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: August 21, 2014

A. OPENING OF SPECIAL MEETING

1. Call to Order

A special meeting of the Randolph Township Council was called to order at 5:00 p.m. by Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on August 4, 2014 by e-mailing them the Special Meeting Notice. The Special Meeting Notice, which included this meeting date, was advertised in the Randolph Reporter, the official paper of the Township of Randolph, and the Daily Record on August 14, 2014.

2. Roll Call

PRESENT:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak (via phone)
Councilman Napoliello
Deputy Mayor Veech (via phone)
Mayor Loveys

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

3. Mayor Loveys led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she brought up to the Board of Education that they and the Township Council/Manager need to discuss meeting dates so there are no conflicts.

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

C. MANAGER’S REPORT

Manager Mountain reported the following:

  • Retaining Wall Work Group met earlier in the month. Paul Ferriero reviewed his findings regarding the targeted walls on Everdale Road and Fords Road. His findings:
    • Several of the existing walls can be removed completely and the property restoration can be managed through re-grading.
    • In most cases even where a wall cannot be removed it can be replaced with a much lower wall/re-grading.
    • In all cases temporary easements would be required outside the right of way for re-grading/tree removal.
    • Tree removal will be significant in some cases and necessary even on the properties where the wall is not being replaced.
    • Several of the walls are still in decent shape and their useful lives can be extended by simple maintenance vs. replacement.
    • The cost estimate for the Everdale/Fords walls would be in the $100-$135K range and this is assuming the township was to aggressively replace all walls immediately. The immediate cost will be much lower in the case of a triage approach to the repair/replacement program.
  • The Work Group discussed the Engineer’s findings and is recommending the following:
    • The township to take the lead on the repair/replacement of the walls in lieu of a special assessment process.
    • Direct Engineer to provide a prioritized list of the walls in need of repair/replacement starting with the Everdale/Fords Roads walls.
    • Engineer will identify the best approach for each wall—repair, grade out no wall, grade out/replace with lower wall. Goal to remove as many walls as possible.
    • Utilize the funding set aside for the Heistein’s demonstration wall to fund the initial wall removal work—attempt to address the first few properties in 2014.
    • Develop a retaining wall reserve starting in the 2015 capital budget focused towards funding a long range wall repair/replacement/removal program.
    • As projects are readied, schedule meetings with residents to review plan and obtain easements for work to be completed.

There was some Council discussion on the replacement of the retaining walls. The group felt that the project needs to move forward. The Manager will continue to work with Paul Ferriero to develop a final plan.

D. COMBINED ACTION RESOLUTIONS

Item #1: Councilman Guadagno asked for clarification. Manager Mountain explained that the municipalities in the county that participate with the Community Development program have to renew every three years; it’s required as part of the Federal funding the county receives through HUD. If the Resolution is not approved, the township could not put in for grant funding during the next cycle.

Item #2: Councilman Napoliello asked for clarification. Manager Mountain explained that in Phase I of Butterworth, a great deal of depth was needed for the sewer line. Although the contractor performed the required work, the condition of the road was poor. In order to return the road to the prior condition, an added area of pavement needed to be approved. The Manager has been working with Morris Township to rectify the situation. The additional funding is still below the Engineer’s estimate.

Item #3: Councilman Forstenhausler asked if township staff had looked into Federal Grant money since the Municipal Building can be used as a warming station now that the generator has been installed. Manager Mountain stated that there might be money available on the FEMA level, but getting the money in a timely fashion might be an issue. He will look into the possibility of applying for grant money.

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

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

NAYS: None

1. 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-228-14

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, 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 2015, 2016 and 2017; 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.

2. Authorizing Change Order #4 for $118,294.00—PM Construction Corp.—Butterworth Sanitary Sewer Interceptor Upgrade Project Bringing New Total to $1,515,666.28

R-229-14

WHEREAS, the original contract with P.M. Construction Corp. for the Phase 1 Butterworth Interceptor Sanitary Sewer Upgrade is $1,363,377,00; and

WHEREAS, the project engineers, Hatch Mott MacDonald, recommend that the following change order be approved:

Change Order #4—Additional milling and paving work related to the installation of sanitary sewer lines within Lake Road and Inamere Road—$118,294.00, and

WHEREAS, the original contract is now amended as follows:

Original contract amount: $1,363,377.00
Change Order # 1 $13, 234.25
Change Order # 2 $11, 655.53
Change Order # 3 $9,105.50
Change Order # 4 $118,294.00
Revised Contract Totals: $1,515,666.28

WHEREAS, the revised contract amount with P.M. Construction Corporation including this Change Order is $1,515,666.28.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that Change Order #4 be approved and the contract is to be amended accordingly.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 21, 2014

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 of the Township of Randolph, has ascertained that funds will be available in the Sewer Capital Fund, Ordinance 20-97, Butterworth Sewer Extension, to award a change order (#4) to PM Construction Corp. for the Butterworth Sanitary Sewer Interceptor upgrade project, per its contract.

_______________________
Darren Maloney
Chief Financial Officer
Budget Account: 08-215-55-901-300 (not to exceed $118,294)

3. Authorizing Award of Replacement HVAC at Municipal Building—Air Systems Maintenance—$341,000

R-230-14

WHEREAS, the Township of Randolph advertised for the receipt of bids for the Municipal Building HVAC Upgrade project on two occasions; and

WHEREAS, on the first occasion all bids were rejected on April 24, 2014 via R-123-14 since all bids exceeded the budget for this project; and

WHEREAS, on the second occasion no bids were received; and

WHEREAS, N.J.S.A. 40A:11-5(3) (a) allows for the Township to negotiate for these services after the above stated circumstances occur; and

WHEREAS, the Purchasing Agent contacted all bidders who picked up bids on both occasions and invited them to negotiate the contract; and

WHEREAS, 6 bidders expressed an interest in negotiating but only 4 responded with a price; and

WHEREAS, the 4 bidders who responded and their prices are listed below:

Echelon Services, Newton, NJ
Base Bid (Supply/install all equipment, material, labor to upgrade the Municipal Building HVAC system): $378,800,
Alternate Bid #1 (Complete duct work cleaning): $35,000,
Alternate Bid #2 (Replace existing roof mounted exhaust fan): $12,000;

Air Systems Maintenance, Inc., Kenilworth, NJ
Base Bid (Supply/install all equipment, material, labor to upgrade the Municipal Building HVAC system): $366,000 (negotiated to $341,000),
Alternate Bid #1 (Complete duct work cleaning): $62,000,
Alternate Bid #2 (Replace existing roof mounted exhaust fan): $2,200;

Comfort Mechanical Corporation, Long Branch, NJ
Base Bid (Supply/install all equipment, material, labor to upgrade the Municipal Building HVAC system): $424,800,
Alternate Bid #1 (Complete duct work cleaning): $29,800,
Alternate Bid #2 (Replace existing roof mounted exhaust fan): $5,452;

Air Maintenance Solutions, LLC, Newton, NJ
Base Bid (Supply/install all equipment, material, labor to upgrade the Municipal Building HVAC system): $332,900,
Alternate Bid #1 (Complete duct work cleaning): No Bid,
Alternate Bid #2 (Replace existing roof mounted exhaust fan): $12,000; and

WHEREAS, the Township Engineer, the Design Engineer from Strunk-Albert Engineering, the Purchasing Agent and the Township Attorney met with all 4 bidders who responded to discuss particulars and negotiate; and

WHEREAS, a series of questions was posed to each of the contractors to determine whether or not there was any flexibility in their pricing as well as to determine their responsiveness to the specifications and identify any potential issues moving forward; and

WHEREAS, it has been determined that only the Base Bid will be considered for award; and

WHEREAS, the lowest priced bidder, Air Maintenance Solutions, LLC, does not have a contractor whose primary business is installing the controls as required by the specifications and also did not have the required years of experience; and

WHEREAS, the second lowest priced bidder, Air Systems Maintenance, Inc. is proposing changes in the specifications for work to be done on straight time labor and for the garbage removal and disposal of all old VAV boxes from the floor via Randolph personnel, reducing their original amount of $366,000 to $341,000; and

WHEREAS, the Township Engineer and the Design Engineer have determined that these changes in the specifications are minor; and

WHEREAS, from a technical perspective the Township Engineer and the Design Engineer have concluded that Air Systems Maintenance, Inc. meets the contractor requirements as set forth in the specifications and is the best bidder for the project since they routinely install the controls and software as identified in the specifications and because their pricing is reasonable.

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 Air Systems Maintenance, Inc. of Kenilworth, NJ for the supply and installation of all equipment, material, and labor to upgrade the Municipal Building HVAC system for the not to exceed price of $341,000.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 21, 2014

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 of the Township of Randolph, has ascertained that funds will be available in the General Capital Fund, Ordinance 12-13, Improvements to municipal owned property, to award a contract to Air Systems Maintenance, Inc. for HVAC upgrades to the municipal building, per its contract.

_______________________
Darren Maloney
Chief Financial Officer
Budget Account: 04-215-55-954-303 (not to exceed $341,000)

4. Authorizing Award of HVAC at Animal Shelter—Air Maintenance Solutions—$49,900

R-231-14

WHEREAS, the Township of Randolph advertised for the Randolph Regional Animal Shelter Heating & Air Conditioning Systems project in accordance with Local Public Contracts Law and received bids on August 1, 2014; and

WHEREAS, 6 bids were received; and

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

Air Maintenance Solutions, LLC, Newton, NJ—Base Bid: $49,900.00;
Core Mechanical, Inc., Pennsauken, NJ—Base Bid: $46,950.60;
EACM Corp., Sea Bright, NJ—Base Bid: $70,493.00;
S & R Mechanical, Andover, NJ—Base Bid: $35,000.00;
George S. Hall, Inc., Pine Brook, NJ—Base Bid: $23,000.00;
WHL Enterprises Inc. t/a Bill Leary A/C & Htg, Metuchen, NJ—Base Bid: $74,000.00; and

WHEREAS, the bids from George S. Hall, Inc. (apparent low bidder) and S & R Mechanical (apparent second lowest bidder) needs to be rejected because the bid bonds were not executed by the Principals, thus making it a mandatory rejection of their bids; and

WHEREAS, the bid from Core Mechanical, Inc. (apparent third lowest bidder) needs to be rejected because an addendum was issued which was not acknowledged by the bidder, thus making it a mandatory rejection of their bid; and

WHEREAS, the Engineering Administrator/W&S and Purchasing Agent recommend the award of the contract to Air Maintenance Solutions, LLC as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Randolph Regional Animal Shelter Heating & Air Conditioning Systems to Air Maintenance Solutions, LLC of Newton, NJ.

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 Air Maintenance Solutions, LLC of Newton, NJ for the Randolph Regional Animal Shelter Heating & Air Conditioning Systems project for the price of $49,900.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 21, 2014

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 of the Township of Randolph, has ascertained that funds will be available in the General Capital Fund, Ordinance 16-13, Improvements to the seeing-eye facility, to award a contract to Air Maintenance Solutions, LLC, for the HVAC project at the seeing-eye facility, per its contract.

_______________________
Darren Maloney
Chief Financial Officer
Budget Account: 04-215-55-957-300 (not to exceed $49,900)

E. UPCOMING EVENTS

  1. VFW Picnic at Brundage Park Pavilion on Saturday, August 23rd from noon - 4 p.m.
  2. Morris County 9/11 Memorial and Candlelight Vigil Ceremony on West Hanover Ave. on Sunday, September 7th at 7 p.m.
  3. Kiwanis Park Ribbon Cutting on September 9th at 6:30 p.m.
  4. Randolph 9/11 Memorial at the VFW Post on Carrell Road on Thursday, September 11th at 11 a.m.
  5. Library Meeting Room and Renovation Dedication & Ribbon Cutting Ceremony on Saturday, September 20th at 11 a.m.
  6. Clean Communities Day on Saturday, September 27th at 9 a.m.
  7. Randolph Engine Company #5 Casino Night on Saturday, September 27th from 7:30 - 10:30 p.m.
  8. Country Fair on Saturday, October 11th, at Town Hall, 502 Millbrook Ave. from 10 a.m. - 5 p.m.

F. DISCUSSION ITEMS

There were no discussion items.

G. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that the Friends of the Library will be holding a book sale on the 2nd weekend of September. They will begin receiving donations on Sept. 2nd at the library during regular hours.

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

H. COUNCIL COMMENTS

Mayor Loveys asked the Council to consider if there was someone to nominate for the Michael A. Pane award at the NJ League of Municipalities convention. There will be more discussion at the September 4th meeting.

I. EXECUTIVE SESSION

There was no Executive Session.

J. ADJOURNMENT

Councilman Guadagno made a motion to adjourn the meeting at 5:35 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None