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

Minutes: August 2, 2012

A regular meeting of the Randolph Township Council was called to order at 5:45 p.m. by Mayor Guadagno. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2011, by emailing them the annual resolution adopted by the Council on December 1, 2011. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and in the Morris County Daily Record on December 8, 2011. The Notice of Time Change for tonight’s meeting was provided to the Daily Record on July 26, 2012 and advertised in the July 30, 2012 issue of the Daily Record.

PRESENT:
Councilman Loveys (via phone)
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

ABSENT:
Councilwoman Mitsch
Councilman Obremski

Also Present: Township Manager John Lovell, Township Attorney Edward Buzak, and Keli Gallo from the Law Office of Edward Buzak.

Mayor Guadagno led the Pledge of Allegiance.

EXECUTIVE SESSION

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

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

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

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

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

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

Councilman Napoliello made a motion to go into Executive Session at 5:50 p.m. Councilman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

Deputy Mayor MacArthur made a motion to return to Open Session at 7:20 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

Attorney Buzak asked the Council to consider introducing a motion to authorize the attorneys for the Township to proceed in accordance with the directions given by the Township Council in the Executive Session in the Lukavich matter.

Councilwoman Veech made a motion to authorize the Township attorneys to proceed in accordance with the directions given in the Executive Session regarding the Lukavich matter. Councilman Napoliello seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

Attorney Buzak also asked the Council to move to add to the Combined Action/Resolution agenda authorizing the settlement of certain commercial tax appeals involving Arrowgate Village, Quaker Village, and Canfield Mews.

Councilman Napoliello made a motion to add the commercial tax appeals involving Arrowgate Village, Quaker Village, and Canfield Mews to the Combined Action/Resolution agenda. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

Recognition of Alex Cohen for His Service on the Environment Commission and Community Service Advisory Committee

Manager Lovell presented Alex Cohen with a Randolph Township pin in recognition for his service.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road, expressed that she was not in favor of Item 11 on the agenda, the Zone Change Request. She felt that building an independent living facility without covered parking would be a big mistake. Mrs. Stewart also felt the location was too far to walk to shops and people would want to have their cars. She also felt that since there is already a plan on the books for age restricted housing at Kensington Square, there was no need for more age restricted housing.

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

MANAGER’S REPORT

Manager Lovell reported that the front of the library is now open. The Public Works building is open and the Board of Education and the Township crews are working very well together. The site plan at Public Works is under way and should be completed in a matter of weeks. The Manager thanked the Planning Board for approving the leaf facility be moved to the other side of the campus; it is currently located in an area that is within the wetlands buffer boundary. It is expected that the Sussex Turnpike repairs will take place in August. Manager Lovell also reported that contractors were going to begin the County project of resurfacing and repaving work on Schoolhouse Road and Center Grove Road. The Manager also mentioned the solar panel projects at CCM and the Board of Education. He credited the Board of Education for building the solar panels in an area where they aren’t visible. The Board of Education is also working this summer on the turf fields which will hopefully be done prior to the start of school. Manager Lovell reported that there had been a few elevated readings at Randolph Lake due to warm weather and goose droppings. He reported that lifeguards do beach cleanups; however, the geese move in every night. One improvement that will be looked into for next year is a water circulation system. There is a system set up between recreation and the health department that allows for the samples to be run very quickly. The current readings are nothing like the readings experienced last year, they are much lower readings, but the threshold level is understandably low.

Presentation: 2011 Audit—William Schroeder of Nisovoccia LLP—Resolution Adoption

Manager Lovell introduced Bill Schroeder, a lead auditor with Nisovoccia Associates who had completed this year’s audit. We are grateful to Mike Soccio for a job well done.

Mr. Schroeder explained the audit process. He reviewed with the Council the comments and recommendations for the 2011 audit. Mr. Schroeder summarized by stating the financial administration is doing an excellent job and the Township remains financially strong.

Councilwoman Veech made a motion to approve the 2011 Audit. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

2011 AUDIT

R-208-12

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 2011 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.

COMBINED ACTION—Also Adding xx

Manager Lovell noted the following information related to the Combined Action Items:

Item e.—Manager Lovell stated that he sits on the Randolph YMCA Board of Directors and there is a resolution with regard to MAC contracting for their operating the RAP program which is done every year. The Manager reported that he has nothing to do with those negotiations.
Item pp.—Jaman Engineering has got to undertake a Green Acres survey for the Heritage 55 properties.
Item qq.—Jaman Engineering, the Cushing Court drainage issue, the two homeowners have agreed to get paid for the easement that the pipe sits under which was installed back in the 1970s.
Item rr.—This is the Heritage 55 tract for which Jaman Engineering must do a Green Acres survey. These surveys will need to be completed because the lands will be used as diversion lands for the Seeing Eye properties.
Item tt.—Change Order #4 is the final Change Order for the sewer extension on Sussex Turnpike. There are a number of small items, but the large item there is additional rock and that was $23,000 of that cost.
Item uu.—This the Community Center/Library $7,577 Change Order for the data wiring necessary for that building which was not in the original specification.

The following items were discussed among the Manager and the Council members:

Q: Item c. Please clarify.
A: The spending plan still shows an appropriation of $300,000 for special needs housing. That number was based on incorrect information received from the former Assistant Director of Apartment and Community Affairs. A pledge of $250,000 will be paid into the trust, and will be matched by the State of NJ with an additional $250,000. The maximum value that is placed on the acquisition of the home is a $500,000 from Randolph, the remaining $50,000 is being held in advance.
Q: Item f. Where does the Municipal Alliance grant money go?
A: It will go to the MAC for programming on drug and alcohol prevention and education.
Q: Item ff. The authorization for Tilcon, what percentage have we used for our road resurfacing?
A: Approximately 90% on the road resurfacing, with the last remaining project on Radtke Road.
Q: Item rr. How far does the survey go?
A: There are two specific lots being surveyed, about 100 acres total. This is a major survey project to fix the old surveys in the area and to bring this up to Green Acre standards which is a roughly high standard and requires a number of monuments.
Q: Item tt. Why did they miss the excavation of the rock?
A: The consulting engineer who designed the project did boring tests for rock. The boring tests were inadequate and had more tests been conducted, they would have discovered there was more rock than anticipated. It was not the contractor’s error, it was a quantity based bid, and that quantity base was based upon the specification written by the consulting engineer.
Q: Item uu. Change Order #23 for the Community Center/Library, is it still under budget?
A: Yes

Councilwoman Veech made a motion to approve the Combined Action Items including Item xx Tax Appeals. Deputy Mayor MacArthur seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

a. Authorizing Acceptance of Documents related to the Ridge at Randolph—Deed of Access Easement, Conservation Easements Phases I and II and Release Toll NJ VI, L.P

R-209-12

WHEREAS, the Township has obtained Conservation Easements for Phases I and II, a Release of Part of Mortgaged Property, a Mortgagee Consent and Subordination Agreement and a Deed of Access Easement for the development known as the Ridge at Randolph; and

WHEREAS, the Township’s Special Development Counsel and Township’s Consulting Engineer have reviewed the above-referenced documents and find them to be acceptable as to form and description; and

WHEREAS, the Township wishes to accept the said documents in accordance with the conditions established by the Randolph Township Planning Board.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Randolph, in the County of Morris, and State of New Jersey, that the Conservation Easements for Phases I and II, the Release of Part of Mortgaged Property, the Mortgagee Consent and Subordination Agreement and the Deed of Access Easement are hereby accepted and the Township Clerk is hereby authorized to retain copies of the documents in her file.

This Resolution shall take effect immediately.

b. Authorizing Professional Services Agreement with Apruzzese, McDermott, Mastro and Murphy (Arthur Thibault, Jr., Esq.) for Legal Services in Connection with FOP Negotiations/Arbitration—August 1, 2012 through December 31, 2012—not to exceed $10,000

R-210-12

WHEREAS, the Township of Randolph (“Township”) requires legal services in connection with Police Collective Bargaining Contract Negotiations/Arbitration; and

WHEREAS, the Township has agreed to retain Apruzzese, McDermott, Mastro & Murphy (specifically Arthur R. Thibault, Jr., Esq. of the firm) located at Somerset Hills Corporate Center, 25 Independence Boulevard, Warren, NJ 07059 to provide the necessary legal services for a total amount not to exceed $10,000; and

WHEREAS, the contract with Apruzzese, McDermott, Mastro & Murphy is for a total amount not to exceed $10,000 and was not solicited through receipt of sealed bids or competitive contracting, 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, Apruzzese, McDermott, Mastro & Murphy submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Apruzzese, McDermott, Mastro & Murphy has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains Apruzzese, McDermott, Mastro & Murphy (specifically Arthur R. Thibault, Jr., Esq. of the firm) having an office at Somerset Hills Corporate Center, 25 Independence Boulevard, Warren, NJ 07059 to provide legal services in connection with Police Collective Bargaining Contract Negotiations/Arbitration.

2. Apruzzese, McDermott, Mastro & Murphy (specifically Arthur R. Thibault, Jr., Esq. of the firm) shall be compensated at the rate of $145 per hour for a total contract amount not to exceed $10,000.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 2, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the 2012 Budget, Legal, Other Expense, to award a contract to Apruzzese, McDermott, Mastro & Murphy for Legal Services in Connection with Police Collective Bargaining Contract Negotiations/Arbitration in the amount not to exceed $10,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-302

c. Allocating Money from Municipal Housing Trust Fund to the Special Needs Partnership

R-211-12

WHEREAS, the Governing Body of the Township of Randolph, Morris County has approval to establish and administer an Affordable Housing Trust Fund (AHTF) that includes development fees, payments from developers in lieu of constructing affordable units on-site, barrier free escrow funds, rental income, repayments from affordable housing program loans, recapture funds, proceeds from the sale of affordable units; and

WHEREAS, on December 1, 2011, the Governing Body of the Township of Randolph, Morris County adopted a Resolution allocating $300,000 from its AHTF to the Special Needs Partnership (SNP) established through the Department of Human Services (DHS) and the New Jersey Housing Mortgage and Finance Agency (HMFA), to provide funding for the acquisition and rehabilitation of special needs housing within the Township of Randolph; and

WHEREAS, the December 1, 2011 Resolution also authorized the Township of Randolph, Morris County to enter in a Memorandum of Understanding with DHS and HMFA to coordinate the efforts of the parties to create appropriate housing for individuals with developmental disabilities in the community through the purchase and conversion of existing residential properties within the Township of Randolph; and

WHEREAS, a Memorandum of Understanding was prepared and executed by the Township of Randolph and forwarded to DHS and HMFA for review and execution; and

WHEREAS, on July 3, 2012, the New Jersey Council on Affordable Housing (COAH) adopted a Resolution approving the Township of Randolph’s Spending Plan, including the allocation of $300,000 from the AHTF to the SNP; and

WHEREAS, DHS and HMFA have requested changes to the Memorandum of Understanding including revising the amount to be contributed by the Township from $300,000 to $250,000; and

WHEREAS, the Township of Randolph wishes to enter in the revised Memorandum of Understanding which incorporates the changes requested by the DHS and HMFA.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Randolph, Morris County hereby reallocates $250,000 for use by the Special Needs Partnership.

MAY IT FURTHER BE RESOLVED THAT that the Governing Body of the Township of Randolph, Morris County hereby authorizes the Mayor on behalf of the Township Council to execute the revised Memorandum of Understanding with HMFA and DHS on behalf of the municipality.

d. Authorizing Township to Conduct State Mandated Inspections of Hotels, and Multiple Dwellings for a Reimbursement Rate of $500.00.

R-212-12

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 2013; and

WHEREAS, the State agrees to pay the Township a sum of $500.00 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.

e. Authorize Mayor to Sign Agreement between West Morris YMCA and MAC for the Rap Program

R-213-12

WHEREAS, there is a need to enter into a contract between the West Morris YMCA and MAC for the Rap Program.

WHEREAS, the contract becomes effective September 15, 2012; and

WHEREAS, both parties agree to the terms of this contract; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract between the West Morris YMCA and MAC.

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

f. Authorizing Submission for Municipal Alliance Grant in the Amount of $16,805.00 for 2013 for Support of Governor’s Council on Alcoholism and Drug Abuse

R-214-12

WHEREAS, the Township of Randolph, County of Morris, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society among persons of all ages; and,

WHEREAS, the Township of Randolph further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,

WHEREAS, the Township of Randolph has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Morris;

NOW, THEREFORE, BE IT RESOLVED by the Township of Randolph, County of Morris, State of New Jersey herby recognizes the following:

1. The Township of Randolph does hereby authorize submission of an application for the Municipal Alliance grant for calendar year 2013 in the amount of $16, 805.00.

2. The Township of Randolph acknowledges, the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

g. Release Road Opening Cash Bond for 3 Timber Lane to B&N&K—$500.00

R-215-12

WHEREAS, the Engineering Department has received a request from B&N&K Restoration Co., Inc. for the release of a $500.00 cash road opening bond posted for the purpose of a tie-in of footing drain to storm drain at 3 Timber Lane, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 5, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the tie-in of footing drain to storm drain at 3 Timber 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 B&N&K Restoration Co., Inc., 223 Randolph Ave., Clifton, NJ 07011.

h. Release Road Opening Cash Bond for 4 Elm Place to James Gill—$500.00

R-216-12

WHEREAS, the Engineering Department has received a request from James Gill for the release of a $500.00 cash road opening bond posted for the purpose of replacing the existing driveway and border at 4 Elm Place, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 2, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacement of the existing driveway and border at 4 Elm Place within the Township Right of way, and;

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

i. Refund Outside Tax Sale for 40 Hill Street to Plymouth Park Tax Service—$32,977.12

R-217-12

WHEREAS, Outside Tax Sale Certificate #1881 held by Plymouth Park Tax Service, assessed to Chris/Dina D’Andrea, Block 142, Lot 42, 40 Hill Street; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $27,977.12, and premium in the amount of $5,000.00.

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 $32,977.12 to Plymouth Park Tax Service, LLC holder of Tax Sale Certificate #1881.

j. Refund Outside Tax Sale for 3 Butternut Road to Kamasa, LLC—$3,052.93

R-218-12

WHEREAS, Outside Tax Sale Certificate #1849 held by Kamasa, LLC, assessed to Lawrence Watson, Block 207, Lot 2, 3 Butternut Road; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $2,052.93, and premium in the amount of $1,000.00.

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 $3,052.93 to Kamasa, LLC holder of Tax Sale Certificate #1849.

k. Refund Overpayment of 2012 Taxes for 10 Robin Drive to Thomas/Maryann Franco—$2,847.44

R-219-12

WHEREAS, Thomas/Maryann Franco overpaid 2012 taxes in the amount of $2,847.44 on Block 112 Lot 26, 10 Robin Drive; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,847.44 to Thomas/Maryann Franco.

l. Refund Registration for Day Camp to Dimitra Stavros—$685.00

R-220-12

WHEREAS, Dimitra Stavros registered their child, Nicolette Young for Day Camp and paid a fee of $785.00; whereas balance of the fees were received from two donors and

WHEREAS, her child received will not be attending camp due to an unforeseen family obligation,

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 $685.00 be refunded to Dimitra Stavros, 145 Arrowgate Drive, Randolph, NJ 07869.

m. Refund Overpayment of Taxes for Years 2008, 2009 & 2010 for Block 198, Lot 4 to Plaza Ten East—$49,356.99

R-221-12

WHEREAS, Plaza Ten East, LLC has been granted a reduction in assessed valuation for the tax years 2008, 2009 & 2010 by the Tax Court of New Jersey on Block 198, Lot 4, known as 81 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2008 in the amount of $14,193.97, 2009 in the amount of $15,283.84 and 2010 in the amount of $19,879.18.

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $49,356.99 to Plaza Ten East.

n. Refund Overpayment of Taxes for Years 2009, 2010 & 2011 for 675 Route 10 to Planet Randolph—$31,234.13

R-222-12

WHEREAS, Planet Randolph has been granted a reduction in assessed valuation for the tax years 2009, 2010 & 2011 by the Tax Court of New Jersey on Block 81, Lot 6, known as 675 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $10,032.74 2010 in the amount of $10,403.85 and 2011 in the amount of $10,797.54.

WHEREAS, it is recommended by the Tax Collector that these overpayments be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $31,234.13 to Planet Randolph.

o. Refund Overpayment of Taxes for Years 2010 & 2011 for 4 Ardsley Court to Peter/Janet O’Neill—$6,570.00

R-223-12

WHEREAS, Peter/Janet O’Neill has been granted a reduction in assessed valuation for the tax years 2010 & 2011, by the Tax Court of New Jersey on Block 86, Lot 58.03, known as 4 Ardsley Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $3,224.00, 2011 in the amount of $3,346.00.

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $6,570.00 to Peter/Janet O’Neill.

p. Refund Overpayment of Taxes for 2010 for 4 Devonshire Drive to Stanley Cecala—$2,311.61

R-224-12

WHEREAS, Stanley Cecala has been granted a reduction in assessed valuation for the tax year 2010 by the Tax Court of New Jersey on Block 93.03, Lot 6, known as 4 Devonshire Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $2,311.61.

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,311.61 to Stanley Cecala.

q. Refund Overpayment of Taxes for 2011 for 1275 Sussex Tpke. to MLR Holdings, LLC—$37,605.69

R-225-12

WHEREAS, MLR Holdings LLC has been granted a reduction in assessed valuation for the tax year 2011 by the Tax Court of New Jersey on Block 86, Lot 63, known as 1275 Sussex Tpke.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $37,605.69.

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $37,605.69 to MLR Holdings, LLC.

r. Refund Escrow Funds for Police Detail to Pace, Inc—$249.77 and SA & Sons Construction $852.00

R-226-12

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:

PACE, Inc. $249.77
SA & Sons Construction $852.00

s. Release Road Opening Cash Bond for Extending an Existing Driveway at 4 Fairway to Melanie Gerace—$500.00

R-227-12

WHEREAS, the Engineering Department has received a request from Melanie Gerace for the release of a $500.00 cash road opening bond posted for the purpose of extending the existing driveway at 4 Fairway, 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, 2011 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the extension of the existing driveway at 4 Fairway within the Township Right of way, and;

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

t. Release Road Opening Cash Bond for Widening & Replacing of Driveway at 30 Concord Rd. to Rich Schwalm—$500.00

R-228-12

WHEREAS, the Engineering Department has received a request from Rich Schwalm for the release of a $500.00 cash road opening bond posted for the purpose of widening and replacing of driveway at 30 Concord Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Apr. 24, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the widening and replacing of driveway at 30 Concord Rd. within the Township Right of way, and;

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

u. Release Road Opening Cash Bond for Replacing Existing Driveway at 41 Quail Run—$500.00

R-229-12

WHEREAS, the Engineering Department has received a request from Lori Wilson for the release of a $500.00 cash road opening bond posted for the purpose of replacing the existing driveway at 41 Quail Run, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 2, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacement of the existing driveway at 41 Quail Run within the Township Right of way, and;

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

v. Refund Outside Tax Sale Certificate for 989 Route 10 to US Bank—$29,294.23

R-230-12

WHEREAS, Outside Tax Sale Certificate #1927 held by US Bank for Pro Capital, assessed to 989 Route 10 LLC, Block 44, Lot 56, 989 Route 10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $29,294.23.

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 $29,294.23 to US Bank for Pro Capital, holder of Tax Sale Certificate #1927.

w. Canceling Tax Sale Certificate for 989 Route 10, LLC—$138,895.48

R-231-12

WHEREAS, Tax Sale Certificate #1926, held by Township of Randolph, assessed to 989 Route 10, LLC, Block 44, Lot 1, 989 Route 10; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $138,895.48.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel Tax Sale Certificate #1926.

x. Refund Overpayment of 2012 Taxes for 54 Ironia Road Due to Veteran Exempt Status—$2,773.00

R-232-12

WHEREAS, Brian/Diana Rogers has overpaid 2012 taxes by reason of tax exempt Veteran in the amount of $2,773.00 on Block 38, Lot 5, 54 Ironia Road; and

WHEREAS, it is recommended by the Tax Collector that this overpayment be refunded at this time.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,773.00 to Brain/Diana Rogers.

y. Refund Four (4) Road Opening Cash Bonds Which Were Deposited to Sal Campo for $1,000.00

R-233-12

WHEREAS, the Engineering Department received a request from SJC Builders for the release of the following road opening cash bond which were deposited in the Trust Account with the Finance Department:

August 9, 1999	Road Opening	$250.00
November 11, 2000	Road Opening	$250.00
March 3, 2005	Road Opening	$250.00
June 15, 2005	Road Opening	$250.00

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 and Water & Sewer Director, that the cash bonds in the total amount of $1,000.00, be refunded to SJC Builders, 1360 Sussex Turnpike, Randolph, New Jersey 07869.

z. Release Maintenance Guarantee for Public Improvements for Heritage Village XIV—Trout Brook to SJC Builders $21,035.44

R-234-12

WHEREAS, a cash bond in the amount of $21,035.44 was posted by SJC Builders, with the Finance Department, (Account No. 23185), on February 8, 2001,to serve as the Maintenance Guarantee for the public improvements; and

WHEREAS, the public improvements have been inspected and no additional maintenance is required; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years following the acceptance of the Maintenance Guarantee; and

WHEREAS, the Maintenance Guarantee was accepted in 2001 and it is recommended by the Engineering Administrator that the Maintenance Guarantee be released.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that Maintenance Cash Bond in the amount of $21,035.44, plus accrued interest, be released to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

aa. Release Maintenance Guarantee for Public Improvements for Heritage Village XII—Block 93, Lots 47.01 and 57 to SJC Builders—$21,035.44

R-235-12

WHEREAS, a cash bond in the amount of $10,478.82 was posted by SJC Builders, with the Finance Department, (Account No. 23181), on November 14, 2000, to serve as the Maintenance Guarantee for the public improvements; and

WHEREAS, the public improvements have been inspected and no additional maintenance is required; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years following the acceptance of the Maintenance Guarantee; and

WHEREAS, the Maintenance Guarantee was accepted in 2001 and it is recommended by the Engineering Administrator that the Maintenance Guarantee be released.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that Maintenance Cash Bond in the amount of $10,478.82, plus accrued interest, be released to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

bb. Release of Maintenance Guarantee for Public Improvements at Heritage Village XVII at Block 53, Lot 56—Matthew Ct (part 1) $8,987.62

R-236-12

WHEREAS, a cash bond in the amount of $8,987.62, was posted by SJC Builders and deposited with the Finance Department, (Acct. 28757), on December 12, 2003, to serve as the Maintenance Guarantee for the public improvements; and

WHEREAS, the public improvements have been inspected and no additional maintenance is required; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years following the acceptance of the Maintenance Guarantee; and

WHEREAS, the Maintenance Guarantee was accepted in 2003 and it is recommended by the Township Engineer that the Maintenance Guarantee be released.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that Maintenance Cash Bond in the amount of $8,987.62, plus accrued interest, be released to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

cc. Release of Maintenance Guarantee for Public Improvements at Heritage Village XVII at Block 53, Lot 56—Matthew Ct (part 2) $2,247.90

R-237-12

WHEREAS, a cash bond in the amount of $2,247.90, was posted by SJC Builders and deposited with the Finance Department in the Trust Account on December 17, 2007, to serve as the Maintenance Guarantee for the public improvements; and

WHEREAS, the public improvements have been inspected and no additional maintenance is required; and

WHEREAS, the term of the Maintenance Guarantee is for a period of two years following the acceptance of the Maintenance Guarantee; and

WHEREAS, the Maintenance Guarantee was accepted in 2003 and it is recommended by the Township Engineer that the Maintenance Guarantee be released.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that Maintenance Cash Bond in the amount of $2,247.90, plus accrued interest, be released to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

dd. Release of Two (2) Cash Stabilization Bonds to SJC Builders for $2,100.00

R-238-12

WHEREAS, the Engineering Department has received a request from SJC Builders for the release of the two cash lawn stabilization bonds; and

WHEREAS, the stabilization bonds consisted of:

Cash Bond - Trust Account	$900.00	Deposited: 12/10/1997
Cash Bond - Trust Account	$1,200.00	Deposited: 02/06/2002

; and

WHEREAS, the applicant was required to post the cash bonds to guarantee the lawn installations; and

WHEREAS, the Engineering Department has inspected the grading 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 Ralph Carchia, Engineering Administrator, that the cash stabilization bonds in the total amount of $2,100.00 be refunded to SJC Builders, 1360 Sussex Turnpike, Randolph, NJ 07869.

ee. Release of Cash Retainage Guarantee—Vollers Excavating and Construction, Inc.—Resurfacing and Milling Improvements—$5,736.86

R-239-12

WHEREAS, a cash retainage guarantee in the amount of $5,736.86 was withheld from the original contract amount of $286,842.92 to serve as the required 2% contract retainage; and

WHEREAS, the resurfacing and milling improvements for Carrell Road have been inspected and no additional maintenance is required; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph that cash retainage guarantee in the amount of $5,736.86, plus accrued interest, be released to 3311 US Highway 22, North Branch, NJ 08876.

ff. Authorizing a Purchase from Tilcon New York, Inc. through Morris County Cooperative Pricing Council for Asphalt Resurfacing—not to exceed $72,000.00

R-240-12

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

WHEREAS, the Township wishes to award a contract this year to Tilcon New York Inc. through the Morris County Cooperative Pricing Council for the paving of the DPW Parking Lot;

WHEREAS, these purchases should not exceed $72,000.00; and

WHEREAS, funds are available for this purpose.

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

gg. Release of Road Opening Cash Bond for 156 Quaker Church Road to Sheri Burkat—$500.00

R-241-12

WHEREAS, the Engineering Department has received a request from Sheri Burkat for the release of a $500.00 cash road opening bond posted for the purpose of repaving of driveway at 156 Quaker Church Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 7, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of driveway at 156 Quaker Church Rd. 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 Sheri Burkat, 156 Quaker Church Rd., Randolph, NJ 07869.

hh. Release of Road Opening Cash Bond for 10 Cherry Lane to Patrick Reed—$500.00

R-242-12

WHEREAS, the Engineering Department has received a request from Patrick Reed for the release of a $500.00 cash road opening bond posted for the purpose of widening and replacing of driveway at 10 Cherry Lane, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 25, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the widening and replacing of driveway at 10 Cherry Lane within the Township Right of way, and;

WHEREAS, the Engineering Department has inspected the road opening work, and found it to be acceptable.

ii. Refund Registration Fee for Brundage Park Summer Stages to Anne Levene—$325.00

R-243-12

WHEREAS, Jordan Levene registered her daughter for Brundage Park Summer Stages and paid the fee of $350.00; and

WHEREAS, her daughter will not be attending Brundage Park Summer Stages due to a family conflict.

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 John Van Brunt, Director of Parks, Recreation and Community Services that $325.00 be refunded to Anne Levene, 3 Wooded Hill Lane, Randolph, NJ 07869.

jj. Rejecting Bids for Towing Services from Napoli Transportation (C&L Towing) and Tony’s Towing & Recovery

R-244-12

WHEREAS, the Township of Randolph advertised for Towing Services and received bids on July 18, 2012; and

WHEREAS, 2 bids were received; and

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

Napoli Transportation t/a C&L Towing, Kenvil, NJ
Basic Towing - Days, Flat Rate: $40.00
Basic Towing - Night, Flat Rate: $50.00
Storage Services - Daily Rate: $25.00

Tony’s Towing & Recovery, Inc., Dover, NJ
Basic Towing - Days, Flat Rate: $125.00
Basic Towing - Night, Flat Rate: $125.00
Storage Services - Daily Rate: $45.00; and

WHEREAS, the bid from Napoli Transportation t/a C&L Towing did not include the mandatory vehicle listing and photographs, and driver listing and information thus making it a mandatory reject; and,

WHEREAS, the bid from Tony’s Towing & Recovery, Inc. did not include the required Consent of Surety thus making it a mandatory reject also.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that both bids for the Towing Services bid be rejected.

kk. Rescinding MCCPC Award of Contract 20B (Sporting Goods), Item 21 in Category C from Aluminum Athletic and Re-awarding to Low Bidder Winning Teams for Lacrosse Equipment

R-245-12

WHEREAS, on June 28, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #20-B (Sporting Goods) to various vendors submitting low bids for each line item; and

WHEREAS, Item 21 in Category C (Lacrosse Equipment) was awarded to Aluminum Athletic as the apparent low bidder; and

WHEREAS, it was later determined that Winning Teams was the actual low bidder for Item 21 in Category C (Lacrosse Equipment); and

WHEREAS, it is in the best interest of the MCCPC to rescind the award of Item 21 in Category C (Lacrosse Equipment) from Aluminum Athletics and re-award Item 21 in Category C (Lacrosse Equipment) to Winning Teams.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC that Item 21 in Category C of Contract 20-B (Sporting Goods) be rescinded and re-awarded as specified above.

ll. Rescinding MCCPC Portion of Contract 3 (Rock Salt & Liquid Calcium Chloride) from IceLess, LLC

R-246-12

WHEREAS, on June 7, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Category VI (Natural De-Icing Liquid) of Contract #3 (Rock Salt & Liquid Calcium Chloride) to IceLess, LLC, the apparent low bidder for that category; and

WHEREAS, the award of that item was challenged as the product being offered by IceLess is not EPA certified; and

WHEREAS, the bid specifications for Contract #3 (Rock Salt & Liquid Calcium Chloride) require that the product provided for Category VI (Natural De-Icing Liquid) be EPA certified; and

WHEREAS, a request was made to IceLess to verify that the product they are providing is EPA certified; and

WHEREAS, IceLess notified the MCCPC that the product they would be providing is not EPA certified; and

WHEREAS, it is recommended at this time that the award of Category VI (Natural De-Icing Liquid) of Contract #3 (Rock Salt & Liquid Calcium Chloride) be rescinded from IceLess, LLC, as their bid was non-responsive to the bid specifications.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC rescind the award of Category VI (Natural De-Icing Liquid) of Contract #3 (Rock Salt & Liquid Calcium Chloride) from IceLess, LLC.

mm. Refund Escrow for 924 Rte. 10 West to Seidner Dentistry—$804.25

R-247-12

WHEREAS, the Planning and Zoning Department received escrow funds From Seidner Dentistry & Associates, 924 Route 10 West, Randolph, NJ, 07869, Block 42, Lot 116, and in the amount of $1,000.00 and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $804.25, be refunded to Seidner Dentistry, 924 Route 10, Randolph, NJ, 07869.

___________________
Darren Carney, Planning & Zoning Administrator

nn. Authorize Payment of $700 in Settlement of Wolosky v Randolph

R-248-12

WHEREAS, the Township authorized payment of fees in the negotiations regarding legal billing for the Wolosky claim on June 28, 2012.

WHEREAS, a settlement amount of $700.00 has been agreed upon; and

WHEREAS, upon that payment, the complainant will withdraw or dismiss his complaint, which will conclude the matter.

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 John Lovell, Township Manager that the Township remit the payment of $700.00 to The Law Office of Walter M. Luers, 105 Belvidere Avenue, Oxford, NJ 07863.

oo. Amending Professional Services Agreement with Knapp, Trimboli & Prusinowski for Legal Services—not to exceed $35,000

R-249-12

WHEREAS, the Mayor and Council of the Township of Randolph (“Township”) authorized the Township to enter into a contract with Knapp, Trimboli & Prusinowski, LLC for legal services for labor and negotiations for an amount not to exceed $10,000 via resolution R 28-12; and

WHEREAS, legal services for labor and negotiations have already exceeded $10,000 and more legal services for labor and negotiations are anticipated before year’s end; and

WHEREAS, Fredric M. Knapp was the partner assigned to handle these maters but has since been nominated to be Morris County’s Prosecutor, thus requiring him to suspend his work with the Township; and

WHEREAS, James T. Prusinowski will be replacing Fredric Knapp in the Lukavich vs. Randolph matter; and

WHEREAS, Stephen E. Trimboli will be replacing Fredric Knapp in all other non police-related personnel matters; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 amends the contract to Knapp, Trimboli & Prusinowski, LLC by increasing the dollar amount from $10,000 to $35,000 for services rendered/to be rendered for the remainder of the year.

2. Knapp, Trimboli & Prusinowski, LLC shall be compensated at the rate of $145 per hour.

3. James T. Prusinowski will replace Fredric M. Knapp in the Lukavich vs. Randolph matter.

4. Stephen E. Trimboli will replace Fredric M. Knapp in all other non police-related personnel matters.

5. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 2, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the 2012 Budget, Legal, Other Expense, to amend a award of a contract to Knapp, Trimboli & Prusinowski for Legal Services for Labor and Negotiations in the amount not to exceed $25,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-155-302

pp. Authorizing the Award of a Professional Services Agreement with Jaman Engineering for Surveying Services in Connection with Open Space Property of Block 49, Lot 2—not to exceed $20,500 (Heritage 55)

R-250-12

WHEREAS, the Township of Randolph (“Township”) requires Surveying services in connection with an Open Space Property Survey of Block 49, Lot 2; and

WHEREAS, the Township has agreed to retain Jaman Engineering Associates located at 320 Route 10 West, Randolph, NJ 07869 to provide the necessary Surveying services as specifically outlined in the June 21, 2012 Proposal submitted by Steven I. Smith, P.P., P.L.S. for a total amount not to exceed $20,500; and

WHEREAS, the contract with Jaman Engineering Associates is for a total amount not to exceed $20,500 and was not solicited through receipt of sealed bids or competitive contracting, 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, Jaman Engineering Associates submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Jaman Engineering Associates has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains Jaman Engineering Associates having an office at 320 Route 10 West, Randolph, NJ 07869 to provide Surveying services in connection with an Open Space Property Survey of Block 49, Lot 2 as detailed in the June 21, 2012 Proposal submitted by Steven I. Smith, P.P., P.L.S.

2. Jaman Engineering Associates shall be compensated at the rates as provided in the Proposal for a total contract amount not to exceed $20,500.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

5. The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 2, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #22-00, Acquisition of Land for Open Space, to award a contract to Jaman Engineering Associates for Surveying Services in Connection with an Open Space Property Survey of Block 49, Lot 2 in the amount not to exceed $20,500.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-903-300

qq. Authorizing the Award of a Professional Services Agreement with Jaman Engineering for Surveying Services in Connection with Drainage Easements for Block 168, Lots 66 & 67—not to exceed $2,100 (Cushing Court)

R-251-12

WHEREAS, the Township of Randolph (“Township”) requires Surveying services in connection with Drainage easements for Block 168, Lots 66 and 67, Cushing Court/Mohawk Lane; and

WHEREAS, the Township has agreed to retain Jaman Engineering Associates located at 320 Route 10 West, Randolph, NJ 07869 to provide the necessary Surveying services as specifically outlined in the July 30, 2012 Proposal submitted by Steven I. Smith, P.P., P.L.S. for a total amount not to exceed $2,100; and

WHEREAS, the contract with Jaman Engineering Associates is for a total amount not to exceed $2,100 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, Jaman Engineering Associates has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains Jaman Engineering Associates having an office at 320 Route 10 West, Randolph, NJ 07869 to provide Surveying services in connection with Drainage easements for Block 168, Lots 66 and 67, Cushing Court/Mohawk Lane as detailed in the July 30, 2012 Proposal submitted by Steven I. Smith, P.P., P.L.S.

2. Jaman Engineering Associates shall be compensated at the rates as provided in the Proposal for a total contract amount not to exceed $2,100.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 2, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #11-11, Stormwater Repairs, to award a contract to Jaman Engineering Associates for Surveying Services in Connection with Drainage Easements for Block 168, Lots 66 and 67, Cushing Court/Mohawk Lane in the amount not to exceed $2,100.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-927-300

rr. Authorizing the Award of Professional Services Agreement with Jaman Engineering for Surveying Services in Connection with Open Space Property at Block 49, Lot 3—not to exceed $23,500. (Heritage 55)

R-252-12

WHEREAS, the Township of Randolph (“Township”) requires Surveying services in connection with an Open Space Property Survey of Block 49, Lot 3; and

WHEREAS, the contract with Jaman Engineering Associates is for a total amount not to exceed $23,500 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, Jaman Engineering Associates has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services; and

WHEREAS, said professional services may be retained without competitive bidding pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

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 hires, employs and retains Jaman Engineering Associates having an office at 320 Route 10 West, Randolph, NJ 07869 to provide Surveying services in connection with an Open Space Property Survey of Block 49, Lot 3 as detailed in the June 21, 2012 Proposal submitted by Steven I. Smith, P.P., P.L.S.

2. Jaman Engineering Associates shall be compensated at the rates as provided in the Proposal for a total contract amount not to exceed $23,500.

3. The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.

4. The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

6. It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 2, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #22-00, Acquisition of Land for Open Space, to award a contract to Jaman Engineering Associates for Surveying Services in Connection with an Open Space Property Survey of Block 49, Lot 3 in the amount not to exceed $23,500.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-903-300

ss. Authorizing Purchases from Storr Tractor Company thru Middlesex Regional Educational Services Commission for Grounds Equipment

R-253-12

WHEREAS, the Township of Randolph utilizes the Middlesex Regional Educational Services Commission (MRESC) Contract #MRESC 10/11-16 for Grounds Equipment; and

WHEREAS, the Township wishes to award a contract this year to Storr Tractor Company through the MRESC for various items of grounds equipment (Toro Groundsmaster 7210, Toro Groundsmaster 3280D, Toro Universal Sunshade Kit, Toro Workman HDX and Toro 4 Post ROPS with Canopy); and

WHEREAS, Toro has indicated they will give the Township $3,800 as the trade-in value for the Township’s Toro GM300 Rotary Broom; and

WHEREAS, these purchases should not exceed $56,000.00 after deduction of the trade-in value for the rotary broom; and

WHEREAS, funds are available for this purpose.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Storr Tractor Company of Branchburg, NJ through the Middlesex Regional Educational Services Commission Contract #MRESC 10/11-16 for Grounds Equipment and to trade-in the Township’s Toro GM300 Rotary Broom.

tt. Authorizing Change Order #4 for the Sewer Extension on Sussex Turnpike to P.M. Construction Corp for $57,883 for a Total Contract of—$756,644.42

R-254-12

WHEREAS, the original contract with P.M. Construction Corp. is $653,480; and

WHEREAS, change orders #1 - #3 were previously approved and resulted in a increase to the original contract in the amount of $57,883.; and

WHEREAS, it is recommended by the Township Engineer that Change Order #4 in the amount of $45,281.42 be approved; and

WHEREAS, the revised contract with P.M. Construction Corp. including all change orders is $756,644.42.

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 amended.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 2, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #11-10, Mt Freedom/Sussex Sewer Extension, to amend the contract with PM Construction for Change Order #4 in the amount not to exceed $45,281.42.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 08-215-55-903-301

uu. Authorizing Change Order #23 for the Community Center/Library by ML . Inc. for $7,577.26 for a Total Contract of $2,413,162.80.

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WHEREAS, the original contact with ML Inc. is $2,214,000; and

WHEREAS, Change Orders #1-20 were previously approved and resulted in a increase of $191,585.54; and

WHEREAS, it is recommended that the following Change Order be approved:

Change Order #21—New sign foundation platform—Rejected.

Change Order #22—Approx. 30 linear feet of 3-line aluminum handrail—Rejected.

Change Order #23—Data Wiring for an increase of $7,577.26

WHEREAS, the revised contract with ML Inc., including all change orders is $2,413,162.80.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the above change orders be approved and the contract be amended.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: August 2, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #2-10, Community Center/Library/VFW Renovations, to amend the contract with ML Inc. for Change Order #23 in the amount not to exceed $7,577.26.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-927-300

vv. Raffle License, Tricky Tray, Friends of Randolph Animal Pound, Inc., on October 6, 2012, at the Country Fair, 502 Millbrook Ave, Randolph, NJ from 10:00 a.m. to 4:00 p.m.

ww. Raffle License, Off-Premise 50/50, Randolph PTO Council, on December 10, 2012, at 25 Schoolhouse Lane, Randolph, NJ, at 10:00 a.m.

xx. Tax Appeals—Arrowgate Village/Quaker Village (Add-on from Executive)

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

PROPERTY OWNER	BLOCK	LOT	ADDRESS
Arrowgate Village	42	122.03	930 Route 10
Quaker Village, L.P.	77	33	312 Quaker Church Road

; and

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

WHEREAS, the property owner and the Township of Randolph have further agreed that the refund resulting from the settlement shall be made within sixty (60) days of the date of entry of Judgment by the Tax Court of New Jersey; and

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

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

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

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

PROPERTY OWNER	YEAR	ORIGINAL ASSESSMENT	PROPOSED SETTLEMENT
Arrowgate Village	2009	$2,052,000	$2,052,000
Arrowgate Village	2010	$2,052,000	$1,952,000
Arrowgate Village	2011	$2,052,000	$1,952,000
Arrowgate Village	2012	$2,052,000	$1,850,000
Quaker Village, L.P.	2009	$6,600,000	$6,600,000
Quaker Village, L.P.	2010	$6,600,000	$6,600,000
Quaker Village, L.P.	2011	$6,600,000	$6,500,000
Quaker Village, L.P.	2012	$6,600,000	$6,500,000

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

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

yy. Refund Registration Fee for Teen Camp to Celinda Guillermo $815.00

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WHEREAS, Celinda Guillermo registered her child, Sebastian for Teen Camp and paid a fee of $915.00;

WHEREAS, her child will not be attending camp due to an unforeseen family emergency;

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 $815.00 be refunded to Celinda Guillermo, 201 Millbrook Ave., Randolph, NJ 07869.

zz. Refund Registration for Advanced Performers Workshop to April Tomaino—$550.00

R-258-12

WHEREAS, April Tomaino registered her child for 2012 Advanced Performers Workshop and paid the fee of $550.00; and

WHEREAS, her daughter will not be attending the 2012 Advanced Performers Workshop program due to a conflict.

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 $550.00 be refunded to April Tomaino, 6 Forrest Rd., Randolph, NJ 07869.

ORDINANCES

A. Second Reading and Public Hearing

(1) Ordinance #16-12: Wildlife Ordinance

Councilman Loveys updated the Council members and the Manager on the latest information related to the deer hunt. He reported that Manager Lovell prepared a draft that summarizes the last several meetings and indicates the direction the 2012/2013 hunting season is headed. Resident Sue Grassmeyer is managing the recently developed email address, .(JavaScript must be enabled to view this e-mail address) for the public to ask questions or coordinate a private hunt. Councilman Loveys explained the various areas in town and how the hunt would progress. He reported that several hunters were put in charge of certain areas and each would determine, based on the actual size and the layout of the properties, the number of hunters required and will then report to the Township and to the Police Department. The number of local access permits issued will be increased to nearly 75. Councilman Loveys reported that some restrictions will be enacted that were not previously in place such as a hunter must take two antlerless deer before he takes a buck.

Councilwoman Veech suggested that someone take pictures of the understory each year in the same location in order to benchmark the effectiveness of the hunt.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE XVII ESTABLISHING THE WILDLIFE MANAGEMENT ADVISORY COMMITTEE” be read by title on second reading and a hearing held thereon.

Manager Lovell reported that the Wildlife Management Advisory Committee will have five general members, with one alternate member; one member from the advisory Parks Committee, one member from the Township Council, and the Township Manager or his/her designee. Once adopted, this Ordinance takes effect January 1st. The Manager suggested that the Council could begin selecting the members and trying to get the committee pulled together by November so they can begin doing some preliminary work in order to begin promptly on January 1st. Manager Lovell expressed his gratitude to the members of the committee, the volunteers, and the three Council members who participated in that process, Joanne Veech, Jim Loveys, and Tom MacArthur. He also acknowledged the efforts of resident Sue Grassmeyer.

OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Rd. suggested surveying the number of deer killed in one season and the number of fawns born the following year. From that data, it could be determined whether the hunt is effective. Mrs. Stewart supported the proposed ordinance.

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 10, BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, BY THE ADDITION OF ARTICLE XVII ESTABLISHING THE WILDLIFE MANAGEMENT ADVISORY COMMITTEE” be passed on final reading and that the Notice of Final passage of said Ordinance be published in the official designated newspaper according to law.

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

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

DISCUSSION ITEMS

Manager Lovell reported that the Planning Board approved the concept of the project proposed by The Shelter Group. They will come before the Township Council at a future meeting for a zone change ordinance. Seeing no one from the public, the public portion was closed.

COUNCIL COMMENTS

Councilman Loveys reported that at the last parks meeting there was discussion about the football recreation boosters wanting to expand the patio off the main pavilion at Freedom Park and he asked if the Manager was aware of their idea.

Manager Lovell stated that he would talk to Russ Newman and, if needed, the booster club to have them get an architectural depiction of their proposal.

Deputy Mayor MacArthur asked if the monthly reports were still being prepared and distributed since he had not gotten one recently.

Manager Lovell stated that they are still being prepared and he would facilitate getting them out to the Council.

Councilwoman Veech reported that she spoke to the General Manager of LA Fitness and said that if he wanted to hold a grand opening, she would ask the Mayor and Council to attend to help cut the ribbon. Councilwoman Veech also reported that she met with Dr. Yaw from County College. The solar panels are woefully behind in getting constructed and he had mentioned that if the project was not finished, it would have to be continued next summer; he is going to stop the project at the end of August. There was also discussion about the inspections and closing on the property on Route 10 as well as the safety upgrades to the Route 10 intersections. Councilwoman Veech reported that there is a Trustee meeting on August 15th but she was unable to attend. Mayor Guadagno stated that he could attend in her place.

Manager Lovell noted that Donna sent the Swiftreach letter to the residents. There will be a drill in September and the residents will be notified prior. He also stated that the tablets will be coming in soon and there will be training seminars set up for those who would like to attend.

ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 9:20 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilman Obremski

___________________________
Donna Marie Luciani
Township Clerk