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

Minutes: June 26, 2008

A work session of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Napoliello. 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 Morris County Daily Record and the Randolph Reporter on December 11, 2007, by emailing them the annual resolution adopted by the Council on December 6, 2007. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, on December 20, 2007, and in the Morris County Daily Record on December 27, 2007.

PRESENT:
Councilman Algeier
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

ABSENT:
Councilwoman Mitsch
Councilwoman Price

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

Mayor Napoliello led the Pledge of Allegiance.

PRESENTATION—Randolph Girl Scout Troop #1835

Mayor Napoliello stated that he had been approached by members of Girl Scout Troop #1835. The troop had worked to collect books and magazines to be sent to American soldiers serving in Iraq, and as a thank you for their efforts, they received a flag that had been flown during combat missions aboard a Blackhawk helicopter in honor of the men and women who had lost their lives during the terrorist attacks on September 11, 2001. The Girl Scouts asked the mayor if the flag could be displayed at Town Hall as a show of support for the men and women bravely serving our country. Mayor Napoliello assured them that the flag will be proudly displayed and thanked the Girl Scouts for their generosity and compassion to the troops.

OPEN TO PUBLIC

Julie Hooper, 71 Everdale Road, stated that the repaving of Everdale Road was done well. Mrs. Hooper also reported that a couple of inspectors who came to her home did not perform their jobs satisfactorily.

Manager Lovell promised to look into the matter immediately and report back

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

COUNCIL AND MANAGER REPORTS

Councilman Alpert commended the DPW for a job well done regarding road overlays.

Councilman Obremski reported that he attended a workshop on counter-terrorism awareness where current trends in terrorism were discussed, such as the use of improvised explosive devices in soft targets, such as schools or stadiums. The Director of Homeland Security believes that the public is becoming complacent again with regard to terrorist threats and activities.

Councilman Algeier reported that the Randolph Township Safety Committee met. The committee focuses on the safety of employees and visitors to municipal buildings. Currently the committee is looking at alternative footwear for employees in an effort to reduce the amount of falls on ice. The Councilman also reported that often, during the winter months, employees will arrive at a home where a resident has not removed snow and ice from the sidewalk or driveway, creating an unsafe environment for the township employee. The Safety Committee believes that, in those instances, residents should be told that inspections will not take place until such time that the resident removes the ice and snow and creates a safer environment to allow the employee safer access to the home. Councilman Algeier wanted to know if such a policy could be created, either formally by resolution or administratively through the Manager’s office.

Deputy Mayor Metz reported that he had called 911 to report a fire in his neighborhood and noted that the response time was very quick. The Deputy Mayor commented on an article in the Star Ledger concerning the state pension system and that he doesn’t expect to see much relief this year regarding that issue. Deputy Mayor Metz reported that the MAC Committee is suggesting a change to the smoking ordinance to reflect a change in the age of persons allowed to smoke to 19. The Deputy Mayor recognized the passing of Steve Verrone, a long time volunteer coach in the Recreation Department, and suggested a personal letter to the family from Mr. Van Brunt would be a nice gesture.

Mayor Napoliello reported that Helen Bauer’s estate donated a large sum of money to the County College of Morris to be used for their nursing curriculum. The college invited the Mayor to attend a presentation, during which the Mayor presented the college with the portrait of Mrs. Bauer that had hung in Town Hall for several years. The Mayor has also arranged for a representative from Verizon to meet with the senior citizen clubs regarding a program they offer where people on Medicaid or other assistance can receive drastically reduced telephone rates.

Manager Lovell reported that provided the Council with the artist rendering of the proposed Grecco project along Route 10. He believes the architect has captured the intent of the Master Plan. The Manager stated that the Board of Education has requested that elections not be held at the schools for security reasons. The Clerk has been working with the fire companies to see if they could be used as polling places, and they have indicated a willingness to cooperate. However, there are costs associated with such an arrangement, most notably the security of the vehicles, so there would be a need to have staff stationed at the fire houses throughout the day when voting takes place. They have asked for $100.00 per hour per fire house to cover this cost, as well as the costs of heat, light, and clean-up. The Manager believes this is an investment worth making and asked that the Council support this plan. Manager Lovell noted that the Mt. Fern Methodist Church has long provided Randolph with a polling place, and perhaps they should receive more as well to cover their heat and other costs.

Councilman Algeier noted that he supports the fee to the fire houses for several reasons, including:

They are providing a service
Personnel should be there to ensure that nothing happens to their equipment
There is a security risk when holding elections at schools
There is a state-wide effort to get polling places out of schools

Mayor Napoliello noted that his first reaction was that the fire houses were requesting a lot of money. However, if the move means that children are safe from potential terrorist threats, then it is well worth the money.

Councilman Alpert agrees with the proposal and is anxious to get the polling places removed from the schools for security reasons.

Deputy Mayor Metz stated that he agrees with the comments expressed by the Council. He noted that the fire department volunteers risk their lives for the citizens of Randolph. Several years ago when Randolph was more of a blue-collar community, the fire department had more volunteers than it does today, and he believes there is probably no other group that is more deserving of the money.

Manager Lovell stated that he will draft a letter formalizing the relationship with the fire companies and establish conditions that we are looking for. He will provide that letter to the Council for the next meeting.

REVIEW AND SET PROPOSED AGENDA FOR JULY 1, 2008, REGULAR MEETING

Manager Lovell summarized the proposed agenda items for the Council.

COMBINED ACTION RESOLUTIONS

Councilman Algeier asked to discuss the purchase of the Drive Loader with Claw. The Council had asked that any purchase of this magnitude be accompanied by a statement that a joint purchase or shared services agreement had been considered unless it is a piece of equipment that will be used constantly. The Councilman does not see any such certification.

Manager Lovell responded that this piece of equipment will be used constantly. He will provide the Council with an explanatory statement for the purchase.

Councilman Algeier also asked about the resolution joining the Somerset County Cooperative Pricing System.

Manager Lovell responded that it won’t cost anything to join and the purchasing agent in Somerset County has some items on bid that Randolph can benefit from, so it was felt this association could be valuable.

Deputy Mayor Metz made a motion to approve the combined action items. Councilman Algeier seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT:
Councilwoman Mitsch
Councilwoman Price

Manager Lovell explained the contract for the water tank painting, noting that it will be an expensive undertaking and will go through several steps to complete the project.

A. Award a Contract for the Purchase of 2008 Four Wheel Drive Loader With Claw to Jesco, Inc.—$133,012.00

R-210-08

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a 2008 Four Wheel Drive Articulating Loader with Claw; and

WHEREAS, bids were received on June 5, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, Jesco, Inc., South Plainfield, New Jersey, was the low bidder meeting all the specifications at a total price of $129,960.00 for the loader, $15,920.00 for the claw, $9,175.00 for the factory painted orange, $7,927.00 for the 7 year/7000 warranty, less $30,000.00 for the trade-in of John Deere 544G s/n 558861, totaling $133,012.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Jesco, Inc., South Plainfield, New Jersey, at a total contract price of $133,012.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 26, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance 16-08, Various Capital Improvements, to award a contract to Jesco, Inc., for the Purchase of a 2008 Four Wheel Drive Articulating Loader With Claw in the amount not to exceed $133,012.00.

____________________________
Michael J. Soccio
Chief Financial Officer

B. Award a Contract for the Purchase and Installation of Overhead Doors at the Department of Public Works Facility to Capozzi Overhead Doors—$34,351.65

R-211-08

WHEREAS, the Township wishes to award a contract for the purchase and installation of overhead doors and draw bar operators with radio control and photo cells; and

WHEREAS, bids were received on June 5, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, funds are available for this purpose; and

WHEREAS, four bids were received and the low bidder, Hunterdon & Warren Overhead Doors, did not include their Business Registration Certificate and must be rejected; and

WHEREAS, Capozzi Overhead Doors, Inc., Nutley, New Jersey, was the low bidder meeting all the specifications at a total contract price of $34,351.65.

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 Capozzi Overhead Doors, Inc., Nutley, New Jersey.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 26, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #12-06, DPW Site Improvements, to award a contract to Capozzi Overhead Doors, Inc., for the Purchase and Installation of Overhead Doors at the Department of Public Works Facility in the amount not to exceed $34,351.65.

____________________________
Michael J. Soccio
Chief Financial Officer

C. Authorizing Purchases From NJ State Contract #T1985 for Crossmatch Live Scan Systems From Crossmatch Technologies, Inc.—$32,582.25

R-212-08

WHEREAS, the Township of Randolph Police Department will be using New Jersey State Contract #T1985 for Workstations: 10 Point Live Scan System from Crossmatch Technologies, Inc.; and

WHEREAS, this purchase will total $32,582.25.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from New Jersey State Contract #T1985 using Crossmatch Technologies, Inc.

D. Extending the Contract for Janitorial Services for Municipal Building, DPW Garage, Senior Community Center, Teen Center, and Artworks—$31,140.00

R-213-08

WHEREAS, the Township of Randolph wishes to extend the contract with Statewide Sanitation Services, West Orange, New Jersey, for Janitorial Services (5 Buildings—Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW), and Randolph Artworks) in the Township of Randolph for an additional twelve months from July 1, 2008, to June 30, 2009; and

WHEREAS, the total cost for this contract will be $31,140.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract be extended twelve months with Statewide Sanitation Services Corporation of West Orange, New Jersey, for Janitorial Services in the Municipal Building, DPW Garage, Senior Community Center, Randolph Teen Center (VFW), and Randolph Artworks at a total contract price of $31,140.00 from July 1, 2008, to June 30, 2009.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 26, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in 2008 Budget and will be available in the 2009 Budget, Building and Grounds, Other Expenses, to award a contract to Statewide Sanitation Services Corporation for Janitorial Services from July 1, 2008, to June 30, 2009, in the amount of $31,140.00.

____________________________
Michael J. Soccio
Chief Financial Officer

E. Authorizing Award of 16 Contracts on Behalf of MCCPC for Purchases and Services on an As-Needed Basis

R-214-08

WHEREAS, the Township of Randolph authorizes an award of various categories within sixteen (16) contracts beginning July 1, 2008, on behalf of the Morris County Cooperative Pricing Council as described below:

Contract #3: Rock Salt & Liquid Calcium Chloride
Contract #4: Snow Grits
Contract #10: Lumber, Insulation, Hardware & Paint Supplies
Contract #13-A: Fire Equipment Services (Item #10)
Contract #20-B: Sporting Goods (Fall & Winter Sports)
Contract #25: Janitorial Supplies
Contract #29: Pest Control Services
Contract #35: Light Bulbs
Contract #37: Traffic Signal Maintenance & Repairs
Contract #40: Personal Protection Items & Equipment for Emergency Personnel
Contract #42: Landscaping Materials & Supplies
Contract #44: Welding Supplies
Contract #45: Septic Pumping/Sludge Removal & Disposal Services
Contract #47: Water Meters, Data Recorders & Radio Frequency Meter Interface Units
Contract #48: Equipment Parts for Turf Care
Contract #50: Fire Department Uniforms (Purchase)

and

WHEREAS, bids have been advertised and received on May 8, 2008, in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township has determined that the vendors on the attached recommendation sheets are the lowest responsible bidders meeting the specifications for each of the categories within the sixteen (16) contracts specified and should be awarded as noted.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded as indicated for each individual contract.

F. Authorizing Purchase of State Contract T0849 Using Various Vendors as Needed for Fuel Tank Removal and Installation

R-215-08

WHEREAS, the Township of Randolph utilizes New Jersey State Contract #T0849 for Fuel Tank Removal and Installation and System Services; and

WHEREAS, these purchases are made on an as-needed basis; and

WHEREAS, these purchases will not exceed $170,000.00.

G. Award a Contract for the Purchase of a 2008 Beau-Roc Model DHS 10' x 36" x 42" to Tony Sanchez—$35,250.00

R-216-08

WHEREAS, the Township of Randolph wishes to award a contract for the purchase of a 2008 Beau-Roc Model DHS 10' x 36" x 42"; and

WHEREAS, bids were received on June 17, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, Tony Sanchez LTD, Ledgewood, New Jersey, was the low bidder meeting all the specifications at a total price of $35,250.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to Tony Sanchez LTD, Ledgewood, New Jersey, at a total contract price of $35,250.00.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 26, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds will be available in Ordinance #16-08, Various Capital Improvements, to award a contract to Tony Sanchez LTD for the Purchase of a 2008 Beau-Roc Model DHS 10' x 36" x 42" (Dump Truck Body) in the amount not to exceed $35,250.00.

____________________________
Michael J. Soccio
Chief Financial Officer

H. Authorizing Purchases From MCCPC Contract #14: Catch Basins and Manhole Castings—Not to Exceed $40,000.00

R-217-08

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #14, Catch Basins and Manhole Castings, from various vendors as needed for the Department of Public Works; and

WHEREAS, these purchases will not exceed $40,000.00.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase from Morris County Cooperative Pricing Council Contract #14 as needed for the Department of Public Works.

I. Authorizing Purchases From MCCPC Contract #15C: Utility Vehicles

R-218-08

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #15C, Utility Vehicles; and

WHEREAS, the Department of Public Works wishes to purchase vehicles from this contract; and

WHEREAS, these purchases will not exceed $143,000.00; and

WHEREAS, the previous resolution approved $31,000.00 for police vehicles.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, authorize the Township of Randolph to purchase vehicles from Morris County Cooperative Pricing Council Contract #15C in an amount not to exceed $31,000.00 for the Police Department and $143,000.00 for the Department of Public Works totaling $174,000.00.

J. Authorizing Purchases From MCCPC Contract #15D: Dump Bodies—Not to Exceed $60,000.00

R-219-08

WHEREAS, the Township of Randolph utilizes Morris County Cooperative Pricing Council Contract #15D, Dump Bodies; and

WHEREAS, the Department of Public Works wishes to purchase items from this contract; and

WHEREAS, these purchases will not exceed $60,000.00.

K. Authorizing Township to Become a Member of the Somerset County Cooperative Pricing System

R-220-08

WHEREAS, the Township of Randolph desires to become a member of the Somerset County Cooperative Pricing System, #2-SOCCP, effective June 26, 2008, and that such membership shall be for the period ending December 31, 2008, and each renewal thereafter of the system unless the Township of Randolph elects to formally withdraw from the system.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, be authorized to execute the attached agreement.

AGREEMENT #2-SOCCP

PARTICIPANTS:
This agreement made and entered into this 26th day of June 2008 by and between the County of Somerset (hereinafter referred to as “the County”), and the Township of Randolph, a governmental corporation of the State of New Jersey or Public Agency located within or contingent to the County of Somerset (hereinafter referred to as the “Participating Contracting Unit”).

WITNESSETH:

LEGAL AUTHORITY:
WHEREAS, N.J.S.A. 40A:11-11(5) specifically authorizes two or more contracting units to enter into a Cooperative Pricing System and Agreement for the purchase of work, materials and supplies; and

WORK TO BE PERFORMED:
WHEREAS, the County of Somerset has been conducting a Cooperative Pricing System with Participating Contracting Units, utilizing administrative purchasing services and facilities of the County of Somerset; and this Cooperative Pricing Agreement is to effect substantial economies in the purchase of goods and supplies; and

WHEREAS, the County wishes to continue the Cooperative Pricing System with its 21 Municipalities as well as other appropriate Public Agencies within or contingent to Somerset County; and

WHEREAS, all parties hereto have approved the within Agreement by Ordinance or Resolution as appropriate, in accordance with the aforesaid statute; and

WHEREAS, it is the desire of all parties to enter into such Agreement for said purposes.

NOW, THEREFORE, in consideration of the conditions hereinafter set forth, it is mutually agreed as follows:

1. The goods or supplies to be priced cooperatively may include vehicles and trucks, road and bridge construction and maintenance materials, office supplies, furniture, lubricants, building materials, janitorial supplies, fuel, office equipment, maintenance and service and such other items as two or more participating contracting units in the system agree can be purchased on a cooperative basis, providing the County consents to these other items.

The items and classes of items which may be designated by the participating contracting units hereto may be purchased cooperatively for the period commencing with the execution of this Agreement and continuing until terminated as hereinafter provided.

ADMINISTRATION AND OPERATION OF SYSTEM:

2. The County, on behalf of all participating contracting units, at the beginning of participating in the Cooperative Pricing System, and during each January thereafter, shall publish a legal advertisement in such format as required by the State Division of Local Government Services in a newspaper normally used for such purposes by it to include such information as:

(1) The name of the participating contracting units, and
(2) The name of the County soliciting competitive bids or informal quotations, and
(3) The address and telephone number of the County, and
(4) The State Identification Code for the Cooperative Pricing System, and
(5) The expiration date of the Cooperative Pricing Agreement.

3. The specifications shall be prepared and approved by the County and filed as required by law, and no changes shall thereafter be made except as permitted by law. Nothing herein shall be deemed to prevent changes in specifications for subsequent purchases.

4. The County may provide the Participating Units with the copies of the specifications at least thirty (30) days prior to seeking bids and will notify the Participating Contracting Units, in writing, of the item(s) on which it will seek bids. Fifteen (15) days prior to advertising, each of the participating contracting units shall designate, in writing, to the County, the items to be purchased and indicate therein the approximate quantities desired, the location for delivery and other requirements, to permit the preparation and filing of specifications as provided by law.

The County will call a meeting of all Participating Contracting Units each December in order to provide the participants with an opportunity to discuss the goods or services to be priced cooperatively and the terms of the specifications for the next calendar year.

5. A single advertisement for bids or the solicitation of informal quotations for the goods or services to be purchased shall be presented on behalf of all the Participating Contracting Units desiring to purchase any item by the County in the Cooperative Pricing System.

6. In seeking bids the County will include in the specifications two categories upon which bids are sought: (a) the County’s requirements, stated in definite quantities; and (b) the Participating Contracting Units, stated as an estimated total quantity of the needs of all the other Participating Contracting Units, which total shall not be exceeded in the aggregate by more than 20 percent of the total cost awarded for that Category. The specification for this category shall list the other Participating Contracting Units, their delivery address, their estimated maximum quantities and other relevant information to permit the bidder to understand what is potentially involved. The bids will contain: (1) a provision stating that contracts shall be in compliance with N.J.A.C. 5:30-5.5(B), open-end contract rules; and (2) language requiring the bid price(s) to be stated so that it is uniform with respect to both categories (the County and other Participating Contracting Units).

The provision with respect to the other contracting units category will allow the bidder to indicate if it is willing to provide the item(s) bid upon to other participating contracting units in the system; or if it is not willing to extend prices to other participating units in the systems.

7. The County shall advertise for bids or the solicitation of informal quotations and shall receive bids or quotations on behalf of all Participating Contracting Units. Following the receipt of bids, the County shall review said bids and on behalf of all Participating Contracting Units, either reject all or certain of the bids or make an award to the lowest responsible bidder or bidders for each separate item. This award shall result in the County entering into a master contract with the successful bidder(s) providing for two categories or purchases:

(1) The quantities ordered for the County’s own needs, and

(2) The estimated aggregate quantities to be ordered by other Participating Contracting Units by separate contract, subject to the specifications and prices set forth in the County’s overall master contract.

8. The County shall enter into a formal written contract(s), when required by law, directly with the successful bidder(s) only after it has certified the funds available only for its own needs ordered. Each Participating Contracting Unit shall also certify the funds available only for its own needs ordered; enter into a formal written contract, when required by law, directly with the successful bidder(s); issue purchase orders in its own name directly to the successful bidder(s) against said contract; accept its own deliveries; be invoiced by and receive statements from the successful bidder(s); make payment directly to the successful bidder(s); and be responsible for any tax liability. No Participating Contracting Unit in the Cooperative Pricing System shall be responsible for payment for any items ordered or for performance generally, by any other Participating Contracting Units and shall accordingly be liable only for its own performance and for items ordered and received by it and none assumes any additional responsibility or liability. The provisions of this paragraph shall be quoted or referred to and sufficiently described in all advertisement for bids by the County so that each bidder shall be on notice as to the respective responsibilities and liabilities of the Participating Contracting Units.

The County shall supply the Participating Contracting Units with copies of the specifications, name of successful bidder, prices awarded and the contract identification number. Each Participating Contracting Unit may then order directly from that vendor by purchase order if under the appropriate statutory bid limit or by contract of the governing body or agency if over the appropriate statutory bid limit. The identification number shall be affixed to each purchase order or contract and shown on all forms pertaining thereto.

9. If the lowest responsible bidder declines to extend prices to the Participating Contracting Units only the contract for the County’s needs will be awarded, all other bids shall be rejected and no further bids will be sought by the County on behalf of the Participating Contracting Units.

10. A bidder shall not be required or permitted to extend his bid prices to Participating Contracting Units unless he has voluntarily agreed to do so as part of his bid.

11. Nothing in this Agreement shall prevent any Participating Contracting Unit from awarding contracts of purchase, with or without advertising, individually and on its own behalf, provided, however, that invitations for such individual bids shall not be advertised, nor shall bids be received individually, during the period in which the County is advertising for and receiving bids for the same goods or services, except in the case of emergency or hardship.

12. No purchase order or contract shall be issued by any Participating Contracting Unit for a price which exceeds any other price available to it from any other such system in which it is authorized to participate or from bids which it has itself received.

13. The County reserves the right to exclude any goods or services from within said system if, in its opinion, the pooling of purchasing requirements or needs of the Participating Contracting Units is either not beneficial or not workable.

ADMINISTRATIVE COSTS:

14. The County shall bear all costs associated with administering the Cooperative Pricing System and bidding process including cost of advertising and administration and the Participating Contracting Units shall not be obligated for any part of such expense.

DURATION AND TERMINATION:

15. This Agreement shall become effective the date executed, subject to the approval of the Director of the Division of Local Government Services and shall continue in effect for a period not to exceed five (5) years from said date or the term of the current approval unless any party to this Agreement shall give written notice of its intention to terminate its participation at least 30 days prior to the succeeding four (4) years. The County may choose to terminate registration of the system no later than 30 days prior to the expiration date of the system. Renewal of the system will be in accordance with the provisions of N.J.A.C. 5:34-17.6, as may be amended.

16. This Agreement and the Cooperative Pricing System will not terminate nor be invalidated by the County or the withdrawal or addition of any Participating Contracting Unit. However, this Agreement and the Cooperative Pricing System shall be terminable and invalidated at the instance of the County upon written notice to the Participating Contracting Unit and without recourse against the County for any reason or if continuance of the within system becomes unlawful for any reason.

DOCUMENTATION:

17. All records and documents maintained or utilized pursuant to the terms of this Agreement shall be identified by the code number assigned by the Director, Division of Local Government Services, and such other numbers as are assigned by the County for purposes identifying each contract and the item awarded, in this case #2 SOCCP.

18. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto.

19. This Agreement may be executed in several counterparts, each of which, when so executed, shall be deemed to be an original, but such counterparts shall together constitute but one of the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and executed by their authorized corporate officers and their respective seals to be hereto affixed the day and year above written.

L. Award a Contract for the Painting of Above Ground Storage Tank (AST) by US Tank Painting—$19,200.00

R-221-08

WHEREAS, the Township wishes to award a contract for the painting of 1,400,000 gallon above-ground storage tank (AST) by a certified lead abatement contractor; and

WHEREAS, bids were received on June 17, 2008, in accordance with the Local Public Contracts Law; and

WHEREAS, funds are available for this purpose; and

WHEREAS, six bids were received and US Tank Painting, Millstone, New Jersey, was the low bidder meeting all the specifications at a total contract price of $19,200.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to US Tank Painting, Millstone, New Jersey.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: June 26, 2008

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #17-08, Various Capital Improvements, to award a contract to US Tank Painting for the Painting of the Exterior of the 1,400,000 Gallon Above-Ground Water Storage Tank (Exterior Painting) in the amount not to exceed $19,200.

____________________________
Michael J. Soccio
Chief Financial Officer

K. Raffles

(1) Off-Premise, Randolph Rotary Club, September 27, 2008, at the Randolph Township Municipal Building, 502 Millbrook Avenue, Randolph, at 2:00 p.m.

(2) Off-Premise, Sturge-Weber Foundation, August 22, 2008, at 1240 Sussex Turnpike, Randolph, at 12:00 p.m.

(3) Social Affair Permit, Harbor Hills Day Camp, June 28, 2008, 12:00 p.m. to 4:30 p.m.

OPEN TO PUBLIC

Lee Whilden, 82 Radtke Road, noted that she worked as a poll worker at one time in the Millbrook Fire House. She has visited the schools when they open as polling places and noted that the public is re-routed so that access to the school is minimal. She urged the Council to reconsider removing the polling places from the schools and paying for the fire companies to be used. Mrs. Whilden expressed to Deputy Mayor Metz that she resented his reference to the town as formerly blue-collar.

Manager Lovell responded that the Deputy Mayor was quoting exactly what he has been told by the firemen during their yearly fire department inspections. The firemen themselves feel that it is harder to find members because of the change in demographics in town. The Manager also noted that the request to move the polling places out of the schools came from the Board of Education and the School Superintendent.

Julie Hooper, 71 Everdale Road, asked if there was any consideration to having a paid fire department in town.

Manager Lovell responded Randolph is blessed to have volunteers and that going to a full time paid fire department would be extremely costly.

Judith Stewart, 114 Everdale Road, supports moving the polling places out of the schools and she has no objection to paying for the use of the fire houses. Mrs. Stewart thanked the Council for the senior citizen picnic, which was a lovely event this year.

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

COUNCIL AND MANAGER COMMENTS

Councilman Obremski expressed as a follow-up to his earlier report on terrorism that one of the things they are taught to look for are items out of the ordinary. In a school situation during an election day, someone could enter a school and place a backpack containing a bomb on the floor, which would not look to be out of the ordinary, and a remote control device used to detonate the bomb. He is in favor of removing the elections from the schools.

Councilman Alpert noted that parking lots at schools are a concern as well. He agrees that taking elections out of the schools is a good move to take.

EXECUTIVE SESSION

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

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

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

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

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

(a) Genco Inc.—E.A. Porter Eviction (Agreement)
(b) Personnel
(c) KAB Mt. Freedom—Berger v. Randolph

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

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

Councilman Alpert made a motion to move into Executive Session. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Algeier
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT: Councilwoman Mitsch
Councilwoman Price

Councilman Alpert made a motion to return to Open Public Session. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT:
Councilman Algeier
Councilwoman Mitsch
Councilwoman Price

Manager Lovell noted for the record that Councilman Algeier recused himself from the discussion on Berger v. Randolph in Executive Session.

Councilman Alpert made a motion to authorize the execution of the settlement agreement with Genco allowing any minor changes as approved by the attorney. Councilman Obremski seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

NAYS: None

ABSENT:
Councilman Algeier
Councilwoman Mitsch
Councilwoman Price

Resolution—Genco, Inc.—E.A. Porter

R-222-08

WHEREAS, Defendants, Genco, Inc., and Eugene Passalacqua, are in occupancy and possession of the Property of Plaintiff, located at 42 Bennett Avenue, in the Township of Randolph, County of Morris, and State of New Jersey (“Property”) under a written agreement made between the former owner of the property, E.A. Porter, Inc., and the former tenant, Gene Passalacqua, on January 25, 1993, whereby E.A. Porter, Inc., rented said Property to Mr. Passalacqua for a term of ten years beginning February 1, 1993, at the monthly rental of $2,500.00 due on the first day of each month in advance; and

WHEREAS, in 1994, Mr. Passalacqua assigned the January 25, 2008 lease to Genco, Inc.; and

WHEREAS, pursuant to a Consent Order entered by the Honorable Kenneth C. MacKenzie on July 25, 2002, the Tax Collector of the Township of Randolph was appointed receiver ex officio of the rents and income for the purpose of satisfying delinquent taxes for the Property; and

WHEREAS, Genco, Inc., was required to turn over its rents for the Property on a monthly basis to the Tax Collector for the Township of Randolph; and

WHEREAS, pursuant to an Order entered by the Honorable Neil H. Shuster on August 3, 2007, in connection with an In Rem Foreclosure Action, Township of Randolph (“Township”) now owns the Property; and

WHEREAS, there is due, unpaid and owing from Defendants to the Township $55,000.00 for rent through April 2008; and

WHEREAS, on or about April 24, 2008, the Township filed a Verified Complaint seeking surrender of possession of the Property against Defendants for non-payment of rent, Docket No. MRS-LT-001307-08; and

WHEREAS, Township and the Defendants desire to amicably settle the litigation on the terms contained in a certain Settlement Agreement.

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 general terms and conditions of the Settlement Agreement by and between the Township of Randolph, Genco, Inc., and Eugene Passalacqua in connection with pending litigation between the parties, Docket No. MRS-LT-001307-08, are hereby approved.

2. The Township hereby authorizes and approves any non-substantive modifications to the Settlement Agreement as may be recommended and approved by the Township Manager and Township Attorney prior to execution.

3. The proper Township officials, its Attorney and Manager are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Resolution.

4. This Resolution shall take effect immediately.

ADJOURNMENT

The Mayor adjourned the meeting at 9:55 p.m.

_________________________________
Donna Marie Luciani
Township Clerk

E X E C U T I V E S E S S I O N

An executive meeting of the Randolph Township Council was called to order by Mayor Napoliello.

Present for the executive session were:
Councilman Algeier
Councilman Alpert
Councilman Obremski
Deputy Mayor Metz
Mayor Napoliello

Absent for the executive session were:
Councilwoman Mitsch
Councilwoman Price

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

Genco Inc.—E. A. Porter Eviction

Manager Lovell stated that Genco, Inc. is the squatter tenant at the E.A. Porter site. Randolph has foreclosed on the E.A. Porter site and the Manager began the eviction process. An agreement was reached which will allow Genco to stay an additional 90 days. In addition, a number of landscaper tenants subletting from Genco will leave immediately. The terms of this agreement will be entered into court record. The Manager is asking for the Council’s support in the form of a resolution and the paperwork will be filed with the court.

Township Attorney Buzak noted that Councilman Algeier suggested an assignment provision in the settlement agreement be defined as well as have Tech Plastics sign the document as well.

Personnel

Manager Lovell stated that Judge Cohen asked for an option providing him access to health benefits which would be deducted from his salary. The Manager does not believe this to be in the best interest of Randolph Township and suggested the Council not afford the judge this option.

KAB Mt. Freedom—Berger v. Randolph

Do not release.

Donna Marie Luciani
Township Clerk