a hearing to determine whether Mid-Atlantic’s bid complies with the MCCPC bid specifications; and

WHEREAS, for the reasons as specifically set forth in Resolution 170-13, which was adopted by the Township on May 2, 2013, the Township rejected the bid submitted by Mid-Atlantic Truck Centre, Inc. for MCCPC Contract 15C Item 14 as non-responsive, rescinded the Contract from Mid-Atlantic and awarded the Contract to Brown’s Hunterdon International, LLC, the next lowest bidder; and

WHEREAS, thereafter, Mid-Atlantic submitted a written objection to the award of the Contract to Browns alleging that Browns’ bid does not comply with the MCCPC specifications; and

WHEREAS, after attendance by all parties at a Case Management Conference with Judge Weisenbeck, the Township, on behalf of the MCCPC, scheduled a hearing for June 27, 2013 to determine whether Browns’ bid complies with the MCCPC bid specifications; and

WHEREAS, in an effort to assist the Township with making the determination, on June 17, 2013, Mid-Atlantic submitted a written statement along with Exhibits detailing the alleged deficiencies in Browns’ bid, and on June 21, 2013 Browns submitted a written statement along with Exhibits detailing its response to the alleged deficiencies; and

WHEREAS, the Township, on behalf of the MCCPC, conducted a hearing on June 27, 2013 in order to determine whether Browns’ bid complies with the MCCPC bid specifications; and

WHEREAS, during the June 27, 2013 hearing both Mid-Atlantic and Browns presented oral arguments to the Township, which were followed by questions and discussions by the Township; and

WHEREAS, at the June 27, 2013 hearing, the Township, on behalf of the MCCPC, determined for the reasons set forth in detail below that the bid submitted by Browns contains one material nonconformity that cannot be waived and therefore Browns’ bid is nonresponsive and must be rejected; and

WHEREAS, the Township desires to adopt this resolution memorializing the action taken by the Township on June 27, 2013, rejecting Browns’ bid and rescinding the award of the Contract from Browns.

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

  1. On June 27, 2013 the Township, on behalf of the MCCPC, held a hearing for the purpose of determining whether Browns’ bid was the lowest, responsive and responsible bid for MCCPC Contract 15C Item 14. The Township applied the same legal standards to the review of Browns’ bid as was applied to the review of Mid-Atlantic’s bid on April 25, 2013. Those standards are set forth in Resolution 170-13 and are incorporated herein by reference. In addition, the same procedure for the hearing was followed on June 27, 2013 as was followed on April 25, 2013. Lastly, the only alleged deficiency with Browns’ bid involves the technical specifications. Therefore, the sole issue before the Township was whether the truck Browns will provide as evidenced by its bid complies with the MCCPC specifications.
  2. The Township analyzed each of the alleged deficiencies as summarized below:
    • a. Engine Block Heater: The MCCPC specifications called for a “1,500 watt block heater with plug located beneath LH door.” Mid-Atlantic argued that the 1,250 watt block heater proposed by Browns is a material non-conformity. Browns argued that the 1,250 watt block heater is the maximum size block heater for the engine that was specified in the MCCPC specifications. After reading the submissions by both parties and listening to the arguments set forth at the hearing, the Township was unable to make a decision with regard to whether the 1,250 watt block heater included in Browns’ proposal results in a finding of non-compliance with the bid specifications.
    • b. Back Up Alarm: The MCCPC specifications called for “102 db back-up alarm.” Mid-Atlantic argued that the failure of Browns to include this safety feature in its bid is a material non-conformity. Browns argued that the bid submitted included reference to the provision of the back-up alarm so there is no non-conformity. Specifically, the portion of Browns’ bid package that was completed by Tony Sanchez, Jr., Browns’ body company, references the “O.S.H.A. Approved Back Up Alarm.” The Township acknowledged that the alarm was included in Browns’ proposal and is not a non-conformity.
    • c. Air Door: The MCCPC specifications required an “inside/outside air door for engine air intake/filter with dash mounted switch.” Mid-Atlantic explained that the air door is located at the bottom of the air cleaner. When activated, it opens to allow warm air under the hood to supply the engine while plowing and closes off the exterior air inlet for the engine to prevent snow from clogging up the inlet and stalling the engine. The purpose of the dash mounted switch is to avoid the driver having to get out of the truck and manually clear the snow, which presents a variety of safety concerns for the driver. Mid-Atlantic argued that Browns bid failed to include the air door, which is a material defect. Mid-Atlantic explained that when creating the specifications on the computer through International’s program there are various drop-down menus and various options can be selected. The air door required by the MCCPC specifications is an upgrade and instead of choosing the required air door option, Browns’ bid demonstrates that the Air Cleaner Single Element was chosen instead. A review of the bid submitted by Mid-Atlantic demonstrated that if the air door with dash mounted switch was included, that option would appear on the specifications, as it did on Mid-Atlantic’s bid. After further review, Mr. Spring concluded that Browns’ proposal did not include the air door with dash mounted switch as required. Browns argued that the required air door is included as part of the air cleaning system reference in the bid submitted and therefore no exception was taken with regard to this requirement. The Township agreed with Mr. Spring and found that the bid submitted by Browns’ did not include the inside/outside air door for engine air intake/filter with dash mounted switch as required. The Township opined that the substitution of the Air Cleaner Single Element and the resulting cost savings by Browns created an unfair advantage to Browns. More importantly, the Township found that the omission of the inside/outside air door for engine air intake/filter with dash mounted switch presented significant safety concerns for the driver and that non-conformity prevents the Township from being assured that the truck as proposed by Browns will perform in accordance with the specifications. Accordingly, the Air Cleaner Single Element, as opposed to the inside/outside air door for engine air intake/filter with dash mounted switch, is a material non-conformity that cannot be waived and results in the rejection of Browns’ bid.
    • d. Power Take-Off Crankshaft Driven Damper: The bid specifications required a “power take-off crankshaft driven damper.” Mid-Atlantic alleged that failure by Browns to include this item in the bid is a material defect. Browns argued that the reference to a power take-off crankshaft driven damper in the specifications must be an error because the specifications also request a constant mesh PTO, which is the preferred, more current option. Browns explained that it would be inconsistent with industry practice to include both. Tom Spring, the Township Director of Public Works, confirmed that the inclusion of the power take-off crankshaft driven damper was an error and was inadvertently included from specifications from a previous year. Mr. Spring explained that the constant mesh PTO, which was included in Browns’ bid, was what is required. After reading the submissions by both parties and listening to the arguments set forth at the hearing, the Township was unable to make a decision with regard to whether the omission of the power take-off crankshaft driven damper but inclusion of the constant mesh PTO as proposed by Browns complies with the MCCPC specifications.
    • e. Front Tow Hooks: The MCCPC specifications required front and rear tow hooks. Mid-Atlantic argued that Browns’ bid provides rear tow hooks but does not provide front tow hooks, which is a material non-conformity. Browns argued that they did not take exception to the front tow hook requirement and they would be provided as part of the front plow. After reading the submissions by both parties and listening to the arguments set forth at the hearing, the Township was unable to make a decision with regard to whether the failure of Browns to specifically state that front tow hooks would be provided as required nonetheless complies with the MCCPC specifications.
    • f. Material: The specifications required 3/16 inch COR TEN under-structure material. Mid-Atlantic argued that Browns’ bid included Domax, which is a material non-conformity. Further, Mid-Atlantic explained that Domax does not have the same weathering and has inferior yield and tensile strengths. Browns argued that Domax is rated 110,000 PSI, is weather resistant, extra high strength steel and exceeds the specifications. After reading the submissions by both parties and listening to the arguments set forth at the hearing, the Township was unable to make a decision with regard to whether the use of Domax as proposed by Browns complies with the MCCPC specifications.
    • g. Floor Understructure: The MCCPC specifications required a minimum 3/16 inch high tensil, rust resistant, steel rated 80,000 PSI. Mid-Atlantic again argued that the Domax Long Member included in Browns’ bid is a material non-conformity. Browns maintained that the Domax Long Member exceeds the specifications. After reading the submissions by both parties and listening to the arguments set forth at the hearing, the Township was unable to make a decision with regard to whether the use of Domax as proposed by Browns complies with the MCCPC specifications.
    • h. Floor: The MCCPC specifications required 3/16 inch Hardox 400 design. Mid-Atlantic argued that Browns included a generic version call AR400, which is inferior to Hardox. Browns responded that Hardox 400 is a registered trade name of a product produced by SSAB. The reference to 400 is scale number used on the Abrasion Resistant Scale. The product can also be referred to as AR400. Therefore, Browns argued that the AR400 is the same product as included in the MCCPC specifications with the same resistance. After reading the submissions by both parties and listening to the arguments set forth at the hearing, the Township was unable to make a decision with regard to whether the use of AR400 as proposed by Browns complies with the MCCPC specifications.
  3. For the reasons as specifically set forth above in paragraph 2, the Township found that the bid submitted by Browns for MCCPC Contract 15C Item 14 contains one material non-conformity (with regard to the air door) and must be rejected as non-responsive. Accordingly, the Township hereby rejects Browns’ bid and rescinds the award of the Contract from Browns.
  4. Out of the four bids received, the only bid that has not been rejected as non-responsive is the bid from Deluxe International Trucks (the highest bid). At the June 27, 2013 MCCPC hearing, Mr. Salerno stated that he also represents Deluxe (as well as Mid-Atlantic) and that Deluxe is not interested in obtaining the contract and withdraws its bid. As it is more than 60 days beyond the date the bids were opened, the MCCPC is unable to require that Deluxe hold its bid and enter into the Contract. Therefore, the Contract will not be awarded. Further, the MCCPC is out of time to rebid the 2012-2013 Contract and instead will revise the specifications and seek bids for the 2013-2014 Contract. The MCCPC anticipates going out to bid for the 2013-2014 Contract in late summer/early fall 2013.
  5. The adoption of this resolution memorializes the action taken by the Township on June 27, 2013.
  6. This resolution is effective immediately.

13. Authorizing the Award of Contract to Beyer Ford for Purchase of 2-2014 Vehicles Under MCCPC Contract 15C for DPW

R-232-13

WHEREAS, the Township of Randolph (“Township”) wishes to purchase two (2) 2014 Ford F350 4x4 regular cab vehicles for the Department of Public Works; and

WHEREAS, these vehicles can be purchased under Morris County Cooperative Pricing Council Contract #15-C (Item #8) from Celebrity Ford LLC dba Beyer Ford of Morristown, NJ for $21,729 each for a grand total of $43,458; and

WHEREAS, funds are available for this purchase in account 04-215-55-954-301.

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 hereby awards a contract to Celebrity Ford LLC dba Beyer Ford of Morristown, NJ for the purchase of two (2) 2014 Ford F350 4x4 regular cab vehicles for the price of $21,729 each for a grand total of $43,458 under Morris County Cooperative Pricing Council Contract #15-C.
  2. This Resolution shall take effect immediately.

14. Release Road Surcharge for 137 Morris Tpke. to Erin Clark—$600.00

R-233-13

WHEREAS, the Engineering Department has received a request from Erin Clark for the refund of a $600.00 cash road surcharge posted for the purpose of providing gas service and water connection at 137 Morris Tpke., Randolph;

WHEREAS, the Road Opening Surcharge consisted of a $600.00 cash surcharge, which was received and deposited with the Finance Department on October 12, 2012 and;

WHEREAS, the Applicant was required to post this surcharge in conjunction with the connection of a natural gas line and water connection at 137 Morris Tpke., within the Township Right of way, and;

WHEREAS, the pavement within Morris Tpke. did not require opening or excavation to facilitate this connection;

WHEREAS, the Engineering Department has inspected the work, and found that Morris Tpke. was not opened or excavated;

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 Surcharge in the amount of $600.00 be refunded to Erin Clark , 80A Mara Rd., Lake Hiawatha, NJ 07034.

15. Authorizing Payments for League Fees and Ice Time for the 2013-2014 Hockey Season to Various Vendors

R-234-13

WHEREAS, the Township of Randolph (“Township”) annually participates in the Morris County Youth Hockey League through Mennen Arena; and

WHEREAS, the fee for participation in the Mite, Squirt, Pee Wee and Bantam Teams, Practice Ice and Midget Short Season for the 2013-2014 season is anticipated not to exceed $34,200; and

WHEREAS, the Township annually requires ice time for its other hockey leagues; and

WHEREAS, the Township is anticipating utilizing Floyd Hall Enterprises for some of its ice time; and

WHEREAS, the ice time at Floyd Hall Enterprises is anticipated not to exceed $14,000; and

WHEREAS, there are funds available for these league fees and ice time.

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 hereby authorizes the payment for ice time and league fees for participation in the Morris County Youth Hockey League for the 2013-2014 season for the not to exceed price of $34,200.
  2. The Township hereby authorizes the payment for ice time to Floyd Hall Enterprises for the 2013-2014 season for the not to exceed price of $14,000.
  3. This Resolution shall take effect immediately.

16. Authorizing Agreement with Aspen Ice for Lease of Ice Time and Payment of League Fees for the Hockey League

R-235-13

WHEREAS, the Township of Randolph (“Township”) wishes to lease ice time from Aspen Ice Inc. for the Hockey League; and

WHEREAS, the Township wishes to participate in Leagues through Aspen Ice Inc.; and

WHEREAS, the Township Recreation Department has solicited quotes from two different ice rinks for the ice time; and

WHEREAS, the two ice rinks have provided quotes and both will be providing ice time to the hockey league; and

WHEREAS, the ice time for Aspen Ice Inc. is anticipated not to exceed $25,000; and

WHEREAS, League Fees for the Aspen Ice League are anticipated not to exceed $5,500; and

WHEREAS, the quotes were not solicited through receipt of sealed quotes, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Aspen Ice Inc. has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Aspen Ice Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the lease of this ice time and the league fees.

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 hereby authorizes execution of an agreement with Aspen Ice Inc. of Randolph, NJ for the lease of ice time for the not to exceed price of $25,000 and league fees not to exceed $5,500.
  2. This Resolution shall take effect immediately.

17. Reject Bid—Municipal Building Electronic Sign

R-236-13

WHEREAS, the Township of Randolph advertised for the Municipal Building LED Sign project and received bids on July 10, 2013; and

WHEREAS, 2 bids were received; and

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

Allied Environmental Signage, Eatontown, NJ—$60,000;
Power With Prestige Inc., Newton, NJ—$72,400; and

WHEREAS, both bids exceed the estimate/budget for this project thus both bids must be rejected.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that both bids for the Municipal Building LED Sign project be rejected since they both exceed the estimate/budget for this project.

18. Authorizing Changing the Time Period for a PSA with Robert Michaels Assoc. for Planning Services for the Highlands Implementation Plan Tasks

R-237-13

WHEREAS, the Township of Randolph (“Township”) awarded a Professional Services Agreement to Robert Michaels and Associates for planning services for the Highlands Implementation Plan tasks via R 175-13 on June 6, 2013 for a period not to exceed one year (6/6/13-6/5/14); and

WHEREAS, Robert Michaels and Associates had already been retained and started working on this project before June 6, 2013; and

WHEREAS, the Planning and Zoning Administrator recommends changing the time period of the contract from June 6, 2013-June 5, 2014 to January 1, 2013-December 31, 2013.

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 hereby changes the time period of the contract with Robert Michaels and Associates for planning services for the Highlands Implementation Plan tasks from June 6, 2013-June 5, 2014 to January 1, 2013-December 31, 2013.
  2. All other terms and conditions of the original agreement will remain the same.
  3. This Resolution shall take effect immediately.

19. Authorizing Award of Contract to Beyer Ford for the Purchase of a Vehicle for the Rescue Squad—$24,708

R-238-13

WHEREAS, the Township of Randolph (“Township”) wishes to purchase a 2014 Ford Explorer 4WD 4 door vehicle for the Rescue Squad; and

WHEREAS, this vehicle can be purchased under NJ State Contract #T2007 83013 from Celebrity Ford LLC dba Beyer Ford of Morristown, NJ for $24,708; and

WHEREAS, funds are available for this purchase in account 04-215-55-956-305.

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 hereby awards a contract to Celebrity Ford LLC dba Beyer Ford of Morristown, NJ for the purchase of a 2014 Ford Explorer 4WD 4 door vehicle for the price of $24,708 under NJ State Contract #T2007 83013.
  2. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 1, 2013

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 #15-13, Various Capital Improvements—Rescue Squad Captains Vehicle, to award a contract to Celebrity Ford LLC dba Beyer Ford of Morristown for the Purchase of a 2014 Ford Explorer for the Rescue Squad in the amount not to exceed $24,708.

__________________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-954-301

20. Authorize Township Manager to Sign Treatment Works Application (TWA)—Brightview

R-239-13

WHEREAS, the Randolph Township Council wishes to authorize the Township Manager to execute a Treatment Works Application(TWA)for a permit on behalf of the Brightview project located on Quaker Church Road; and

WHEREAS, Township Engineer Paul Ferriero has reviewed the permit application and has determined that it is in good order and, therefore, can be authorized for submission to NJDEP.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Township of Randolph that authorization has been given for Township Manager John C. Lovell to execute the Consent Agreement.

21. Raffle License, Off-premise 50/50, Randolph Rotary Club, on October 5, 2013 (Country Fair), at the Randolph Municipal Building, 502 Millbrook Avenue, Randolph at 2:00 p.m.

22. Raffle License, Tricky Tray, Friends of Randolph Animal Pound, on October 5, 2013 (Country Fair), from 10:00 am to 4:00 p.m. at the Township of Randolph Municipal Building, 502 Millbrook Avenue, Randolph, NJ

23. Raffle License, Off-premise 50/50, Randolph PTO Council, on December 19, 2013 at 10:00 am at the Central Office, 25 Schoolhouse Road, Randolph NJ

G. UPCOMING EVENTS

  1. Sixth Annual Morris Essex Tuesday Senior Softball Barbecue & Awards Ceremony, at Freedom Park on Tuesday, August 6the starting at noon (Rain date Thursday August 8th)
  2. VFW Picnic on Saturday, August 17th from noon to 4 p.m.

The VFW will be having a 9/11 ceremony at 11 o’clock on September 11th at the VFW facility.

H. ORDINANCES: INTRODUCTIONS

1. Consent to Utilize Easement Area—Shongum Mountain Fire Company

Manager Lovell explained that the Shongum fire house will be installing a generator to service the facility during emergencies. That generator will be placed on top of a drainage easement the township has which has a concrete drain pipe underneath. In order for the generator to be placed on the site, with this ordinance the township must grant consent for them to utilize the easement.

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE GRANTING CONSENT TO UTILIZE EASEMENT AREA TO THE SHONGUM MOUNTAIN FIRE COMPANY,” 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 September, 2013 at 7 o’clock in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

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

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

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

NAYS: None

ABSENT: Councilman Hirniak

I. DISCUSSION ITEMS

1. Water Agreement with Dover and the MCMUA

Manager Lovell reported that the township has been in the process of negotiating with Dover and the MCMUA to accomplish two important goals:

  • To address the 81 Randolph residents served by the Dover system who are experiencing the low water pressures to connect them into the Randolph system in order to increase the pressure for those homes. The benefit to Dover is they would not have to build about $350,000 to $400,000 water booster station. Negotiations have taken place as to what to do with the water, that allocation that we’re providing Dover. Randolph will be providing Dover with 24,300 gallons, 11,000 of which will be provided by the MCMUA. It was agreed that that gallonage would be credited toward the number of properties in Randolph. There will be a reserve of 24,300 gallons per day to assign wherever it is deemed necessary. This will be Randolph Township’s decision, not Dover’s decision as to who gets that water.
  • Brightview will need an allocation initially of 55,000 gallons which is actually about three times what their real use will be. Dover was not willing to provide that allocation so water will be wielded through the Dover system to supply this project. That will go against Randolph’s allocation as approved by the State of New Jersey Department of Environmental Protection. There are two separate agreements, one with the MCMUA and one with Dover. It is expected that both the Dover Water Commission and the MCMUA will be signing off on the agreements shortly. The last aspect is that Randolph will be selling water to Dover. The rate will be the bulk rate number that the MCMUA has in effect at any time with an added 15% carrying cost for going through the Randolph system. It is not an arbitrary number and Dover has agreed to that rate. Once all parties have signed the agreements, Manager Lovell will meet with the DEP to explain the agreements and hopefully gain approval for the Brightview project. Brightview cannot move forward until everything is approved on this water issue.

Councilman Guadagno wanted to clarify that Randolph is not liable if lines break or water is lost due to the added pressure to the residents with low water pressure currently.

Manager Lovell explained that the lines belong to Dover, and that there will be a meter where it enters that section of Randolph. Randolph will be metering the water and billing Dover for the gallonage.

2. Emergency Preparedness Work Group Update on Cell Tower Study—Info. Center Meeting

Councilwoman Veech reported that the work group is made up of herself, Councilman Napoliello, Councilwoman Carey, and Maryann Spagnuolo from the Board of Education. The results from the PierCon reports:

  • Nowhere on the Municipal Building site or any of the school sites or surrounding property on Millbrook Avenue, is there an increase more than 10% of the existing emissions with 4 carriers being put on a new site.
  • The current emissions are mostly between 0 and 10% with a few sites that are of maximum capacity, between 10-25%. By taking the current tower down, and putting up a new tower with the 4 carriers, it would only increase the highest number by 10%. So instead of being 25% of the maximum, it would be 27.5% of the maximum. That is the understanding of the work group members.

Manager Lovell explained that the studies were very thorough. The frequency levels were measured both outside and inside the buildings. The signal strength was determined for the area and a color coded map was provided showing the signal strengths on various roads. Piercon also tested for all 4 major cell phone carriers.

There are still some questions the work group wants to clarify with PierCon. Once those questions are answered, they would like to have PierCon present information at a meeting with the Council, the Board of Education, the Schools Superintendent, and concerned residents.

3. Heritage 55—Open Space

Manager Lovell reported that the township is very close to gaining ownership of the 90 acre tract for future open space use.

4. Update E.A. Porter/Habitat Site—42 Bennett Avenue

Manager Lovell reported that the project is starting to move quickly, and it received approval from the Planning Board. He expects that sometime late in 2013 the demolition and excavation associated with the remediation of the polluted soils and concrete on the site will begin. The Manager reminded everyone that the township purchased the connecting parcel from the Habitat site out to South Salem Street. A Community Development Block Grant application will be submitted to build a pathway to connect the site to South Salem Street and to clean up the site. The significance is that a bus stop for NJ Transit could be established on South Salem Street.

Mayor MacArthur stated that he heard that there are stages to the construction and it won’t occur all at once, but over the course of 2 to 3 years.

Manager Lovell explained that Habitat is based upon sweat equity. They will start the first building and the homeowners they have selected for those units will take part in the construction. People from Habitat will be coming to Randolph Township looking for volunteers from various groups in Randolph and the surrounding areas. The contractor will get one unit done and then move to the next one, so it’ll be several years as they go through the process.

5. Stonybrook Camp Property

Manager Lovell explained that around the beginning of July Roger Black indicated a desire to be released from his lease at once. He then asked to have until August 15th to remove from the site all materials that he owned. Many hours were spent with Attorney Buzak, the township, and attorneys representing Roger Black to draft a reasonable release document. The Manager reported that earlier in the evening, he had received an email stating that on August 3rd the prepared document will be signed and Roger Black will be released from the lease and any further obligations. It will also release the township; therefore, the township can then do what it wants with the property. As part of the agreement, Roger Black is also released from any financial liability that remains. There are capital improvements that are still owed to the town which are somewhere between zero dollars and $10,000. The exact amount is unclear since some capital improvements have been done over the years. The township is releasing him from further capital improvements. Manager Lovell explained that once the release document is signed, the township needs to begin maintaining that property. In his capacity as Town Manager, he would like to assign that task to Jonathan Gold and allow him to begin construction improvements on the site for the use of the camp in 2014. The Manager felt that it was in the township’s best interest, but if the Council didn’t agree, the Parks Department will be assigned to do the work and Mr. Gold will be delayed until late September.

Ed Buzak explained that what was being asked of the Council was the approval of the termination of the lease as of August 3rd, the release of Black from his financial obligations for both rent and capital improvements, in return for a release of the township from any responsibility and liability under the terms of that lease.

Councilman Guadagno made a motion to proceed with the approval of the termination of the lease as of August 3rd, and the release of Roger Black from his financial obligations for rent, and capital improvements not to exceed $10,000, in return for a release of the township from any responsibility and liability under the terms of that lease. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Hirniak

Ed Buzak explained that the second aspect is that of maintaining the property after the release agreement is signed. The Council could authorize the Manager to accommodate that obligation by assigning it to the individual of its choice. Attorney Buzak suggested it that way so that he and Manager Lovell could discuss the details, but the idea would be to advance the ability of the successful lessee of that as of September 30th to be able to be in operation in 2014 as opposed to 2015 or thereafter.

There was discussion about the proposed arrangement. Attorney Buzak and Manager Lovell will further discuss specific details of the arrangement and provide the information to the Council.

Councilman Guadagno made a motion to authorize the Manager to work out an arrangement with the approval and involvement with the Township Attorney to satisfy the Township’s maintenance obligations that it now has on the Stonybrook property until the time that the new lease takes effect as of October 1, 2013. The details of the arrangement will be shared with the Township Council. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Hirniak

6. Wildlife Management Advisory Committee—Feeding of Deer

Deputy Mayor Loveys reported that the issue of public and private prohibition of feeding of the deer had come up at the Wildlife Management Committee meeting. Manager Lovell clarified for the committee that a public property ordinance already existed. Sue Grassmeyer forwarded to Manager Lovell a couple of ordinances that other towns had enacted. The Wildlife Management Advisory Committee as a whole is pretty adamant in their support of the prohibition. Deputy Mayor Loveys expressed to the committee his initial reservations on proposing such an ordinance, that of government intrusion. After the committee meeting, Sue Grassmeyer sent an email with several points regarding feeding of the deer including it being detrimental to the deer. The Deputy Mayor expressed that the Wildlife Management program is in its infancy and it has come a long way in a short amount of time. Deputy Mayor Loveys told the committee members that he would address the issue with the Council, but he expressed his reservations with it, specifically enforcement issues related to ordinances.

After some discussion, it was decided that the Council members were not agreeable to creating an ordinance; however, they felt that more public education about the negative impact of feeding the deer would be valuable.

7. Randolph Recycling Collection Program

Manager Lovell reported that DPW Director Tom Spring informed him of the condition of the two recycling packer trucks and the fact that they will need at least chassis replacements over the next 2 to 3 years. The Manager asked the Council to begin thinking about how to address this, and suggested privatizing the recycling program. He suggested creating a committee to begin to look at the issue and to determine what is in the best interest of the town long term. Privatization would require planning for the financial aspect and it would have an impact on staff. This would not impact the recycling center.

Councilwoman Carey, Councilman Guadagno, and Councilman Napoliello will form a committee to work with Manager Lovell and Tom Spring; Councilwoman Carey will be the chairperson. A decision needs to be in place by mid-year 2014.

8. Selection of a Community Volunteer of the Year for REF’s Randolph Rock Stars Event

Mayor MacArthur explained that the event is on November 14th at 7 p.m. at Meadow Wood Manor. He felt it was a good event for the Council to support, to support the nominees and to support the REF. The Council selects one person of the 12 for the Community Volunteer of the Year. The Mayor stated that the characteristics the REF said to consider are someone who makes a real difference in the schools and the community, someone whose tireless efforts put students first, someone who is active in the community, an advocate for Randolph Township schools, and/or someone who is a hard working, dedicated member of the schools. The Council would consider volunteers in the civic arena. Mayor MacArthur looked at the committees that report to the Council, and felt the two areas to focus on were public safety that involves students, and parks and recreation. He asked for suggestions from the Council for a potential nominee.

There was discussion about Gary Algeier for his involvement with the creation of Freedom Park, Joe Nazzarro for his years of chairing the Recreation Committee, and Audrey Verona from the Traffic Advisory Committee for her support of the Alive at 25 program. After some discussion, the Council agreed to nominate Gary Algeier for the Community Volunteer of the Year award.

J. OPEN TO THE PUBLIC

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

K. COUNCIL COMMENTS

Councilman Guadagno asked Manager Lovell what happened in court with the barn on Dover-Chester Road that had partially collapsed, but needed to be torn down before it potentially falls into the street. Manager Lovell replied that the owner was granted his first delay. He believes the judge understands that it is a significant issue.

Councilwoman Veech reported that she had visited the Morris Plains Community Garden and the Morris County Community Garden. She explained that she had visited community gardens because she has been thinking about getting a community garden started in Randolph. Norma Jacobs is also very interested in starting a community garden. Councilwoman Veech met Councilwoman Sue McClusky from Morris Plains at the Morris Plains Community Garden. Councilwoman Veech explained what a community garden is and that it would be no cost to the town. Since the Council expressed interest in the possibility of a community garden, Councilwoman Veech will gather and present more specific information at a future meeting.

Deputy Mayor Loveys reported that the Wildlife Management Committee will meet on August 28th in the recreation building. He stated that the fall hunt starts September 14th with the exception of Brundage Park which will start October 1st. Mendham wildlife management reported to Manager Lovell the dates of their shot gun hunt at Clyde Potts. He will be coordinating a mailing to the Ironia residents to inform them of the dates since there will be a drive through those neighborhoods.

Councilman Napoliello reported that the Rotary Club is looking for businesses to take on some of the Country Fair as well as for people for the yard sale. He also reported that the MAC committee wants to hire speaker Matt Bellace to present a program to the high school students as well as to parents at night. Matt Bellace is an alumni of Bucknell University where he began the New Social Engine, he wrote a book called “A Better High,” and he is a good speaker on drug and alcohol prevention. Councilman Napoliello felt it would be a good program and he reported that MAC would pay Matt Bellace’s $3,200 fee. There was some discussion on the program, the cost, and the venue. Councilman Napoliello will provide more information to the Council at a future meeting.

Mayor MacArthur thanked Manager Lovell for including Deputy Mayor Loveys and School Superintendent David Browne in the process for filling the position of Chief of Police. Manager Lovell felt the mix of people, including Roxbury Township Manager Chris Raths, was good for the process. Police Chief Stokoe indicated that he would be happy to come to a Council meeting and discuss the direction of the department. The Manager reported that recruitment of police officers is ongoing and that the department should be up to full staffing in early 2014.

Mayor MacArthur asked if Manager Lovell had spoken to Dan Mason regarding the search for the Chief Financial Officer. Manager Lovell replied that he was meeting with Mr. Mason the next day and that he would like a member of the Council to sit in on interviews with the finalists. He will also have Michael Soccio and the township auditor at the interviews.

L. EXECUTIVE SESSION

No session was needed.

M. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 9:55 p.m. Deputy Mayor Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Hirniak

________________________________
Donna Marie Luciani, Township Clerk

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