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: February 16, 2017

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Carey. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 2, 2016 by emailing them the annual resolution adopted by the Council on December 1, 2016. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on December 8, 2016, and the Daily Record on December 6, 2016.

2. Roll Call

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

ABSENT:
Councilman Guadagno
Councilman Tkacs

Also present: Township Manager Mountain, and Keli Gallo from the Law Office of Edward Buzak.

3. Pledge of Allegiance

Mayor Carey led the Pledge of Allegiance.

B. PRESENTATION

1. Fire Department—Replacement of Engine 31

Manager Mountain explained that the vehicle had been approved in the 2016 budget; however, Former Fire Chief Steve Cohrs would provide the background on the approach to the contract as well as a description of the vehicle. Steve Cohrs provided a presentation on the steps taken to purchase a new fire truck for Company #3, and discussed how they came to the vendor of choice.

Manager Mountain explained that the approval of the resolution to join the co-op and the approval to award the purchase can be done the same night; both will be on the March 2nd agenda.

Councilman Loveys asked the number of apparatus the department currently has; Steve Cohrs replied that there are eight fire pumpers that carry water and hose; one ladder truck; one rescue truck; one brush truck; there are two Chief’s cars, and fire prevention cars.

Councilman Loveys asked what the anticipated accessories would be. Steve Cohrs explained that the firefighters at Company 3 go through a full inventory since many of things on the existing engine can be repurposed on the new engine. There will be a mix of new and repurposed items.

Mayor Carey thanked Steve Cohrs for his research and for his presentation.

C. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road commented that she appreciated the volunteer fire companies in Randolph, and that there is a good relationship between the township management and the volunteers.

Robert Button of 2 Mount Pleasant Road noted that the Council had signed off on a letter from him on February 1, 2017 which makes him unable to discuss certain aspects of his situation. He explained that in the response letter, Manager Mountain recommended filing a tort claim which turns the issue over to an insurance company. Mr. Button explained that he has three issues, he feels the sewage plant should not have been built; drainage and damage to his driveway; and subsidence to his driveway. He filed a tort claim on subsidence, and he received a denial letter from the insurance company. Mr. Button further explained that he did not file a tort claim relative to drainage, personal safety or the curb. He stated that the last sentence of the letter from the township indicated that he cannot talk about his issue, he must send anything further on that issue to the tort address. He explained that there is no tort address because he did not file a tort claim on that issue. Mr. Button stated that he sent a response to Mayor Carey advising that he had not filed a tort claim on that issue; however, he has heard nothing back. Mr. Button asked the Council to provide him with copies of the tort claim. He stated that he will have to go through the legal process. Attorney Keli Gallo stated that it was her understanding that a tort claim was filed, but she was unsure what it covered. She explained to Mr. Button that there have been multiple opportunities to try to respond to him, but he has not found them acceptable and he has filed a tort claim. Attorney Gallo explained that he is allowed to speak at any of the Council meetings, no one is trying to stop him from speaking; however, it is counsel’s advice to the Township Council that they not respond publicly. Mayor Carey added that they are not at all trying to silence him, but when he notified them of the filing of the tort claim, they cannot litigate it in public; it must now go through the system. Mr. Button replied that the tort claim that was filed was specifically for subsidence, and stated that it had already gone through the process. He said there is no tort address to send anything to because there is no tort claim. He asked who he could now speak to in the township. Manager Mountain explained to Mr. Button that he was given multiple opportunities to try to resolve this issue, and that his letters to the township in the last two months took on a different tone. They were not aimed at trying to achieve an amicable resolution to the issue, they referenced a tort claim, and they referenced other legal action that could be taken if he was not satisfied. The Manager explained that once he took that tact, he gets the advice the legal counsel is providing; it is not because the town was unwilling to work with him, but that he decided to take it in a very different direction. Mr. Button stated that he disagreed. Manager Mountain explained that Mr. Button’s guidance was that he had a tort claim with another agency, and that’s what he was guided to file. It was never suggested that he file a tort claim with the township; the township had nothing to do with the water line break that he referenced. Attorney Gallo interjected that this discussion is no longer appropriate; Mr. Button is free to attend meetings and make his public statement, and he has had that opportunity. She advised the Council not to continue with a back and forth exchange.

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

  • Property on Millbrook Avenue—the School Business Administrator had confirmed the Board of Education’s interest in coordinating the acquisition of the property that was previously discussed with the Council. He will be working with the BOE and both legal counsels on the development of the necessary agreements to proceed, as well as the associated funding ordinance. The close of the acquisition would likely be June.
  • 90 Acres Property—the request for proposal comprehensive engineering, design, permitting work is now in the hands of the Purchasing Agent, Liz Crescibene. He will schedule a brief kickoff meeting for the steering committee for the project for the beginning of the week of February 27th. The Council workgroup assigned to the steering committee is Mayor Carey, Councilwoman Veech, and Councilman Tkacs. The RFP delineates the scope of services into two phases, a feasibility phase, and a design phase. The Manager explained what was included in each of the phases. The full Council will be presented with the final design, and any supporting documentation, prior to the project going out to bid. It is anticipated that the consultant will be in place by early to mid-April, and to have the project ready for award for construction in the fall of 2017.

E. APPROVAL OF MEETING MINUTES

1. Approving Regular Meeting Minutes from January 19, 2017 and January 26, 2017

Councilman Loveys made a motion to approve the regular meeting minutes from January 19, 2017 and January 26, 2017. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Tkacs

2. Approving Executive Session Minutes for November 3, 2016, November 17, 2016, December 9, 2016, January 19, 2017 and January 26, 2017

Councilman Loveys made a motion to approve the Executive Session minutes for November 3, 2016, November 17, 2016, December 9, 2016, January 19, 2017 and January 26, 2017. Deputy Mayor Forstenhausler seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilman Napoliello—ABSTAIN November 17th
Councilwoman Veech—ABSTAIN January 19th and January 26th
Deputy Mayor Forstenhausler
Mayor Carey

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Tkacs

F. COMBINED ACTION RESOLUTIONS

Item #8, Expenditure of $3,000—MSSDA—Councilman Loveys asked what the current status of the members was. Attorney Gallo explained that all of the members of the co-op have been asked to make this payment. Councilman Loveys asked how many members were left. Attorney Gallo explained that half of the state’s municipalities joined it, but certain members have settled. There is still a significant number of municipalities.

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

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Tkacs

1. Authorizing the Township to Join the Morris County Adaptive Recreation Program (McArp) and Contribute an Amount According to the Fair Share Ratio Schedule—$3,259.00

R-54-17

WHEREAS, there has been created a Morris County Adaptive Recreation Program (McArp); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost is estimated to exceed $300,000.00; and

WHEREAS, the Randolph Township costs with respect thereto will be approximately $3259.00 to the Fair Share Ratio schedule.

NOW, THEREFORE, BE IT RESOLVED by the council of Randolph Township as follows:

That Randolph Township hereby intends to join the Morris County Adaptive Recreation Program (McArp) as described above and contribute thereto in the amount not in excess of the Fair Share Assessment for one year.

2. Authorizing Contracts with Certain Approved State Contract Vendors for Contracting Units Pursuant to N.J.S.A.:11-12a

R-55-17

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c), may, by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

WHEREAS, the Township of Randolph has the need on a timely basis to purchase goods and services utilizing State contracts; and

WHEREAS, the Township of Randolph anticipates entering into contracts in excess of $17,500 with the attached Referenced State Contract Vendors through this resolution and properly executed purchase orders/contracts, which shall be subject to all the conditions applicable to the current State contracts.

NOW, THEREFORE, BE IT RESOLVED, that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from those approved New Jersey State Contract Vendors on the attached list, pursuant to all conditions of the individual State contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the Referenced State Contract Vendors shall be until December 31, 2017 or upon expiration of the vendor’s contract whichever is first.

3. Authorizing Contracts under the Morris County Cooperative Pricing Council (MCCPC) Pursuant to N.J.S.A. 40A:11-11(5)

R-56-17

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may, by resolution and without advertising for bids, purchase any goods or services under a Cooperative Pricing System of which the Township is a member; and

WHEREAS, the Township of Randolph has the need on a timely basis to purchase goods and services utilizing the MCCPC of which it is a member; and

WHEREAS, the Township of Randolph anticipates entering into contracts in excess of $17,500 with the attached Referenced Contract Vendors through this resolution and properly executed purchase orders/contracts as needed, which shall be subject to all the conditions applicable to the current co-op contracts.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from those MCCPC Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MCCPC Contract Vendors shall be until December 31, 2017 or upon expiration of the vendor’s contract whichever is first.

4. Authorizing Contracts under the Educational Services Commission of NJ Cooperative Pricing System (ESCNJ) Pursuant to N.J.S.A. 40A:11-11(5)

R-57-17

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may, by resolution and without advertising for bids, purchase any goods or services under a Cooperative Pricing System of which the Township is a member; and

WHEREAS, the Township of Randolph has the need on a timely basis to purchase goods and services utilizing the ESCNJ of which it is a member; and

WHEREAS, the Township of Randolph anticipates entering into contracts in excess of $17,500 with the attached Referenced Contract Vendors through this resolution and properly executed purchase orders/contracts as needed, which shall be subject to all the conditions applicable to the current co-op contracts.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from those ESCNJ Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced ESCNJ Contract Vendors shall be until December 31, 2017 or upon expiration of the vendor’s contract whichever is first.

5. Authorizing Contracts under the Somerset County Cooperative Pricing Council (SOCCP) Pursuant to N.J.S.A. 40A:11-11(5)

R-58-17

WHEREAS, the Township of Randolph pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1 et seq. may, by resolution and without advertising for bids, purchase any goods or services under a Cooperative Pricing System of which the Township is a member; and

WHEREAS, the Township of Randolph has the need on a timely basis to purchase goods and services utilizing the SOCCP of which it is a member; and

WHEREAS, the Township of Randolph anticipates entering into contracts in excess of $17,500 with the attached Referenced Contract Vendors through this resolution and properly executed purchase orders/contracts as needed, which shall be subject to all the conditions applicable to the current co-op contracts.

NOW, THEREFORE, BE IT RESOLVED that the Township of Randolph authorizes the Purchasing Agent to purchase certain goods and services from those SOCCP Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced SOCCP Contract Vendors shall be until December 31, 2017 or upon expiration of the vendor’s contract whichever is first.

6. Authorizing the Release of Monies Representing a Performance Bond in the Amount of $116,000.00, Plus Interest, Submitted by Innovative Municipal Products (US), Inc. for MCCPC Category V of Contract #3

R-59-17

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Category V of Contract #3 (Rock Salt & Liquid Calcium Chloride) to Innovative Municipal Products (US), Inc., dba Innovative Surface Solutions, on September 3, 2015, for the contract period October 15, 2015 - October 14, 2016; and

WHEREAS, Innovative Municipal Products (US), Inc. provided a certified check in the amount of $116,000.00 to cover their 100% performance bond as required in the bid specifications; and

WHEREAS, the one (1) year contract expired on October 14, 2016, therefore the Township on behalf of the MCCPC will release monies representing the performance bond in the amount of $116,000.00 plus accrued interest.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the monies representing the performance bond submitted by Innovative Municipal Products (US), Inc. for the award of Category V of MCCPC Contract #3 (Rock Salt & Liquid Calcium Chloride) be released in accordance with the above calculations.

7. Release of Police Detail Escrow to Concrete Construction Corp. for $5,557.50

R-60-17

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:

Concrete Construction Corp. $5,557.50

8. Authorizing the Expenditure of $3,000 in Furtherance of the Purposes of the Municipal Shared Services Defense Agreement (MSSDA)

R-61-17

WHEREAS, the Township Council of the Township of Randolph (“Township”) entered into the Municipal Shared Services Defense Agreement (“MSSDA”) for the purpose as set forth therein, which included retaining a common expert with regard to the calculation of municipal affordable housing obligations; and

WHEREAS, the Mayor and Council authorized an initial expenditure of $2,000 for the preparation of the expert report as well as a subsequent expenditure of $2,000; and

WHEREAS, an Amendment to the MSSDA (“Amendment”) was authorized by Resolution to substitute Econsult Solutions, Inc. as the expert for the municipalities participating in the MSSDA (the “Consortium”); and

WHEREAS, a recent New Jersey Supreme Court decision will necessitate that Econsult Solutions, Inc., as the expert for the municipalities participating in the MSSDA, prepare and develop a revised report with regard to municipal affordable housing obligations based on a review of the Supreme Court’s decision; and

WHEREAS, the Township has determined that it is in the best interests of the citizens of the Township of Randolph to approve additional funding to enable the Consortium and its expert to prepare and develop a revised report with regard to municipal affordable housing obligations and the continued implementation of the MSSDA.

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

  1. The amount of $3,000 is hereby authorized to be expended by the Township of Randolph in furtherance of the purposes of the MSSDA.
  2. This Resolution shall take effect immediately.

9. Refund Escrow Fees for Block 142, Lot 43, 141 High Street to Carlos Marconi—$695.50

R-62-17

WHEREAS, the Planning and Zoning Department received escrow funds from Carlos Marconi, 141 High Street, Block 142 Lot 43, 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 $695.50 be refunded to Carlos Marconi, 141 High Street, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

10. Authorizing Award and Rejection of a Portion of MCCPC Contract #15-A (Police Pursuit Vehicles, 2017 Models)

R-63-17

WHEREAS, Items #1 through #7 of Contract #15-A (Police Pursuit Vehicles, 2017 Models), were initially awarded to various vendors by the Randolph Township Council on October 6, 2016; and

WHEREAS, Items #8 through #11 were not awarded at that time due to various defects on the part of the vendors submitting bids; and

WHEREAS, subsequent to the award of the contract it was determined that the vendors misunderstood the intent of the bid specifications and, as a result, Items #1, #2, #5, #6 and #7 were rescinded by the Randolph Township Council on November 17, 2016; and

WHEREAS, the bid specifications were substantially revised, reviewed by legal counsel, and prepared for rebid; and

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-A (Police Pursuit Vehicles, 2017 Models) for Items #1, #2, #5, #6, #7, #8, #9, #10 and #11; and

WHEREAS, bids had been advertised and received on February 10, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received for the rebid of Contract #15-A (Police Pursuit Vehicles, 2017 Models); and

WHEREAS, no bids were received for Items #8 and #9; and

WHEREAS, Mall Chevrolet in Cherry Hill, New Jersey, the apparent low bidder for Items #10 and #11, does not provide a rust proofing and undercoating product and process that is in compliance with the bid specifications per the Public Works Director and their bid must be rejected; and

WHEREAS, Day Chevrolet in Egg Harbor Township, New Jersey, the second and final bidder for Items #10 and #11, did not sign the Bid Proposal Page which is a non-curable, non-waivable defect and their bid must be rejected; and

WHEREAS, Beyer Ford in Morristown, New Jersey, is the lowest responsive and responsible bidder for Items #1, #2 and #5 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017; and

WHEREAS, Beyer of Morristown in Morristown, New Jersey, is the lowest responsive and responsible bidder for Items #6 and #7 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council hereby rejects the bids submitted by Mall Chevrolet and Day Chevrolet for the reasons noted above.

BE IT FURTHER RESOLVED that the Randolph Township Council hereby authorizes the award of Contract #15-A (Police Pursuit Vehicles, 2017 Models), Items #1 through #7, to Beyer Ford and Beyer of Morristown as noted above.

11. Authorizing the Award and Rejection to Various Bidders for a Portion of MCCPC Contract #15-B (Administrative Passenger Vehicles, 2017 Models)

R-64-17

WHEREAS, Contract #15-B (Administrative Passenger Vehicles, 2017 Models), was initially awarded to various vendors by the Randolph Township Council on October 6, 2016; and

WHEREAS, subsequent to the award of the contract it was determined that the vendors misunderstood the intent of the bid specifications and, as a result, all items were rescinded by the Randolph Township Council on November 17, 2016; and

WHEREAS, the bid specifications were substantially revised, reviewed by legal counsel, and prepared for rebid; and

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-B (Administrative Passenger Vehicles, 2017 Models); and

WHEREAS, bids had been advertised and received on February 10, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received for the rebid of Contract #15-B (Administrative Passenger Vehicles, 2017 Models); and

WHEREAS, Route 23 Automall in Butler, New Jersey, the apparent low bidder for Item #5, was non-responsive in that they did not provide information on the make, model and year of the vehicle which they were bidding and their bid for Item #5 must be rejected; and

WHEREAS, Beyer of Morristown in Morristown, New Jersey, is the lowest responsive and responsible bidder for Item #1 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017; and

WHEREAS, Route 23 Automall in Butler, New Jersey, is the lowest responsive and responsible bidder for Items #2, #3 and #4 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017; and

WHEREAS, Beyer Ford in Morristown, New Jersey, is the lowest responsive and responsible bidder for Item #5 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council hereby rejects the bid submitted for Item #5 by Route 23 Automall for the reasons noted above.

BE IT FURTHER RESOLVED that the Randolph Township Council hereby authorizes the award of Contract #15-B (Administrative Passenger Vehicles, 2017 Models), as noted above.

12. Authorizing Award and Rejection of a Portion of MCCPC Contract #15-C (Utility Vehicles, 2017 Models)

R-65-17

WHEREAS, Contract #15-C (Utility Vehicles, 2017 Models), was initially awarded to various vendors by the Randolph Township Council on October 6, 2016; and

WHEREAS, subsequent to the award of the contract it was determined that the vendors misunderstood the intent of the bid specifications and, as a result, all items were rescinded by the Randolph Township Council on November 17, 2016; and

WHEREAS, the bid specifications were substantially revised, reviewed by legal counsel, and prepared for rebid; and

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-C (Utility Vehicles, 2017 Models); and

WHEREAS, bids had been advertised and received on February 10, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received for the rebid of Contract #15-C (Utility Vehicles, 2017 Models); and

WHEREAS, the bid submitted by Bayshore Ford in New Castle, Delaware, was non-responsive in that they did not sign and submit the signature page for the bid proposal which is a non-curable, non-waivable defect and their bid must be rejected; and

WHEREAS, the bid submitted by Maplecrest Ford in Mendham, New Jersey, was non-responsive in that they did not acknowledge the two addenda that were issued on the Acknowledgement of Revisions and Notices form which is a non-curable, non-waivable defect and their bid must be rejected; and

WHEREAS, the bid submitted by Mall Chevrolet in Cherry Hill, New Jersey, was non-responsive in they did not provide rust proofing and undercoating product and process information that is in compliance with the bid specifications per the Public Works Director and their bid must be rejected; and

WHEREAS, Beyer of Morristown in Morristown, New Jersey, is the lowest responsive and responsible bidder for Items #4, #5, #6, #9, #14, #17, #18, #29 and #37 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017; and

WHEREAS, Route 23 Automall in Butler, New Jersey, is the lowest responsive and responsible bidder for Items #1, #2, #7, #8 and #26 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017; and

WHEREAS, DFFLM in Flemington, New Jersey, is the lowest responsive and responsible bidder for Items #3, #10, #11, #12, #13, #15, #16, #19, #20, #21, #22, #23, #24, #25, #27, #28, #30, #31, #32, #33, #34, #35 and #36 for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council hereby rejects the bids submitted by Bayshore Ford, Maplecrest Ford and Mall Chevrolet for the reasons noted above.

BE IT FURTHER RESOLVED that the Randolph Township Council hereby authorizes the award of Contract #15-C (Utility Vehicles, 2017 Models), as noted above.

13. Authorizing Award of MCCPC Contract #15-E (Hybrid Vehicles, 2017 Models) to Route 23 Automall in Butler

R_66-17

WHEREAS, Contract #15-E (Hybrid Vehicles, 2017 Models), was initially awarded by the Randolph Township Council on October 6, 2016; and

WHEREAS, subsequent to the award of the contract it was determined that the vendors misunderstood the intent of the bid specifications and, as a result, Contract #15-E was rescinded by the Randolph Township Council on November 17, 2016; and

WHEREAS, the bid specifications were substantially revised, reviewed by legal counsel, and prepared for rebid; and

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-E (Hybrid Vehicles, 2017 Models); and

WHEREAS, bids had been advertised and received on February 10, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received for the rebid of Contract #15-E (Hybrid Vehicles, 2017 Models); and

WHEREAS, Route 23 Automall in Butler, New Jersey, is the lowest responsive and responsible bidder for Item #1 (the sole contract item) for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council hereby authorizes the award of Contract #15-E (Hybrid Vehicles, 2017 Models) to Route 23 Automall as noted above.

14. Authorizing Award and Rejection of MCCPC Contract #23 (Police Uniforms and Equipment—Category D only) to Atlantic Tactical

R-67-17

WHEREAS, Contract #23 (Police Uniforms and Equipment), was initially awarded by the Randolph Township Council on December 1, 2016 with the exception of Category D; and

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #23 (Police Uniforms and Equipment—Category D Only); and

WHEREAS, bids had been advertised and received on February 10, 2017, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received for Contract #23 (Police Uniforms and Equipment—Category D Only); and

WHEREAS, Contract #23 is awarded by “category,” whereby the responsive and responsible bidder submitting the lowest aggregate total per category will receive the award; and

WHEREAS, the bid specifications state that vendors must bid on all items within the category; and

WHEREAS, Some’s Uniforms in Hackensack, New Jersey, was non-responsive in that they did not bid on all items in Category D and their bid must be rejected; and

WHEREAS, Atlantic Tactical in New Cumberland, Pennsylvania, is the lowest responsive and responsible bidder for Category D for the pricing shown on the attached Notification of Award for the term of February 16, 2017 - October 31, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council hereby rejects the bid submitted by Some’s Uniforms as noted above.

BE IT FURTHER RESOLVED by the Randolph Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council hereby authorizes the award of Contract #23 (Police Uniforms and Equipment—Category D Only) to Atlantic Tactical as noted above.

15. Raffle License, Off-Premise 50/50, St. Matthew the Apostle Parish, 335 Dover Chester Rd., on May 28, 2017 at 12:15 p.m.

G. UPCOMING EVENTS

  1. Morris Habitat for Humanity—Hearts for Humans, Saturday, February 25th from 6:00 p.m. - 11:00 p.m. at the Meadow Wood Manor, 461 Route 10, Randolph—$250
  2. The Opiate Epidemic: From Addiction to Recovery, at the Morris County Public Safety Academy, 500 West Hanover Ave., Morris Plains, NJ on Tuesday, February 28th from 9:00 a.m. - 12:00 p.m. Register at Eventbrite.com
  3. Ribbon Cutting for Grand Opening of Noches de Colombia Restaurant, 140 Route 10 West, Randolph on February 21st at 6:00 p.m.
  4. Ribbon Cutting for Grand Opening of International Martial Arts, 3 Middlebury Blvd., Randolph on March 4th at 11:00 a.m.
  5. Proclamations recognizing Eagle Scouts will be presented by Mayor Carey to Matthew James Doherty and Christopher Mantell at St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph on Sunday, March 5th at 1:30 p.m.

H. DISCUSSION ITEMS

1. Trail Committee Ordinance

Manager Mountain explained that the trail master plan group and the consultant have been working through the recommendations for the trail master plan. One recommendation they have been discussing has been for the Council to consider the creation of a trails advisory committee to begin at the conclusion of the trail master plan process. The Manager provided Keli Gallo with the recommendation so she could create a draft for the Council to consider. If the trails advisory committee is created, it would be responsible for overseeing the implementation of the trails master plan, assisting with the future design and development of the trails, make recommendations on the maintenance of trails, make policy recommendations to the Council, educate the public, and promote the trail system. The trail master plan should be concluding in May. If the Council was agreeable to the trail advisory committee, it would likely begin in July.

Deputy Mayor Forstenhausler stated that he felt it was a good idea.

Mayor Carey confirmed that the committee would consist of five members plus an alternate, a member of the Parks Advisory Committee, and a Council liaison, for a total of seven members. Russ Newman would be the township staff liaison.

Mayor Carey shared her concern about the amount of work for Russ Newman and Jeanne Montemarano. Manager Mountain shared the Mayor’s concern since it will be a lot of meetings for the staff between the various township committees. The Manager suggested one possibility to lighten the workload could be that the trails advisory committee not meet every month.

Councilman Loveys asked how to differentiate between when a committee is created with an ordinance and when a subcommittee to another committee is created. Manager Mountain replied that, in researching this type of committee in other towns, the majority of towns have created it through an ordinance as a formal committee, not as a subcommittee. He explained that sometimes when it’s a subcommittee of a small committee, there are not enough members willing to spend more time on a focused area. The Manager added that there was a lot of interest at the meeting for the trails master plan, and he felt there would be residents interested in serving on this committee. Mayor Carey added that she knew that Councilman Guadagno also felt it should not be a subcommittee for the same reasons.

I. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road commented again that the township should change the allowable height of fences in order for residents to keep the deer out of their properties.

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

J. COUNCIL COMMENTS

Councilman Napoliello reported that he attended the Traffic Advisory Committee (TAC) meeting. There was concern over the traffic light at Canfield Avenue at Route 10. When heading east on Route 10, the timing of the left turn arrow onto Canfield Avenue was not long enough. Manager Mountain explained that Paul Ferriero received a response from Debbie Hurt at DOT indicating that they have changed project managers. Paul has contacted the new project manager to reiterate the issues, and set up a meeting to discuss them. Ideally they would like the DOT staff to visit the specific problem areas in town; the TAC members would be notified of the meeting in case they wanted to attend.

Councilman Napoliello also reported that the Board of Health meeting was cancelled due to the weather.

Councilwoman Veech reported that she, Mayor Carey, and Councilman Napoliello attended the Morris County League of Municipalities. The legislative lead for the League of Municipalities, Michael Darcy, spoke about comments due to the FCC on some proposals. There is a proposal from the FCC where they can override any municipal denial for a variance for properties so they can build what they want; Councilwoman Veech suggested that this issue be researched and discussed.

Councilwoman Veech also reported that she attended the Parks Committee meeting; there was a lot of maintenance done in January, such as painting and cleaning concession stands, inventorying sports and maintenance equipment, and removing trees from trails. Due to the snow storm, the meeting was rescheduled to March 14th, which is a Council meeting night and she will not be able to attend the Parks Committee meeting.

Deputy Mayor Forstenhausler reported that he and Mayor Carey attended the Cabaret at Randolph High School, it was sold out.

Deputy Mayor Forstenhausler also reported that he attended the ribbon cutting at the Randolph Diner. Mayor Carey added that it was a nice event, and many of the Council members were in attendance.

Mayor Carey reported that she attended the Chamber of Commerce luncheon; the topic was tax advice, and it was well attended.

Mayor Carey reported that she and Manager Mountain attended the Economic Development Committee (EDC) meeting. There is a subcommittee forming that will gather information and literature to market Randolph for commercial real estate brokers.

Mayor Carey reported that the personnel committee for the library has been interviewing candidates for the position of Director.

Mayor Carey also reported that she was invited to, and attended, the Ironia Winterfest.

K. EXECUTIVE SESSION

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

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

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

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

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

Township Manager’s Compensation

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the Executive Session, the Council will reconvene in public session for the purpose of taking formal action.

Councilman Napoliello made a motion to move into Executive Session at 8:10 p.m. Deputy Mayor Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Tkacs

Councilman Loveys made a motion to close the Executive Session at 9:00 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Tkacs

N. ADJOURNMENT

Councilman Napoliello made a motion to adjourn the meeting at 9:00 p.m. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT:
Councilman Guadagno
Councilman Tkacs