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

Minutes: July 9, 2015

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 5:00 p.m. by Deputy Mayor Hirniak. 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 provided to the Morris County Daily Record on June 8, 2015, by emailing them the Special Meeting Notice and was advertised in the Daily Record on June 11, 2015.

2. Roll Call

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

Also present: Township Manager Mountain and Ed Buzak from the Law Office of Edward Buzak.

3. Pledge of Allegiance

Deputy Mayor Hirniak led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that she would not be attending any more meetings in July.

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

C. MANAGER’S REPORT

Manager Mountain reported the following:

Council Subcommittee Meeting with Matt Tal—they have met to review the golf course property and possible conservation options; the meeting was very positive. The Manager will be providing a summary of the meeting for the full Council that can be discussed in Executive Session on July 30th.
Rejection of Bids for the Boiler Replacement—the bids came in higher than the Engineer’s estimate. The bids are being rejected at this meeting; however, that does not necessarily conclude that there will not be an option for proceeding on the project. He, staff members, and technical consultant Strunk-Albert will be meeting with a contractor who is under contract through Middlesex County Co-Op for boiler replacement who the township has worked with on other projects and has had favorable results. If they successfully get the contractor to come within budget, the Manager will advise the Council on July 30th. It will likely not require any further action since there is already a contract through the co-op that the township is approved to use.

D. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #12-15: An Ordinance Accepting a Temporary Construction Easement Over a Portion of Block 146, Lot 69 on the Official Tax Map of the Township of Randolph from Matthew Sprung

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF BLOCK 146, L0T 69 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM MATTHEW SPRUNG” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the second readings of the Ordinances were moved to earlier in the meeting because Ordinance #12-15 and #14-15 had to be done before the Resolutions associated with them were acted upon in the Combined Action Resolutions. The Manager explained that this Ordinance is accepting the easement needed for temporary work on the wall replacement project for Matthew Sprung.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF BLOCK 146, L0T 69 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM MATTHEW SPRUNG” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno made a motion to accept the Ordinance. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance #13-15: Providing for Improvements to the Real Property Located at 42 Bennett Avenue by Township of Randolph, Appropriating $2,000,000 Therefore, Including $1,000,000 from the Township’s Housing Development Trust Fund and a Grant in the Amount of $600,000 Expected to be Received from Habitat for Humanity, and Authorizing the Issuance of $380,000 Bonds or Notes of the Township to Finance Part of the Cost Thereof

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO THE REAL PROPERTY LOCATED AT 42 BENNETT AVENUE BY THE TOWNSHIP OF RANDOLPH, APPROPRIATING $2,000,000 THEREFOR, INCLUDING $1,000,000 FROM THE TOWNSHIP’S HOUSING DEVELOPMENT TRUST FUND AND A GRANT IN THE AMOUNT OF $600,000 EXPECTED TO BE RECEIVED FROM HABITAT FOR HUMANITY, AND AUTHORIZING THE ISSUANCE OF $380,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is the Capital Ordinance that will be supporting the environmental remediation on the Bennett Avenue property, also known as EA Porter. It also provides funding for the laying of concrete foundation for the building to be constructed by Habitat for Humanity. It includes the anticipated contribution from Habitat of $600,000 towards the project as well as the offset which will be coming from the township’s general fund, and the larger piece coming from the housing trust.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO THE REAL PROPERTY LOCATED AT 42 BENNETT AVENUE BY THE TOWNSHIP OF RANDOLPH, APPROPRIATING $2,000,000 THEREFOR, INCLUDING $1,000,000 FROM THE TOWNSHIP’S HOUSING DEVELOPMENT TRUST FUND AND A GRANT IN THE AMOUNT OF $600,000 EXPECTED TO BE RECEIVED FROM HABITAT FOR HUMANITY, AND AUTHORIZING THE ISSUANCE OF $380,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Guadagno asked when the project would be started. Manager Mountain stated that the demolition of the building is anticipated in the fall of this year; they are waiting on permitting that is expected by October at the latest. A bid for the demolition work will be going out in August. The rest of the work is not anticipated to begin until the spring of 2016.

Councilman Guadagno made a motion to accept the Ordinance. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

3. Ordinance #14-15: An Ordinance of the Township of Randolph Appropriating $100,000 from the Capital Improvement Fund for Retaining Wall Improvements

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $100,000 FROM THE CAPITAL IMPROVEMENT FUND FOR RETAINING WALL IMPROVEMENTS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is an Ordinance that provides supplemental funding for the retaining wall project. It is covering some of the costs that came in higher than anticipated when the project was bid. There is also a portion of the Ordinance that covers funding that was originally thought might be able to be used in the Capital for planning for this, but upon further review that cannot be used because it was money that had been run through the Recreation Trust. He further explained that there was some funding set aside originally for a retaining wall in Heistein Park; that money is still there, but it cannot be used for this project. These are coming from canceled Ordinances that the Council acted on at the last meeting by Resolution.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $100,000 FROM THE CAPITAL IMPROVEMENT FUND FOR RETAINING WALL IMPROVEMENTS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman Napoliello made a motion to accept the Ordinance. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

E. COMBINED ACTION RESOLUTIONS

Councilman Napoliello made a motion to accept the Combined Action Resolutions. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

1. Awarding a Contract for Everdale Road Retaining Wall Replacement Project to Reivax Contracting—$186,750

R-169-15

WHEREAS, the Township of Randolph advertised for the Everdale Road Retaining Wall Replacement project in accordance with Local Public Contracts Law and received bids on June 5, 2015; and

WHEREAS, 5 bids were received; and

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

Kulpeksa Land Improvement Co., Rockaway, NJ—Base Bid: $198,765.00;
Your Way Construction Inc., Irvington, NJ—Base Bid: $209,069.00;
Reivax Contracting, Newark, NJ—Base Bid: $186,750.00;
Cifelli & Son General Contr., Inc., Nutley, NJ—Base Bid: $285,100.00;
Sanitary Construction Company, Rockaway, NJ—Base Bid: $233,225.59; and

WHEREAS, the Engineer and the Purchasing Agent recommend the award of the contract to Reivax Contracting as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Everdale Road Retaining Wall Replacement to Reivax Contracting of Newark, NJ.

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 Reivax Contracting of Newark, NJ for the Everdale Road Retaining Wall Replacement project for the price of $186,750.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 9, 2015

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 General Capital Fund, Ordinance 14-15, Retaining Wall Improvements and Ordinance 09-15 Various Capital Improvements, Retaining Wall Repairs, to award a contract to Reivax Contracting for retaining wall improvements, per its response to a township bid solicitation.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-971-300 (not to exceed $100,000)
04-215-55-968-304 (not to exceed $86,750)

2. Refund a Portion of Registration for Day Camp Session 4 to Patti Narcise of 23 Aldebaran Drive—$255.00

R-170-15

WHEREAS, Patti Narcise registered her children for Day Camp Session 4 and paid the fee of $280.00; and

WHEREAS, her children will not be attending the Day Camp Program Session 4 due to a conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $255.00 be refunded to Patti Narcise, 23 Aldebaran Drive, Randolph, NJ 07869.

3. Release Road Opening Cash Bond for Repaving Driveway at 174 Morris Tpke., Block 47, Lot 15 to Patricia Kluchartis—$500.00

R-171-15

WHEREAS, the Engineering Department has received a request from Patricia Klucharits, for the release of a $500.00 cash road opening bond posted for the repaving the driveway at 174 Morris Tpke., Block 47 /Lot 15, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on May 14, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the driveway at 174 Morris Tpke., Block 47/Lot 15, 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 Patricia Klucharits, 174 Morris Tpke., Randolph, NJ 07869.

4. Refund Tax Overpayment for Block 167, Lot 6 at 3 Cushing Ct. to Eric and Lori Szoke—$2,007.35

R-172-15

WHEREAS, Eric/Lori Szoke has overpaid 2015 taxes in the amount of $2,007.35, on Block 167, Lot 6, known as 3 Cushing Court; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $2,007.35 to Eric/Lori Szoke.

5. Refund Overpayment of Tax Years 2012, 2013, & 2014 for Block 21.05, Lot 125 for 21 Orchard Drive—to Anthony & Amber Meditz—$4,228.27

R-173-15

WHEREAS, Anthony/Amber Meditz has been granted a reduction in assessed valuation for the tax years 2012, 2013 & 2014 by the Tax Court of New Jersey on Block 21.05, Lot 125, known as 21 Orchard Drive; and

WHEREAS, an overpayments exists as a result of the reduction for the year 2012 in the amount of $1,380.47, 2013 in the amount of $1,409.56 and 2014 in the amount of $1,438.24.

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 $4,228.27 to Anthony/Amber Meditz.

6. Refund Overpayment of 2013 and 2014 Taxes for Block 112, Lot 15 at 399 Route 10 to Route 10 East, LLC—$17,092.66

R-174-15

WHEREAS, 399 Route 10 East, LLC has been granted a reduction in assessed valuation for the tax years 2013 & 2014 by the Tax Court of New Jersey on Block 112, Lot 15, known as 399 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $6,768.66, and 2014 in the amount of $10,324.00.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $17,092.66 to 399 Route 10 East, LLC.

7. Refund Overpayment for 2012 Taxes on Block 51.01, Lot 11 at 2 Canterbury Ct. to David Curtis and Patricia Connolly—$4,681.29

R-175-15

WHEREAS, David Curtis/Patricia Connolly has been granted a reduction in assessed valuation for the tax year 2012, by the Tax Court of New Jersey on Block 51.01, Lot 11, known as 2 Canterbury Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2012 in the amount of $4,681.29.

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 $4,681.29 to David Curtis/Patricia Connolly.

8. Refund Overpayment of 2012, 2013, and 2014 Taxes for Block 35, Lot 33 for 3 Pamela Drive to Randy/Tracey Kleinwaks—$3,024.67

R-176-15

WHEREAS, Randy/Tracey Kleinwaks has been granted a reduction in assessed valuation for the tax years 2012, 2013, and 2014 by the Tax Court of New Jersey on Block 35, Lot 33, known as 3 Pamela Drive; and

WHEREAS, an overpayment exists as a result of the reduction for the year, 2012 in the amount of $987.51, 2013 in the amount of $1,008.32, and 2014 in the amount of $1,028.84.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $3,024.67 to Randy/Tracey Kleinwaks.

9. Release Road Opening Cash Bond for Driveway Grading and Paving at 130 Quaker Church Road, Block 136, Lot 8 to Michael Alessandra—$1,000.00

R-177-15

WHEREAS, the Engineering Department has received a request from Michael Alessandra for the release of a $1,000 Road Opening Cash Bond posted for the purpose of driveway grading and paving for a new home construction at 130 Quaker Church Rd., Block 136 Lot 8,Randolph; and

WHEREAS, the Driveway Bond consisted of a $1,000.00 Cash Bond, which was received and deposited with the Finance Department on March 9, 2015; and

WHEREAS, the Applicant was required to post this Cash Bond to guarantee the grading and paving of the driveway at 130 Quaker Church Rd., Block 136 Lot 8, within the Township Right of way; and

WHEREAS, the Engineering Department has inspected the 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 Driveway Bond in the amount of $1,000.00 be refunded to Michael Alessandra, 130 Quaker Church Rd., Randolph, NJ 07869.

10. Release Road Opening Cash Bond for connecting to Storm Drain at 43 Sandra Lane, Block 133, Lot 24 to Comp-Easy Software, LLC, c/o James Campisi—$500.00

R-178-15

WHEREAS, the Engineering Department has received a request from James Campisi, for the release of a $500.00 cash road opening bond posted for connecting to storm drain at 43 Sandra Lane, Block 133/Lot 24, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 2, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the pipe connection to the storm drain at 43 Sandra Lane, Block 133/Lot 24, 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 Comp-Easy Software,LLc, c/o James Campisi, 43 Sandra Lane, Randolph, NJ 07869.

11. Release Road Opening Cash Bond for Repaving the Driveway and Installing Trench Drain at 33 Misty Mountain Rd., Block 220, Lot 4 to Vittorio David Bernadino—$500.00

R-179-15

WHEREAS, the Engineering Department has received a request from Vittorio David Bernadino, for the release of a $500.00 cash road opening bond posted for repaving driveway and installing trench drain at 33 Misty Mountain Rd., Block 220/Lot 4, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 12, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the pipe connection to the storm drain at 33 Misty Mountain Rd., Block 220/Lot 4, 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 Vittorio David Bernadino, 33 Misty Mountain Rd., Randolph, NJ 07869.

12. Refund Overpayment of 2015 Taxes on Block 184, Lot 3.07—307 Boulder Ridge Drive to Ocwen Loan Servicing—$1,245.57

R-180-15

WHEREAS, Ocwen Loan Servicing has overpaid 2015 taxes in the amount of $1,245.57, on Block 184, Lot 3.07 known as 307 Boulder Ridge Drive, assessed to Ellen Cipolletti; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $1,245.57 to Ocwen Loan Servicing.

13. Refund Outside Tax Sale Certificate #1970 for Block 5, Lot 7—1584 Sussex Tpke. to Pro Capital Fund III—$48,206.34

R-181-15

WHEREAS, Outside Tax Sale Certificate #1970 held by Pro Capital Fund III, assessed to Jhon Simbana, Block 5, Lot 7, 1584 Sussex Tpke.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $26,206.34 and premium in the amount of $22,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $48,206.34 to Pro Capital Fund III, holder of Tax Sale Certificate #1970.

14. Approving the Township’s Corrective Action Plan for Submission to the Division of Local Government Services

R-182-15

WHEREAS, in accordance with Local Finance Notice 92-15, all municipalities must prepare a Corrective Action Plan as part of their annual audit process; and

WHEREAS, the 2014 Audit report for the Township of Randolph has been filed; and

WHEREAS, attached is the Township’s Corrective Action Plan as a result of the 2014 audit.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a Corrective Action Plan be approved and submitted to the Division of Local Government Services.

15. Refund Outside Tax Sale Certificate #1956 for Block 199.01, Lot 34.09 for 3 Old Wood Lane North to FWDSL & Associates—$108,100.86

R-183-15

WHEREAS, Outside Tax Sale Certificate #1956 held by FWDSL & Assoc., assessed to Colin W. Abbott, Block 199.01, Lot 34.09, 3 Old Wood Lane North; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $82,100.86, and premium in the amount of $26,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund $108,100.86 to FWDSL & Assoc. holder of Tax Sale Certificate #1956.

16. Authorizing Award of MCCPC Contract #43 for Propane Gas—Rebid to Amerigas Propane in Chester

R-184-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #43 (Propane Gas) Rebid; and

WHEREAS, bids had been advertised and received on July 1, 2015, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received for Contract #43 (Propane Gas) Rebid; and

WHEREAS, Amerigas Propane in Chester, New Jersey, was the lowest responsive and responsible bidder for a three-year term for the following prices:

Category I:
Bulk Deliveries of Propane Gas (For 100 Gallon Tanks and Larger)—$0.495 per gallon

Category II:
Bulk Deliveries of Propane Gas Cylinder Service (For Tanks Smaller Than 100 Gallons)—$0.625 per gallon

Category III: Monthly Rental Charges
Item 1: Per cylinder / monthly charge—$0.0
Item 2: Per 100 gallon tank / monthly charge—$0.0
Item 3: Per 500 gallon tank / monthly charge—$0.0
Item 4: Per 1,000 gallon tank / monthly charge—$0.0

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Council hereby authorizes the award of Contract #43 (Propane Gas) Rebid as stated above for the term of July 1, 2015 - June 30, 2018.

17. Authorizing Rescission from Central Poly in Linden, NJ and Re-Awarding to Various Bidders of Various Items of MCCPC Contract #25 for Janitorial Supplies

R-185-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #25 (Janitorial Supplies); and

WHEREAS, bids had been advertised and received on April 23, 2015, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the Township awarded Contract #25 (Janitorial Supplies) to various vendors on June 4, 2015; and

WHEREAS, Central Poly in Linden, New Jersey, was awarded several items however they failed to provide mandatory insurance information pertaining to automobile coverage and is therefore in default of the contract and the awarded items must be rescinded; and

WHEREAS, the next lowest responsive and responsible bidders for each item awarded to Central Poly were contacted and have agreed to hold the pricing offered in their bid proposals for the following items:

Category A:
Item #31 (Ice removing pellets, 80 lb. drum)—Mooney General—$34.03/drum

Category B:
Item #29 (Recycling bags, 33 gallon capacity)—WB Mason—$26.72/carton
Item #30 (Recycling bags, 55 gallon capacity)—WB Mason—$27.39/carton
Item #32 (Coreless trash can liners, 7—10 gallon capacity)—Interboro—$11.98/carton
Item #34 (Coreless trash can liners, 2x heavy duty, 55 gallon capacity)—Allen Paper—$11.20/carton
Item #35 (Super Tuff trash can liners, extra heavy duty)—Interboro—$27.82/carton

Category C:
Item #12 (Paper towels, multi-fold)—WB Mason—$13.79/case
Item #20 (Hard roll towels)—Allen Paper—$18.40/case

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Council hereby finds Central Poly in default and authorizes the rescission of the awarded items in Contract #25 (Janitorial Supplies) as stated above.

BE IT FURTHER RESOLVED that the Township authorizes the re-award of the items listed for the term July 1, 2015 - June 30, 2016 as stated above.

18. Release Road Opening Cash Bond for Repaving a Driveway at 11 Memory Lane, Block 120, Lot 27 to Leonard Brooks—$500.00

R-186-15

WHEREAS, the Engineering Department has received a request from Leonard Brooks, for the release of a $500.00 cash road opening bond posted for the purpose of repaving a driveway at 11 Memory Lane, Block 120/Lot 27, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on June 16, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the driveway at 11 Memory Lane, Block 120/Lot 27, 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 Leonard Brooks, 11 Memory Lane, Randolph, NJ 07869.

19. Authorizing Contracts with Motorola Solutions as an Additional Approved State Contract Vendor for the Purchase of Radio Communication Equipment and Accessories

R-187-15

WHEREAS, the Township of Randolph on March 10, 2015 via R 73-15 authorized contracts with certain approved State Contract Vendors pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c); and

WHEREAS, it’s been determined that contracts in excess of $17,500 will be entered into with an additional State Contract Vendor; and

WHEREAS, the additional State Contract Vendor has been added to the attached list.

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

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the Referenced State Contract Vendors shall be until December 31, 2015 or upon expiration of the vendor’s contract whichever is first.

20. Release Road Opening Cash Bond for Connecting to the Water Line at 121 South Rd, Block 35, Lot 41 to Judy Connelly—$500.00

R-188-15

WHEREAS, the Engineering Department has received a request from Judy Connelly, for the release of a $500.00 cash road opening bond posted for purpose of connecting to the water line at 121 South Rd., Block 35 /Lot 41, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Oct. 6, 2014; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection of the water line at 121 South Rd., Block 35/Lot 41, within the Township Right of way; and

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

21. Release Road Opening Cash Bond for Drainage Pipe Installation at 96 Meadow Brook Rd, Block 155.01, Lot 14 to Rodney Nunemaker—$500.00

R-189-15

WHEREAS, the Engineering Department has received a request from Rodney Nunemaker, for the release of a $500.00 cash road opening bond posted for purpose of drainage pipe installation at 96 Meadow Brook Rd., Block 155.01 /Lot 14, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Nov. 20, 2014; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the drainage pipe installation at 96 Meadow Brook Rd., Block 155.01/Lot 14, 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 Rodney Nunemaker, 96 Meadow Brook Rd., Randolph, NJ 07869.

22. Authorizing Rejection of All Bids for the Municipal Building Boiler Replacement Project

R-190-15

WHEREAS, the Township of Randolph advertised for the Municipal Building Boiler Replacement project in accordance with Local Public Contracts Law and received bids on June 30, 2015; and

WHEREAS, 3 bids were received; and

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

Air Systems Maintenance, Inc., Kenilworth, NJ—Base Bid: $324,000,
Alternate Bid (Asbestos Abatement): $35,000;
Dumont Mechanical, Inc., Glen Gardner, NJ—Base Bid: $289,900,
Alternate Bid (Asbestos Abatement): $35,000;
WHL Enterprises, Inc. T/A Bill Leary A/C & Htg, Metuchen, NJ—Base Bid: $297,000,
Alternate Bid (Asbestos Abatement): $No Bid; and

WHEREAS, the Engineer and the Purchasing Agent recommend the rejection of all bids as the lowest bid substantially exceeds both the cost estimates and appropriation for this service.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids for the Municipal Building Boiler Replacement project be rejected as they all exceed the cost estimates and appropriation for this service.

23. Refund Day Camp Session 2-6 Registration Fee to Alanna Huber—$700.00

R-191-15

WHEREAS, Alanna Huber registered her child for Day Camp Sessions 2-6 and paid the fee of $700.00; and

WHEREAS, her child will not be attending the Day Camp Program Sessions 2-6 due to medical condition.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $700.00 be refunded to Alanna Huber, 194 Morris Tpk., Randolph, NJ 07869.

24. Refund Travel Baseball Registration to Cindy Ippolito—$460.00

R-192-15

WHEREAS, Cindy Ippolito registered her child for Travel Baseball and paid the fee of $460.00; and

WHEREAS, her child will not be participating in the Travel Baseball program due to personal conflicts.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $460.00 be refunded to Cindy Ippolito, 13 Overlook Ave, Randolph, NJ 07869.

25. Awarding a Contract for the Sussex Turnpike Water Main Replacement Rebid to Yannuzzi Group, Inc.—$899,135.10

R-193-15

WHEREAS, the Township of Randolph advertised for the Sussex Turnpike Water Main Replacement—REBID project in accordance with Local Public Contracts Law and received bids on June 30, 2015; and

WHEREAS, 5 bids were received; and

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

John Garcia Construction Co. Inc., Clifton, NJ—Base Bid: $1,145,876.20;
Tomco Construction, Inc., Mt. Arlington, NJ—Base Bid: $1,139,799.25;
P.M. Construction Corp., Hillside, NJ—Base Bid: $1,041,825.00;
Yannuzzi Group, Inc., Kinnelon, NJ—Base Bid: $899,135.10*;
Underground Utilities Corp., Linden, NJ—Base Bid: $1,087,999.85*; and

WHEREAS, the Engineer and the Purchasing Agent recommend the award of the contract to Yannuzzi Group, Inc. as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the Sussex Turnpike Water Main Replacement—REBID to Yannuzzi Group, Inc. of Kinnelon, NJ.

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 Yannuzzi Group, Inc. of Kinnelon, NJ for the Sussex Turnpike Water Main Replacement—REBID project for the price of $899,135.10 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: July 9, 2015

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 09-15, Sussex Turnpike Waterline, and the 2015 Water/Sewer General Budget, O&E, to award a contract to the Yannuzzi Group for replacing the Sussex Turnpike Water Main, per its response to a township solicitation for bids.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 06-215-55-909-600 (not to exceed $860,000)
05-201-47-901-315 (not to exceed $6,135.10)
05-201-47-901-327 (not to exceed $25,000)
05-201-47-901-328 (not to exceed $8,000)

26. Authorizing Increasing of the Bid Threshold from $36,000 to $40,000

R-194-15

WHEREAS, pursuant to N.J.S.A. 40A:11-3(c), Andrew P. Sidamon-Eristoff, NJ State Treasurer, after consulting with Governor Chris Christie and pursuant to the provisions of Local Public Contracts Law, has exercised his authority to adjust the bid thresholds for awarding contracts by various contracting units effective July 1, 2015 from $36,000 to $40,000; and

WHEREAS, contracting units that have appointed a Qualified Purchasing Agent (QPA) pursuant to N.J.S.A. 40A:11-9(b) may take advantage of a higher bid threshold pursuant to N.J.S.A. 40A:11-3(c); and

WHEREAS, Elizabeth Crescibene was hired as the Qualified Purchasing Agent on January 12, 2012; and

WHEREAS, the political contribution threshold (Pay-to-Play) of $17,500 remains in place and all procurement over $17,500 and less than the Township’s new higher bid threshold (window contracts) is subject to Pay-to-Play laws; and

WHEREAS, the Township of Randolph desires to take advantage of the increased bid threshold.

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

The bid threshold shall be increased to $40,000.
The threshold for quotations shall be increased to $6,000 (15% of bid threshold) and at least two written quotations must be solicited.

27. Raffle License, Off-Premise 50/50, Randolph Chemical Co. #3 Ladies Auxiliary, 670 Millbrook Ave, Randolph, NJ on December 13, 2015 at 9:00 a.m.

28. Raffle License, Casino Night, Randolph Engine Company #5, Shongum, 118 West Hanover Ave, Randolph, NJ on October 24, 2015 from 7:30 p.m. to 11:30 p.m.

29. Social Affairs Permit, Randolph Engine Company #5, Shongum, 118 West Hanover Ave, Randolph, NJ on October 24, 2015 from 7:00 p.m. to 11:59 p.m.

F. ORDINANCES: INTRODUCTION

1. Ordinance #16-15: An Ordinance Accepting a Temporary Construction Easement Over a Portion of Block 146, Lot 68 on the Official Tax Map of the Township of Randolph from Blair and Lorraine Brooks

Manager Mountain explained that this is the second of the temporary construction easements that are needed for the construction of the retaining walls.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF BLOCK 146, LOT 68 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM BLAIR AND LORRAINE BROOKS” 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 30th of July 2015 at 7:00 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.

Councilman Loveys asked for clarification on Item #7 of the easement regarding indemnification; he wanted to know why there was no indemnification from the owner to the township. Attorney Buzak explained that this is a temporary construction easement; therefore, it’s for a finite period of time during construction. The indemnification provision refers to the actions of the township within the easement area. Manager Mountain added that the agreements with the contractor have indemnification clauses; they would indemnify the township.

Councilman Guadagno made a motion to introduce the Ordinance. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance #17-15: Ordinance Amending Section 3(a) of the Bond Ordinance No. 13-12 Finally Adopted on June 7, 2012 and Section 3(a) of Bond Ordinance No. 12-13 Finally Adopted on June 6, 2013 in Order to Revise the Descriptions Referred to Therein, in and by the Township of Randolph

Manager Mountain explained that during the discussion of Capital items for 2015, it was decided that the Hot Box for the Public Works Department would not be funded through new debt. This Ordinance amends a prior Ordinance that had balances in it from 2012.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE AMENDING SECTION 3(a) OF BOND ORDINANCE NO. 13-12 FINALLY ADOPTED ON JUNE 7, 2012 AND SECTION 3(a) OF BOND ORDINANCE NO. 12-13 FINALLY ADOPTED ON JUNE 6, 2013 IN ORDER TO REVISE THE DESCRIPTIONS REFERRED TO THEREIN IN AND BY THE TOWNSHIP OF RANDOLPH” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Guadagno made a motion to introduce the Ordinance. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

3. Ordinance #18-15: An Ordinance Accepting a Temporary Construction Easement Over a Portion of Block 146, Lot 67 on the Official Tax Map of the Township of Randolph from Joseph and Paula Scali

Manager Mountain explained that this is another of the temporary construction easements for the retaining wall project.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF BLOCK 146, LOT 67 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FROM JOSEPH AND PAULA SCALI” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Guadagno made a motion to introduce the Ordinance. Councilman Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

G. UPCOMING EVENTS

Council Only—NJ Natural Gas—Morris County Public Officials Reception, Parsippany Hilton on Wednesday, July 15 from 6 p.m. to 8 p.m.
Randolph Area Chamber of Commerce Luncheon at LaStrada Restaurant—Thursday, July 16 at 11:45 a.m.—bring gift cards for Shop Rite or Wal-Mart in increments of $20.00—free lunch
VFW Picnic at Freedom Park—August 8 from 12 - 4 p.m. Let Jack Sassaman know if you will be there.

H. OPEN TO THE PUBLIC

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

I. COUNCIL COMMENTS

Councilman Loveys reported on a road safety audit that he and Manager Mountain attended. Morris County Engineering Department received a grant financed by the Federal Highway Administration and NJ DOT; it is issued through the North Jersey Transportation Authority. Three intersections in Randolph were audited, all associated with Quaker Church Road: Center Grove Road, Millbrook Avenue, and South Morris Street. A Road Safety Audit is formal safety performance examination by an independent audit team. The team consisted of members from the Rutgers Center of Advancement for Transportation and Infrastructure, the North Jersey Transportation Authority, the NJDOT, the County Engineering Department, Darren Carney, Paul Ferriero, Manager Mountain, Sgt. LeMarble, and Police Officers Biase and Gould. Councilman Loveys attended as liaison to TAC, and Jim Maraska attended as the Chairman of TAC. The three intersections were chosen based on a myriad of data: crash data, traffic, and safety related intersection issues; the three intersections were ranked in the top 10 in Morris County by the North Jersey Transportation Authority. At the safety audit, the reasons for choosing those intersections were discussed, and a book containing a lot of data was distributed. The group visited each intersection to discuss and watch the issues and problems; when back inside, they discussed solutions to the problems. The representative from Rutgers will compile a report based on the meeting and the comments, those attending the meeting will provide comments on the report, and then a final report with recommendations will be issued. At that time, associated costs and types of financing will be discussed. Manager Mountain added that the representative from the North Jersey Transportation Authority felt the three intersections had the issues that would make them eligible for grant funding. They felt the assembled information from the comments could be used for the grant applications. The Manager stated that he understood it to be the county that would make the application for the funds, and that the municipality would not be providing any funding, just support towards the application.

Councilman Loveys reported that at the last TAC meeting, the county plans for the road restriping on Dover Chester Road were reviewed. Chairman Jim Maraska will submit to Manager Mountain a summary of comments. Councilman Loveys stated that there was general acceptance by the committee for the plan. Prior to the meeting, Officer Rich Biase educated those in attendance about the trailer mounted speed devices located in the township, and the data that is gathered by the devices and how the Police Department uses that data. Councilman Loveys also reported that TAC was involved with the distracted driver campaign undertaken by the Police Department. The TAC will also partner with the Police Department in October for the National “Put the Brakes on Fatalities Day.” The Police Department considers October to be a traffic safety awareness month; there will be more of a focus on the Move Over Law. Councilman Loveys reported that Officer Biase provides monthly information on traffic issues; summonses are up approximately 48% from last year.

There was some discussion on the intersection of Dover Chester Road and Route 10, and the lack of state funding for transportation projects.

Councilman Guadagno reported that the new street signs are going up in his area of town, and they look great. He also reported that the Landmarks Committee meeting was cancelled; there should be a meeting in September.

Councilman Guadagno stated that he was pleased with the plans for Dover Chester Road; he was unsure of what the striping was on the shoulder. Manager Mountain explained that it was the dimensions. The Manager will be sending a compilation of the comments received at the Engineer’s office and will copy the Council. One of Paul Ferriero’s comments was that the plan is lacking dimensions and it makes it difficult to evaluate it spatially. There was also some discussion on the plans for the Sussex Turnpike project at the Dover Chester Road intersection vs. the plans for the Dover Chester Road project.

Councilman Forstenhausler reported that he and Councilwoman Carey carried the poster for the Township Council team at the Relay For Life. His daughter had decorated the poster, and it won the award for “handiest poster” because it had two handles made from duct tape. The total amount raised from the Randolph Township Council team was $1,865. He thanked those who contributed.

Councilwoman Carey reported that at the last meeting of the Library Board of Trustees there was discussion that the staff has not had formal training for what to do in an emergency such as fire drills, evacuation, and removal of belligerent or dangerous customers. The Library Board directed the Director of the Library to contact the Police Chief to meet with the staff and develop a plan. Councilman Carey will report back with the results from the meeting. She also reported that one of the things from the Customer Satisfaction Survey was that the hours were not long enough. The Councilwoman said it was surprising since the library is open 60 hours per week. However, the survey indicated that specifically the summer months were lacking in hours; it is closed on weekends in the summer. This year the library will be open on Saturdays from 12 - 4 p.m. as a pilot. Councilwoman Carey was unsure if it was well publicized yet. Deputy Mayor Hirniak asked if there had been an issue at the library that precipitated the request for training for emergencies. Councilwoman Carey explained that there had not been one in Randolph, but the recent incident at a library in Lyndhurst was what began the conversation. The staff felt they weren’t equipped or trained to deal with a similar situation.

Deputy Mayor Hirniak reported that he attended the joint meeting of the Parks and Recreation committees. The Recreation Department announced that they are forming a “Sports Education” subcommittee. Their mission will be to provide information, develop resources, templates and program plans to assist program Chairpersons, coaches, parents, and players in understanding and enhancing their roles and creating a positive experience for participants at all skill levels in all sports. Deputy Mayor Hirniak suggested that they add a liaison from Parks to that subcommittee; Dr. Nazzaro thought that was a great idea. The Deputy Mayor asked Councilman Napoliello to follow up and make sure that when the subcommittee is created, that someone from Parks is a liaison. Councilman Napoliello stated that he thought this issue was going to be discussed at the Recreation meeting later that night.

Deputy Mayor Hirniak also reported that the issue of residents feeding the deer has been raised a few times this year as well as in the past at Wildlife Management Advisory Committee meetings. He explained that parents of a new driver expressed their concern at the last Wildlife Management meeting about the number of deer in their area of town due to the feeding of the deer. There was resulting discussion on creating an Ordinance that would prohibit feeding of deer. They asked Manager Mountain to research what is in place in other municipalities, how it was structured, and whether or not it has been successful. Once the research is complete, the Manager will report back to the Wildlife Management committee, and at some point the committee will make a recommendation to the Council.

J. EXECUTIVE SESSION

There was no Executive Session.

K. ADJOURNMENT

Councilman Guadagno made a motion to adjourn the meeting at 5:45 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None