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

Minutes: January 17, 2013

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor MacArthur. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 7, 2012, by e-mailing them the annual resolution adopted by the Council on November 29, 2012. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 13, 2012.

2. Roll Call

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

ABSENT: None

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

3. Mayor MacArthur led the Pledge of Allegiance

B. EXECUTIVE SESSION

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

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

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

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

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

Litigation—Auburn Data v Board of Adjustment (American Tower)

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

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

Councilman Guadagno made a motion to move into Executive Session at 7:00 p.m. Councilman Hirniak seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to return to Open Session at 7:45 p.m. Councilman Hirniak seconded the motion, and the following roll call vote was taken:

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

NAYS: None

C. APPOINTMENTS

Mayor MacArthur stated that there were no appointments; however, the following committee positions are currently open:

Traffic Advisory Committee—1 alternate position expiring 12/31/13
Landmarks Committee—1 position
Environmental Commission—1 student liaison position

D. OPEN TO THE PUBLIC

Morris County resident and General Manager of Allied Oil, LLC, Robert Goldstein, requested that no action be taken regarding Combined Action Resolution Item #36 until the attorneys representing Allied Oil’s interests have an opportunity to talk to the Township attorney.

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

E. MANAGER’S REPORT

Manager Lovell reported that the Swiftreach 911/Reverse 911 program was utilized twice in the previous week to notify a targeted area of residents of cancellations of recycling collections due to snow storms. It was again utilized the morning of this meeting to inform a targeted area of residents of a water main break. The Manager expressed his appreciation to the Council for their support in allowing for the acquisition of the technology.

F. COMBINED ACTION RESOLUTIONS

Mayor MacArthur temporarily pulled Item #36 until it could be further discussed by the Council.

The following issues were discussed regarding the Combined Action Resolution Items:

• Item #13, please clarify. Manager Lovell reported that throughout the construction of the Public Works building, Charles Schaffer worked with Paul Ferriero and the staff to clarify issues and resolve problems which resulted in additional cost for his services.
• Item #18, please clarify. Manager Lovell reported that in the original design, the architect proposed an elevator that was inappropriate for the building, it did not have the necessary weight classification for a building of its size and use. That resulted in a Change Order to upgrade and make changes to the building to accommodate a larger elevator, and during the process, the building code changed. In order to get a Certificate of Occupancy for the project, it must be code compliant with the codes that are in place at the time the C.O. is issued.
• Item #35, please provide background on the agreement with CCM for printing. Manager Lovell reported that over the years the Township has gone out to public bid for printing contracts. Purchasing Agent Liz Crescibene has been meeting with a representative from CCM who has demonstrated that they underbid the low bidder from the private sector. The Township is setting up this local government services agreement and as projects come in, they will be priced both ways and if CCM is cheaper, the County will be used.
• Item #38, the asphalt paver. Manager Lovell reported that Randolph is the lead agency, but through a shared services agreement, the paver will be shared with Roxbury and Denville with each paying 1/3 toward the acquisition. The Township is now moving forward with the contract award, but will not release this contract until the signed shared services agreements are returned from the other towns.

1. Councilman Guadagno made a motion to approve the Combined Action Resolutions except for Item #36. Councilwoman Veech seconded the motion and the following roll call vote was taken:

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

NAYS: None

2. Refund Overpayment of Taxes for Block 42, Lot 122.03 to Arrowgate Village—2010—$3,224.00 and 2012—$6,902.34

R-26-13

WHEREAS, Arrowgate Village has been granted a reduction in assessed valuation for the tax years 2010 & 2012, by the Tax Court of New Jersey on Block 42, Lot 122.03, known as 930 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $3,224.00, 2012 in the amount of $6,902.34.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $10,126.34 to Arrowgate Village.

3. Refund Overpayment of Taxes for Block 77, Lot 33 to Quaker Village for 2011—$3,346.00 and 2012—$3,417.00

R-27-13

WHEREAS, Quaker Village, L.P. has been granted a reduction in assessed valuation for the tax years 2011 and 2012 by the Tax Court of New Jersey on Block 77, Lot 33 known as 312 Quaker Church Road; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $3,346.00, and $3,417.00 for 2012.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $6,763.00 to Quaker Village, L.P.

4. Release Escrow Funds for Block 195, Lot 12 to Hawthorne Commercial Property—$237.50

R-28-13

WHEREAS, the Planning and Zoning Department received escrow funds from Hawthorne Commercial Prop., 10 West 33rd Street, Suite 800, New York, NY, Block 195, Lot 12, and in the amount of 2,500.00; 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 $237.50 be refunded to Hawthorne Commercial Prop., 10 West 33rd Street, Suite 800, New York, NY 10001.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

5. Release Escrow Funds for Block 195, Lot 12 to Hawthorne Commercial Property—$628.75

R-29-13

WHEREAS, the Planning and Zoning Department received escrow funds from Hawthorne Comm. Prop., 10 West 33rd Street, Suite 800, New York, NY, Block 195, Lot 12, 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 $628.75 be refunded to Hawthorne Comm. Prop., 10 West 33rd Street, Suite 800, New York, NY 10001.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

6. Release Escrow Funds for Block 199, Lot 1.14 to Arthur Ortega—$716.50

R-30-13

WHEREAS, the Planning and Zoning Department received escrow funds from Arthur Ortega, 38 Roc Etam Road, Randolph, NJ, Block 199, Lot 1.14, 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 $716.50 be refunded to Arthur Ortega, 38 Roc Etam Road, Randolph, NJ 07869.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

7. Release Escrow for Block 137, Lot 7 to Randolph Chemical Engine Co. No. 2—$500.00

R-31-13

WHEREAS, the Planning and Zoning Department received escrow funds from Randolph Chemical Engine Co. No 2, 340 Route 10 West, Randolph, NJ, Block 137, Lot 7, and in the amount of 500.00; 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 $500.00 be refunded to Randolph Chemical Engine Co. No. 2, 340 Route 10 West, Randolph, NJ, 07869.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

8. Release Escrow Funds to Block 44, Lot 25 to Ingerman Development—$267.00

R-32-13

WHEREAS, the Planning and Zoning Department received escrow funds from Ingerman Development Co., 725 Cuthbert Blvd., Cherry Hill, NJ, Block 44, Lot 25, and in the amount of $2,000.00; 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 $267.00 be refunded to Ingerman Development Co., 725 Cuthbert Blvd., Cherry Hill, NJ 08002.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

9. Release Escrow for Block 49, Lot 30 to Harbor Hills Day Camp—$44.75

R-33-13

WHEREAS, the Planning and Zoning Department received escrow funds from Camp Odyssey, PO Box 516, Mt. Freedom, NJ 07960, Block 49, Lot 30, and in the amount of 6,000.00; 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 $44.75 plus interest be refunded to Harbor Hills Day Camp, PO Box 516, Mt. Freedom, NJ 07960.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

10. Release Escrow Funds for Block 49, Lot 30 to Harbor Hills Day Camp—$1,735.00

R-34-13

WHEREAS, the Planning and Zoning Department received escrow funds from Harbor Hills Day Camp, PO Box 516, Mt. Freedom, NJ 07960, Block 49, Lot 30, and in the amount of 2,500.00; 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 $1,735.00 be refunded to Harbor Hills Day Camp, PO Box 516, Mt. Freedom, NJ 07960.

_______________________________________
Darren Carney, Planning & Zoning Administrator
Date:

11. Release Road Opening Cash Bond for Water Line Connection at 47 Harmony Road to Brian Cousey—$500.00

R-35-13

WHEREAS, the Engineering Department has received a request from David Cousey for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the water line at 47 Harmony Rd., Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on September 22, 2009 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection of the water line at 47 Harmony Rd. within the Township Right of way, and;

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

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Cash Road Opening Bond in the amount of $500.00 be refunded to David Cousey, 9 Sutton Rd., Hopatcong, NJ 07843.

12. Amending 2012 Resolution for All Township Vehicles MCCPC Contract #1—Motor Gasoline—not to exceed $235,000

R-36-13

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #1 Motor Gasoline as needed for all departments in the township; and

WHEREAS, the original resolution indicated the purchases would not exceed $225,000.00; and

WHEREAS, purchases under this contract were more towards year’s end than anticipated; and

WHEREAS, those additional purchases totaled approximately $10,000.00; 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 amendment of R 173-12 from $225,000 to $235,000 to purchase from Morris County Cooperative Pricing Council Contract #1 Motor Gasoline as needed for all departments in the township.

13. Authorizing the Award of Professional Services Agreement to Charles Shaffer for Architectural Services for Township’s Maintenance Facility—not to exceed $5,325

R-37-13

WHEREAS, the Township of Randolph (“Township”) has a need to retain Charles Schaffer Assoc LLC for architectural services related to the Township’s Maintenance Facility; and

WHEREAS, the Township has agreed to retain Charles Schaffer Assoc LLC located at 288 Newton-Sparta Road, Newton, NJ 07860 to provide the necessary architectural services (additional meetings and changes to architectural drawings) for the amount not to exceed $5,325; and

WHEREAS, this Professional Services Agreement (PSA) is separate from the PSA awarded on August 4, 2011 to Charles Schaffer Assoc LLC as this is for architectural services and the other was for construction administration services of the Township’s Maintenance Facility; and

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

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

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

1. The Township hereby hires, employs and retains Charles Schaffer Assoc LLC having an office at 288 Newton-Sparta Road, Newton, NJ 07860 to provide architectural services related to the Township’s Maintenance Facility.

2. Charles Schaffer Assoc LLC shall be compensated for a total contract amount not to exceed $5,325.

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

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

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

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

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #5-11, DPW Facility, to award a contract to Charles Schaffer Associates, LLC for Architectural Services Related to the Township’s Maintenance Facility in the amount not to exceed $5,325.00.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-939-300

14. Amending 2012 Resolution for Office Furniture/Supplies for all Township Departments—MCCPC Contract #16—not to exceed $135,000 (Furnishings for DPW and Community Center)

R-38-13

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #16 Office Supplies from various vendors as needed for all departments in the township; and

WHEREAS, the original resolution indicated the purchases would not exceed $50,000.00; and

WHEREAS, furniture purchases from vendors under this contract for the Maintenance Facility, Senior Center/Recreation Complex and other furniture purchases were not included in that original resolution; and

WHEREAS, those furniture purchases totaled approximately $85,000.00; 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 amendment of R 179-12 from $50,000 to $135,000 to purchase from Morris County Cooperative Pricing Council Contract #16 Office Supplies and furniture as needed for all departments in the township.

15. Authorizing Award of PSA to Animal Clinic of Morris Plains for 2013 Veterinary Services—not to exceed $14,000.00

R-39-13

WHEREAS, the Township of Randolph (“Township”) requires Veterinary Services services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Animal Clinic of Morris Plains located at 3009 Route 10, Morris Plains, NJ 07950 to provide the necessary Veterinary Services services for a total amount not to exceed $14,000; and

WHEREAS, the contract with Animal Clinic of Morris Plains is for a total amount not to exceed $14,000 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Animal Clinic of Morris Plains submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Animal Clinic of Morris Plains has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Animal Clinic of Morris Plains having an office at 3009 Route 10, Morris Plains, NJ 07950 to provide Veterinary Services for calendar year 2013.

2. Animal Clinic of Morris Plains shall be compensated for a total contract amount not to exceed $14,000.

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

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

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

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

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the Dog License Fund, to award a contract to Animal Clinic of Morris Plains for regular Veterinary Services for 2013 in the amount not to exceed $14,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 12-225-00-000-002

16. Authorizing Shared Services Agreement for Randolph to Provide Town of Dover with Animal Control Services

R-40-13

WHEREAS, the Town of Dover wishes to obtain Animal Control Services from the Township of Randolph.

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2013.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the Contract with the Town of Dover.

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

17. 2013 Temporary Budget

R-41-13

WHEREAS, 40A:4-19 Local Budget Act provides that (where any contracts, committments or payments are to be made prior to the final adoption of the 2013 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, 2013; and

WHEREAS, the total general appropriations in the 2012 Budget, exclusive of any appropriations made for Interest and Principal of Debt, Capital Improvements and Public Assistance is the Sum of $30,875,345; and

WHEREAS, 26.25 percent of this total is the sum of $8,104,778.

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:

18. Authorize Change Orders #29 & #30 for Community Center—Library by ML Inc.—New Total $2,430,405.77

R-42-13

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

WHEREAS, Change Orders #1-28 were previously approved and resulted in a increase of $220,960.94; and

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

Change Order #29—Modify Elevator per new code as directed by Schindler Elevator and State Code Enforcement for an increase of $2,609.83.

Change Order #30—Reduction in the amount of $7,165.00 for carpet not installed in Library Lobby and construction damaged areas.

WHEREAS, the revised contract with ML Inc., including all change orders is, $2,430,405.77

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

CERTIFICATION OF AVAILABILITY OF FUND

Dated: January 17, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #2-10, Renovations to the Community Center/Library/VFW, to amend the contract with ML Inc. for Change Orders #29 and #30 for a reduction in the contract of $4,555.17.

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

19. Resolution Opposing to the Approval Process for Non-SHBP Health Insurance Plans

R-43-13

Whereas, the New Jersey Local Finance Board and the New Jersey Department of Education have proposed rules requiring that all labor contracts providing for health insurance outside the State Health Benefits Program need to be approved by the State and requiring that local entities and school boards perform a static comparison of health insurance costs to State Health Benefit Program costs; and

Whereas, these rules are in conflict with Section 42.c of Chapter. 78, which is ostensibly used as authority for the regulation, but is actually meant only to apply to public entities wishing to enter into contract that included a contribution schedule from employees that substitutes for that as laid out in the statute; and

Whereas, the regulations, as proposed, extends this authority to require all public entities electing not to provide health benefits through the State Health Benefits Plan (SHBP) and the School Employees’ Health Benefits Program (SEHBP) to submit to the process established under the proposed regulation; and

Whereas, this interpretation that is contrary to the regulations is supported by:

• The plain reading of the statute;
• The explanation contained in Local Finance Notice (LFN) 2011-20R, Section VI. Alternate Employee Health Care Contribution; and
• The following language from the “Statement” found at page 121, line 35 of the Bill (underlining added):

The bill allows boards of education and units of local government, that do not participate in the SHBP or SEHBP, to enter into contracts for health care benefits coverage, as may be required to implement a collective negotiations agreement, and agree to different employee contribution rates if certain cost savings in the aggregate over the period of the agreement can be demonstrated. The savings must be certified to the Department of Education or the Department of Community Affairs, as appropriate.

; and

Whereas, the proposed regulation is cumbersome and places a significant burden on any public body intending to utilize the employee contribution schedule contained within the law, but wishing obtain health benefits outside the SHBP or SEHBP; and

Whereas, the de facto effect of this regulation, if adopted, will be to drive public bodies into the SHBP or SEHPB and stifle competition; and

Whereas, New Jersey already has one of the nation’s most uncompetitive health insurance markets according to the Henry J. Kaiser Family Foundation (October 2011):

• In the individual market, one carrier, Horizon BCBS, controls 73% of the market with only two carriers having 5% or more of the market.
• The same carrier controls over 75% of the governmental market, largely by virtue of its relationship with the SHBP and SEHBP.
• Finally, Horizon controls 43% of the small group market; and

Whereas, if the regulation causes a significant number of local entities to move to the SHBP and SEHBP, a negative result will be to increase market concentration and further reduce carrier competition in the State; and

Whereas, this will result in an increase in fully insured costs for other persons, governmental entities, not for profits, and business in the State; and

Whereas, the regulations’ definition of “net employer cost” is not inclusive of all relevant items and should be modified:

• For instance, members of JIFs own a proportionate share of fund surplus that should be included in a valid comparison.
• Likewise, JIF members receive dividends that reduce net employer cost.
• Finally, JIF rates could include supplemental assessments that represent a liability to the member regardless of whether it stays in the joint insurance fund or moves to the SHBP.; and

Whereas, most local entity labor contracts cover multiple year periods:

• A comparison using the most current year is misleading and invalid because the comparison can change in subsequent years.
• In addition, school districts that belong to health JIFs renew on July 1 of each year.
• The differences in renewal cycles between the health JIF, the SEHBP, and the commercial market will further complicate comparisons; and

Whereas, the regulations do not address differences in plan design between an employer plan and the plan or plans offered by the SHBP and the SEHBP and such differences are critical to any valid comparison of plan economics; and

Whereas, the regulations do not address legal restraints on local entities considering their obligations to retirees, and obligations to employee groups that are not a part of the contract in question; and

Whereas, in situations where a local health plan has negotiated benefits that are richer than, or even different than, those provided by the SHBP and SEHBP, the local unit will be subject to sanctions for failing to honor its labor agreements; and

Whereas, the comparison is burdensome to local units and of limited use given that the requested details do not allow for a valid comparison of net cost and benefits; and

Whereas, SEHBP rates are reduced by the amount of the A4 retiree surcharge paid by entities not in the state plan and the rates for local school districts not in the SEHBP are increased by the surcharge further limiting the fairness and utility of the comparison; and

Whereas, SEHBP and SHBP rates in the past have been impacted by one time sources of revenue such as the Tobacco settlement and the use of one time sources of revenue that are not available to local units does not permit for a fair and valid comparison; and

Whereas, the regulations favor the SEHBP and SHBP to the exclusion of health joint insurance funds (JIFs) that have faithfully served New Jersey local government, under enabling statutes, for over 20 years:

• Health JIFs are a valid alternative for entities with unique plan designs, good loss experience, and a willingness to participate in JIF governance.
• Health JIFs are the largest “shared services” effort in the State for local government from a revenue standpoint.
• To the extent that the regulations operate to the disadvantage of health JIFs, the regulations are in opposition to, and indeed are hostile to, statutes that authorize JIF creation and operation.
• By extension, the regulations foster a “big government” mentality and are hostile to both “shared services” and “home rule” concepts.
• If the regulation seeks to encourage “due diligence,” then members of the SEHBP and SHBP should also be required to compare their claims and cost to the health JIF and commercially insured alternatives.

Now, therefore, be it resolved, that, for the foregoing reasons, we respectfully beseech that the Departments modify and reissue the proposed regulations to:

• Apply only when a local unit proposes an employee contribution schedule different from that contained in the statute;
• Require any comparison to take into consideration differences in plan design and eligibility;
• Require the evaluation criteria to consider dividends received from a health JIF and shares of surplus retained by the health JIF;
• Promote, rather than undermine, healthy competition among the various options available to local units shopping for health insurance;

Be it further resolved that certified copies of this resolution is forwarded to Governor Christie, the NJ Local Finance Board, the NJ Department of Education, and to local legislative representatives.

20. Find C&L Towing in Contract Default/Rescind Contract

R-44-13

WHEREAS, the Township of Randolph advertised for the Towing Services for a two-year contract and received bids on August 30, 2012; and

WHEREAS, at their meeting of September 27, 2012 via the adoption of resolution R 293-12 the Township awarded a two-year contract for the period of October 1, 2012 through September 30, 2014 to Napoli Transportation dba C&L Towing Service of Kenvil, NJ (“C&L Towing”) as the lowest responsive, responsible bidder for towing services for the following prices:

Basic Towing—Days: $0 flat rate,
Basic Towing—Nights, Weekends, NJ State Holidays, $0 flat rate
Storage (Daily Rate): $0; and

WHEREAS, the Township has received copies of numerous bills from individuals that demonstrate that C&L Towing is overcharging for services in violation of the contract and the prices bid; and

WHEREAS, on December 17, 2012, the Township Attorney sent a Notice of Violation to C&L Towing detailing the incorrect charges that had been billed and declaring C&L Towing in default of the contract; and

WHEREAS, C&L Towing and the Township have agreed to settle this matter as specifically set forth below; and

WHEREAS, the Township desires to declare C&L Towing in default of the contract, cancel the contract and settle the matter with C&L Towing as specifically set forth below.

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

1. The contract awarded to Napoli Transportation dba C&L Towing Service of Kenvil, NJ, for Township towing services for the period of October 1, 2012 through September 30, 2014 is hereby cancelled effective immediately due to the default of C&L Towing. Said contract is cancelled for the purposes of enabling the Township to contract for towing services with another vendor. The Township specifically reserves any and all rights in connection with C&L Towing’s default under the contract (call the performance bond, impose penalties, etc), subject to the terms and conditions set forth below.

2. The Township agrees to waive calling the performance guarantee and waive the imposition of penalties, subject to compliance with the following:

a. By January 25, 2013, C&L Towing shall submit to the Township all invoices billed for towing services provided pursuant to the Township contract for the period of October 1, 2012 through January 17, 2012.

b. By February 15, 2013, C&L Towing shall submit to the Township proof that all payments made to C&L Towing in violation of the Township contract have been reimbursed in full to the appropriate motorists.

c. C&L Towing acknowledges that it will be deemed a non-responsible bidder and its bid will be rejected by the Township in the event it submits a bid on the rebid of this towing services contract.

3. This resolution is effective immediately.

21. Award Temporary Contract to Tony’s Towing

R-45-13

WHEREAS, the Township of Randolph advertised for the Towing Services—REBID Bid for a two-year contract and received bids on August 30, 2012; and

WHEREAS, at their meeting of September 27, 2012 via resolution R 293-12 the Township awarded a two-year contract to Napoli Transportation dba C&L Towing Service of Kenvil, NJ as the lowest responsive, responsible bidder for towing services; and

WHEREAS, the Township has rescinded the contract with Napoli Transportation dba C&L Towing Service for overcharging for services in violation of the contract; and

WHEREAS, a temporary contract needs to be awarded until the services can be rebid; and

WHEREAS, Tony’s Towing & Recovery, Inc., of Dover, NJ, the second bidder, has agreed to perform the services required on a temporary basis for the prices they bid in their proposal of August 30, 2012 which were:

Basic Towing—Days: $125 flat rate,
Basic Towing—Nights, Weekends, NJ State Holidays, $125 flat rate,
Storage (Daily Rate): $45.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a temporary contract be awarded to Tony’s Towing & Recovery, Inc., of Dover, NJ effective immediately until a new contract can be awarded after receipt of new bids.

22. Awarding Professional Services Agreement to Jon Brody for Tax Appeal Appraisals—not to exceed $30,000

R-46-13

WHEREAS, the Township of Randolph (“Township”) requires Tax Appeals Appraisers services for calendar year 2013; and

WHEREAS, the Township has agreed to retain Appraisal Consultant Corp. located at Presidential Center, Ste 200, 293 Eisenhower Pkwy, Livingston, NJ 07039 to provide the necessary Tax Appeals Appraisers services for a total amount not to exceed $30,000 ($160 per hour); and

WHEREAS, Elizabeth Crescibene, Purchasing Agent, has determined and certified in writing that the value of these services will exceed $17,500; and,

WHEREAS, the contract with Appraisal Consultant Corp. is for a total amount not to exceed $30,000 ($160 per hour) and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Appraisal Consultant Corp. submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Appraisal Consultant Corp. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

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

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

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

1. The Township hereby hires, employs and retains Appraisal Consultant Corp. having an office at Presidential Center, Ste 200, 293 Eisenhower Pkwy, Livingston, NJ 07039 to provide Tax Appeals Appraisers services for calendar year 2013.

2. Appraisal Consultant Corp. shall be compensated for a total contract amount not to exceed $30,000 ($160 per hour).

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

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

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

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

7. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in the 2013 Budget, Tax Assessing, Other Expense, to award a contract to Appraisal Consultant Corp for Tax Appeals Appraisers Services for 2013 in the amount not to exceed $30,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-20-150-301

23. Refund Application Fee for 7 Peppermill Ct. to Madeline Gmahle—$95.00

R-47-13

WHEREAS, Thomas and Madeline Gmahle,7 Peppermill Court submitted an application for the installation (hardwiring) of smoke detectors and carbon monoxide detectors throughout the house; and

WHEREAS, the application fee was paid on September 19, 2012 in the amount of $120.00; and

WHEREAS, the owners did not have the smoke detectors or carbon monoxide detectors installed and have requested a refund of their permit fees; and

WHEREAS, it is recommended by the Construction Official that Mr. and Mrs. Gmahle be refunded their permit fees of $120. less the DCA fees of $1.and less the 20% Plan review fee of $24. for a refund of $95.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, county of Morris, State of New Jersey, that the Finance Director be instructed to refund $95. to Thomas and Madeline Gmahle, 7 Peppermill Court, Randolph, NJ 07869.

24. Refund Application Fee for 5 Starling Road to Angelo Sansano—$598.00

R-48-13

WHEREAS, Angelo Sansano, 5 Starling Road, submitted an application for an addition to their existing home; and

WHEREAS, the application fee was paid on March 14, 2012 in the amount of $867. ; and

WHEREAS, the owners did not have the addition done and has requested a refund of his permit fees; and

WHEREAS, it is recommended by the Construction Official that Mr. Sansano be refunded his permit fees of $867. less the DCA fees of $46 and the 20% Plan review fee of $173. for a refund of $648.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $648.00 to Angelo Sansano, 5 Starling Road Randolph, NJ 07869.

25. Refund Application Fee for 6 Beech Road to Donna Krynicki—$1,635.00

R-49-13

WHEREAS, Alex and Donna Krynicki, 6 Beech Road, submitted an application for an addition to their existing home; and

WHEREAS, the application fee was paid on July 20, 2010 in the amount of $2,243.00; and

WHEREAS, the owners did not have the addition done and have requested a refund of their permit fees; and

WHEREAS, it is recommended by the Construction Official that Mr. and Mrs. Krynicki be refunded their permit fees of $2,243.00 less the DCA fees of $118.00 and the 20% Plan review fee of $448.00 for a refund of $1,677.00

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to refund $1,677 to Alex and Donna Krynicki, 60 Beech Road, Randolph, NJ 07869.

26. Amending Professional Services Agreement with Jaman Engineering for Drainage Easements—Cushing Ct. & Mohawk Lane—not to exceed $2,700.00

R-50-13

WHEREAS, the Mayor and Council of the Township of Randolph (“Township”) authorized the Township to enter into a contract with Jaman Engineering Associates for surveying services in connection with Drainage easements for Block 168, Lots 66 and 67, Cushing Court/Mohawk Lane for an amount not to exceed $2,100.00 via resolution R 251-12; and

WHEREAS, the Engineering/Water & Sewer Administrator has advised that there is a need to expand survey work on an adjacent lot to finish this project for an additional $600.00; and

WHEREAS, there are funds available for this increase.

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

1. The Township amends the contract to Jaman Engineering Associates by increasing the dollar amount from $2,100.00 to $2,700.00 for services rendered/to be rendered for the remainder of the project through August 2, 2013.

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

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

4. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 2013

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #14-11, Stormwater Repairs, to amend the contract with Jaman Engineering Associates for Surveying Services in Connection with Drainage Easements for Block 168, Lots 66 and 67 in the amount not to exceed $600.00.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-949-300

27. Refund Duplicate Payment For Water Line at 47 Harmony Road to Brian Cousey—$2,000.00

R-51-13

WHEREAS, the Engineering Department has received a request from David Cousey for the refund of the duplicate payment for connecting to the water line at 47 Harmony Rd., Randolph;

WHEREAS, the Water Connection Fee of $2000.00 which was received and deposited with the Finance Department on September 22, 2009 and;

WHEREAS, the Water Connection Fee was previously paid to former Randolph Township Municipal Utilities Authority and;

WHEREAS, it is recommended by the Randolph Township Engineering Department that the $2000 duplicate water connection fee of $2000.00 be refunded.

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 Water Connection fee in the amount of $2000.00 be refunded to David Cousey, 9 Sutton Rd., Hopatcong, NJ 07843.

28. Release Cash Performance Bond, Plus Interest, to Daniel Vigilante—$5,723.52

R-52-13

WHEREAS, Daniel Vigilante was required to post a cash performance bond in the amount of $5,723.52 to guarantee the construction of off site sanitary sewer improvements associated with 292 Route 10, Block 137, Lot 24; and

WHEREAS, On March 1, 2006 posted a cash performance bond in the amount of $5,723.52 in accordance with the engineers estimate dated Jan. 5, 2006 prepared by the Randolph Township Engineering Department; and

WHEREAS, all sanitary sewer improvements have been satisfactorily constructed and inspected by the Randolph Township Engineering Department; and

WHEREAS, it is recommended by the Randolph Township Engineering Department that the $5,723.52 cash performance bond plus accrued interest be released.

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/Water & Sewer Department Administrator, that the cash performance guarantee for a total cash refund amount of $5723.52 plus accrued interest.

29. Rescinding and Re-Awarding Items in Various 2013 MCCPC Vehicle Contracts

R-53-13

WHEREAS, on November 8, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded the items listed below to Route 23 Automall:

Contract #15-B (Administrative Passenger Vehicles), Items 2, 3, 4 and 5
Contract #15-C (Utility Vehicles), Items 1A, 2, 2A and 6A

WHEREAS, at the time of the bid opening on October 11, 2012, Route 23 Automall submitted their bid proposal for the above items and listed no exceptions to the bid specifications for any of the vehicles; and

WHEREAS, after a challenge was initiated to the award of all of the items listed above in Contract #15-B and Items 1A, 2 and 2A in Contract #15-C, Route 23 Automall submitted exceptions for all vehicles, thereby making their bid proposal for those items non-responsive; and

WHEREAS, all of the other bidders for Items 2, 3, 4 and 5 in Contract #15-B and Item 1A in Contract #15-C listed exceptions at the time of the bid opening; and

WHEREAS, it is in the best interests of the MCCPC to rescind Items 2, 3, 4 and 5 in Contract #15-B and Item 1A in Contract #15-C from Route 23 Automall and rebid these items; and

WHEREAS, Foulke Management, the next low bidder for Items 2 and 2A in Contract #15-C, did not list exceptions to those items and has agreed to honor the price submitted in their bid proposal for the remainder of the contract period; and

WHEREAS, it is in the best interests of the MCCPC to rescind Items 2 and 2A in Contract #15-C from Route 23 Automall and re-awarded to Foulke Management; and

WHEREAS, Item 6A in Contract #15-C was awarded to Route 23 Automall; and

WHEREAS, Route 23 Automall has requested the MCCPC release them from this portion of the contract due to the fact that they placed their bid in error and cannot honor their pricing for the vehicle as bid; and

WHEREAS, Beyer Ford, the next low bidder for that item, has agreed to honor the price submitted in their bid proposal for the remainder of the contract period; and

WHEREAS, it is in the best interests of the MCCPC to re-award Item 6A in Contract #15-C to Beyer Ford.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC that the various items listed above be rescinded and re-awarded as specified and rebid as necessary.

30. Designating Mueller Water Products as the Proprietary Brand for Randolph’s Water Distribution System

R-54-13

WHEREAS, the Township of Randolph’s Water Distribution System is comprised entirely of Mueller Water Products brand gate and insert valves, fire hydrants, water service valves and related appurtenances; and

WHEREAS, for several years the Township of Randolph has utilized “or equivalent” components, however these components do not perform as well or wear as long, requiring additional purchases of the same components and additional manpower to replace components more often; and

WHEREAS, it is necessary to require the use of Mueller Water Products items only to ensure continuity and maximum performance throughout the Township of Randolph’s Water Distribution System; and

WHEREAS, it is recommended by the Township of Randolph Water & Sewer Department Administrator Ralph G. Carchia that Mueller Water Products brand gate and insert valves, fire hydrants, water service valves and related appurtenances be designated as the proprietary brand for use in the Water Distribution System.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the Mueller Water Products brand gate and insert valves, fire hydrants, water service valves and related appurtenances be designated as the proprietary brand for use in the Water Distribution System.

31. Designating Cla-Val Brand Inline Pressure Regulating Valves, Appurtenances & Accessories as Proprietary Brand for Randolph’s Water Distribution System

R-55-13

WHEREAS, the Township of Randolph’s Water Distribution System contains ten (10) pressure regulating valves throughout the system positioned to regulate pressure in their respective service areas; and

WHEREAS, the Township of Randolph has instituted a pressure regulating valve replacement program utilizing Cla-Val brand inline pressure regulating valves, appurtenances and accessories; and

WHEREAS, the institution of this program requires the use of Cla-Val brand items only to ensure continuity and maximum performance throughout the Township of Randolph’s Water Distribution System; and

WHEREAS, it is recommended by the Township of Randolph Water & Sewer Department Administrator Ralph G. Carchia that Cla-Val brand pressure regulating valves, appurtenances, and accessories be designated as the proprietary brand for use in the Water Distribution System.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the Cla-Val brand pressure regulating valves, appurtenances, and accessories be designated as the proprietary brand for use in the Water Distribution System.

32. Release Escrow Funds for Block 18, Lot 12 to Damian Rechter—$770.50

R-56-13

WHEREAS, the Planning and Zoning Department received escrow funds from Damian Rechter, 209 Comly Rd., Apt M5, Lincoln Park, NJ, Block 18, Lot 12, 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 $770.50 be refunded to Damian Rechter, 209 Comly Rd., Apt. M5, Lincoln Park, NJ 07035-1146.

33. Release Escrow Funds for Block 78, Lot 15 to Dean Curtis—$109.37

R-57-13

WHEREAS, the Planning and Zoning Department received escrow funds from Dr. Dean Curtis, 540 Route 10, Randolph, NJ, Block 78, Lot 15, and in the amount of $15,360.53; 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 $109.39 be refunded to Dr. Dean Curtis, 540 Route 10, Randolph, NJ 07869.

34. Release Escrow Funds for Block 86, Lot 48 to Jill Ray—$784.00

R-58-13

WHEREAS, the Planning and Zoning Department received escrow funds from Jill Ray, 10 Birchwood Road, Randolph, NJ, Block 86, Lot 48, 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 $784.00 be refunded to Jill Ray, 10 Birchwood Road, Randolph, NJ 07869.

35. Authorizing Shared Services Agreement with the County College of Morris for Printing from Feb 1, 2013 through Jan 31, 2014

R-59-13

WHEREAS, the Township of Randolph annually bids for printing services for various items needed by various Township departments; and

WHEREAS, the current printing bid expires on January 31, 2013; and

WHEREAS, the County College of Morris (“CCM”) has a print shop and can do the majority of the Township’s print jobs; and

WHEREAS, the CCM Print Shop has provided pricing for the various items included on our annual printing bid; and

WHEREAS, the Purchasing Agent has compared CCM’s pricing with the pricing being charged by our current printing bid vendors and has determined that the majority of CCM’s prices are less than the current prices being charged for printing; and

WHEREAS, the funds for this project will be available in the 2013 budget for printing services.

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 mayor be authorized to sign a shared services agreement.

36. Authorizing Rescinding Various 2013 Winter Contracts on Behalf of the MCCPC

R-60-13

WHEREAS, on December 6, 2012, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #1 (Motor Gasoline), Contract #2 (#2 Fuel Oil), and Contract #12 (Ultra Low Sulfur Diesel Fuel) to various vendors; and

WHEREAS, the contracts for these commodities were bid on by the vendors based on prices listed daily in the Journal of Commerce & Industry Low Posting; and

WHEREAS, the Journal of Commerce & Industry Low Posting was purchased effective January 1, 2013, by the Oil Price Information Service (OPIS) with no advance notice to the vendors or to the MCCPC; and

WHEREAS, the publication specified in the bid specifications which was to be used for vendor pricing no longer exists; and

WHEREAS, the MCCPC is not legally permitted to renegotiate prices with vendors during the term of an existing contract; and

WHEREAS, it is in the best interests of the MCCPC to rescind Contract #1 (Motor Gasoline), Contract #2 (#2 Fuel Oil), and Contract #12 (Ultra Low Sulfur Diesel Fuel) effective January 1, 2013, from the various vendors who currently hold those contracts and to re-bid each contract using the new industry standard, the Oil Price Information Service (OPIS).

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, on behalf of the MCCPC that the various contracts listed above be rescinded effective January 1, 2013, and rebid as necessary.

37. Raffles—Social Affairs Permits

1—Social Affair Permit, Randolph Lions Club, Commedy Show Fundraiser, Senior Center at 30 Calais Road, Randolph: March 8, 2013 from 7:00 p.m. to 10:00 p.m.

2—Amendment: Casino Night, Center Grove PTO, February 9, 2013 at St. Andrews Greek Orthodox Church, 1447 Susex Tpke., Randolph, 7:00 p.m. to 11:00 p.m.

3—Amendment: Tricky Tray, Center Grove PTO, February 9, 2013 at St. Andrews Greek Orthodox Church, 1447 Sussex Tpke., Randolph, 7:00 p.m. to 11:00 p.m.

4—Amendment: On-premise 50/50, Center Grove PTO, February 9, 2013 at St. Andrews Greek Orthodox Church, 1447 Sussex Tpke., Randolph, from 7:00 p.m. to 11:00 p.m.

38. Awarding Contract for Purchase of Asphalt Paver to Jesco—not to exceed $57,519.00

R-61-13

WHEREAS, the Township of Randolph advertised for the purchase of a new, unused asphalt paver on two occasions; and

WHEREAS, on both occasions the sole bid had to be rejected due to exceptions taken and/or required information not being included with the bid submission thus making it a mandatory rejection; and

WHEREAS, on both occasions the sole bidder’s (Jesco, Inc.) bid price was $58,019; and

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

WHEREAS, the Purchasing Agent after the first bid reached out to the 4 other bidders who picked up a bid package for the first bid but never submitted a bid to ascertain why they didn’t bid; and

WHEREAS, 3 of the 4 vendors indicated they do not have anything as small as what the Township was bidding, and the Township never received a return call from the 4th vendor; and

WHEREAS, after the second bid the Purchasing Agent reached out to U.S. Municipal Supply Company, a dealer for the LeeBoy asphalt paver, to see if they would be willing to negotiate; and

WHEREAS, U.S. Municipal Supply Company indicated they would not be able to negotiate since the manufacturer has protected territories so only Jesco, Inc. can provide pricing on the LeeBoy product for the Township; and

WHEREAS, the Purchasing Agent along with the Public Works Director researched other possible companies that could supply us the equipment but could not locate any that could supply us the size equipment we need; and

WHEREAS, the Purchasing Agent reached out to Jesco, Inc. to see if they would be willing to negotiate; and

WHEREAS, Emil Pescatore, Jesco, Inc.’s Governmental Sales Manager, indicated they would be willing to negotiate and offered their best price of $57,519.00; and

WHEREAS, the Purchasing Agent and Public Works Director feel the award of a contract to Jesco, Inc. would be in the best interest of the Township; and

WHEREAS, Jesco, Inc. of South Plainfield, NJ has agreed to provide the required equipment based upon all the terms and conditions as set forth in the original bid specifications for $57,519.00.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Jesco, Inc. of South Plainfield, NJ for the purchase of a new, unused asphalt paver with a 5.5-ton hopper capacity for the not to exceed price of $57,519.00.

Discussion on Combined Action Item #36:

Manager Lovell reported that the Township, through the Morris County Co-Op, awarded a contract to Allied. The issue is not with the service they provide, but that the specification was written in such a way to base the current contract on prices that are listed daily in the Journal of Commerce and Industry Posting. That journal is no longer being used, and now it’s called OPIS, Oil Price Information Service. The State of New Jersey has what is called the State contract, and the State of NJ is not governed by the local contracts law, and they simply flipped everything over to OPIS. Attorney Tiena Cofoni from Ed Buzak’s office, who does the work for the Morris County Cooperative Pricing Council ruled that we are not empowered at a local public contracts law to change that standard of measure. Therefore, it has been recommended that the contract that currently exists be rescinded. All Morris County Co-Op members will be advised that the contract has been rescinded and it will be re-bid immediately based upon prices referred to as OPIS. It will be recommended to all agencies that they immediately use the state contract vendor until this has gone back out to bid, which will happen immediately. Manager Lovell again stated that this is not a reflection on the vendor, as they have been a good vendor.

Councilman Guadagno made a motion to approve the Combined Action Resolution Item #36. Councilman Hirniak seconded the motion and the following roll call vote was taken:

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

NAYS: None

G. UPCOMING EVENTS

1. Fire Department Recognitions—Super Storm Sandy—1-28-13 at 7:30 p.m. at Millbrook Fire Company on Route 10

Manager Lovell credited Councilwoman Veech for working with the fire companies to determine a way to recognize various categories of people who participated in Super Storm Sandy.; he also expressed his appreciation to the volunteer fire fighters. The Manager and Council members will be going to the firehouse and making an award to the members for their extraordinary volunteer service during and after the storm.

H. DISCUSSION ITEMS

1. Kensington Square/Pleasant Ridge Estates (Proposed Rezoning)

Manager Lovell stated that the following proposal was created by Township staff based on the concerns of the residents and the concerns of the developer:

• The original project had 116 units, 50 units located in two buildings to the rear of the complex, and the remainder would be townhomes to be built in front of the complex. A conversion application to convert the 50 units in the back from age restricted units to garden apartments was before the Planning Board, and is still an active application in front of the Planning Board.
• The proposal is to develop 105 townhomes, with approximately 40% of units having master bedrooms and master baths on the first floor, all units would have garage spaces. Approximately 25 units will have access onto Old Shunpike, and 80 units will have access onto Brookside Road. The other aspect is that there had been no COAH component in this project.

Manager Lovell reported that the developer also continued in discussions with the residents and through their joint efforts an initial drawing was developed and was forwarded to him. This drawing fell short of some of the numbers that had been proposed, but Mr. Heymann stated that it is important to hold a 75 foot setback on Old Shunpike Rd. Township staff looked at the project and felt that the first floor master bedrooms and bathrooms could actually enhance the project architecturally, and make it more attractive to residents whose children have grown and moved out. The Manager indicated to both parties that a 50 foot setback or less would be needed to achieve this, and both attorney Ron Heymann and attorney Gordon Gemma felt it was not unreasonable. The concept plans are continuing to be refined.

Sam Gershwin and Rick Hoff from Kushner Companies explained in detail the current concept plan. There were questions and answers between the Council members, Manager Lovell, and the developers.

Planning Consultant David Zimmerman stated that in general the residents feel comfortable working with the developer on the evolution of the plan, they are looking forward to seeing the ordinance, and they are looking forward to seeing how it can be landscaped to maintain the suburban/rural character of that road. The residents and Mr. Zimmerman are encouraged by the working relationship they have with the developers.

Attorney Gemma committed to creating the ordinance, and also having a landscape architect work with the residents to create an agreeable plan.

2. Highlands Conformance—Meeting with Highlands on January 9

Mayor MacArthur reported that he, Deputy Mayor Loveys, Councilwoman Veech, Councilman Guadagno, Manager Lovell, Darren Carney, Bob Michaels, and Kelli Gallo attended the Highlands Commission meeting in which they considered the Township’s petition, and that it had passed. The Mayor felt this was an important step for Randolph.

Councilman Hirniak read the proclamation given by the Highlands Council of New Jersey: “State of New Jersey Highlands Water Protection and Planning Council, to the Honorable Tom MacArthur and the Council members of the Township of Randolph in recognition of their successful petition for plan conformance, achieving conformance with the Highlands Regional Master Plan, signed and sealed at Chester, NJ on this 17th day of January in the year 2013.” The proclamation was signed by Chairman Jim Riley, and Executive Director Gene Feyl.

Manager Lovell reported that there is a lot of work to be done in the coming years. There are six study areas to undertake and develop studies on. The Township is to get grants from the Highlands Commission to assist in this undertaking. When all is done, an application checklist needs to be developed.

3. Attorney Update—Age Restrictions for Shelter Development (Congregate Care)

Attorney Kelli Gallo reported that when the ordinance was adopted, the question came up about whether a restriction limiting school age children could be included in the ordinance. She stated that it can be done; however, there are a variety of other ways in which to include an age restriction. Below is what was determined:

• There is an exception to the general rule that you can’t discriminate against someone based upon their familial status for these types of communities.
• Anyone under 62 can be prohibited from living in this community at all, straight across the board.
• It can be required that one of the members of the household be 62 or over, and then place age restrictions on the spouse or other family member.
• Eighty percent of the units have to be occupied by someone that is 62 or older, and 20% of the units can be allowed to be occupied by people who are under 62 years of age. This is a restriction that needs to be met by Shelter Development in order to maintain their exemption.
• The only exception is that if a live in caregiver is needed for a person with disabilities, the caregiver is permitted regardless of his/her age, even if under 18.

It was felt that the age restriction of no one under the age of 19 should be written into the ordinance. This does not pertain to the caregiver of a person with disabilities.

4. Manager’s 2012 Evaluation

Mayor MacArthur asked Councilmen Napoliello and Hirniak, and Deputy Mayor Loveys to define a process to evaluate the Township Manager. He suggested that they involve Manager Lovell in the process as well as former Council members Obremski and Mitsch. The Mayor requested that the task be completed by the end of February.

5. Establish Budget Meeting Dates

The Budget Meeting dates will be February 23 and March 2 at 8:30 am, and during the Council meeting on February 28 with an earlier start time of 6:00 p.m. If an additional meeting is needed, it will be held on March 9 at 8:30 a.m.

I. OPEN TO THE PUBLIC

Judith Stewart, 114 Everdale Road stated that the Manager should be directed to let the Board of Education offices know of the Saturday budget meeting dates. Mrs. Stewart felt that the public should be informed of the process for evaluation of the Township Manager prior to inception. Mrs. Stewart also expressed her concern over the number of parking spaces and lack of garages at the proposed congregate care facility on Quaker Church Road. She also suggested that the Council research the large number of grandparents raising grandchildren and take that into consideration regarding age restricted developments. In addition, Mrs. Stewart expressed her concern regarding the potential of putting too much intensive living in Randolph and its impact on the benefits of living in such a nice community that has a balance of open space and development.

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

J. COUNCIL COMMENTS

Deputy Mayor Loveys reported that he attended the reorganization meeting of the Recreation Committee, Joe Nazzarro remains Chair and Ann Standrich is Vice Chair. A retirement luncheon will be held for Skip Lerman, and Council members should RSVP to the Recreation Dept. as soon as possible.

Councilman Hirniak reported that there is a need to add a member to TAC and to add a member to Landmarks, and any suggestions from the Council would be appreciated. The Landmarks Committee is also looking to augment its tape library of interviews they’ve done with individuals who have lived in town for over 40 years. The Township bus tour is going to be on Saturday, May 18th at 2:00 p.m. starting at town hall, and the museum will open this year on April 21st.

Councilman Napoliello reported that the Health Department has run out of flu shots, and will not purchase any more; they vaccinated 1,000 people this year.

Councilman Guadagno suggested recognizing the Health Department nurses for their work. He reported that he attended the solid waste meeting with the County, and is awaiting the Environmental Commission meeting.

Mayor MacArthur reported that he received a letter from the NJ Crime Victims Law Center regarding the NJ Human Rights Coalition. The letter explains their mission, and asks the Council to adopt a model ordinance which recognizes that there is an epidemic of uncontrolled violence in the world, especially against women & children. The Mayor suggested that the Council adopt a resolution to support the work of the NJ Crime Victims Law Center. Mayor MacArthur read the preamble, “A resolution supporting the objective of the New Jersey Coalition on Human Rights to advocate for fairness, compassion, respect, and dignity for all persons throughout the world and for the eradication of violence to innocent victims.” Before putting it on a future agenda, the Mayor asked if there was an interest in supporting this.

Mayor MacArthur appointed Steve O’Mara as the Chair of the Environmental Commission.

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 remaining portion of the meeting.

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

Land Acquisitions—Heritage 55
Easement Acquisition—Township of Morris—Butterworth Interceptor
Contract Default—C&L Towing
Promotional Process—Chief of Police

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

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

Mayor MacArthur-before you do the roll call, I wanted to add one other personnel matter to this list. And the C&L Towing, we already approved in the Combined Action, the replacement for them? We don’t need to approve anything when we come out right?

Manager Lovell-there is no approval, I’m simply updating you as to what is happening.

Councilman Guadagno made a motion to move into Executive Session at 9:30 p.m. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Napoliello made a motion to return to Open Session at 10:10 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

L. ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 10:10 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

___________________________
Donna Marie Luciani
Township Clerk