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

Minutes: May 17, 2018

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Forstenhausler. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on November 17, 2017 by emailing them the annual resolution adopted by the Council on October 10, 2017. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on November 23, 2017, and in the Daily Record on November 21, 2017.

2. Roll Call

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

ABSENT:
Councilman Napoliello
Councilman Tkacs

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

3. Pledge of Allegiance

Mayor Forstenhausler led the Pledge of Allegiance.

Mayor Forstenhausler asked for a moment of silence for the victims of the tragic accident on Route 80 in Mount Olive earlier in the day.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road brought a flyer from the Randolph High School student art show, and suggested the Council members visit it to see fantastic artwork.

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

C. MANAGER’S REPORT

Manager Mountain reported the following:

Aftermath of 5/15 storm—the township was fortunate not to have much damage from the storm; the winds were significant and there was some tree and power line damage. The light at Canfield Avenue and Route 10 was out for a little over 24 hours, there were power lines down blocking access to Skyline Drive, and a few other minor issues. Approximately 400 households lost power.
Spring branch collection—the DPW has been working to complete the collection; it will likely take the full six weeks that was initially anticipated. Crews will be working overtime for the next couple of Saturdays in order to complete the collection by the end of May. He commended the DPW employees for their efforts.
Meeting with realtors—he is working on scheduling another meeting with area realtors; the prior meetings have been very successful. The meeting will highlight the positive aspects of the community, and help the realtors obtain the information on the attributes of the community. The anticipated date and time is June 19th from 9:30 a.m. to 11:30 a.m.

D. PRESENTATIONS/PROCLAMATIONS

1. Presentation—Storm Water Management Update—Paul Ferriero

Paul Ferriero explained the background of the water standards and permits. There are now twelve points, up from ten in the last cycle; however, there are a greater variety of items for which a municipality can get credit. There will be more education for Planning Board members; there is a tutorial for Planning Board members to watch about storm water management and how to deal with it as part of board applications. There will be a requirement for engineers who review storm water plans to attend a two day training class. One item that will be different on the municipal level will be the storm water pollution prevention plan; the township’s plan will need to be updated and posted on the website.

Councilwoman Veech asked what types of items are in the report. Paul explained that the storm water pollution prevention plan is a document that outlines the responsible parties for various items, such as who the storm water coordinator is, who enforces the ordinances on pet waste, and who is responsible for public notice of new ordinances. Paul also explained that the storm water management plan is a separate document that does not have to be updated annually like the storm water pollution prevention plan because it’s part of the Master Plan.

Paul Ferriero continued explaining other aspects of the storm water management update such as updating some procedures at the DPW garage, as well as posting the Municipal Storm Water Ordinance on the township website. Paul reported that the township needs to better account for all of the storm water basins for all of the new projects; there is a form created by the state that the township will provide to the applicant’s engineer to complete. The township has to properly maintain all the public and private storm water detention basins that were constructed after February 7, 1984. He explained the inventory process; the inventory needs to be completed by 2020. The Engineering Department has already begun the process. Employee education needs to be completed every two years, and new employees receive their initial education when they are hired. Paul explained that the DEP is performing more detailed audits of municipalities.

Councilwoman Carey asked if the township’s biggest challenge was time/resources. Paul stated that resources were the biggest challenge.

Councilman Guadagno asked how many headwater basins the township has; Paul called them drainage basins, and said there were at least three.

E. APPROVAL OF MEETING MINUTES

1. Approving Regular Meeting Minutes for April 5, 2018

Councilwoman Carey made a motion to approve the regular meeting minutes for April 5, 2018. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilwoman Veech
Deputy Mayor Loveys (via phone)
Mayor Forstenhausler

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

F. COMBINED ACTION RESOLUTIONS

Item #4, Contract for Freedom Park turf field—Councilman Guadagno asked if it was for both turf fields. Manager Mountain replied that it is the re-turfing of the existing field and the construction of the new field.

1. Authorizing Contracts with an Additional Vendor under the Educational Services Commission of New Jersey Cooperative Pricing System (ESCNJ)

R-117-18

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

WHEREAS, the Township of Randolph on March 1, 2018 via R 77-18 authorized contracts with certain approved ESCNJ Contract Vendors; and

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

WHEREAS, the additional ESCNJ Contract Vendor has been added to the attached list; and

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

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

BE IT FURTHER RESOLVED that the governing body of the Township 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 ESCNJ Contract Vendors shall be until December 31, 2018 or upon expiration of the vendor’s contract whichever is first.

2. Authorizing the Award of a Professional Services Agreement to Dewberry Engineers, Inc. for Engineering Services During the Construction Phase of Butterworth III/Mt. Freedom Pump Station Program—Not to Exceed $31,600.00

R-118-18

WHEREAS, the Township of Randolph (“Township”) requires engineering services during the construction phase of Butterworth III/Mt. Freedom Pump Station project until the project is fully completed; and

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

WHEREAS, the Township has agreed to retain Dewberry Engineers Inc. located at 600 Parsippany Rd, Ste 301, Parsippany, NJ 7054 to provide the necessary engineering services during the construction phase of Butterworth III/Mt. Freedom Pump Station project for a total amount not to exceed $31,600; and

WHEREAS, the fees are as noted in the attached proposal and will remain as stated for the term of this contract; and

WHEREAS, the term of this contract is until the project is fully completed; and

WHEREAS, the contract with Dewberry Engineers Inc. is for a total amount not to exceed $31,600 and was not solicited through receipt of sealed bids or competitive contracting, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Dewberry Engineers Inc. has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Dewberry Engineers Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the retention of such professional services from account #08-215-55-912-300; and

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

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

The Township hereby hires, employs and retains Dewberry Engineers Inc. having an office at 600 Parsippany Rd, Ste 301, Parsippany, NJ 7054 to provide engineering services during the construction phase of Butterworth III/Mt. Freedom Pump Station project until the project is fully completed.
Dewberry Engineers Inc. shall be compensated for a total contract amount not to exceed $31,600.
The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 17, 2018

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 Sewer Capital Fund, Ordinance 23-15, Butterworth Project, to award a contract to Dewberry Engineers for engineering services, per its proposal submitted to the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 08-215-55-912-303 (not to exceed $31,600)

3. Authorizing Contracts with an Additional Approved Vendor under the MCCPC Pursuant to N.J.S.A. 40A:11-11(5)

R-119-18

WHEREAS, the Township of Randolph on March 1, 2018 via R 76-18 authorized contracts with certain approved MCCPC Contract Vendors; and

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

WHEREAS, the additional MCCPC Contract Vendor has been added to the attached list; and

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the referenced MCCPC Contract Vendors shall be until December 31, 2018 or upon expiration of the vendor’s contract whichever is first.

4. Awarding a Contract for Freedom Park Turf Field Project to Dakota Excavating Co., Inc.—$1,077,730.00

R-120-18

WHEREAS, the Township of Randolph advertised for the Freedom Park Turf Field Project in accordance with Local Public Contracts Law and received bids on May 8, 2018; and

WHEREAS, 7 bids were received; and

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

Cinelly Group Corp, Wayne, NJ—$1,509,921.64;
The LandTek Group, Amityville, NY—$1,321,270.00;
Applied Landscape Technologies, Montville, NJ—$1,339,711.00;
Rochelle Contracting Co, Inc., Landing, NJ—$1,340,447.00;
Abraham General Construction LLC, West Orange, NJ—$1,460,780.00;
Dakota Excavating Co, Inc., Hackensack, NJ—$1,077,730.00;
Grade Construction, Paterson, NJ—$1,341,359.00; and

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

WHEREAS, the Township of Randolph desires to award a contract for the Freedom Park Turf Field Project to Dakota Excavating Co, Inc. of Hackensack, NJ in the amount of $1,077,730.00; and

WHEREAS, the Finance Officer has certified to the availability of funds for this project from 04-215-55-994-301 and 04-215-55-994-302. 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 Dakota Excavating Co, Inc. of Hackensack, NJ for the Freedom Park Turf Field Project for the price of $1,077,730.00 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 17, 2018

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 11-18, Freedom Park Improvements, to award a contract to Dakota Excavating Company for the Freedom Park Turf Field Project, per its response to a bid solicitation by the township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-994-301 (not to exceed $409,537)
04-215-55-994-302 (not to exceed $668,193)

5. Authorizing Award of MCCPC Contract #37 for Traffic Signal Maintenance and Repair to Jen Electric, Inc.

R-121-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #37 (Traffic Signal Maintenance and Repair); and

WHEREAS, bids had been advertised and received on April 19, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received; and

WHEREAS, the bid submitted by Jen Electric, Inc. in Springfield, New Jersey, was the lowest responsive and responsible bidder for the items and prices shown on the attached Notification of Award for a two-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #37 (Traffic Signal Maintenance and Repair) to Jen Electric, Inc. as noted above for the term July 1, 2018 - June 30, 2020.

6. Authorizing Award to Paper Mart, Inc., W.B. Mason Company, Inc., and Paterson Card & Paper Company for the Term of July 1, 2018 - June 30, 2019 and the Rejection of Paterson Card & Paper Co. for Items 21, 22 and 23 of MCCPC Contract #30 for Office Paper Supplies

R-122-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #30 (Office Paper Supplies); and

WHEREAS, bids had been advertised and received on April 19, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received; and

WHEREAS, Contract #30 is awarded by line item; and

WHEREAS, Paterson Card & Paper Company was the apparent low bidder for Items 21, 22 and 23 however the quantity being offered was above the +/- 5% allowed in the bid specifications and therefore their bid for those items must be rejected as non-responsive; and

WHEREAS, Paper Mart, Inc. in East Hanover, New Jersey, W.B. Mason Company, Inc. in Secaucus, New Jersey, and Paterson Card & Paper Company in Paterson, New Jersey, are the lowest responsive and responsible bidders for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection, and hereby rejects, the bid by Paterson Card & Paper Company for Items 21, 22 and 23 in Contract #30 (Office Paper Supplies) as noted above.

BE IT FURTHER RESOLVED that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #30 (Office Paper Supplies) to Paper Mart, Inc., W.B. Mason Company, Inc., and Paterson Card & Paper Company as noted above for the term July 1, 2018 - June 30, 2019.

7. Authorizing Award of MCCPC Contract #50 for Fire Department Uniforms Purchase to Universal Uniform Sales Company, Inc. for the Term of July 1, 2018 - June 30, 2019

R-123-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #50 (Fire Department Uniforms—Purchase); and

WHEREAS, bids had been advertised and received on April 19, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received; and

WHEREAS, the bid submitted by Universal Uniform Sales Company, Inc. in Morristown, New Jersey, was the lowest responsive and responsible bidder for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #50 (Fire Department Uniforms—Purchase) to Universal Uniform Sales Company, Inc. as noted above for the term July 1, 2018 - June 30, 2019.

8. Authorizing Award of MCCPC Contract #13 for Fire Equipment Services to Various Bidders and the Rejection of the Bid from Witmer Public Safety Group

R-124-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #13-A (Fire Equipment Services); and

WHEREAS, bids had been advertised and received on April 19, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received; and

WHEREAS, Contract #13-A (Fire Equipment Services) is awarded by category or sub-category; and

WHEREAS, there were no bids for Categories 11, 11A, 12 or 13 (sub-categories B through E); and

WHEREAS, the bid submitted by Witmer Public Safety Group in Coatesville, Pennsylvania, was submitted on a prior year’s bid proposal form where they subsequently bid on categories and brands that were deleted from this year’s bid, therefore the bid must be rejected as non-responsive; and

WHEREAS, the following bidders were the lowest responsive and responsible bidders for the items and prices shown on the attached Notification of Award for a one-year term:

Categories 1 - 5: Fire & Safety Technologies in Lebanon, New Jersey
Category 6: City Fire Equipment Company in East Hanover, New Jersey
Categories 7 - 9: Firefighter One, LLC in Sparta, New Jersey
Category 10: Fail Safe Testing, LLC in Manalapan, New Jersey
Category 13A: Firefighter One, LLC in Sparta, New Jersey
Category 14: Fail Safe Testing, LLC in Manalapan, New Jersey

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection, and hereby rejects, the bid submitted by Witmer Public Safety Group for Contract #13-A (Fire Equipment Services) as noted above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #13-A (Fire Equipment Services) to the bidders noted above for the term July 1, 2018 - June 30, 2019.

9. Release of a Road Opening Bond for the Purpose of Repaving the Driveway at 15 Shadowbrook Way, Block 40, Lot 4.13 to Larry Weinstein—$500.00

R-125-18

WHEREAS, the Engineering Department has received a request from Larry Weinstein for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 15 Shadowbrook Way, Mendham NJ 07945 BL 40/L 4.13; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on April 23, 2018; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the repaving of the driveway at 15 Shadowbrook Way, Mendham, NJ 07945, 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 Larry Weinstein at 15 Shadowbrook Way, Mendham NJ 07945.

10. Acknowledging and Confirming Redemption of Tax Sale Certificate Assessed to Sarai Management, LLC for Block 21, Lot 29.04, 238 Dover Chester Rd.

R-126-18

WHEREAS, Tax Sale Certificate #2053 held by the Township of Randolph, and assessed to Sarai Management, LLC known as, Block 21, Lot 29.04 and also known as 238 Dover Chester Rd.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Miguel Cruz, Managing Member of the property. The redemption includes all open principal and interest in the amount of $10,729.81.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph that this Governing Body acknowledges and confirms the redemption of tax sale certificate #2053; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Certified Tax Collector is authorized to process all the necessary documents to redeem said lien, to bring the account current and cancel the certificate from record with the Morris County Clerk’s Office.

11. Refund Tax Sale Certificate Assessed to Wilmington Savings Fund Society FSB for Block 91, Lot 10, 183 A&B Morris Tpke., to C&E Tax Lien Fund I/Christina T C/F—$12,314.81

R-127-18

WHEREAS, Tax Sale Certificate #17-13 held by C&E Tax Lien Fund I/Christina t C/F, and assessed to Wilmington Savings Fund Society FSB known as, Block 91, Lot 10 and also known as 183A&B Morris Tpke., and;

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Janine Baldo of At Brokers, LLC representative for the sale of said property and the redemption includes principal and interest in the amount of $4,714.81 and the return of a premium in the amount of $7,600.00.

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 the total amount of $12,314.81 to C&E Tax Lien Fund I/Christina T C/F, PO Box 5021, Philadelphia, PA 19111 the lien holder of Tax Sale Certificate #17-13.

12. Authorizing the Settlement of Certain Residential and Commercial Tax Appeals with O’Shaughnessy, Denis/Cherub for Block 49, Lot 3.05, 27 Trout Brook Lane for Tax Years 2016 & 2017

R-128-18

WHEREAS, appeals of the real property tax assessments of the following property have been filed in the Tax Court of New Jersey:

PROPERTY OWNER	BLOCK	LOT	ADDRESS
O’Shaughnessy, Denis/Cherub	49	3.05	27 Trout Brook Lane

; and

WHEREAS, the property owners and the Township have agreed to a settlement for the pending appeals; and

WHEREAS, the property owners have agreed to waive pre-judgment interest due on any refunds payable as a result of the proposed settlement provided that the refund is made within sixty (60) days of the date of entry of Judgment by the Tax Court; and

WHEREAS, the settlement of this matter, as set forth herein, is in the best interest of the Township of Randolph and is recommended by the Township Tax Assessor and should, therefore, be settled pursuant to the terms set forth herein.

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

1. The settlement of the following tax appeals filed at the Tax Court of New Jersey is hereby authorized as follows:

PROPERTY OWNER	YEAR	ORIGINAL ASSESSMENT	PROPOSED SETTLEMENT
O’Shaughnessy, Denis/Cherub	2016	$1,430,000	$1,000,000
O’Shaughnessy, Denis/Cherub	2017	$1,594,700	$1,594,700

2. Upon receipt of the Tax Court Judgment, the Township Tax Collector is hereby authorized to refund the amount due and to be paid within sixty days of the issuance of the Judgment by the Tax Court of New Jersey.

3. This resolution shall take effect immediately or as otherwise provided by law.

13. Authorizing MCCPC Contract #35 for Light Bulbs to Various Bidders

R-129-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #35 (Light Bulbs); and

WHEREAS, bids had been advertised and received on April 19, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received; and

WHEREAS, Contract #35 (Light Bulbs) is awarded on a line item basis; and

WHEREAS, the bid specifications state that the MCCPC will allow the bidders to offer a product with a case quantity +/- 5% of the quantity specified in the bid proposal; and

WHEREAS, the bid specifications state that bidders are to provide an internet-searchable part number or a one-page descriptive printout from the manufacturer for each bulb being bid; and

WHEREAS, those vendors who offered a case quantity that exceeded the +/- quantity or who provided a part number or one-page printout that could not be verified were rejected for that item;

WHEREAS, there were tie bids for Items #47, #49 and #80 and, as stated in the bid specifications, a name drawing was held on May 11, 2018, to determine the winner for each of the items; and

WHEREAS, the lowest responsive and responsible bidders for the items in Contract #35 (Light Bulbs) are reflected in the attached Notification of Award for a one-year period.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #35 (Light Bulbs) to the bidders as noted above for the term July 1, 2018 - June 30, 2019.

14. Authorizing MCCPC Contract #40 for Personal Protection Items & Equipment for Emergency Personnel to Various Bidders

R-130-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #40 (Personal Protection Items & Equipment for Emergency Personnel); and

WHEREAS, bids had been advertised and received on April 19, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received; and

WHEREAS, the bid specifications require that bidders be authorized to sell the complete manufacturer line of the items being bid and that, due to compatibility issues, alternate manufacturers will not be considered; and

WHEREAS, Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) is awarded on a line item basis to the responsive and responsible bidder offering the highest percentage discount; and

WHEREAS, there were tie bids for Items #18 and #19 in Category A and for Items #29 and #45 in Category B and, as stated in the bid specifications, a name drawing was held on May 11, 2018, to determine the winner for each of the items; and

WHEREAS, the bid by Witmer Public Safety Group in Coatesville, Pennsylvania, was submitted on a prior year’s bid proposal form and they did not submit any of the mandatory price lists with their proposal and therefore the bid must be rejected as non-responsive; and

WHEREAS, the responsive and responsible bidders offering the highest percentage discount for the items in Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) are reflected in the attached Notification of Award for a one-year period.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection, and hereby rejects, the bid submitted by Witmer Public Safety Group for Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) as noted above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) to the bidders noted above for the term July 1, 2018 - June 30, 2019.

15. Authorizing the Township Manager to Endorse the Treatment Works Approval (TWA) Application to NJDEP for the Construction of the Alpine Valley Sanitary Sewer Main Extension in the Township of Mine Hill

R-131-18

WHEREAS, the Township of Mine Hill, (the “Applicant”) has requested endorsement of a Treatment Works Approval (TWA) for the construction of a sanitary force main, pump station and sewer main extension on Central Avenue, Shawn Street and William Street (Alpine Valley Project) in Mine Hill; and

WHEREAS, the permit is to convey the effluent from 58 residential properties and 23,082 square feet of commercial space with a total design flow of 19,710 gallons per day through the Mine Hill system into the Jackson Brook Interceptor to the Rockaway Valley Regional Sewerage Authority (RVRSA) treatment facility.

WHEREAS, the applicant has requested that the Township endorse said application to the New Jersey Department of Environmental Protection (NJDEP); and

WHEREAS, the application must be submitted to the New Jersey Department of Environmental Protection to obtain a TWA approval for the construction of the gravity sewer main and pump station for this project; and

WHEREAS in order for the New Jersey Department of Environmental Protection to consider the application, the same must be endorsed by the Township among others; and

WHEREAS the Township desires to authorize the execution of the endorsement of the said application,

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

The Township Manager is herby authorized and directed to execute the appropriate endorsements for the Treatment Works Approval, together with other appropriate officers and employees of the Township of Randolph, and hereby authorized to take all actions necessary to effectuate the purpose.
This resolution shall take effect immediately.

16. Appointment of Elizabeth Crescibene as the Qualified Purchasing Agent for Randolph Township

R-132-18

WHEREAS, N.J.A.C. 5:34-5 et seq. establishes the criteria for qualifying as a Qualified Purchasing Agent; and

WHEREAS, Elizabeth Crescibene possesses the designation of Qualified Purchasing Agent as issued by the Director of the Division of Local Government Services in accordance with N.J.A.C. 5:34-5 et seq., and was appointed as the Qualified Purchasing Agent for the Township of Randolph on January 12, 2012.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Randolph hereby appoints Elizabeth Crescibene as the Qualified Purchasing Agent to exercise the duties of a purchasing agent pursuant to N.J.S.A. 40A:11-2(30), retroactive to January 12, 2012, with specific relevance to the authority, responsibility and accountability of the purchasing activity of the contracting unit; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution and a copy of Elizabeth Crescibene’s Qualified Purchasing Agent certification be forwarded to the Director of the Division of Local Government Services.

17. Conditionally Consenting to the Assignment of the MCCPC Contract #1 Motor Gasoline—Categories A & B, and MCCPC Contract #12: #2 Ultra Low Sulphur Diesel Fuel Dyed—Category A for the Period Ending December 31, 2019 from Allied Oil, LLC to Griffith Allied Trucking, LLC

R-133-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) solicited bids and awarded Contracts for the supplying of certain motor fuel; and

WHEREAS, Contract #1: Motor Gasoline [Categories A and B] (“Contract #1”); and Contract #12: #2 Ultra Low Sulphur Diesel Fuel Dyed [Category A] (“Contract #12”) are currently held by Allied Oil, LLC (“Allied”); and

WHEREAS, Section Y of the General Conditions and Instruction to Bidders for both Contract #1 and Contract #12 allows the contractor to assign, transfer and convey its right, title and interest in the Contract or any part thereof to any other person, company or corporation with the prior consent in writing of the MCCPC; and

WHEREAS, Allied has informed the Township that it is selling the bulk of its assets to Griffith-Allied Trucking, LLC (“Griffith”) and that Griffith will assume all of the rights, responsibilities, liabilities and obligations of Allied under Contract #1 and Contract #12 as described above; and

WHEREAS, after reviewing the above information and confirming that Griffith is willing to assume all of the obligations of Allied under Contract #1 and Contract #12 for the balance of the Contract period ending December 31, 2019, the Township on behalf of the MCCPC has concluded that it is in the best interests of the MCCPC and its constituent members to consent to the assignment of Contract #1 and Contract #12 from Allied to Griffith, under the terms and conditions set forth hereinafter.

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

The Township of Randolph, on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) hereby agrees and consents to the assignment of Contract #1: Motor Gasoline [Categories A and B] (“Contract #1”) and Contract #12: #2 Ultra Low Sulphur Diesel Fuel Dyed [Category A] (“Contract #12”) from Allied Oil, LLC (“Allied”) to Griffith-Allied Trucking, LLC (“Griffith”), contingent upon the submission of the following materials in a form satisfactory to the MCCPC and its counsel:
1. A properly executed Assignment and Assumption of Contracts Agreement by and between Allied and Griffith.
2. All documents, completed forms, affidavits and material from Griffith that Griffith would have provided to the MCCPC had Griffith bid upon and been awarded Contract #1 and Contract #12 in the first instance.
3. A Consent of Surety that a performance guarantee as set forth in the Contract documents for Contract #1 and Contract #12 will be furnished.
4. A performance guarantee in an amount as calculated in accordance with the Contract Documents for Contract #1 and Contract #12, for not less than the pro-rated performance guarantee amount to the end date of the Contract (viz. December 31, 2019).
5. A current Business Registration Certificate for Griffith.
In the event that the conditions set forth in Section 1 above are not fulfilled within sixty (60) days of the date of the adoption of this Resolution, this Resolution shall automatically become null and void and of no legal effect without any further action by the Township on behalf of the MCCPC.
In the event that this Resolution becomes null and void for the reasons as set forth in Paragraph 2 immediately above, the Township, on behalf of the MCCPC shall not be required to enforce the Consent of Surety and the Township’s consent to said Assignment, shall be considered withdrawn, null and void in which case Contract #1 and Contract #12 shall remain the obligation of Allied to fulfill.
This Resolution shall take effect immediately, but its operative sections shall take effect upon the satisfaction of the conditions set forth herein.

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

AYES:
Councilwoman Carey
Councilman Guadagno
Councilwoman Veech
Deputy Mayor Loveys (via phone)
Mayor Forstenhausler

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

G. UPCOMING EVENTS

Arts in the Park, Saturday, May 19th from 3:00 p.m. - 7:00 p.m., at the Randolph Township Community Center and Library Complex
3rd Annual “Cissy Laureys” Award and Recognition Ceremony, Tuesday, May 22nd from 10:00 a.m. - 12:00 p.m., at the Frelinghuysen Arboretum
Memorial Day Event at VFW on Monday, May 28th at 11:00 a.m. at the VFW, 103 Carrell Road
Hope One vehicle at the Acme, 690 Millbrook Avenue on Tuesday, May 29th from 9:00 a.m. - 2:00 p.m.
Library Event—Bakersfield Breakers Classic Twang & Surf—Music of the 50s and 60s, Sunday, June 10th at 2:00 p.m. Register 973-895-3556
Randolph Rock Stars Celebration, Randolph High School Commons on Thursday, June 14th from 7:00 p.m. - 9:30 p.m., $35/person or $260/table
Randolph Rocks 5K Run/Walk, sponsored by the Randolph Education Foundation on Saturday, June 16th starting at 8:30 a.m.; Registration from 7:00 a.m. - 8:15 a.m.

H. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 12-18: Bond Ordinance Appropriating $573,000 and Authorizing the Issuance of $533,000 Bonds or Notes of the Township for Various Improvements or Purposes Authorized to be Undertaken by the Township of Randolph in the County of Morris, New Jersey

BE IT RESOLVED, that an Ordinance entitled “BOND ORDINANCE APPROPRIATING $573,000 AND AUTHORIZING THE ISSUANCE OF $533,000 BONDS OR NOTES OF THE TOWNSHIP FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF RANDOLPH IN THE COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is the bond ordinance for general projects that were part of the 2018 capital plan, it includes public works equipment as well as the fire department equipment that is being paid through borrowed funds.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “BOND ORDINANCE APPROPRIATING $573,000 AND AUTHORIZING THE ISSUANCE OF $533,000 BONDS OR NOTES OF THE TOWNSHIP FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF RANDOLPH IN THE COUNTY OF MORRIS, NEW JERSEY” 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.

Councilwoman Veech made a motion to adopt the ordinance. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilwoman Veech
Deputy Mayor Loveys (via phone)
Mayor Forstenhausler

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

2. Ordinance No. 13-18: A Bond Ordinance Appropriating $3,050,000 and Authorizing the Issuance of $2,897,500 Bonds or Notes of the Township for Various Water System Improvements or Purposes Authorized to be Undertaken by the Township of Randolph in the County of Morris, New Jersey

BE IT RESOLVED, that an Ordinance entitled “A BOND ORDINANCE APPROPRIATING $3,050,000 AND AUTHORIZING THE ISSUANCE OF $2,897,500 BONDS OR NOTES OF THE TOWNSHIP FOR VARIOUS WATER SYSTEM IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF RANDOLPH IN THE COUNTY OF MORRIS, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this is the bond ordinance for the two water projects for this year; it is primarily the Meadowbrook Road water improvement project.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “A BOND ORDINANCE APPROPRIATING $3,050,000 AND AUTHORIZING THE ISSUANCE OF $2,897,500 BONDS OR NOTES OF THE TOWNSHIP FOR VARIOUS WATER SYSTEM IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF RANDOLPH IN THE COUNTY OF MORRIS, NEW JERSEY” 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 adopt the ordinance. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilwoman Veech
Deputy Mayor Loveys (via phone)
Mayor Forstenhausler

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs

I. OPEN TO THE PUBLIC

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

J. COUNCIL COMMENTS

Councilwoman Carey reported that the Library Board met; there are a lot more art displays and programming at the library. The Arts in the Park festival will take place on May 19th outdoors between the library and the community center. She also reported that the Randolph Rock Star event will be held in June; the business person of the year will be Lore Reinhart, the Director of the library.

Councilwoman Veech reported that the Parks Committee met; she provided an update of on the new park. There were a lot of questions about the community garden. The Parks Committee and Recreation Committee will have a joint meeting on June 14th; they will be touring the site for the new park on Calais Road.

Councilwoman Carey asked if there have been any requests for bench dedications. Manager Mountain replied that there have not been any. There will be a bench dedication scheduled for Peter Braun; however, the Manager has to coordinate with Mr. Braun’s family for a date.

Councilman Guadagno noted that the traffic lights on Route 10 had been out earlier in the week; he asked why there were no backup lights on those signals. Manager Mountain replied that it is an issue with the state; the township has, and continues to, pressure the state about the issue. The Governor’s office has been contacted as well. The improvements to the Route 10 intersections have been delayed several years. The township will push to separate that aspect of the improvements since it is a safety issue and it impacts the town. Mayor Forstenhausler added that the state was delaying generators or battery backups for the lights until they redid the intersections. He spoke with the Governor and a liaison in his office; they are trying to get the DOT to move more quickly.

Councilman Guadagno asked when the street sweeper would be coming through since it typically comes right after the branch collection. Manager Mountain explained that there will be two street sweepers coming through, but they are currently working on finishing up the branch collection.

Councilman Guadagno reported that he attended the Solid Waste Advisory Commission meeting, for which he is the chairperson. There is going to be an issue with solid waste in the future since China is no longer accepting any solid waste. There is going to be a cement recycling facility in Mount Olive, and in Sussex County, the largest glass recycling center in the state is being built.

Mayor Forstenhausler thanked the Recreation Department for their efforts with the Gordon Raupp/Kiwanis Fishing Derby.

Mayor Forstenhausler reported that he attended the Relay For Life; the organizers expressed their concern for Councilman Tkacs. It was a well attended event.

Mayor Forstenhausler commended the Health Department for organizing the skin cancer screening; he and his wife attended for the first time and felt it was very thorough and encouraged others to go in the future.

Mayor Forstenhausler reported that he and Manager Mountain were in constant contact during the most recent storm; they spoke to the representative from JCP&L several times, and he felt they did a decent job. He did discuss the traffic light issue with them. The Mayor explained that there are still issues with poles when they come down as far as JCP&L and Verizon determining whose pole it is, but they have told the township that they have resolved the issue. Manager Mountain added that the issue has been resolved at the management level, but the issue now seems to be with the field crew, and how they can better communicate.

K. EXECUTIVE SESSION

There was no Executive Session.

L. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 7:40 p.m. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilwoman Veech
Deputy Mayor Loveys (via phone)
Mayor Forstenhausler

NAYS: None

ABSENT:
Councilman Napoliello
Councilman Tkacs