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, 2019

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 6:00 p.m. by Mayor Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on November 29, 2018 by emailing them the annual resolution adopted by the Council on November 1, 2018. 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 6, 2018.

2. Roll Call

PRESENT:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

Also present: Township Manager Mountain and Keli Gallo from the Buzak Law Group

3. Pledge of Allegiance

Mayor Loveys 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 Executive portion of the meeting.

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

Manager’s and Clerk’s Reviews
Review of Tax Appeal Settlement Proposal
Recreation Personnel
Randolph Rock Stars Community Volunteer of the Year

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

4. At the conclusion of the Executive Session, the Council may or may not reconvene in public session for the purpose of taking formal action.

Councilwoman Veech made a motion to move into Executive Session at 6:05 p.m. Councilwoman Potter seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

Councilwoman Veech made a motion to close the Executive Session at 7:00 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

C. RE-OPEN REGULAR MEETING—7:00 p.m.

Mayor Loveys re-opened the Regular Meeting.

D. OPEN TO THE PUBLIC

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

E. MANAGER’S REPORT

Manager Mountain reported the following:

• Facility improvement project update
  • The contractor completed the drainage improvement project at the municipal building. A new catch basin was installed along the front of the building in order to connect the building roof leaders to the drains. Interior gutter piping was replaced and a small catch basin was installed in the landscaped area to collect surface water and serve as a clean out for the gutter. An under-drain system was also installed along the south side of the front of the building to collect roof runoff and ground water. There have been issues on that side of the building, with water getting into some of the offices causing some flooding; it is believed this improvement, and the previous gutter work will correct the issue.
  • The work on the overflow parking and the entrance at Freedom Park has started. The overflow work was just a paved apron to allow for vehicles to have a more stable and defined entranceway. The contractor began the access way expansion at the entrance to the park; it will allow for a double lane—left and right turn lanes for better flow when exiting a large event. The contractor is in the early stage of the improvements to the basketball courts. They are removing the existing courts, and replacing with a new base and sealing them. The entire project should be completed by the spring.
  • Storage building—Donna Luciani is working with the manufacturer of the pre-fib steel building which will replace the wooden structure in the back of the municipal building. She is also coordinating with the DPW, as they will be creating the base for the building.
  • New septic system for the pavilion at Heistein Park—the infrastructure portion of the project was completed. The final grading, dressing and seeding will be done in spring.
• Shongum School water line—the township worked with the Board of Education on the project. This project was a result of the quarterly liaison meetings between the two entities; a number of good partnerships have come about via these meetings. The school estimated that they saved approximately $100,000-$150,000 for the district through this partnership, which is ultimately a savings to the tax payers. He commended Water & Sewer Director Ralph Carchia and Foreman Charlie Crossan for their quick and efficient work on the project.
• The Board of Education has been helping the township with a lighting issue at the Community Center and library. The partnership has been beneficial to both the township and the school district.
• Butterworth III Sewer Project—is scheduled to be closed out in January. In the coming week’s residents and businesses served by the new line will be able to begin connecting to the system. The pump station serving this part of the system has been started and tested. The contractor has some punch list items to complete; the final paving work will be completed in the early spring. The line will serve Jason Lane, Nucco Terrace, Old Shunpike Road, Carellen Place, as well as businesses on Sussex Turnpike on the west side of Millbrook Avenue. The project concludes the Butterworth initiative that has had a very long history. It will help to facilitate the development and redevelopment of the Mount Freedom Village area. The project came in well under budget.

Mayor Loveys thanked Attorneys Ed Buzak and Keli Gallo, and the entire law office for the tremendous amount of work throughout the entire Butterworth project.

F. APPROVAL OF MEETING MINUTES

1. Approving Council Meeting Regular Minutes for October 2, 2018, November 1, 2018, November 29, 2018, and December 6, 2018

Councilwoman Veech made a motion to approve the Regular Minutes of the October 2, 2018, November 1, 2018, November 29, 2018, and December 6, 2018 Council meetings. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia (ABSTAIN)
Councilwoman Potter (ABSTAIN)
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey (ABSTAIN 10/2/18)
Mayor Loveys (ABSTAIN 12/6/18)

NAYS: None

G. COMBINED ACTION RESOLUTIONS

Item #4, Change Order for leaf loading, hauling and recycling bid—Councilwoman Veech asked for clarification. Manager Mountain explained that it is a multi-year contract; it came in approximately $1 more per cubic yard than the prior year, resulting in the higher cost. The policy was also changed to allow contractors to place leaves curbside, which increased volume.

Item #12, Meadowbrook Road Water Main—Councilman Tkacs asked for clarification on the significant change order. Manager Mountain explained that the scope of the project changed. The township originally planned to do the water main work in three phases; phases I and II were the responsibility of this contractor under the bid he was awarded. He has been an excellent contractor, and has moved through the project efficiently. With this change order, the contractor is in a position to complete phase III of the pipe work and complete the project for piping purposes. There has been no negative feedback from area residents. Since this contractor has done such a good job, it was a way for the township to complete the project with the same contractor. Therefore the reason for the change order is due to the scope change, not a change due to issues in the field.

Item #18, Establishing and setting the rate of interest on delinquent taxes—Councilman Tkacs asked for clarification since 18% seemed high. Manager Mountain explained that those are statutory rates, and the township has to adopt the interest rate locally.

1. Authorizing Randolph Township’s Request for Funding the MAC Grant for 2020 Being Sent to the Governor’s Council on Alcoholism and Drug Abuse for the Fiscal Grant Cycle of July 2014-June 2020

R-23-19

WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey.

WHEREAS, The Township Council of the Township of Randolph, County of Morris, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and

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

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

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

1. The Township Council does hereby authorize submission of a strategic plan for the Randolph Township Municipal Alliance grant for fiscal year 2019 in the amount of:
   DEDR $17,248
   Cash Match $4,312
   In-Kind $12,936
2. The Township Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

2. Refund Tree Bond for Block 208.02, Lot 10, 108 Shongum Road to Annie J. Dixon - $800.00

R-24-19

WHEREAS, the Planning and Zoning Department received a tree bond posted by Annie J. Dixon, 108 Shongum Road for Block 208.02, Lot 10 in the amount of $800.00; and

WHEREAS, the requirements have been met and completed.

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 tree bond in the amount of $800.00 be refunded to Annie J. Dixon, 108 Shongum Road, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

3. Rejecting the Sole Bid from H.K. Truck Services, Inc., for the Purchase and Delivery of a New or Used 2016 or Newer CAB/Chassis and Dump Body

R-25-19

WHEREAS, the Township of Randolph advertised for the Purchase and Delivery of a New or Used 2016 or Newer Cab/Chassis and Dump Body in accordance with Local Public Contracts Law and received bids on December 11, 2018; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bid was received from the following for the bid price shown:

H.K. Truck Services Inc., S. Plainfield, NJ - $153,134; and

WHEREAS, the Public Works Director has reviewed the bid and advised that the bidder took 57 exceptions to the bid; and

WHEREAS, based on the exceptions of lines 76, 120, and 325 - 360, the vehicle will not meet our bid requirements; and

WHEREAS, the sole bid must be rejected as being non-responsive.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the sole bid from H.K. Truck Services Inc. of S. Plainfield, NJ for the Purchase and Delivery of a New or Used 2016 or Newer Cab/Chassis and Dump Body be rejected as being non-responsive as stated above.

4. Authorizing Change Order #1 for an Increase of $24,000 to the 2018 Leaf Loading, Hauling and Proper Recycling Bid Awarded to S. Rotondi & Sons, Inc—New Contract Total Not to Exceed $144,000

R-26-19

WHEREAS, on October 2, 2018 via R 276-18, the Township Council awarded a contract to S. Rotondi & Sons, Inc. for the 2018 Leaf Loading, Hauling and Proper Recycling bid for the period of November 1, 2018 through February 28, 2019 for a not to exceed contract award total of $120,000; and

WHEREAS, the Public Works Director has advised that more leaves have been collected on-site then originally contracted for; and

WHEREAS, the Public Works Director has estimated an additional 2800 cubic yards of leaves for an additional $23,072 ($8.24 per cubic yard); and

WHEREAS, the Public Works Director has requested a $24,000 increase to this contract for a revised not to exceed contract award total of $144,000; and

WHEREAS, the Finance Officer has certified to the availability of funds for these changes in account #01-201-26-300-302.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey that Change Order #1 is approved and authorized, for a total net increase of $24,000, increasing the total contract award amount from a not to exceed $120,000 to a not to exceed $144,000.

BE IT FURTHER RESOLVED, that the Township Council authorizes a written amendatory contract to be entered into covering the changes to be made.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 2019

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2019 Budget, Recycling O&E, pending adoption, to award a change order contract to S. Rotondi and Sons for leaf loading and hauling, per its response to a solicitation of bids by the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-26-300-302 (not to exceed $24,000)—Pending Adoption

5. Designating Tax Collector Linda Roth as the Tax Search Officer for Calendar Year 2019

R-27-19

WHEREAS, N.J.S.A. 54:5-11 provides that each Municipality within the State of New Jersey shall designate a person to act as the Tax Search Officer; and

WHEREAS, Linda Ann Roth, Certified Tax Collector for the Township of Randolph, is qualified to make examinations of the Municipal records and to certify the results as it pertains to Tax Searches;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, hereby designates Linda Ann Roth, Certified Tax Collector the Tax Search Officer for the calendar year 2019.

6. Authorizing the Award of Professional Services Agreements to American Animal Hospital and Animal Clinic of Morris Plains for Veterinary Services for 2019—Not to Exceed $5,350.00

R-28-19

WHEREAS, the Township of Randolph ("Township") requires veterinary services for the 2019 calendar year; and

WHEREAS, the entire aggregate contract amount is not to exceed $5,350 and is awarded to two different providers (American Animal Hospital and Animal Clinic of Morris Plains) who agreed to the Township’s attached fee schedule with the understanding that the option of which provider is used, when used and how often will be at the sole discretion of the Township; and

WHEREAS, the anticipated term of this contract is for the 2019 calendar year; and

WHEREAS, the entire aggregate contract with both providers is for a total amount not to exceed $5,350 and therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) do not apply; and

WHEREAS, American Animal Hospital and Animal Clinic of Morris Plains have submitted to the Township copies of their State of NJ Business Registration Certificate, as required; and

WHEREAS, the Finance Officer has certified to the availability of funds for the retention of such professional services in account #12-225-00-000-002 ($3,750) and #12-225-00-000-002 (Rabies Clinic) ($1,600); 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 American Animal Hospital (1202 Sussex Turnpike, Randolph, NJ 07869) and Animal Clinic of Morris Plains (3009 Rt 10, Morris Plains, NJ 07950) to provide veterinary services for the 2019 calendar year.
2. American Animal Hospital and Animal Clinic of Morris Plains shall be compensated for services rendered per the attached fee schedule.
3. The entire aggregate contract amount will not exceed $5,350.
4. The contracts with said providers are for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
5. The awards are also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
6. 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.
7. 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.
8. This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 2019

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Dog Trust Fund to award a contract to the American Animal Hospital and the Animal Clinic of Morris Plains for veterinary services, per their proposals submitted to the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 12-225-00-000-002 (not to exceed $3,750)
12-225-00-000-002 (not to exceed $1,600) - rabies

7. Authorizing Contracts with Certain Approved State Contract Vendors for Contracting Units Pursuant to N.J.S.A. 40A:11-12a

R-29-19

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

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

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

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

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township and the Referenced State Contract Vendors shall be until December 31, 2019 or upon expiration of the vendor’s contract whichever is first.

8. Authorizing Contracts Under the MCCPC Pursuant to N.J.S.A. 40A:11-11(5)

R-30-19

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

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

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

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

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township and the referenced MCCPC Contract Vendors shall be until December 31, 2019 or upon expiration of the vendor’s contract whichever is first.

9. Authorizing Contracts Under the Educational Services Commission of New Jersey Cooperative Pricing System (ESCNJ) Pursuant to N.J.S.A. 40A:11-11(5)

R-31-19

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

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

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

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

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township and the referenced ESCNJ Contract Vendors shall be until December 31, 2019 or upon expiration of the vendor’s contract whichever is first.

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

R-32-19

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

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

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

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

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township and the referenced SOCCP Contract Vendors shall be until December 31, 2019 or upon expiration of the vendor’s contract whichever is first.

11. Authorizing the Award of a Professional Services Agreement to Kristine Wilsusen for Health Specialist Services for the 2019 Calendar Year—Not to Exceed $22,000.00

R-33-19

WHEREAS, the Township of Randolph ("Township") requires Health Specialist services for the 2019 calendar year; 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 Township has agreed to retain Kristine Wilsusen located at 2 Island Tr, Wharton, NJ 07885 to provide the necessary Health Specialist services for a total amount not to exceed $22,000; and

WHEREAS, the rate for these services is $55.00 per hour and will remain as stated for the term of this contract; and

WHEREAS, the term of this contract is for the 2019 calendar year; and

WHEREAS, the contract with Kristine Wilsusen is for a total amount not to exceed $22,000 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, Kristine Wilsusen has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Kristine Wilsusen has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, the Finance Officer has certified to the availability of funds for the retention of such professional services from account #01-201-27-330-302; 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 Kristine Wilsusen having an office at 2 Island Tr, Wharton, NJ 07885 to provide Health Specialist services for the 2019 calendar year.
2. Kristine Wilsusen shall be compensated for a total contract amount not to exceed $22,000.
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 et seq.
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, 2019

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2019 Budget, Health Department, O&E, pending adoption to award a contract to Kristine Wilsusen for health specialist services, per her proposal submitted to the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-27-330-302 (not to exceed $22,000)—Pending Adoption

12. Authorizing Change Order #1 for $306,600.00 to M.S.P. Construction Corporation for the Meadowbrook Road Water Main Replacement—Road Improvement—Section 1 Project—New Contract Total Not to Exceed $2,342,054.50

R-34-19

WHEREAS, the Township of Randolph Council awarded a contract for the Meadowbrook Road Watermain Replacement/Road Improvement—Section 1 Project to M.S.P. Construction Corporation (“M.S.P.”) on October 2, 2018 via R 275-18 for $2,025,454.40; and

WHEREAS, the Engineering Administrator is requesting the change in order to replace the remaining aging water main and appurtenances due to recently encountered water main and water service leaks that can create water quality issues for Township customers; and

WHEREAS, the Engineering Administrator has also indicated that this portion of the water main is also located within the high pressure zone of the Township system which is susceptible to frequent breaks and leaks and replacing the remaining aging problematic water main will help to avoid any additional costly emergency water main repairs or water quality issues; and

WHEREAS, the items to be increased and the resulting dollar amount increases are listed below:

WHEREAS, this change order will increase the contract amount by $306,600 from $2,025,454.50 to $2,342,054.50 (an approximate 15.14% increase); and

WHEREAS, the Finance Officer has certified to the availability of funds for this increase from 06-215-55-916-602.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that Change Order #1 to M.S.P. be approved and the contract amount amended per the above.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 17, 2019

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the Water Capital Fund, Ordinance 13-18, Meadowbrook Road Improvements to award a change order contract to MSP Construction for improvements to the Meadowbrook Road water main, per its response to a solicitation of bids by the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 06-215-55-916-602 (not to exceed $306,600)

13. Refund Cash Road Opening Bond for the Purpose of Repaving the Driveway at 1 Jay Drive, Block 103, Lot 39 to Brian Kushler - $500.00

R-35-19

WHEREAS, the Engineering Department has received a request from Brian Kushler for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 1 Jay Drive, Randolph NJ 07869 (BL 103/L 39); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on December 13, 2018; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the driveway at 1 Jay Drive, Randolph NJ 07869, 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 Brian Kushler at 1 Jay Drive, Randolph NJ 07869.

14. Confirming the Rescission of the Award of MCCPC Contract #26 to Road Safety Systems and Confirming the Award of Contract #26 to J. Fletcher Creamer & Sons, Inc. in Accordance with a Judgment Entered January 2, 2019 in Litigation

R-36-19

WHEREAS, by Resolution No. 336-18 the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) awarded Contract #26 to Road Safety Systems as the lowest and responsive and responsible bidder, finding that two apparent lower bids had submitted unbalanced bids; and

WHEREAS, one of the rejected bidders, J. Fletcher Creamer & Son, Inc. (“JFC”) challenged the rejection of its low bid on the basis of it being unbalanced in litigation captioned J. Fletcher Creamer & Son, Inc. v. Township of Randolph, Morris County Cooperative Pricing Council, et al., Docket No. MRS-L-2447-18 (the “Litigation”); and

WHEREAS, by Judgment entered January 2, 2019 in the Litigation, the Honorable Stuart A. Minkowitz, A.J.S.C. entered Judgment in favor of the Plaintiff and awarded Contract #26 to JFC; and

WHEREAS, the MCCPC desires to rescind Resolution No. 336-18 and to confirm the award of Contract #26 to JFC, in accordance with the January 2, 2019 Judgment.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council, on behalf of the MCCPC hereby rescinds Resolution No. 336-18 awarding Contract #26 to Road Safety Systems and hereby awards Contract #26 to J. Fletcher Creamer & Son, Inc., in accordance with the Judgment entered in the Litigation on January 2, 2019; and

BE IT FURTHER RESOLVED that the Township Council, on behalf of the MCCPC is hereby authorized and directed to take all steps necessary to effectuate the purposes of said Judgment in the Litigation dated January 2, 2019.

15. Refund Tax Sale Certificate for Block 72, Lot 19, 235 Reservoir Avenue to TWR as cst for Ebury Fund 2 NJ LLC - $32,980.13

R-37-19

WHEREAS, Tax Sale Certificate #2059 held by TWR as cst for Ebury Fund 2 NJ LLC, and currently assessed to Bank of New York Mellon Trust and known as, Block 72, Lot 19 and also known as 235 Reservoir Avenue.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by PTCS Title Agency, who represent the sale of the property. The redemption includes principal and interest in the amount of $31,480.13. There is also a premium due in the amount of $1,500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $32,980.13 to TWR as cst for Ebury Fund 2 NJ LLC holder of Tax Sale Certificate #2059.

16. Acknowledging that the Tax Collector Redeem and Refund Tax Sale Certificate for Block 145, Lot 20, 12 Maple Drive to C&E Tax Lien Fund I - $15,269.96

R-38-19

WHEREAS, Tax Sale Certificate #17-21 held by C&E Tax Lien Fund I, and currently assessed to West End Brothers, LLC and known as, Block 145, Lot 20 and also known as 12 Maple Dr.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Riverview Title, who represent the current owner in the sale of the property. The redemption includes principal and interest in the amount of $13,169.96. There is also a premium in the amount of $2,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $15,269.96 to C&E Tax Lien Fund I, PO Box 5021, Philadelphia, PA 19111 lien holder of Tax Sale Certificate #17-21.

17. Authorizing the Tax Collector to Redeem and Refund Tax Sale Certificate Block 53, Lot 28, 161 Reservoir Ave. to MTAG for Cazenovia Creek Funding II - $2,475.06

R-39-19

WHEREAS, Tax Sale Certificate #18-14 held by MTAG for Cazenovia Creek Funding II, and currently assessed to Robert E. & Patricia Larsen Johnson and known as, Block 53, Lot 28 and also known as 161 Reservoir Ave.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Robert E. Johnson the current owner of the said property. The redemption includes principal and interest in the amount of $875.06. There is also a premium in the amount of $1,600.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $2,475.06 to MTAG for Cazenovia Creek Funding II lien holder of Tax Sale Certificate #18-14.

18. Establishing and Setting the Rate of Interest on Delinquent Taxes to be Collected by the Tax Collector

R-40-19

WHEREAS, N.J.S.A. 54:4-67 permits the Governing body of each Municipality to fix the rate of interest to be charged for late payment of taxes as provided by law; and

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris that the Tax Collector is hereby authorized and directed to charge an eight percent (8%) per annum rate of interest on the first $1,500.00 of taxes which become delinquent after the due date, and a rate of eighteen percent (18%) per annum interest on any amount of taxes due in excess of $1,500.00;

BE IT FURTHER RESOLVED, that no interest shall be charged if payment of any installment is made by the 10th of the month after the date upon which the same became payable, effective January 1, 2019. In the event that the 10th of the month falls on a Saturday, Sunday or Legal Holiday, the date of the grace period ends with the following business day.

19. Raffle License, Tricky Tray, Morris Habitat for Humanity, at the Meadow Wood Manor, 461 Route 10 East, Randolph, on February 23, 2019 from 6:00 p.m. to 11:00 p.m.

20. Raffle License, On-Premise 50/50, Randolph Athletic Council—Randolph RAMS Boys Basketball Booster Club at the Randolph High School, 511 Millbrook Avenue, Randolph on Saturday, February 9, 2019 from 1:30 p.m. to 8:30 p.m.

21. Raffle License, On-Premise 50/50, St. Matthew the Apostle Parish, 335 Dover Chester Road, Randolph on Saturday, February 9, 2019 from 7:00 p.m. to 11:00 p.m.

22. Raffle License, Off-Premise Merchandise, Gottesman RTW Academy, 146 Dover Chester Road, Randolph on Thursday, June 6, 2019 at 7:00 p.m.

23. Raffle License, Off-Premise 50/50, Hebrew Congregation of Mt. Freedom, NJ 1209 Sussex Tpke., Randolph on Saturday, March 9, 2019 at 9:30 p.m.

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

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter (ABSTAIN #21)
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

H. UPCOMING EVENTS

1. Grand Opening & Ribbon Cutting: Kabab Paradise, 124 Route 10 W, Randolph on Saturday, January 19 from 11:00 a.m. - 2:00 p.m.—Ribbon Cutting at Noon
2. Library Event: Hank Shapiro; Celebrating a Century of Music, Sunday, January 20 at 2:00 p.m. (snow date—January 27). Registration is required
3. Randolph Community Blood Drive sponsored by the Randolph PTO & Community Blood Services, Tuesday, January 22 from 2:30 p.m. - 8:00 p.m., at the Randolph High School Commons
4. Council Budget Session, Saturday, January 26 at 8:30 a.m.
5. “Eating for a Cause” Pancake Breakfast to benefit the Stefan Strong Foundation—a non-profit supporting efforts to research and assist in the prevention, detection and treatment of cancer, on Sunday, January 27 at the Randolph Community Center from 8:00 a.m. - 12:00 p.m. (snow date 2/2)
6. Morris County Chamber of Commerce: Lunch and Learn: “Keep More of What you Earned,” at the Morris County Chamber of Commerce in Florham Park on Wednesday, January 30 at 11:45 a.m.
7. Council Budget Session at 5:00 p.m. followed by Regular Council Meeting on Thursday, February 7
8. Ironia Elementary School’s Winterfest, February 9 from 10:00 a.m. - 4:00 p.m. at Ironia Elementary School (snow date 2/10)
9. Council Budget Session, Saturday, February 16 at 8:30 a.m.
10. Randolph Area Chamber of Commerce Monthly Networking Luncheon at LaStrada Restaurant, Topic: “Annual Tax Update for 2018/2019” on February 21 from 11:45 a.m. - 1:15 p.m.
11. Randolph Rescue Squad 2019 Installation Dinner, February 23, Roxbury FD Company #1, 122 Main Street, Roxbury from 6:00 p.m. - 11:00 p.m. RSVP to .(JavaScript must be enabled to view this e-mail address)
12. Habitat for Humanity, Hearts and Hammers Gala, Saturday, February 23 at the Meadow Wood Manor from 6:00 p.m. - 11:00 p.m.—RSVP by 1/23/19 to Morrishabitat.org/gala
13. Ironia Fire Department Inspection Dinner has changed from Saturday, January 19 to Saturday, March 2
14. Morris County League of Municipalities meeting is February 20

I. ORDINANCES: INTRODUCTION

1. Ordinance No. 01-19: Calendar Year 2019 Ordinance to Exceed Municipal Budget Appropriation Limits and to Establish a Cap Bank

Manager Mountain explained that this is an annual ordinance. The state allows municipalities to bank unused dollars within the appropriations cap. It allows for budget flexibility in the event of a crisis situation.

BE IT RESOLVED, that an Ordinance entitled “CALENDAR YEAR 2019 ORDINANCE TO EXCEED MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.15a et seq)” be introduced, 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 7th of February 2019 at 7 o’clock in the evening, 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.

Councilwoman Veech made a motion to introduce the ordinance. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

J. DISCUSSION ITEMS

1. Discussion on Authorizing and Supporting the Housing Authority of Morris County’s Request for a Community Development Block Grant Program (CDBG) for the Replacement of the Playground Equipment and Installation of Poured Soft Surface at the Randolph Family Complex on Bennett Avenue—Resolution R-41-19

Mayor Loveys explained that the Community Development Block Grant (CDBG) is offered by the County of Morris. The first issue deals with the Housing Authority of Morris County. There is a low income housing project at 53 Bennett Avenue. The grant is for $80,000. Associated with that housing project is a playground. As part of the application process, the Township Council must discuss it at a public meeting. Mayor Loveys explained that Kelly from the Morris County Housing Authority was present and could provide an overview.

Kelly Stevens explained that Roberta Streeter retired at the end of 2018 after 42 years, and she is the new Executive Director of the Housing Authority of Morris County. She has worked in the Housing Authority for 22 years and is familiar with the working relationship with Randolph Township. The playground by the Bennett Avenue complex has been there approximately 15-20 years old. The grant would replace the equipment and utilize a poured soft surface instead of using mulch or shredded rubber.

Manager Mountain explained that the Council is acting on the Resolution which supports the Housing Authority’s submittal of the grant application. The Manager explained that there was nothing in the grant application that he felt the Council would object to.

Mayor Loveys reiterated that this is the Housing Authority’s project and application; because it is in Randolph, they alert the township for discussion by the Council.

Deputy Mayor Carey made a motion to accept Resolution R-41-19. Councilwoman Veech seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

R-41-19

WHEREAS, the Randolph Township Council authorizes an application to the Morris County Community Development Block Grant (CDBG) Program for the Housing Authority of County of Morris, for the replacement of the playground equipment and installation of a poured soft surface (as described in the proposal) at the Randolph Family Complex located on Bennett Avenue in Randolph Township; and

WHEREAS, if the Housing Authority of Morris County is awarded CDBG funds, Randolph Township shall implement the activities in a manner to ensure compliance with all applicable federal, state, and local laws and regulations.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, does hereby support the Housing Authority of Morris County request for a CDBG Grant and authorizes the Mayor to sign the Grant Agreement.

2. Discussion on Authorizing and Supporting Morris Habitat for Humanity’s Request for a Community Development Block Grant Program (CDBG) for the Neighborhood Revitalization/Aging in Place Program—Resolution R-42-19

Mayor Loveys explained that Habitat for Humanity has a CDBG in to Morris County. Similar to Discussion Item 1, the township is alerted to the application for Council discussion. He explained that none of the work is proposed for Randolph, but the County instructed them to advise Randolph since the ReStore is located in the township. Chief Executive Officer Blair Bravo sent the application to the Council for discussion. Habitat for Humanity is looking for a grant of approximately $50,000 for home repairs and their Aging in Place projects. The projects are going to occur in Morristown, Wharton and Dover.

Deputy Mayor Carey made a motion to accept Resolution R-42-19. Councilwoman Potter seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

R-42-19

WHEREAS, the Randolph Township Council authorizes an application to the Morris County Community Development Block Grant (CDBG) Program for the Morris Habitat for Humanity for the Neighborhood Revitalization/Aging in Place Program for the rehabilitation and improvement of homes of Morris County senior citizens to improve mobility, accessibility, energy efficiency and safety; and

WHEREAS, if the Morris Habitat for Humanity is awarded CDBG funds, Randolph Township shall implement the activities in a manner to ensure compliance with all applicable federal, state, and local laws and regulations.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, does hereby support the Morris Habitat for Humanity request for a CDBG Grant and authorizes the Mayor to sign the Grant Agreement.

3. Presentation of Manager’s Goals—2019

Manager Mountain reported the following:

• 2019 budget—the financial conditions in which the 2019 budget will be prepared are expected to be similar to those of the past year.
• Water & Sewer Utility Rates—he will present a plan to the Council at this meeting; a rate increase in the water utility and a rate decrease in the sewer utility will be recommended.
• Employee negotiations—all of the employee contracts are settled; during the second half of 2019 they will negotiate the police contract.
• Water & Sewer improvements—a number of improvements are planned. The completion of the Meadowbrook Road water main; Woodlawn Terrace/Schuman Road sewer extension; pump stations at CCM and Meadowbrook are targeted for upgrade.
• Infrastructure planning—in the Capital plan for 2019 there is a sewer system master plan. A water master plan was completed about five years ago; it’s been many years since a sewer master plan was completed. The plan will provide the focus for the next ten years.
• EA Porter—will be transitioning shortly to the Habitat for Humanity project. The ground field remediation phase is almost complete, with the site plan development capping. This is necessary for the DEP to approve in order for Habitat for Humanity to build 25 affordable housing units. The specifications are done; the township engineer is working with the purchasing agent on the package ready to go out for bid, with the award anticipated in the spring.
• Economic Development Committee—the committee has been very active the last couple of years, working with his office on a variety of issues. A new EDC website will be launched in 2019; it is currently in the final stages of review. A grant was received from the Morris County Economic Development Corporation to develop the website. The website should help to reach the decision makers looking at Randolph as a potential location for a business. The Council, staff, and EDC will be working together on a number of outreach efforts that are planned to promote the township’s business community and work with property owners in the township to develop or redevelop their properties.
• Veterans Community Park—the project is underway. There are several other recreation improvement projects scheduled; he will be working with the engineering and recreation departments on those projects.
• Cell tower—this project is more challenging since the township does not have total control over the project. It was bid, and Verizon received the initial bid, but due to a fatal flaw in their paperwork, the bid had to be rejected. The project went back out to bid and a tower company, Gaelic Incorporated won the bid; they have completed their due diligence and have submitted their application to the Planning Department for preliminary review. The planning review process will be moving forward in 2019. The hold-up currently is that Verizon, the next lowest bidder, has not moved ahead with the township with the lease or with discussions with the tower company about signing with them. He and representatives from Gaelic Incorporated have discussed a variety of strategies to jump start the process.
• NJDOT and Route 10—this has been a longstanding challenge for the township. He and former Mayor Forstenhausler spent a lot of time last year meeting with the DOT. The former Mayor went on record with the Commissioner in December and received a verbal commitment for her to become involved. The township is working on setting up that meeting; problem statements are being completed by the Engineering Department. These problem statements have been submitted before, but they are now being updated. It may take the political involvement of our legislators as well as any other appropriate avenue to make these improvements happen. At the State, it’s no longer just a funding issue, it’s more of a manpower and focus issue. The DOT does not have the staffing it did a decade ago; getting the correct people on the job is one of the challenges. There are some funds that were already committed to the improvements; the State has to agree to improvements that match the township’s vision for what needs to be done. He will work with Mayor Loveys to move this forward in the coming months.
• Morris County Projects—there are several projects scheduled.
  • The Combes Hollow bridge project will hopefully get completed this year; it was delayed due to a historic archeological review.
  • They will continue to work on the Quaker Church and Center Grove roads project, which is still a couple of years out; that is coming through a grant. There will be a public meeting on this project in late winter or early spring.
  • Dover Chester Road and the section of Quaker Church Road that the county maintains will be resurfaced.
• Facility improvements—looking at a redesign for the Police Department offices. Also looking at the design for improvements to the front of the Municipal Building. He is currently working on a Request for Proposal for the telephone system; it will go out for a third party. Initial consideration was to have it done internally and some things were improved, but it really needs an expert.
• Retaining wall projects continue—the non-emergency piece of Millbrook Avenue and Fords Road wall is scheduled for 2019; it is currently being designed by the engineer.
• Public transportation enhancement initiative—he has been working with Councilwoman Veech as well as representatives from TransOptions and a couple of residents. They are trying to utilize the survey data to try to get a service provider.
• Affordable housing—continuing to work with the Township Attorney, township staff, Council, and other professionals.
• Personnel changes—two Public Works foremen are retiring in February and March; they are starting to schedule interviews. The building sub-code official will be retiring at the end of 2019, and one of the Lieutenants in the Police Department has announced his retirement. Engineering Administrator/Water & Sewer Director, Ralph Carchia, is retiring and starting a new career. His job has been posted.
• Township Communications—workgroup will meet to discuss general and emergency communications and potential improvements.

4. Water & Sewer Utility Rate Analysis/Recommendation

Manager Mountain explained the following as related to the water utility:

• The water utility has been monitored for the past several years.
• The rates were last increased in 2012. At that time, the structure of the rates was different; the utility was dependent on the high volume users to meet its revenue goals. That recommendation was aimed at an increase as well as a reshaping of the way the various tiers of rates were balanced. This time the recommendation is more straight forward.
• The fund has had two major capital investments in the last couple of years, the Sussex Turnpike and Meadowbrook Road water line projects; they have added debt to the sewer utility budget.
• The rates that the township is charged for bulk purchase of water have been increasing in recent years due to capital improvements in which the Morris County MUA has been involved.
• The water fund is currently fine; however, if nothing was done, within the next couple of years, the water fund will go from a strong position to a deficit because there will not be enough revenue collected.
• Darren Maloney looked at a five year window and determined that an additional $500,000 annually would be needed. The analysis determined that to achieve that, an across the board increase of 16.75% was needed.

Darren Maloney explained the following as related to the water utility:

• The water department will require a $500,000 increase in revenue to meet its obligations during the next five year period. To meet this revenue target, current water rates have to be increased 16.75%.
• The 16.75% will result in the average annual water bill increasing from $509.50 to $594.84. It will result in a $21.34 per quarter increase for the average user.
• He explained the current rate structure in detail. The proposal is to increase the base rate from $20.00 to $23.35; the first tier from $3.75 to $4.38; the next tier from $6.60 to $7.71; the final tier from $10.60 to $12.38 per one-thousand gallons.
• The current average user is using about 27,000 gallons per quarter; which reflects a $127.38 bill per quarter. The proposed average bill will increase to $148.76 per quarter. The base rate will be $23.35; the first tier will increase to $109.50; and the next tier will increase to $15.93. This will result in a total of $148.78 per quarter for the average quarterly bill.
• He looked at alternate rate structures and scenarios, but felt that there was no guarantee that the township could get the $500,000 needed. With the 16.75% increase across the board, it’s guaranteed to hit the target.
• The analysis is very conservative; it does not factor in any additional water accounts over the next five years.

Manager Mountain added that they looked beyond five years, and the costs will still be there. At that point there will be the need for consideration of a rate increase; how much of an increase will be determined by the next five years of growth. He noted that the last increase was more significant. The improvements to the system from a capital perspective are those to the existing portions of the system from which current users are benefitting. The projects are not expansions of the system, they are improvements to the existing lines.

Manager Mountain explained that the interest is to move this forward in the coming month in order to maximize the ability to get a full year’s collection at the new rate since that is what the analysis was based upon.

Councilwoman Veech felt that the Council members needed to reflect on the rate increase.

Councilman Nisivoccia asked what the increase was seven years ago. Manager Mountain replied that the base went from $5.00 to $20.00 and the tiers went up similarly. He did not have the percentage available, but would provide it at a later time.

Councilman Tkacs stated that he understood the need, but asked why there is a base rate and not just build that into the rate per gallon. Manager Mountain replied that the logic behind it is that it establishes a solid number, not based on any gallon usage.

Mayor Loveys added that he believed that the township was instituting some conservation measures at the time of the last increase in 2012.

Councilwoman Carey asked if Darren knew what percentage of residents fell into each of the different tiers. Darren responded that the average user will use the first tier; under current rates, it costs them $93.75 per quarter and those in the second tier is $13.16. Under the new proposal, the average user is only using 25,000 gallons and will be billed $109.50 and they will be using 2,000 gallons in the next tier and will be billed at $15.93; when you add the base, the total will be $148.78 per quarter. Manager Mountain added that they could look and see if they can get the number of users per tier. Councilwoman Carey felt that there wasn’t a way for residents who try to conserve water to benefit much financially from using less water. Manager Mountain stated that he understood that, but from the township’s perspective, the base charge is necessary to achieve revenue goals. He explained that they tried to determine the minimum level across the board to get to the targeted revenue amount.

Councilman Nisivoccia stated that he understood there has been no rate increase in seven years, which is roughly 2% per year. He asked if it is necessary to make up the shortfall this year, or could half of the shortfall be made up this year, and then over the next couple of years have a more modest increase. Manager Mountain replied that by increasing it by a couple of percent per year, it may wind up being more by the end of five years. He explained that he and Darren would look into it.

Councilman Forstenhausler explained that he was in the meetings with Manager Mountain and Darren Maloney. He felt that there are various ways it can be done, including incrementally, but thought that potentially increasing it every five to seven years was better. He also noted that there will be a decrease in sewer costs, even though it only affects a limited number of residents, which will balance the water rate increase.

Manager Mountain explained the following as related to the sewer utility:

• A similar review was completed on the sewer utility fund.
• The sewer utility has performed exceedingly well financially. The year 2018 is going to close out with a fund balance close to $10.5 million.
• They have been building the fund’s surplus as part of a calculated strategy that goes back to both the previous Manager and CFO working with the Council at the time, anticipating costs associated with the Butterworth sewer initiative and potential financial impact from the Jersey City RVRSA litigation of which Randolph is a member. The litigation is ongoing.
• The capital costs associated with the Butterworth sewer initiative are now known and the impact of the project has been less costly than originally projected.
• The Jersey City RVRSA litigation is ongoing; however, based on the current status of the litigation and the sewer utility’s healthy fund balance, it was concluded that the financial reserve in place is at a responsible level and efforts to generate further revenue reserve can be relaxed.
• From the five year projection, the analysis showed that the sewer utility rates could be reduced on average by 12.4%, resulting in a revenue reduction of approximately $500,000 annually.

Darren Maloney explained the following as related to the sewer utility:

• The current structure includes $188 quarterly bills for most residents, which includes those living in single family homes as well as those in non-single family units with more than two bedrooms. A slightly modified rate applies to non-single family units with two bedrooms ($142 per quarter) and fewer than two bedrooms ($114 per quarter). A rate for commercial/professional/industrial/school is also established.
• The 12.4% reduction proposal is:
  • Single family and non-single family units with more than two bedrooms—rate will go from $188 to $164.69 per quarter.
  • Non-single family units with two bedrooms—rate will go from $142 to $124.40 per quarter.
  • Non-single family units with fewer than two bedrooms—rate will go from $114 to $99.87 per quarter.
  • The commercial/professional/industrial/school—rate will go from quarterly base of $188 (which includes up to 32,000 gallons) and $6.20 per 1,000 gallons in excess of 32,000 gallons to a quarterly base of $164.69 and $5.44 per 1,000 gallons in excess of 32,000 gallons.
  • The average resident paying $188 per quarter should see an annual reduction of $93.24. Those paying $142 per quarter should see an annual savings of $70.40 and those paying $114 per quarter should see an annual savings of $56.52.
  • Commercial/professional/industrial/school annual savings is unavailable.

Councilwoman Veech asked for the percentage of residents that have both public water and sewer. Darren replied the water-only accounts number 2, 927; sewer-only accounts number 1,134; and both water and sewer accounts number 3,130.

Manager Mountain explained that he would like to have a more conclusive discussion at the upcoming budget meeting. If that discussion leads to a consensus, have an ordinance that is ready for introduction at that meeting. If it goes into February, the recommendations would need to change since there would only be three quarters of collection in 2019.

K. OPEN TO THE PUBLIC

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

L. COUNCIL COMMENTS

Councilwoman Potter attended the Traffic Advisory Committee meeting; they had the reorganization. Officer Biase reported the movie night was good, but they are not sure if the event will continue. Officers have been following school buses in unmarked cars, but it has resulted in a low number of offenses. A new traffic counter is being utilized in the township; it has the ability to monitor traffic in both directions. It’s being used to monitor speed limits on various roads, and to possibly make changes.

Councilwoman Potter also attended the Freeholder’s public budget meeting; the purpose was to obtain public input on the 2019 budget. Councilwoman Potter reported the various concerns stated by the attending public, and stated that she requested a municipal level computer interface portal to County Health and Human Services.

Councilman Nisivoccia reported that he and Councilwoman Potter attended the seminar for newly elected officials. He found it very interesting to meet and share information with others across the state.

Councilman Nisivoccia attended the Volunteer Appreciation Dinner; he liked the newer format instituted last year, but was disappointed at the attendance compared to last year. He appreciated the number of volunteers in Randolph.

Councilman Nisivoccia also attended the Library Board of Trustees meeting; they are now accepting credit cards for payment of fines. They are exploring a “food for fines” program. They are still working out details, but a couple times during the year when the Randolph food pantry is low, they will give an option to bring food for the pantry instead of paying a fine. He and Manager Mountain met with the Library Director to discuss details of how the library and township work together.

Councilman Nisivoccia also attended the Board of Health meeting; the board is seeking more representation from the Board of Education (BOE). Member of the BOE have been invited in the past, but they do not regularly attend. They are going to more aggressively invite the BOE members to attend in order to share resources with the schools. Vaping is a real issue in the schools and the Board of Health wants to help with this issue.

Councilman Tkacs attended the Operation Gratitude at Brighton Cromwell. They made personal care packages for the troops, and also stuffed teddy bears for the children of service members serving overseas.

Councilman Tkacs reported that he and other Council members attended grand openings of Astute Academics and Max Challenge.

Councilman Tkacs also attended the Volunteer Appreciation Dinner.

Councilwoman Veech attended the grand openings as well as the anniversary celebration at the Primrose School. She also attended the Morris County reorganization meeting with other Council members.

Councilwoman Veech attended the Community Garden subcommittee meeting. Township Engineer Paul Ferriero attended the meeting and provided an update on the park. The park is scheduled to be completed by the contractor on July 28th, weather permitting. The subcommittee is considering a grand opening in September. The online open registration for the Community Garden plots will begin on April 1st. The first educational program about gardening and the garden will be on May 6th.

Councilwoman Veech reported that the Parks Committee again voted Jeff Stickles as the Chairman. There was a discussion about coyotes, and how the township might approach this issue in the future with the Wildlife Advisory Committee.

Councilwoman Carey reported that the grand opening events were good. She explained that the Primrose School had a ground breaking two years ago, a ribbon cutting last year, and now they had the one year anniversary event; it was nice to see the progression.

Councilwoman Carey attended the Recreation Committee meeting; Joe Nazarro was selected as the Chairperson for the sixteenth year, and the Vice Chairperson is Anne Standridge. The new Assistant Director of Parks and Recreation, Steve Eisenstein, was introduced. Since there were new members, Joe discussed the background of the committee, its past goals as well as the plan for the upcoming year. The preliminary numbers for early registration for spring sports are trending higher than last year.

Councilman Forstenhausler reported that he and other Council members attended the Morris County reorganization meeting. He also reported that he was unable to attend the quarterly Safety meeting or ribbon cutting ceremonies due to knee replacement surgery.

Mayor Loveys reported that he attended the same events as the other Council members. He added that he had the opportunity to go to the commander’s house at Picatinny Arsenal; it was a reception for the New Year. The Brigadier General and his wife greeted visitors; it was a very nice event.

Mayor Loveys spoke at the Randolph Chamber of Commerce luncheon about the Economic Development Committee (EDC). The EDC has a few initiatives; one of them is to update the Randolph Local website, and specifically the business directory. He felt the EDC is a vibrant group.

Mayor Loveys also reported that County Administrator John Bonani invited the Mayors to a meeting similar to one Councilwoman Potter attended at the County, and he will be attending. He plans to reinforce the issues that were brought up at the meeting Councilwoman Potter attended, as well as the road overlay projects. He was unsure if the County had much control over the bridge project, but he would mention that as well. Councilwoman Veech suggested that the Mayor also bring up the DOT projects in the township.

M. SECOND EXECUTIVE SESSION (Reconvene if Necessary)

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

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

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

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

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

Recreation Personnel

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

4. At the conclusion of the Executive Session, the Council may or may not reconvene in public session for the purpose of taking formal action.

Councilwoman Veech made a motion to move into Executive Session at 8:50 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

Councilwoman Veech made a motion to close the Executive Session at 9:10 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None

N. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 9:10 p.m. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler (via phone)
Councilman Nisivoccia
Councilwoman Potter
Councilman Tkacs
Councilwoman Veech
Deputy Mayor Carey
Mayor Loveys

NAYS: None