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

Minutes: January 10, 2012

A regular meeting of the Randolph Township Council was called to order at 7:00 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.

PRESENT:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

Also Present: Township Manager John Lovell and Township Attorney Edward Buzak

Mayor Guadagno led the Pledge of Allegiance.

OPEN TO PUBLIC

Judith Stewart, 114 Everdale Road, asked on which dates the Council will be meeting to discuss the 2012 budget and when the budget is scheduled to be adopted.

Manager Lovell responded that the Council is scheduled to meet January 28, February 11, and February 25. He will be asking the Council to cancel the January 28 meeting later in this meeting and he will propose March 3 as an additional budget meeting. He is hopeful that the proposed budget can be adopted in April.

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

MANAGER REPORTS

Manager Lovell discussed a letter received from Kathy Algeier dealing with legislation that was put together by the Hospital Association of New Jersey. The goal of the legislation is for hospitals to provide transportation for patients. New rules and regulations regarding patient transport would likely prove to be too onerous for volunteer squads to be able to comply. In the past the Council has gone on the record as being consistently opposed to this type of legislation, and the Manager suggested Mayor Guadagno send an email to Governor Christie imploring him to not approve the proposed legislation. Manager Lovell noted that the branch pick-up has been completed following the October snow storm and discarded Christmas trees will be picked up shortly. The branch pick up was a monumental task which took eleven weeks to complete and far exceeded any clean up that has been done in the past in Randolph. The Manager expects to have the final cost of the clean up shortly and he anticipates getting some reimbursement from FEMA.

Deputy Mayor MacArthur congratulated the DPW crews for collecting the branches on schedule. The Deputy Mayor asked Manager Lovell to provide the Randolph Reporter with an estimate on the volume of branches that were collected so that the residents can know just what a Herculean effort the clean up was compared with normal years.

APPROVAL OF REGULAR MINUTES

(1) October 4, 2011; November 22, 2011; December 1, 2011; January 1, 2012

Councilwoman Veech made a motion to approve the minutes as presented. Deputy Mayor MacArthur seconded the motion, and the following roll call vote was taken:

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

NAYS: None

(2) October 27, 2011

Councilwoman Veech made a motion to approve the minutes as presented. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSTAIN: Councilman Obremski

(3) November 3, 2011

Councilwoman Veech made a motion to approve the minutes as presented. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Mayor Guadagno

NAYS: None

ABSTAIN: Deputy Mayor MacArthur

SOIL MOVEMENT HEARING—Randolph Diner

Manager Lovell noted that the Township has received an application dealing with a soil movement permit from the Randolph Diner site. Variances and site plans have been approved for this project by the Board of Adjustment in 2011. Conditions listed in the proposed soil movement permit resolution include:

The permit is limited to a 90-day period from the commencement of work
Soil movement activities will take place between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday excluding public holidays
Truck may load at 8:30 a.m. but must not leave the site until 9:00 a.m.
Top soil has to be retained at the site to be used on site
The applicant shall insure that the vehicles used to remove soil take Center Grove Road directly to Route 10 and must exit the Township directly from Route 10
The applicant is not allowed to load or unload the heavy excavation equipment on the street but instead must load and unload on the site
The applicant shall ensure that all soil is removed beyond the limits of the Township
Traffic control recommendations will be determined by the Police Chief and it will be the applicant’s responsibility to coordinate with him in advance of the operation
The Township will require a guarantee in the amount of $30,720.00
The applicant must comply with all conditions imposed by the Board of Adjustment
The applicant is bound to comply with all the soil movement sediment control laws, both locally and in the state of New Jersey, some of which is outlined in the Board of Adjustment approval of March 10, 2011

Mr. Rosen, the attorney representing the applicant, noted that the Board of Adjustment approved three specific items: remodeling and extending the existing diner, constructing a new stand-alone retail bank with drive-thru facility, and constructing a new retail shopping center. The engineer for the project proposed the plan to remove soil from the site. The applicant has read through the proposed resolution and is willing to abide by the conditions listed in the resolution.

Mr. Daniels, the engineer representing the applicant, noted that the soil removal will involve the following:

Excavation equipment arriving on the site and maneuvering as necessary to load the trucks
Standard soil erosion and sediment control features will be in place
A black silt fence around the perimeter will be installed
Traffic control measures will be in place, particularly at the driveway to the diner
Truck tires will be cleaned
Trucks will travel north on Center Grove Road to Route 10 and will proceed either east or west on Route 10
All of the conditions listed in the approval by the Board of Adjustment have been put in place
The applicant has also complied with County requirements

Questions and comments from the Council included:

How many truck loads of dirt will be involved with this project (approximately 1,050 truck loads)
When will soil movement begin (as early as March)
Has the applicant found a home for the exported soil (not yet)
As it pertains to grading the property, how will the soil be removed (the site work contractor will make that determination based on his expertise)
Will truck or other large equipment be operated at the site prior to 9:00 a.m. (the ordinance states construction times allowed in the Township and the applicant must comply with those regulations)
How will trucks impact traffic during the peak hours of the day when students are leaving the County College of Morris (the applicant will coordinate with the Chief of Police, they will be presenting a safety plan, and they will do their best to accommodate traffic from the college)
Where will people eating at the diner be parking during the soil movement operation (in the driveway since the excavation will take place in the back of the property past the parking lot)
How will traffic control procedures be put in place if suggested by the Police Chief (the applicant will hire off-duty officers or a contractor to provide traffic control)
Is the elimination of Saturday as a work day for the Township’s convenience or was that the applicant’s preference (the site backs up to a residential neighborhood and the Manager felt it best to stay with the practice of not allowing heavy machinery to be operated in town on weekends)

Mayor Guadagno opened the meeting to the public for a hearing on the soil movement issue.

Ms. Kovas, 12 Fords Road, asked the following questions:

Will blasting be required for this project (testing at the site did not indicate bedrock conditions that would indicate blasting would be necessary)
If bedrock is discovered, would the applicant need to make another application or will they be allowed to move ahead (blasting activities are controlled by the State of New Jersey and the applicant would be required to seek a permit through the state)
Would jack-hammering be done only between business hours (unfortunately if a jack-hammer is being used, the area surrounding the project will be able to hear it)
Is there any issue regarding water removal if the water table at the site changes (if there is an excessive amount of water intruding onto the site, the contractor will deal with that by using pumping equipment and will go through proper cleansing techniques before being discharged to the receiving system on Center Grove Road)
Who monitors activities on the site (the Randolph Township Engineering Office led by Ralph Carchia and the Morris Sussex Soil Conservation Group)

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

Councilman Loveys stated for the record that the Council is charged to look at soil erosion, drainage, soil fertility, and so on. One item with regard to this soil movement project is the lateral support of slopes and grades abutting streets and the land. The Councilman would hope the applicant has giving some consideration to the support of those lateral slopes prior to the improvements being installed and that the property will not be brought down to a final grade until such time of that improvement.

Mayor Guadagno asked if the applicant must notify the neighbors if blasting is to occur.

Manager Lovell responded that he will instruct the Engineering Department to notify neighbors if the applicant will be blasting at the site.

The resolution approving the soil movement permit will be approved with the Combined Action Item resolutions.

COMBINED ACTION ITEMS

Deputy Mayor MacArthur made a motion to approve the Combined Action Items. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

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

NAYS: None

A. Refund/Adjustment Resolutions

(1) Authorizing Release of Road Opening Cash Bond at 35 Calais Road to Nicholas Margaronis—$500.00

R-14-12

WHEREAS, the Engineering Department has received a request from Nicholas Margaronis for the release of a $500.00 cash road opening bond posted for the purpose of connecting to road drainage at 35 Calais Road, Randolph; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond which was received and deposited with the Finance Department on September 26, 2011; and

WHEREAS, the applicant was required to post this cash bond to guarantee the drainage connection at 35 Calais Road 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 Nicholas Margaronis, 35 Calais Road, Randolph, New Jersey 07869.

(2) Release of Police Detail Escrow for Road Safety Systems—$142.00

R-15-12

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

WHEREAS, the Detail work has been completed.

NOW, 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 amount be refunded:

Road Safety Systems $142.00

(3) Release Escrow Funds for block 18, Lot 10, to Frank Mariconda/Metro Development Group

R-16-12

WHEREAS, the Planning and Zoning Department received escrow funds from Frank Mariconda/Metro Development Group, Block 18, Lot 10, in the amount of $2,500; 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, that the remaining escrow funds in the amount of $2,041.00 be refunded to Frank Mariconda/Metro Development Group, 316 Palmer Road, Denville, New Jersey 07834.

B. Approving Soil Movement Permit for Randolph Diner

R-17-12

WHEREAS, Haralambous Spiropoulos (Randolph Diner), (the “Applicant”) has submitted to the Township of Randolph (the “Township”) an application for a soil movement permit involving the movement of soil on Lot 1 and 78.01, Block 112, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on 517 Route 10 East, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately fifteen thousand and seventy-seven (15,077) cubic yards of soil will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Board of Adjustment of the Township of Randolph memorializing the granting of Variance Relief and Preliminary and Final Site Plan Approval; and

Whereas, by resolution memorialized by the Randolph Township Board of Adjustment on March 10, 2011, the Board of Adjustment of the Township of Randolph approved said application for Variance Relief and Preliminary and Final Site Plan, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Board of Adjustment of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on January 10, 2012, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on January 10, 2012, as provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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

1. The Township Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.

2. The Township Council hereby approves and grants soil movement permit application of Haralambous Spiropoulos, consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:

a. The removal of soil on the Property shall be limited to a 90 day time period from the commencement of the work unless otherwise extended by the Council.

b. Soil movement activities will take place between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding public holidays. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off the site until 9:00 a.m.

c. Top soil shall be retained on the site and no top soil is to be removed from the site.

d. The Applicant shall insure that the vehicles used to remove soil take Center Grove Road to Route 10 and exit the Township directly from Route 10. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.

e. The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers and street sweepers in accordance with applicable ordinance provisions as required by the Township Engineer.

f. The Applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township.

g. The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.

h. A cash guarantee in the amount of $30,720.00 shall be posted with the Township to guarantee all appropriate safeguards are in place and adequately maintained. If the Applicant or his contractor fails to properly maintain the site, the Township shall be the right to use the cash to implement any required remedial action. The Applicant shall replenish the guarantee as necessary and reimburse the Township for all of its costs.

i. The Applicant shall comply with all conditions imposed by the Board of Adjustment as stated in their Resolution of March 10, 2011, as well as all ordinances including, but not limited to, Section 15-47, et seq.

j. The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Board of Adjustment on March 10, 2011.

3. All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.

4. This Resolution shall take effect immediately.

C. Authorizing Rescission of a Portion of MCCPC 2012 Contract 6—Category C, Road Resurfacing, From Schifano Construction and Re-Awarding to Tilcon New York

R-18-12

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council entered into a contract on January 1, 2012, with Schifano Construction Corporation for Category C (Milling) for District #1 Members of MCCPC Contract #6 (Road Resurfacing) for the 2012 contract period; and

WHEREAS, an error in the evaluation of the bids occurred where Tilcon New York was the apparent successful bidder for Category C (Milling) for District #1 Members of Contract #6 (Road Resurfacing) in compliance with the bid specifications; and

WHEREAS, under these circumstances, it is in the MCCPC’s interest to rescind this portion of the contract noted above from Schifano Construction Corporation and re-award to Tilcon New York.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris and State of New Jersey, that a portion of the MCCPC 2012 Contract #6 (Road Resurfacing), Category C (Milling) for District #1 Members be rescinded from Schifano Construction Corporation due to an error in the evaluation of bids and the category be re-awarded to Tilcon New York.

D. Authorizing Rescission of a Portion of MCCPC 2012 Contract 6—Category I, Road Resurfacing, From Schifano Construction and Re-Awarding to Tilcon New York

R-19-12

WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) entered into a portion of a contract for Category I (Resurfacing Preparations) of Contract #6 (Road Resurfacing) dated January 1, 2012, with Schifano Construction Corporation of Middlesex, New Jersey; and

WHEREAS, Schifano Construction Corporation is requesting to be released from their contract obligations by relinquishing their contract award for Category I (Resurfacing Preparations) to Tilcon New York who was awarded other Categories (A, B, & C) in Contract #6 (Road Resurfacing), thus reducing safety hazards for road resurfacing projects with Categories (A, B, C and I) being awarded to one vendor; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that a portion of MCCPC Contract #6 (Road Resurfacing), Category I (Resurfacing Preparations) be rescinded from Schifano Construction Corporation and re-awarded to Tilcon New York.

E. Authorizing Coin Toss Awards for MCCPC Contracts

R-20-12

WHEREAS, on January 5, 2012, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council conducted a coin-toss lottery as a result of a tie bids received on October 19, 2011, for portions of Contracts #17 and 20-A; and

WHEREAS, the winners of the above-mentioned coin-toss lottery appear in the summary below:

CONTRACT #17—WATER TREATMENT CHEMICALS
(Item #12b): Coin-toss between Main Pool & Chemical Company and Seidler Chemical Company. Both companies bid the identical low bid price of $7.95/per container. Seidler Chemical Company won the coin-toss.

CONTRACT #20-A—SPORTING GOODS, CATEGORY E: WRESTLING EQUIPMENT
(Item #5): Coin-toss between Cannon Sports and R&R Trophy & Sporting Goods. Both companies bid the identical low bid price of $20.88/each. Cannon Sports won the coin-toss.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that the above-mentioned items in 2012 MCCPC Contracts #17 and #20-A be awarded to the vendors noted herein for the contract period January 1, 2012, to December 31, 2012.

F. Rescind Portion of MCCPC 2012 Contract 20-A, Sporting Goods, and Re-Awarding to Lowest Bidders

R-21-12

WHEREAS, the Township of Randolph on behalf of the MCCPC authorizes the rescission of portions of the contract awards under MCCPC Contract #20-A (Sporting Goods) awarded in error to the following vendors on January 1, 2012, and the re-awarding of same to the lowest responsible bidders as noted:

Category B: Playground Equipment
(Item #1a and #1b): Rescind award to Cannon Sports and re-award to R&R Trophy & Sporting Goods.

(Item #1c): Rescind award to Cannon Sports and re-award to Metuchen Center.

Category G: Sporting Clothing
(Item #14): Rescind award to LeeZar Sporting Goods and re-award to R&R Trophy & Sporting Goods.

and

WHEREAS, the vendors awarded the above items for the categories and items noted were erroneously awarded these supplies and it is recommended that these portions of the vendors contract be rescinded and re-awarded to the true lowest responsible bidders noted herein for the 2012 contract.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, and State of New Jersey, that portions of vendors contracts under MCCPC Contract #20-A (Sporting Goods) be rescinded and re-awarded to the R&R Trophy & Sporting Goods and Metuchen Center the lowest responsible bidders for the items specified.

G. Re-Establishment of the Municipal Alliance Committee

R-22-12

BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that in compliance with P.L. Chapter 51 and the Governor’s Council on Alcoholism and Drug Abuse, the Randolph Township Municipal Alliance Committee is hereby re-established.

BE IT FURTHER RESOLVED that the above mentioned Alliance will be recognized as an Ad Hoc Advisory Committee reporting to the Township Council.

BE IT FURTHER RESOLVED that the membership of the Randolph Municipal Alliance Committee shall be appointed annually and the terms of all appointees shall expire on December 31st of the year of appointment.

BE IT FURTHER RESOLVED that the following appointments shall be made:

1. The Mayor shall appoint a member of the Township Council who shall serve as the liaison from the Council.

2. The Chairman of the Municipal Alliance Committee shall be appointed by the Mayor and Council.

3. The Superintendent of Schools shall appoint a representative from the Randolph School system as the school’s liaison.

4. The Chief of Police shall appoint a representative from the Police Department as the department’s liaison.

5. The Township Council shall appoint four members representing various facets of the community.

6. The Township Council shall appoint alternates to the Committee.

BE IT FURTHER RESOLVED that the appointed Treasurer of the Municipal Alliance Committee will provide account payable reports quarterly to the Township Council.

BE IT FURTHER RESOLVED that the Municipal Alliance Committee shall work to develop and promote programs for community awareness, prevention, education and intervention for the purpose of reducing alcoholism and drug abuse in Randolph.

BE IT FINALLY RESOLVED that the Municipal Alliance Committee shall first receive Council authorization in the form of a resolution of approval before making application for funding grants.

H. Authorizing Change Orders 1 and 2 to the Public Works Building

R-23-12

WHEREAS, architect Charles Schaffer, contracted by the Township to perform construction administration with regards to the DPW Garage, has recommended two change orders; and

WHEREAS, Change Order #1 would eliminate the waste oil furnace for a savings of $7,985.00; and

WHEREAS, Change Order #2 is for a modification of the lifting mechanism on the overhead doors for an increase of $1,952.00; and

WHEREAS, the original contract sum with Rochelle Contracting Co. is $2,940,000.00; and,

WHEREAS, the combination of Change Order #1 and Change Order #2 provides the Township with a credit of $6,033.00, bringing the new total to $2,933,967.00.

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 #1 and Change Order #2 are approved and the contract be so amended.

BE IT FURTHER RESOLVED that signed copies of this resolution shall serve as the contract amendment.

I. Authorizing Change Order 3 in the Amount of $20,000.00 to Cover PM Construction’s Cost of Excavating Additional Rock for the Construction of Sewer Extension on Sussex Turnpike, Bringing New Total to $711,363.00

R-24-12

WHEREAS, the Township of Randolph awarded a contract to P.M. Construction Corporation for the Construction of the Sewer Extension - Sussex Turnpike in the amount of $653,480.00; and

WHEREAS, the contractor experienced a significant overage in rock excavation; and

WHEREAS, the Township executed Change Orders #1 and #2 for the initial portion of the additional excavation; and

WHEREAS, the contractor has continued excavating rock in excess of the anticipated contract total resulting in additional costs of $7,671.00 through December 2011; and

WHEREAS, it is anticipated that there will be additional rock to be excavated through the completion of the project in the spring; and

WHEREAS, the Township Engineer has recommended that Change Order #3 be approved for the project in the amount of $20,000.00 to cover the future work (see attached memorandum).

NOW, THEREFORE, BE IT RESOLVED by the Randolph Township Council on this 10th day of January 2012 that the contract shall be amended as follows:

Original Contract $653,480.00
Change Order #1 $5,000.00
Change Order #2 $32,883.00
Change Order #3 $20,000.00
Amended Contract Total $711,363.00

J. 2012 Temporary Budget

R-25-12

WHEREAS, 40A:4-19 Local Budget Act provides that (where any contracts, commitments or payments are to be made prior to the final adoption of the 2012 budget) temporary appropriations be made for purposes and amount required in the manner and time therein provided; and

WHEREAS, the date of this resolution is within the first thirty days of January 2102; and

WHEREAS, the total general appropriations in the 2011 Budget, exclusive of any appropriations made for Interest and Principal of Debt, Capital Improvements and Public Assistance is the Sum of $31,896,929.00; and

WHEREAS, 26.25 percent of this total is the sum of $8,372,943.00.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Randolph, County of Morris, State of New Jersey, that the following temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records:

GENERAL ADMINISTRATION
Salaries and Wages	$68,393.00
Other Expenses	$13,991.00

MAYOR AND COUNCIL
Salaries and Wages	$9,375.00

MUNICIPAL CLERK
Salaries and Wages	$39,224.00
Other Expenses	$28,510.00

FINANCIAL ADMINISTRATION (Treasury)
Salaries and Wages	$41,859.00
Other Expenses	$2,009.00

AUDIT SERVICES
Other Expenses	$22,570.00

COMPUTER DATA PROCESSING
Other Expenses	$12,482.00

REVENUE ADMINISTRATION (Tax Collection)
Salaries and Wages	$16,636.00
Other Expenses	$2,301.00

TAX ASSESSMENT ADMINISTRATION
Salaries and Wages	$33,096.00
Other Expenses	$10,409.00

LEGAL SERVICES
Other Expenses	$82,740.00

ENGINEERING SERVICES
Salaries and Wages	$17,218.00
Other Expenses	$7,179.00

PLANNING/ZONING BOARD
Salaries and Wages	$39,001.00
Other Expenses	$11,471.00

LIABILITY INSURANCE
Other Expenses	$150,000.00

WORKERS COMPENSATION INSURANCE
Other Expenses	$174,000.00

EMPLOYEE GROUP INSURANCE
Other Expenses	$1,200,000.00

POLICE DEPARTMENT
Salaries and Wages	$1,000,000.00
Other Expenses	$48,956.00

RADIO DISPATCH SERVICE
Other Expenses	$162,000.00

EMERGENCY MANAGEMENT
Salaries and Wages	$1,000.00
Other Expenses	$500.00

FIRE DEPARTMENT
Salaries and Wages	$24,602.00
Other Expenses	$52,894.00

AID TO VOLUNTEER FIRE COMPANIES
Other Expenses	$16,118.00

STREET AND ROAD MAINTENANCE
Salaries and Wages	$200,000.00
Other Expenses	$39,323.00

WATER AND SEWER
Salaries and Wages	$100,000.00
Other Expenses	$100,000.00
Electricity	$18,900.00
Telephone	$1,600.00
Natural Gas	$1,000.00

SOLID WASTE COLLECTION
Other Expenses	$295,000.00

RECYCLING
Salaries and Wages	$68,128.00
Other Expenses	$30,818.00

BUILDING AND GROUNDS
Salaries and Wages	$13,587.00
Other Expenses	$37,459.00

VEHICLE MAINTENANCE
Salaries and Wages	$53,866.00
Other Expenses	$61,031.00

SNOW REMOVAL
Salaries and Wages	$80,000.00
Other Expenses	$100,000.00

PUBLIC HEALTH SERVICES
Salaries and Wages	$112,572.00
Other Expenses	$31,119.00

ANIMAL CONTROL SERVICES
Salaries and Wages	$6,563.00

RECREATION SERVICES AND PROGRAMS
Salaries and Wages	$75,000.00
Other Expenses	$100,000.00

MAINTENANCE OF PARKS
Salaries and Wages	$117,593.00
Other Expenses	$23,599.00

UTILITY EXPENSES
Electricity	$40,819.00
Street Lighting	$18,375.00
Telephone	$30,529.00
Gas (Natural or Propane)	$22,444.00
Gasoline	$78,750.00
Fuel Oil	$525.00

LANDFILL/SOLID WASTE DISPOSAL COSTS
Other Expenses	$52,000.00
Recycling Tax	$1,700.00

UNIFORM CONSTRUCTION CODE
Salaries and Wages	$68,545.00
Other Expenses	$1,811.00
Electrical Inspection	$15,750.00

MUNICIPAL ALLIANCE
Salaries and Wages	$1,890.00
Other Expenses	$919.00

STATUTORY EXPENDITURES
PERS	$795,301.00
Social Security	$139,755.00
PFRS	$1,238,068.00

MUNICIPAL COURT
Salaries and Wages	$70,912.00
Other Expenses	$4,268.00

MUNICIPAL PROSECUTOR
Other Expenses	$6,983.00

ROCKAWAY VALLEY REGIONAL SEWAGE AUTHORITY
Other Expenses	$269,000.00

MORRIS TOWNSHIP—SEWER TREATMENT
Other Expenses	$125,000.00

MORRIS COUNTY MUA—WATER SERVICES
Other Expenses	$300,000.00

TOWNSHIP—CAPITAL OUTLAY
Fleet—Purchase of Police Vehicles	$110,000.00
	$8,349,036.00
DEBT SERVICE
Waste Water Trust Program—Principal	$244,077.00
Waste Water Trust Program—Interest	$25,297.00
Interest on Notes	$29,140.00
Interest on Bonds	$62,746.00

K. Professional Services Agreements

(1) Jaman Engineering—Professional Surveying Services for Block 86, Lots 72, 72.02, 72.03, 73, 74 and 75—DPW Property—Not to Exceed $8,000.00

R-26-12

WHEREAS, the Township of Randolph has a need to acquire Jaman Engineering Associates pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Jaman Engineering Associates has indicated they will provide the Professional Surveying Services for Block 86, Lots 72, 72.02, 72.03, 73, 74 and 75, DPW Property, for an amount not to exceed $8,000.00; 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 enter into a contract with Jaman Engineering Associates as described herein.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 #5-11, Public Works Facility, to award a contract to Jaman Engineering Associates for Professional Surveying Services for Block 86, Lots 72, 72.02, 72.03, 73, 74 and 75, DPW Property, in the amount not to exceed $8,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(2) Robert Michaels & Associates—Planning Services for Assistance in Completing Highlands Modules 2 - 7—Not to Exceed $7,500.00

R-27-12

WHEREAS, the Township of Randolph has a need to acquire Robert Michaels & Associates pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, a contract was awarded on June 25, 2009, in the amount of $17,500.00 and an additional $7,500.00 is needed to complete the project; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Robert Michaels & Associates has indicated they will complete the Planning Services for an amount not to exceed $7,500.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2009 Highlands Grant to award a contract to Robert Michaels & Associates for Planning Services for Assistance in Completing Highlands Modules 2 Through 7 in the amount not to exceed $7,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(3) Fredric Knapp, Esq.—Labor and Negotiations—Not to Exceed $10,000.00

R-28-12

WHEREAS, the Township of Randolph has a need to acquire Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition in addition to others may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, has indicated they will provide the Legal Services for Labor and Negotiations for an amount not to exceed $10,000.00; and

WHEREAS, Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2012 Budget, Legal, Other Expense, to award a contract to Fredric M. Knapp, Esq., of Knapp, Trimboli & Prusinowski, LLC, for Legal Services for Labor and Negotiations in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(4) Jack Kraft—Bond Counsel Services—Not to Exceed $10,000.00

R-29-12

WHEREAS, the Township of Randolph has a need to acquire John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A. pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A. has indicated they will provide the Bond Counsel Services for an amount not to exceed $10,000.00; and

WHEREAS, John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A. has completed and submitted a Business Entity Disclosure Certification which certifies that John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit John L. Kraft of Lomurro, Davison, Eastman & Munoz, P.A. from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 Various Capital Ordinances to award a contract to John L. Kraft of Lomurro, Davison, Eastman & Munoz, PA, for Bond Counsel Services in the amount not to exceed $10,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(5) Animal Clinic of Morris Plains—Veterinary Services—Not to Exceed $12,000.00

R-30-12

WHEREAS, the Township of Randolph has a need to acquire the Animal Clinic of Morris Plains pursuant to the provisions of N.J.S.A.19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition in addition to others may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, the Animal Clinic of Morris Plains has indicated they will provide the Veterinary Services for an amount not to exceed $12,000.00; and

WHEREAS, the Animal Clinic of Morris Plains has completed and submitted a Business Entity Disclosure Certification which certifies that the Animal Clinic of Morris Plains has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit the Animal Clinic of Morris Plains from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 Animal Control Fund to award a contract to the Animal Clinic of Morris Plains for Veterinary Services in the amount not to exceed $12,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(6) Nisivoccia LLP—Auditing Services—Not to Exceed $43,960.00

R-31-12

WHEREAS, the Township of Randolph has a need to acquire Nisivoccia LLP pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Nisivoccia LLP has indicated they will provide the Auditing Services for an amount not to exceed $43,960.00; and

WHEREAS, Nisivoccia LLP has completed and submitted a Business Entity Disclosure Certification which certifies that Nisivoccia LLP has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Nisivoccia LLP from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2012 Budget, Audit Services, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to Nisivoccia LLP for Township Auditing Services in the amount not to exceed $43,960.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(7) Pavia Kriegman—Webmaster Services for the MCCPC—Not to Exceed $3,000.00

R-32-12

WHEREAS, the Township of Randolph has a need to acquire Pavia Kriegman/Paviaweb.com pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the anticipated term of this contract is one year and may be extended as approved by this governing body; and

WHEREAS, Pavia Kriegman/Paviaweb.com has indicated she will provide the Webmaster Services for the Morris County Cooperative Pricing Council for $250.00 per month not to exceed $3,000.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2012 Budget, Data Processing, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to Pavia Kriegman/ Paviaweb.com for the Morris County Cooperative Pricing Council Website in the amount not to exceed $3,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(8) Pavia Kriegman—Webmaster Services for Randolph Township—Not to Exceed $6,000.00

R-33-12

WHEREAS, the Township of Randolph has a need to acquire Pavia Kriegman/Paviaweb.com pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Pavia Kriegman/Paviaweb.com has indicated she will provide the Webmaster Services for Randolph Township for $500.00 per month not to exceed $6,000.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2012 Budget, Data Processing, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to Pavia Kriegman/ Paviaweb.com for the Randolph Township Website in the amount not to exceed $6,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(9) Ferriero Engineering—Consulting Engineer—Not to Exceed $84,000.00

R-34-12

WHEREAS, the Township of Randolph has a need to acquire Ferriero Engineering Inc. pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Ferriero Engineering, Inc. has indicated they will provide the Consulting Engineer Services to Provide Staff Support for an amount not to exceed $84,000.00; and

WHEREAS, Ferriero Engineering, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that Ferriero Engineering, Inc. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Ferriero Engineering, Inc. from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2012 Budget, Engineering, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to Ferriero Engineering for Consulting Engineer to Provide Staff Support in the amount not to exceed $84,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(10) Anthony M. Bucco, Jr.—Negotiations and Preparation of Developer’s Agreements—Not to Exceed $15,000.00

R-35-12

WHEREAS, the Township of Randolph has a need to acquire Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and,

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC has indicated they will provide the Legal Services with Regard to Negotiations and Preparation of Developers’ Agreements for an amount not to exceed $15,000.00; and

WHEREAS, Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC has completed and submitted a Business Entity Disclosure Certification which certifies that Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 Various Escrow Accounts to award a contract to Anthony M. Bucco of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, PC, for Legal Services with regard to Negotiations and Preparation of Developer’s Agreements in the amount not to exceed $15,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(11) John E. Horan—Public Defender—Not to Exceed $14,000.00

R-36-12

WHEREAS, the Township of Randolph has a need to acquire John E. Horan of Horan & Aronowitz pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, John E. Horan of Horan & Aronowitz has indicated they will provide the Public Defender Services for an amount not to exceed $14,000.00; and

WHEREAS, John E. Horan of Horan & Aronowitz has completed and submitted a Business Entity Disclosure Certification which certifies that John E. Horan of Horan & Aronowitz has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit John E. Horan of Horan & Aronowitz from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the General Trust Fund - Public Defender, to award a contract to John E. Horan of Horan & Aronowitz for Public Defender Services in the amount not to exceed $14,000.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(12) Buzak Law Group—Township Legal Services—Not to Exceed $292,200.00

R-37-12

WHEREAS, the Township of Randolph has a need to acquire The Buzak Law Group, LLC pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, The Buzak Law Group, LLC has indicated they will provide the Township Legal Services for an amount not to exceed $292,200.00; and

WHEREAS, The Buzak Law Group, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that The Buzak Law Group, LLC has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit The Buzak Law Group, LLC from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 2012 Budget, Legal, Other Expenses, and Water and Sewer, Other Expenses, to award a contract to the Buzak Law Group, LLC, for Township Legal Services in the amount not to exceed $292,200.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(13) Fred Semrau—Special Counsel for Tax Appeals—Not to Exceed $19,000.00 Plus $600.00 Per Day for Trials

R-38-12

WHEREAS, the Township of Randolph has a need to acquire Fred Semrau of Dorsey & Semrau, LLC pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Fred Semrau of Dorsey & Semrau, LLC has indicated they will provide the services of Special Counsel for Real Property Tax Appeal Litigation for an amount not to exceed $19,000.00 plus $600.00 per day for trials; and

WHEREAS, Fred Semrau of Dorsey & Semrau, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Fred Semrau of Dorsey & Semrau, LLC has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Fred Semrau of Dorsey & Semrau, LLC from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2012 Budget, Legal, Other Expenses, to award a contract to Fred Semrau of Dorsey & Semrau, LLC, for Special Counsel for Tax Appeals in the amount not to exceed $19,000.00 plus $600.00 per day for trials.

_____________________________
Michael J. Soccio
Chief Financial Officer

(14) James K. Pryor—Conflict Public Defender—$300.00 per Case—Not to Exceed $2,500.00

R-39-12

WHEREAS, the Township of Randolph has a need to acquire the Law Offices of James K. Pryor Esq. pursuant to the provisions of N.J.S.A. 19:44A-20.4; and,

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition in addition to others may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, the Law Offices of James K. Pryor Esq. has indicated they will provide the Conflict Public Defender Services for $300.00 per case and an amount not to exceed $2,500.00; and

WHEREAS, the Law Offices of James K. Pryor Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that the Law Offices of James K. Pryor Esq. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit the Law Offices of James K. Pryor Esq. from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the General Trust Fund - Public Defender, to award a contract to the Law Offices of James K. Pryor, Esq., for Conflict Public Defender Services in the amount not to exceed $2,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(15) Ben Horten Architecture & Design—Services With Regard to the Senior Center/Library Project—Not to Exceed $8,450.00

R-40-12

WHEREAS, a contract was awarded to Ben Horten Architecture and Design on October 7, 2008, with regard to the Senior Center and Library Project pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Ben Horten Architecture and Design has indicated that additional funds are necessary to complete these Architectural Services for an amount not to exceed $8,450.00; and

WHEREAS, Gail Catania, Purchasing Agent, has determined that the value of the acquisition will not exceed $17,500.00; and

WHEREAS, funds are available for this purpose.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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, Senior Center/Library Renovations, to award a contract to Ben Horten Architecture and Design for Completion of Architectural Services with Regard to the Senior Center and Library Project in the amount not to exceed $8,450.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(16) EcolSciences—Supplemental Remediation Investigation of EA Porter Site at 42 Bennett Avenue—Not to Exceed $99,500.00

R-41-12

WHEREAS, the Township of Randolph has a need to acquire EcolSciences, Inc. pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined and certified in writing that the value of the acquisition may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, EcolSciences, Inc. has indicated they will provide the Supplemental Remedial Investigation at 42 Bennett Avenue for an amount not to exceed $99,500.00; and

WHEREAS, EcolSciences, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that EcolSciences, Inc. has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit EcolSciences, Inc. from making any reportable contributions through the term of the contract; and

WHEREAS, funds are available for this purpose.

BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 1, 2006

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 the Housing Trust Fund to award a contract to EcolSciences, Inc., for Supplemental Remediation Investigation at 42 Bennett Avenue in the amount not to exceed $99,500.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

(17) Garden State Laboratories—Testing and Laboratory Services—Not to Exceed $7,650.00

R-42-12

WHEREAS, the Township of Randolph has a need to acquire Garden State Laboratories, Inc., pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, Gail Catania, Purchasing Agent, has determined that the value of the acquisition in addition to others may exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Garden State Laboratories, Inc., has indicated they will provide the testing in their proposal for an amount not to exceed $7,650.00; and

WHEREAS, funds are available for this purpose; and

WHEREAS, Garden State Laboratories, Inc., has completed and submitted a Business Entity Disclosure Certification which certifies that Garden State Laboratories, Inc, has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Garden State Laboratories, Inc. from making any reportable contributions through the term of the contract.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 10, 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 the 2012 Budget, Health Department, Other Expenses, to award a contract to Garden State Laboratories, Inc., for Testing Samples Collected by the Township in the amount not to exceed $7,650.00.

_____________________________
Michael J. Soccio
Chief Financial Officer

K. Raffles

On-Premise 50/50, Randolph PTO Council, March 30, 2012, 6:00 p.m. to 11:00 p.m., at the Skylands of Randolph, 792 Route 10 West, Randolph

Tricky Tray, Randolph PTO Council, March 30, 2012, 6:00 p.m. to 11:00 p.m., at the Skylands of Randolph, 792 Route 10 West, Randolph

On-Premise Merchandise Raffle, Randolph PTO Council, March 30, 2012, 6:00 p.m to 11:00 p.m., at the Skylands of Randolph, 792 Route 10 West, Randolph

On-Premise Power Raffle, Randolph PTO Council, March 30, 2012, 6:00 p.m. to 11:00 p.m, at the Skylands of Randolph, 792 Route 10 West, Randolph

ORDINANCES

A. Introduction

(1) Amending and Supplementing Section 31-54—Crosswalks

Manager Lovell noted that several staff members and Deputy Mayor MacArthur went through the process of looking at the proposed ordinance. Several concerns were raised, including the following:

The group felt uncomfortable stating that any of the crosswalks going across Route 10 were safe and this issue will be addressed with state officials
There was a question concerning whether or not there was an adequate site line at the crosswalk on Sussex Turnpike at Tucker Avenue, and the Engineer has since reported that there is indeed adequate site line
South Salem Street is four lanes wide where one crosswalk exists and the question was raised if there is adequate time to get across the street safely—Police Officer Edelman has contacted the County Engineer and sent a letter to the Board of Chosen Freeholders asking them to study this crosswalk
Councilman Loveys has indicated that language used in the ordinance may not include a crosswalk on South Salem Street at Franklin

The Council indicated that the proposed ordinance will be put on hold until February.

(2) Re-Adopting Chapter 39—Property Maintenance Code

Manager Lovell stated that this ordinance will re-enact an ordinance that had expired with a sunset clause dealing with the maintenance of rental properties. The Manager suggests the Council adopt this ordinance and make it permanent legislation for the Township. The Health Department has been very judicious about the enforcement of the ordinance and it has been a helpful tool.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-ADOPTING CHAPTER 39, PROPERTY MAINTENANCE CODE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced and read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 2nd of February, 2012, at 7:00 p.m. prevailing time at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said Ordinance.

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

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

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

NAYS: None

DISCUSSION ITEMS

(1) Presentation—United Cerebral Palsy Executive Director Andrea Krich and Housing Supervisor Lisa Peterson to Discuss Independent Living Facility at 7 Main Street

Manager Lovell noted that Randolph has had a wonderful history with a number of group homes operating within its boundaries. United Cerebral Palsy has operated a home at 7 Main Street for many years and it has become part of the fabric of that neighborhood. The United Cerebral Palsy Group is seeking a grant through the Community Development Block Grant Program to put on a new roof, install a new septic system, and to upgrade a bathroom to make it ADA compliant.

A brief presentation was made by Ms. Krich and Ms. Peterson, after which the Council indicated that they look favorably upon the application of The United Cerebral Palsy Group for a Community Development Block Grant.

(2) Communications Task Force, Electronic Message Signs at DPW and Library/Community Center, and Swiftreach Contract

Deputy Mayor MacArthur noted that the task force implemented by Mayor Guadagno has met twice. The framework for approaching this issue was broken down to three areas:

Protocols, which are decisions that would be made ahead of time about how certain things would happen
Systems, which covers all of the communications systems that are used
Infrastructure, which are the things in the background that are supporting the whole endeavor

The Deputy Mayor’s comments included the following:

A questionnaire developed by the sub-committee was sent to Manager Lovell which asked for information who are the current communication providers, what systems are currently being used, where cell towers are located, etc.
Communication was broken down into three categories—true emergencies, advisory communications, and informational communication
Emergency communications, such as the recent water main break, would be issued automatically through all of the land lines in Randolph
Advisory communications, such as icy road conditions or road closures, would be issued to residents who chose to opt in to the Swiftreach system
Informational communication is outside of the scope of the task force
The second protocol defined by the sub-committee was the interval for communication
The sub-committee concluded that the first notice, which will be made by the appropriate person empowered by the State to declare an emergency, must include a time table for subsequent communication
The web site can be used for communications, however it becomes vulnerable with high traffic which could be trigged by an emergency
The sub-committee would like to see redundancy in communication with residents and believes a non-interactive Facebook site could be used efficiently during an emergency which would be less likely to experience problems due to high volume
Swiftreach is a high speed hosted notification service through land lines, cell phones, texts, and emails
Swiftreach has the capability of reaching every resident in town of an emergency or advisory within a couple of hours
Utilizing Swiftreach would not require a capital investment and Randolph could utilize an existing state contract and get pricing preference
All land lines in Randolph would be automatically registered for emergency communications, and those residents who opt to receive advisory communications would be able to find a link of the Township web site to register their cell phones or email addresses
There is also a feature on Swiftreach that would reach out daily to registered senior citizens as a safety precaution
The list of phone numbers registered on Swiftreach would not be shared with other businesses or entities
The next meeting of the sub-committee will focus on using different technology, such as Tablets or Smart Phones
Electric signs have been useful, and the sub-committee is recommending three permanent signs and two mobile signs
The sub-committee will be discussing cell towers at a future meeting

The Deputy Mayor is hoping that the Council will give the authorization to pursue a contract for unlimited service costing approximately $10,000.00 a year.

Council indicated agreement to proceed with the unlimited program.

Manager Lovell’s comments regarding electronic signs included the following:

The Township has three campuses—the Municipal complex, the Library/Community Center, and the DPW complex
The DPW and Library/Community Center will be getting electronic signs as reconstruction at these sites is completed
The purchase of electronic signs will be a bid situation
The Manager’s preference is for double-faced signs with lighter colored lettering
The signs can be programmed from inside the building and are easy to maintain
Currently the ordinance does not allow for permanent electronic signs
The Manager will be making a presentation to the Planning Board to discuss the issue with them
Manager Lovell stressed that the signs will be used for municipal activities only
The Manager will meet with the Board of Education to see if an electronic sign could be shared between the two entities
The Township currently has one mobile sign that was purchased by the Health Department with grant money
The Manager believes a second mobile sign would be beneficial

Manager Lovell stated that he has appointed Russ Newman to be in charge of sheltering issues at the Community Center and VFW as they will be used during emergencies. The Township is applying for a grant this year to make the VFW ADA compliant. The purchase of an inexpensive generator at the VFW is being considered.

Deputy Mayor MacArthur has asked Mr. Newman to prepare a Memorandum of Understanding that would go to the high school and YMCA proposing to use shower facilities during an emergency.

Mayor Guadagno thanked the sub-committee for their efforts and asked that they report again at a future Council meeting.

Council indicated unanimous approval and support of electronic signs at the DPW and library.

(3) Amending and Supplementing Chapter 44—Sidewalk Maintenance

Manager Lovell noted that this item came about as a result of a resident requesting that a healthy tree in front of their house which was impacting the sidewalk be taken down. The Manager responded to the resident that homeowners share liability with regard to the maintenance of sidewalks on their property. However, after a search by the Township Clerk, it has been determined that Randolph is one of a handful of communities that does not have such an ordinance in place. Simultaneously, the Engineer has indicated that new ADA regulations are coming with regard to sidewalk systems which will require ramps and maintenance such as snow removal. As roads are repaved, sidewalks will be made compliant with the addition of ramps. However there is no ordinance in place regarding the maintenance and repair of sidewalks.

Deputy Mayor MacArthur expressed concern regarding language in two sections of the ordinance dealing with maintenance and repair responsibilities. He believes that the language leaves the burden for maintenance and repair on the town and he would like to see the language clarified that the responsibility rests with the homeowner.

Councilman Loveys stated that he disagrees with an ordinance that places responsibility of sidewalk repair and maintenance on the homeowner. The pedestrian access ways in public right-of-ways were created by the Township and he does not agree that the homeowner, who possibly did not have the ability to choose whether or not they wanted the sidewalk, should be burdened with the expense of maintaining it.

Manager Lovell stated that Councilman Loveys raises a valid argument. However, the Manager’s response is that the Township does not maintain sidewalks except for those that front municipal properties. There are numerous sidewalks in town that contain trip hazards, and his concern is that the town would get sued for being irresponsible if someone were to get injured.

Deputy Mayor MacArthur stated that he views the issue differently than Councilman Loveys. He believes sidewalks are beneficial in neighborhoods and it should be the responsibility of the primary beneficiary to maintain them.

Councilman Loveys countered that the property owner does not own the sidewalk in that his property line does not run to the curb.

Councilman Obremski responded that the homeowner owns the property to the curb. The public right-of-way permits another party to go in there.

Mr. Buzak noted that the law concerning this issue is very complicated and much depends upon the manner in which the street was dedicated to the public. While placing the burden of sidewalk maintenance on the property owner, this proposed ordinance does not necessarily shift the ultimate liability to the homeowner in terms of some tort claims that could be made. These types of ordinances are typical throughout the state.

Councilwoman Veech asked what would happen if, under the proposed ordinance, the Township were to give notice to a homeowner that repairs to the sidewalk were necessary but the homeowner did not make those repairs and someone gets hurt.

Mr. Buzak responded that since the homeowner had been given notice, Randolph would be better protected from a lawsuit, however not completely immune.

Councilwoman Veech suggested the possibility that homeowners contact the Township when repairs are necessary and have our own crews make those repairs and bill the homeowner.

Deputy Mayor MacArthur cautioned that the complexity of the issues of ownership and tort possibilities not confuse the issue. Public safety demands that sidewalks be maintained and free from snow and ice. The Township is unable to maintain all of the sidewalks in town, especially during storms when all efforts are focused elsewhere. The only practical way to maintain sidewalks is through this type of ordinance.

Councilwoman Veech asked about the time limit imposed in the current ordinance for snow and ice removal.

Manager Lovell responded that he and the staff use a more practical approach to enforcement and are mostly concerned with clearing sidewalks designated as school routes.

Councilwoman Mitsch made a motion to introduce a proposed ordinance on this issue at the next Council meeting. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Mitsch
Councilman Napoliello
Councilman Obremski
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: Councilman Loveys

(4) Cancel Budget Work Session—Saturday, January 28, 2012

Manager Lovell noted that he is canceling the budget session scheduled for January 28 and would like to schedule a budget session for March 3 beginning at 8:30 a.m.

The Council approved the March 3 budget session.

OPEN TO PUBLIC

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

COUNCIL COMMENTS

Manager Lovell noted the passing of Alex DeCroce.

Councilman Napoliello attended a Freight Railroad Advisory Meeting where there was a presentation by a member of the County Planning Board concerning how to react to a train stop or train tracks. He would be willing to present this at the schools and the Councilman suggested the liaison bring it to the attention of the School Board.

Deputy Mayor MacArthur attended a recent Traffic Advisory Committee meeting. The committee expressed concern with the reduction of police summonses over the past couple of years and believe too many cuts have been made to the police force and more officers should be writing tickets. Their concern is that traffic safety is being compromised and that a police officer can write more tickets than what he would cost. The Traffic Committee also believes that the Council erred a year ago in not pursuing a Click It or Ticket grant and has asked the Council to reconsider and apply for the grant this year. The Deputy Mayor asked that the Traffic Committee be advised of meetings regarding Route 10 issues.

Councilwoman Veech attended the recent Board of Health meeting where there was a review of the solid waste ordinance. The Board has asked that the ordinance be changed to reflect the new regulation prohibiting more than two containers placed at the curb for pick up. The Councilwoman reported that a bill was passed by both Houses in Trenton that require a parent teaching program similar to the one Randolph has had in place for the last 4 1/2 years. The Governor is expected to sign the bill within ten days. Councilwoman Veech will be attending the Library Board of Trustees meeting on January 12.

Mayor Guadagno noted that branches are still falling from damaged trees and asked if there was a plan for picking those up.

Manager Lovell has instructed the crews that if there is a major pile they are to pick it up. A tree company will be brought in to deal with dangerous limbs along roadways. Left over branches will be collected during the Spring clean up.

Mayor Guadagno noted that he attended a recent event honoring girls that have achieved Bronze, Silver and Gold. He would like to invite the girls achieving Gold to be invited to a Council meeting for the presentation of plaques. Mayor Guadagno asked what could be done about political and other signs left around town streets since the current ordinance doesn’t seem to be working.

Councilman Loveys noted for the record that he missed the Parks Committee meeting tonight since it coincided with the Council meeting. He did attend the recent Safety Committee Meeting where Mr. Spring supplied a monthly Safety Meeting schedule and all departments have been invited to participate.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 9:25 p.m. Councilman Napoliello seconded the motion, and a voice vote was unanimous.

_______________________________
Donna Marie Luciani
Township Clerk