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

Minutes: May 1, 2014

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 Loveys. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location, and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the bulletin board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 5, 2013 by e-mailing them the annual resolution adopted by the Council on December 5, 2013. The annual resolution, including this meeting date, was advertised in the Randolph Reporter, the official paper of the Township of Randolph, and the Daily Record on December 12, 2013.

2. Roll Call

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

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

3. Mayor Loveys led the Pledge of Allegiance.

B. RECOGNITION/PROCLAMATION

1. Historic Preservation Month—May 2014

Councilman Guadagno read the Proclamation and presented it to Marcia Rumsey of the Historical Society of Old Randolph.

NEW AGE OF PRESERVATION: EMBARK, INSPIRE, ENGAGE

WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural and for Americans of all ages, all walks of life and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and

WHEREAS, New Age of Preservation: Embark, Inspire, Engage is the theme for National Preservation Month 2014, co-sponsored by Randolph Township’s Landmarks Committee and the National Trust for Historic Preservation.

NOW, THEREFORE, be it resolved that I, James Loveys, Mayor of the Township of Randolph, in the County of Morris, New Jersey, do hereby proclaim May 2014 as National Preservation Month, and call upon the people of Randolph to join their fellow citizens across the United States in bringing awareness to the New Age of Preservation.

2. Buddy Poppy Distribution

Mayor Loveys explained the history of the buddy poppy. He read the Proclamation and presented it to members of VFW Post 7333.

BUDDY POPPY DISTRIBUTION MAY 1 THROUGH MAY 31, 2014

WHEREAS, the annual distribution of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and

WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and

WHEREAS, the basic purpose of the annual distribution of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to “Honor the Dead by Helping the Living.”

NOW, THEREFORE, I, James Loveys, Mayor of the Township of Randolph, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies from May 1 through May 31, 2014 which are symbols of appreciation for the sacrifices of our honored dead.

FURTHER, I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

C. APPOINTMENTS

1. Appointing Margaret Kenny to the Municipal Alliance Committee (MAC)

Councilman Napoliello made a motion to appoint Margaret Kenny to the Municipal Alliance Committee (MAC). Deputy Mayor Veech seconded the motion, and the following role call vote was taken:

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

NAYS: None

2. Appointing Marion “Pat” Dashosh to the Environmental Committee—Alternate #1

Councilman Hirniak made a motion to appoint Marion “Pat” Dashosh to the Environmental Committee as Alternate #1. Councilwoman Carey seconded the motion, and the following role call vote was taken:

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

NAYS: None

D. OPEN TO THE PUBLIC

Matthew Sprung of 81 Everdale Road explained that he is one of the residents with the retaining walls on his property. He explained why the retaining walls are in place and why he felt the special assessment did not make sense. Mr. Sprung also stated he ultimately wanted to obtain a letter that he was given when he purchased the property in 2003 that said the municipality was responsible for the retaining walls. He stated that the walls were a component of the road improvement in the 1970s. When he purchased the home in 2003, the previous owner gave him a letter from Township Engineer Carl Bressen stating that the wall was constructed by the township in conjunction with the road widening project, and the walls are within the township right of way. The previous homeowner told Mr. Sprung that the wall was maintained by the town in the past, and based on the inspection, he didn’t feel anything needed to be done. However, the homeowner said if there were any repairs needed on the wall, it would be undertaken by the township. As a potential purchaser of the home in 2003, Mr. Sprung spoke to Mr. Bressen and Mr. Lovell. Mr. Bressen confirmed that the town was responsible for the walls, and they were working on a report to address the replacement of the walls. At that time, Mr. Lovell said they were considering putting the walls as a line item in the budget. Based on those conversations and the letter he had received, he purchased the home since the town would be maintaining the retaining wall. Mr. Sprung noted that the repairs to the retaining walls had been put on budgets in the past and removed. He also read from township memorandums regarding the repair of retaining walls. Mr. Sprung stated that on July 15, 2013 he sent Mr. Lovell a letter stating the walls were falling down and it was his understanding that it was the Municipality’s position that if a property owner was willing to talk about re-grading, the town would talk about it. Mr. Sprung stated that he was willing to talk about it, but he got no response from Mr. Lovell. Mr. Sprung followed up on January 31, 2014 to let Mr. Lovell know he planned to sell his home, and if there was a loss as a result of the wall, he would hold the township responsible for that loss. In his opinion the township put hundreds of thousands of dollars in deferred maintenance onto very few property owners which is a discriminatory issue. Mr. Sprung respectfully requested a letter stating that the municipality is willing to keep responsibility for the retaining wall, and as in 2003, put it in the budget and replace it.

Mayor Loveys thanked Mr. Sprung and stated that the council will take his comments under advisement as the situation continues to be evaluated.

Gene Stracco of 58 Mountainside Drive commended the Parks and Recreation Department, under the direction of Russ Newman and Jeanne Montemarano, for doing a tremendous job in keeping the playing fields in great condition after the bad winter. Mr. Stracco stated that he travels the state for softball and people comment on the great fields in Randolph. He again commended Russ and Jeanne, along with John VanBrunt and the maintenance staff.

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

E. MANAGER’S REPORT

Manager Mountain reported:

Progress is being made on the regional animal pound construction.
The Council workgroup for county bridge projects, including the Manager and staff, has met with the county to look at the Ironia bridge project. The consensus was that the project looks good and can proceed, but because of its minimal nature, a public hearing was not necessary. But the group would like the county to follow its usual noticing procedures and the public noticing would be done by the township as the project gets closer. It is anticipated to be a summer of 2015 project.
There was a very productive meeting with the Board of Education. The meeting was used to advise them of certain road and construction projects. The Board of Ed advised the township of things happening in the schools.
There are retirements in the Department of Public Works creating some vacancies.

There was some Council discussion regarding the bridge project.

F. DISCUSSION ITEMS

1. Road Overlay Recommendations

Manager Mountain explained that the Ordinance was left on the agenda in the event the Council is comfortable with the discussion. However, if there are changes as a result of the discussion, the Ordinance will be pulled and moved to the May 22 meeting.

Tom Spring explained the following:

The 2013 ranking of roads was basically obsolete due to the damage done to the roads from the extensive frost in the roads and potholes from the bad winter.
A very large list was narrowed down to about 37 roads. Once the 37 were determined, he developed a budget. He and Richard Lindsay consider many factors when determining the ranking of roads.
Every proposed road was listed and summarized on the document provided to the Council. Mr. Spring reviewed each of the 15 roads that are proposed for 2014.

Councilman Guadagno expressed that he would like the Ordinance to be pulled so the Council can review the specific roads.

Manager Mountain felt it was acceptable to pull the Ordinance until the following meeting, but since the timing of the paving is important, he felt it shouldn’t go beyond the next meeting. He suggested the Council funnel through him any questions or comments about the conditions of the designated roads or any others.

After much discussion, it was decided that the Ordinance would be pulled until the May 22nd Council meeting.

G. COMBINED ACTION RESOLUTIONS

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

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

NAYS: None

1. Authorizing Mayor to Sign Assignment of the Developers Agreement from Shelter Development, LLC to Brightview, Randolph

R-124-14

WHEREAS, Randolph Township entered into a Developer’s Agreement with Shelter Development, LLC; and

WHEREAS, Shelter Development Group, LLC wishes to assign the Developer’s Agreement and the development of the property to their affiliate—Brightview Randolph, LLC; and

WHEREAS, Shelter Development Group has requested that the Mayor sign the Assignment of the Developer’s Agreement.

WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Mayor be authorized to sign the agreement.

2. Refund Overpayment of Taxes for Block 51, Lot 9.12 for Tax Year 2013 to Frank and Alice Gatti—$10,418.15

R-128-14

WHEREAS, Frank/Alice Gatti has been granted a reduction in assessed valuation for the tax year 2013 by the Tax Court of New Jersey on Block 51, Lot 9.12, known as 17 Canterbury Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2013 in the amount of $10,418.15.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $10,418.15 to Frank/Alice Gatti.

3. Refund Outside Tax Sale Certificate for Block 46, Lot 5.02 to Jonathan Katz—$96,162.55

R-129-14

WHEREAS, Outside Tax Sale Certificate #1928 held by Jonathan Katz, assessed to Robert Smith, Block 46, Lot 5.02, 215 Dover-Chester Rd; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $96,162.55.

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 $96,162.55 to Jonathan Katz holder of Tax Sale Certificate #1928.

4. Extending the Contract for Towing Services from July 1, 2014 through June 30, 2015 with Tony’s Towing & Recover

R-130-14

WHEREAS, the Township of Randolph advertised for 2013 Towing Services for the period of July 1, 2013 through June 30, 2014 with the option to extend for one (1) year and received bids on April 12, 2013, in accordance with Local Public Contracts Law; and

WHEREAS, on June 6, 2013 via R-190-13 the Township of Randolph awarded a one year contract from July 1, 2013 through June 30, 2014 to Tony’s Towing & Recovery, Inc., Dover, NJ for the fees of:

Basic Towing—Days: $125.00 flat rate
Basic Towing—Nights, Weekends, NJ State Holidays, $125.00 flat rate
Storage (Daily Rate): $45.00; and

WHEREAS, the Police Chief recommends the extension of the contract for one year from July 1, 2014 through June 30, 2015 at the same fees.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the contract with Tony’s Towing & Recovery, Inc. of Dover, NJ for Towing Services be extended for one year from July 1, 2014 through June 30, 2015 for the fees as stated above.

5. Authorizing Award of MCCPC Contract #10 Lumber, Insulation, Hardware & Paint Supplies to Various Suppliers from July 1, 2014 - June 30, 2015

R-131-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #10 (Lumber, Insulation, Hardware & Paint Supplies); and

WHEREAS, bids had been advertised and received on April 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, six bids were received for Contract #10 (Lumber, Insulation, Hardware & Paint Supplies); and

WHEREAS, Bayway Lumber, the low bidder for Category G, submitted a bid that was not in compliance with the bid specifications and is therefore non-responsive and must be rejected for Category G only; and

WHEREAS, the bidders submitting the lowest responsive and responsible bids for a one-year contract as shown on the attached Notification of Award are as follows:

Category A (Construction Lumber): Park Union Building Supply
Category B (Pine Lumber): Park Union Building Supply
Category C (Plywood and Sheeting): Feldman Lumber
Category D (Sheetrock and Supplies): Bayway Lumber
Category E (Trim): Bayway Lumber
Category F (Pressure Treated Lumber): Park Union Building Supply
Category G (Insulation Supplies): Park Union Building Supply
Category H (Hardware Supplies): Cerbo Hardware & Lumber
Category I (Paint Supplies): Ricciardi Brothers

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #10 (Lumber, Insulation, Hardware & Paint Supplies) as noted above for the term July 1, 2014 - June 30, 2015.

BE IT FURTHER RESOLVED that the Township Council rejects the bid submitted by Bayway Lumber for Category G only as being non-responsive to the bid specifications.

6. Authorizing Award of MCCPC Contract #29 for Pest Control Services to Anchor Pest Control from July 1, 2014 - June 30, 2016

R-132-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #29 (Pest Control Services - Buildings); and

WHEREAS, bids had been advertised and received on April 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, four bids were received for Contract #29 (Pest Control Services - Buildings); and

WHEREAS, Anchor Pest Control in Iselin, New Jersey, was the lowest responsive and responsible bidder for Contract #29 (Pest Control Services - Buildings) at a price of $24.00 per hour for a two-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #29 (Pest Control Services - Buildings) as noted above for the term July 1, 2014 - June 30, 2016.

7. Authorizing Award of MCCPC Contract #30 for Office Paper Supplies to Various Suppliers from July 1, 2014 to June 30, 2015

R-133-14

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 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, four bids were received for Contract #30 (Office Paper Supplies); and

WHEREAS, the bid proposal submitted by RSP Paper & Envelopes in Neshanic Station, New Jersey, was non-responsive in that the Ownership Disclosure Statement, which is a mandatory form required by statute, was not notarized and must therefore be rejected; and

WHEREAS, the lowest responsive and responsible bidders for each line item contained in Contract #30 (Office Paper Supplies) are reflected in 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 on behalf of the MCCPC hereby authorizes the award of Contract #30 (Office Paper Supplies) as noted above for the term July 1, 2014 - June 30, 2015.

BE IT FURTHER RESOLVED that the Township Council authorizes the rejection of the bid proposal submitted by RSP Paper & Envelopes as noted above.

8. Authorizing Award of MCCPC Contract #44 for Welding Supplies to Airgas USA from July 1, 2014 - June 30, 2016

R-135-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #44 (Welding Supplies); and

WHEREAS, bids had been advertised and received on April 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, one bid was received for Contract #44 (Welding Supplies); and

WHEREAS, Airgas USA in Allentown, Pennsylvania, was the lowest responsive and responsible bidder for Contract #44 (Welding Supplies) for the items shown on the attached Notification of Award for a two-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #44 (Welding Supplies) as noted above for the term July 1, 2014 - June 30, 2016.

9. Authorizing Award of MCCPC Contract #47 for Water Meters - Data Recorders and Radio Frequency Meter Interface Units to Various Bidders from July 1, 2014 to June 30, 2015

R-136-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #47 (Water Meters/Data Recorders & Radio Frequency Meter Interface Units); and

WHEREAS, bids had been advertised and received on April 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, two bids were received for Contract #47 (Water Meters/Data Recorders & Radio Frequency Meter Interface Units); and

WHEREAS, HD Supply Waterworks in Edison, New Jersey, was the lowest responsive and responsible bidder for those categories of Contract #47 (Water Meters/Data Recorders & Radio Frequency Meter Interface Units) shown on the attached Notification of Award for a one-year contract; and

WHEREAS, Rio Supply, Inc. in Sicklerville, New Jersey, was the lowest responsive and responsible bidder for those categories of Contract #47 (Water Meters/Data Recorders & Radio Frequency Meter Interface Units) shown on the attached Notification of Award for a one-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #47 (Water Meters/Data Recorders & Radio Frequency Meter Interface Units) as noted above for the term July 1, 2014 - June 30, 2015.

10. Authorizing Award of MCCPC Contract #48 for Equipment Parts for Turf Care to Power Place, Inc. from July 1, 2014 - June 30, 2015

R-137-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #48 (Equipment Parts for Turf Care); and

WHEREAS, bids had been advertised and received on April 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, one bid was received for Contract #48 (Equipment Parts for Turf Care), Category 3 only; and

WHEREAS, no bids were received for Category 1 or Category 2 of Contract #48 (Equipment Parts for Turf Care): and

WHEREAS, Power Place, Inc., in Rockaway, New Jersey, was the lowest responsive and responsible bidder for Contract #48 (Equipment Parts for Turf Care), Category 3, at a discount of 6% for John Deere Parts (John Deere Parts Price List - 2014) for a one-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #48 (Equipment Parts for Turf Care), Category 3, as noted above for the term July 1, 2014 - June 30, 2015.

11. Authorizing Award of MCCPC Contract #50 for Fire Department Uniforms Purchase from Universal Uniform Sales Co. from July 1, 2014 to June 30, 2015

R-138-14

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 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, one bid was received for Contract #50 (Fire Department Uniforms - Purchase); and

WHEREAS, Universal Uniform Sales Company in Morristown, New Jersey, was the lowest responsive and responsible bidder for Contract #50 (Fire Department Uniforms - Purchase) for the items shown on the attached Notification of Award for a one-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #50 (Fire Department Uniforms - Purchase) as noted above for the term July 1, 2014 - June 30, 2015.

12. Authorizing Award of MCCPC Contract #51 for the Removal and Disposal of Deer Carcasses to Various Bidders from July 1, 2014 to June 30, 2016

R-139-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #51 (Deer Carcass Removal & Disposal); and

WHEREAS, bids had been advertised and received on April 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, three bids were received for Contract #51 (Deer Carcass Removal & Disposal); and

WHEREAS, Space Farms in Wantage, New Jersey, was the lowest responsive and responsible bidder for Essex, Morris, Passaic, Sussex, Union, and Warren Counties as reflected on the attached Notification of Award for a two-year contract; and

WHEREAS, Deer Carcass Removal Service in Cream Ridge, New Jersey, was the lowest responsive and responsible bidder for Hunterdon and Somerset Counties as reflected on the attached Notification of Award for a two-year contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #51 (Deer Carcass Removal & Disposal) as noted above for the term July 1, 2014 - June 30, 2016.

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

R-140-14

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 10, 2014, in accordance with Local Public Contracts Law; and

WHEREAS, three bids were received for Contract #40 (Personal Protection Items & Equipment for Emergency Personnel); and

WHEREAS, Firefighter One in Sparta, New Jersey, Continental Fire & Safety in Hamilton, New Jersey, and Skylands Area Fire Equipment & Training in Riverdale, New Jersey, were responsive and responsible bidders submitting the highest discounts for the various items as shown on the attached Notification of Award for a one-year term with the following exceptions:

Category A (Personal Protection Items for Emergency Personnel):
Item #30—Second highest discount bidder (Continental) offered a more recent price list (2014) than Skylands (2013)

Category B (Equipment for Emergency Personnel):
Item #19—Second highest discount bidder (Continental) offered a more recent price list (2014) than Firefighter One (2013)
Item #38—Item not awarded as bids submitted by Continental and Firefighter One did not reflect complete product line
Item #45—Price list submitted by highest discount bidder (Continental) was for a different product line
Item #47—Item not awarded as bid submitted by Skylands did not offer entire product line
Item #48—Second highest discount bidder (Firefighter One) offered a more recent price list (2014) than Continental (2013)

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #40 (Personal Protection Items & Equipment for Emergency Personnel) as noted above for the term July 1, 2014 - June 30, 2015.

14. Authorizing Rescission of a Portion of MCCPC Contract #16 for Office Supplies from Staples and Re-Awarding to WB Mason

R-141-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #16 (Office Supplies); and

WHEREAS, bids had been advertised and received on October 1, 2013, in accordance with Local Public Contracts Law; and

WHEREAS, an award of Contract #16 (Office Supplies) was made by the Township Council on November 7, 2013 to be effective January 1, 2014; and

WHEREAS, Staples was awarded Category B (Art & Drafting Supplies) at a discount of 60.0% off of the pricing contained in the 2014 Staples Full Line Catalog; and

WHEREAS, it was discovered after the award that the Staples Full Line Catalog does not list many of the individual items required under Category B; and

WHEREAS, Staples indicated that the required items are available as on-line purchases which is not permitted under the MCCPC; and

WHEREAS, it is recommended that Staples be found to be in default of the contract and that Category B (Art & Drafting Supplies) be rescinded from Staples; and

WHEREAS, the vendor offering the second highest discount, W.B. Mason, has been contacted and has agreed to hold the discount offered at the time of the bid, 58.5% from the 2014 United Stationers General Line Catalog, for the remainder of the contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the rescission of Category B (Art & Drafting Supplies) of Contract #16 (Office Supplies) from Staples.

BE IT FURTHER RESOLVED that the Township Council authorizes the re-award of Category B (Art & Drafting Supplies) of Contract #16 (Office Supplies) to W.B. Mason at a discount of 58.5% for the remainder of the contract term (December 31, 2014).

15. Refund Road Opening Cash Bond for Driveway Apron Repair on 31 Wilkeshire Blvd. to James Kraus—$500.00

R-142-14

WHEREAS, the Engineering Department has received a request from James Kraus, for the release of a $500.00 cash road opening bond posted for the purpose of driveway apron repair at 31 Wilkeshire Blvd., Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Apr. 10, 2014; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the driveway apron repair at 31 Wilkeshire Blvd. 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 James Kraus, 31 Wilkeshire Blvd., Randolph, NJ 07869.

16. Refund Mulch Delivery for 15 Devonshire Drive to Chantelle Grant—$520.00

R-143-14

WHEREAS, the Engineering Department has received a check in the amount of $520.00 from Chantelle Grant for the delivery of 4(four) loads of mulch to 15 Devonshire Dr., Randolph; and

WHEREAS, the Applicant was required to pay this fee of $520.00 for the delivery of the mulch which was received and deposited with the Finance Department on April 11, 2014; and

WHEREAS, the Engineering Department has received her request to cancel mulch delivery before delivery was made; and

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 Mulch Delivery fee in the amount of $520.00 be refunded to Chantelle Grant, 15 Devonshire Dr., Randolph, NJ 07869.

H. UPCOMING EVENTS

Community Wellness Day—May 3 from 12 noon - 4 p.m. at the Randolph Middle School
Beef Steak Dinner—May 31 at 6:00 p.m. at the Millbrook Company No. 2 Firehouse
Memorial Day Ceremony—May 26 at 11:00 a.m. at the VFW building on Carrell Road

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 10-14: Amending Chapter 24, Health and Sanitation, Appendix A, Fee Schedule of the Revised Ordinances of the Township of Randolph Regarding Body Art Establishments

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 24, HEALTH AND SANITATION, AND APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH REGARDING BODY ART ESTABLISHMENTS” be read by title on second reading and a hearing held thereon.

Health Officer Mark Caputo reported that the first tattoo parlor in Randolph opened last November. It is in the state code that the local Health Department has the authority to enforce the state code. The township staff felt it best for the Council to review the state code and adopt it by reference, giving the administration the ability to enforce the health and safety provisions that are in the body art code.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 24, HEALTH AND SANITATION, AND APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH REGARDING BODY ART ESTABLISHMENTS” 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 adopt the ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance No. 11-14: Amending Chapter 24, Health and Sanitation, and Appendix A, Fee Schedule of the Revised Ordinances of the Township of Randolph Regarding Tanning Facilities

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 24, HEALTH AND SANITATION, AND APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH REGARDING TANNING FACILITIES” be read by title on second reading and a hearing held thereon.

Health Officer Mark Caputo reported that the State Health Department registers tanning salons. Absent of the local involvement, the state would be involved. Mr. Caputo’s concern as addressed to the Board of Health, was that the state wouldn’t do as good of a job as the township would do in enforcing it. There is a provision in the state regulation that allows the local Health Department to take it over. Upon adopting it by reference it allows the Randolph Health Department to charge a minimal licensing fee.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING CHAPTER 24, HEALTH AND SANITATION, AND APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH REGARDING TANNING FACILITIES” 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.

Deputy Mayor Veech made a motion to adopt the ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

3. Ordinance No. 12-14: Amending Appendix A, Fee Schedule of the Revised Ordinances of the Township of Randolph Regarding Recreation

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Mountain reported that this Ordinance amends certain fees for Randolph Park. It was requested at introduction that a report be generated to the Council to provide information on how those fees would impact the overall revenues. The report was given to the Council after the introduction of this Ordinance.

OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that there is no mention in the Ordinance that there has always been free admission for senior citizens to Randolph Park. She felt it unnecessary to include it in the second reading, but wanted it on the record that the Council recognizes that Randolph senior citizens with proper identification have always been admitted to Randolph Park without paying a fee.

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, 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.

There was some discussion on the non-resident admission to Randolph Park as well as having the free admission for senior citizens included in the Ordinance. Attorney Buzak stated that the two issues are of the magnitude that the Ordinance would have to be re-advertised. He suggested the Council adopt the Ordinance as it is, and then introduce a second Ordinance to include the two issues.

Manager Mountain stated that he first wanted to check what is already on the books. Perhaps those items may already be noted, and because they haven’t changed they’re not included in this Ordinance. It is possible that another Ordinance may not be needed, but if the two issues aren’t included elsewhere, then one can be created.

Later in the meeting, Keli Gallo reported that she researched and found that there already is a waiver of fees for Randolph Park for anyone that receives public assistance, any member of the armed forces, and senior citizens.

Councilman Guadagno made a motion to adopt the ordinance. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

J. ORDINANCES: INTRODUCTIONS

1. Ordinance No. 13-14: Bond Ordinance Providing for Various Capital Improvements (Vehicles/Equipment for DPW, VFW Renovations, Community Center Bathroom Renovations)

Manager Mountain explained that the Capital Improvement Ordinances are broken up for accounting purposes. Ordinance No. 13-14, the capital plan is being appropriated through note financing. He explained in detail the various pieces of equipment included in the Ordinance as well as the renovations to the VFW and Community Center bathroom.

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE TOWNSHIP OF RANDOLPH, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $864,500 THEREFOR AND AUTHORIZING THE ISSUANCE OF $814,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” 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 22nd of May 2014 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 Guadagno made a motion to introduce the Ordinance. Councilman Forstenhausler seconded the motion, and the following role call vote was taken:

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

NAYS: None

2. Ordinance No. 14-14: 2014 Road Program Capital Improvements Ordinance

PULLED UNTIL MAY 22nd

3. Ordinance No. 15-14: 2014 Water/Sewer Capital Improvements

Manager Mountain explained that it is a cash Ordinance and includes funding for the purchase and installation of the pole barn at the DPW site, infiltration and inflow work on sanitary sewer throughout the system, the Route 10 sewer line improvement, pickup trucks for Water/Sewer department, hydrant replacement and installation, and water system improvement-pressure reduction valves and valve meters.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $450,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2014 WATER/SEWER CAPITAL IMPROVEMENTS” be introduced, read by title by the Township Clerk and passed on first reading.

Deputy Mayor Veech made a motion to introduce the Ordinance. Councilman Guadagno seconded the motion, and the following role call vote was taken:

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

NAYS: None

4. Ordinance No. 16-14: 2014 Recreation-Open Space General Capital Improvements

Manager Mountain explained that this Ordinance is funded through the Parks & Recreation Fund and the Open Space Trust Funds. He read through the Capital Improvements listed in the Ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $233,000 FROM THE RECREATION/OPEN SPACE TRUST FUND FOR VARIOUS 2014 PARKS AND RECREATION CAPITAL IMPROVEMENTS” be introduced, read by title by the Township Clerk and passed on first reading.

Councilman Guadagno stated that the workgroup didn’t recommend replacing the Brundage Park Playhouse trailer. The members of the workgroup recommended undertaking a study to determine whether it was possible to make it a more permanent structure and to possibly expand it. Councilman Forstenhausler stated that he thought the recommendation was to approve the replacement of the HVAC system for this season and to make sure it was sufficient enough to cover an addition that is being contemplated, but he didn’t think the $25,000 was being spent on the trailer. He thought the $25,000 was being put aside and possibly be added to next year. Councilwoman Carey added that the members had recommended waiting until after the Parks Master Plan was completed.

Manager Mountain explained that the language could be changed slightly if it would make the Council more comfortable; to say it is to go toward a study instead of a replacement. But the money would be in the Ordinance and it wouldn’t be set for purchase until the Council agreed to it.

The Council agreed that the wording should be changed from “BPP Theater trailer replacement” to “BPP Theater improvements.” Attorney Buzak explained that the Ordinance didn’t need to be amended since it hadn’t yet been introduced; the motion can be made to introduce the Ordinance as amended.

Councilman Guadagno made a motion to introduce the Ordinance as amended. Councilman Forstenhausler seconded the motion, and the following role call vote was taken:

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello (not present)
Deputy Mayor Veech
Mayor Loveys

NAYS: None

5. Ordinance No. 17-14: 2014 General Capital Improvements

Manager Mountain read through the list of items included in the Ordinance.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $266,500 FROM THE CAPITAL IMPROVEMENT FUND AND $52,500 FROM CAPITAL SURPLUS FOR VARIOUS 2014 CAPITAL IMPROVEMENTS ($319,000)” be introduced, read by title by the Township Clerk and passed on first reading.

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

AYES:
Councilwoman Carey
Councilman Forstenhausler
Councilman Guadagno
Councilman Hirniak
Councilman Napoliello (not present)
Deputy Mayor Veech
Mayor Loveys

NAYS: None

K. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road expressed that the roads in the winter that were maintained by Randolph were much better than the roads maintained by the state and county; she commended the staff.

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

L. COUNCIL COMMENTS

Councilman Guadagno reported that there are several upcoming meetings with the Rockaway Valley Regional Sewer Authority regarding Mine Hill’s request to connect to the authority. He reported that there is not enough capacity, and if Mine Hill does become a member, his concern is that Randolph will be in another sewer band. It would force Randolph to build package plants. Councilman Guadagno asked for feedback from the Council regarding his plan to suggest that all the towns in the RVRSA report the capacity that they will need and then anything over that capacity could go to Mine Hill.

The Council members felt Councilman Guadagno’s plan was acceptable to present to the RVRSA.

Councilman Hirniak reported that the upcoming bridge projects were discussed at the Board of Education meeting so that the projects wouldn’t interfere with the bussing. The Board of Ed will be passing their budget at the May 6th meeting; a 2% increase. The Board of Ed advised that their softball/baseball complex will be available only to school teams and Randolph Recreation teams; private teams will not have access at this time. They also advised that they are undergoing a demographics study, but an early prediction indicates that in the next five years the school enrollment may be down to 4,500; right now enrollment is about 5,000.

Councilwoman Carey reported that the Library Board has initiated a customer survey. The survey will only be distributed in the library; it can be completed anonymously and inserted into a locked box. The survey is general and asks the overall impression of the library as well as what can be done to improve library visits. It was suggested to include it on the township website as well as in the Randolph Quarterly in order to reach those residents that don’t use the library.

Mayor Loveys stated that the issue of residency for the Township Manager position was previously questioned by a resident and he turned to Township Attorney Buzak for comment.

Attorney Buzak stated that he did research and reported that the Faulkner Act statute that governs the Municipal Manager form of government does say that the Manager need not be a resident of the municipality or of the state at the time of his appointment. But that he should reside outside of the municipality only with the approval of the Council. Attorney Buzak explained that the Council had initially included the Randolph residency requirement; however, it was then decided that the residency requirement would be eliminated to expand the search.

Mayor Loveys reported that at a recent meeting on the Ironia bridge project, the County Engineer informed him that the Hanover Avenue realignment has been delayed. The right of way acquisitions are on schedule, but appeals are anticipated. The county has not yet received the funding from the DOT; it is anticipated that they will receive it in the fall. Manager Mountain suggested following up with the county for a meeting specific to the Hanover Avenue realignment project.

Mayor Loveys reported that he received a call from Senator Bucco’s office. The Senator was at the budget hearings in Trenton and spoke with Commissioner Simpson of the DOT regarding the access from CCM onto Route 10. Per Senator Bucco, the Commissioner reported that permits are moving along, and all should be worked out shortly. There is an upcoming meeting at Assemblyman Bucco’s office and it is hoped that more information will be gathered. Mayor Loveys will also ask at the meeting if there are plans to do more repairs to the access ramp from Route 10 onto Sussex Turnpike since it was in very poor shape after the winter. He will also ask about temporary access to Route 10 from Aspen Drive during paving of Middlebury Bouvelard.

Mayor Loveys reported that he and Manager Mountain attended a Kiwanis meeting. A check was issued to the township for approximately $11,000; approximately $9,000 was from Kiwanis and approximately $2,000 was raised by neighborhood groups. The Mayor explained that the township was funding the replacement of what had been at Kiwanis Park. However, since the residents wanted more than what had been there, the Kiwanis and neighborhood groups raised additional funds.

M. 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:

FOP Grievance—Postponed to June 12 meeting

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

4. At the conclusion of the Executive Session, the Council may reconvene in public session for the purpose of taking formal action.

N. ADJOURNMENT

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

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

NAYS: None