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

Minutes: May 22, 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
Deputy Mayor Veech
Mayor Loveys

ABSENT: Councilman Napoliello

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. APPOINTMENTS

1. Revaluation Work Group

Mayor Loveys explained that Morris County Board of Taxation has mandated a community-wide revaluation to be on the books in 2017. It was felt that a work group be established including township staff, Manager Mountain, and Council members. The goal is to retain a revaluation company by late 2014. The Mayor suggested Deputy Mayor Veech, Councilman Hirniak, and Councilman Guadagno be part of the work group.

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

Manager Mountain’s report included the following:

He spoke with the County Engineer, Chris Vitz, regarding the Sussex Turnpike improvements. Mr. Vitz advised that they are hoping to have the funding for the project by August and a contractor in place by September. Utility relocation and preliminary grading work associated with the project is expected between October and December, weather permitting.
He met with Darren Maloney and Barbara Gothie to determine a project time table and to develop a preliminary schedule of action items in order to have a kickoff meeting with the revaluation work group in the next couple of weeks. A public relations package is being developed to educate the public on what to expect. A basic RFP is also being developed that the work group will help to finalize. The goal is to have both completed by the end of the summer so the RFP can go out in September. It is anticipated that interviews with prospective firms and the final selection of the firm be completed before Thanksgiving. Barbara Gothie reported to the Manager that the digitization of the tax maps is on schedule.
He met with Darren Carney and Glen Pierson from PierCon regarding the proposed cell tower for the Municipal Complex. At the consultant’s recommendation, two follow up meetings will be conducted before the work group meets again to talk about the next steps. The meetings will involve the local experts on police and emergency services communication, and discussion about the existing tower and antennas in order to determine the township’s needs and properly develop any future specifications. There will also be meetings with carriers to assess and evaluate their needs. The meetings are intended for gathering information so the work group can review the details and present their findings to the full Council before any action is taken.
He met with Tom Spring, Mark Caputo, and Kathy Heath regarding curbside recycling. A plan is being finalized which will be brought back to the curbside recycling work group in June with the goal of having a bid go out for outsourcing of curbside recycling. The idea of the county being a prospective bidder has also been a part of the discussion.
COAH has proposed new regulations in accordance with the State Supreme Court Order. There has been some preliminary information distributed by the League of Municipalities. Attorney Buzak has been reviewing the information.

Attorney Buzak again explained the history of COAH including the recent developments noted below:

On April 30, 2014 COAH proposed new regulations. In general, they establish numbers for municipalities as opposed to giving the municipality the ability to determine its fate by a growth share methodology. However, the numbers they establish appear to be significantly lower for many municipalities than the projected growth share numbers would have been.
In the last iteration of the COAH regulations in 2008, Randolph had a rehabilitation obligation of 34 units; the new number reduces that to 25 units. The first and second round obligation, that had been satisfied, was determined in 2008 to be 261 units. Under the proposed regulations, of that 261, COAH has determined that Randolph has satisfied that number and there is a surplus; Randolph has more than satisfied the prior round obligations. There is a surplus of 41 units. The projected obligation is 153 units which would be adjusted for the surplus of 41 units. An analysis was also done of available, vacant land that a municipality had in order to satisfy its obligation. It is important for municipalities to get the formula which was used in order to better analyze the information. What COAH calls the “post projected need” was reduced to 60 units; therefore, between 2014 and 2024 Randolph has to provide a realistic obligation of 60 affordable units.
In the plan that Randolph filed with COAH under the first and second iterations of their regulations, the township was trying to hit 371.
The current plan will have to be tweaked, adjusted, and resubmitted to COAH. Based upon what has already been submitted, and what is going to be done, Randolph appears to be in good shape.
The new regulations do a number of things differently than prior regulations. The presumptive set aside has been changed from 20% to 10%. The various ways in which a municipality can satisfy its obligation have been reduced. The process has been simplified.
There are 40 units of affordable housing in Woodmont that have 20 year controls; those controls expire in July 2014. Later in the meeting, the Council will have the opportunity to adopt a resolution that would extend those controls for another 30 years. The theory is to take credit for those 40 units against the future obligation, which was in the plan that was submitted. That is still recommended, but it is now questionable if COAH is going to be recognizing that.
The overall number of units that need to be created under this proposal is about 25% of the affordable units that were intended to be created under the other iterations of the third round; they went from an estimate of 115,000 units that had to be created to about 32,000 units.

There was some discussion on how this will be viewed from both sides and whether this may continue in litigation; therefore, technically not be any closer to the proposed regulations from COAH being final.

There was more discussion on whether to extend the controls on the 40 units of affordable housing in Woodmont, and if so, for how long. Attorney Buzak stated that he felt that the Council needed to extend the controls because they may have been counted somewhere else in the formula and because there is no benefit to not extending them. Attorney Buzak felt that the suggestion of extending the controls for a shorter period of time might be worthwhile; however, he will look into if that would be beneficial and report back to the Council prior to the June 12th meeting. He will also research the possibility of extending the controls for a period longer than 30 years.

E. COMBINED ACTION RESOLUTIONS

Councilman Guadagno asked for clarification on the meaning of “authorizing an award and rejection” on a bid. Manager Mountain explained that there are situations where the low bidder, and in some cases the second lowest bidder, are being rejected and then the award is given to the lowest responsible bidder that is meeting the qualifications.

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

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

NAYS: None

ABSENT: Councilman Napoliello

1. Authorizing Award of MCCPC Contract #37 (Traffic Signal Maintenance and Repairs) to Jen Electric, Inc.

R-134-14

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

WHEREAS, Jen Electric, Inc. in Springfield, New Jersey, was the lowest responsive and responsible bidder for Contract #37 (Traffic Signal Maintenance & Repairs) 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 #37 (Traffic Signal Maintenance & Repairs) as noted above for the term July 1, 2014 - June 30, 2016.

2. Refund a Portion of Summer Day Camp Fee for Two Children to Armindo Rodrigues—$480.00

R-144-14

WHEREAS, Armindo Rodriguez registered his children for Randolph Township Summer Day Camp program and paid the fee of $580.00; and

WHEREAS, their children will not be attending Randolph Township Summer Day Camp program (Sessions 2 & 3) due to a conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $480.00 be refunded to Armindo Rodrigues, 6 Blue Fern Lane, Randolph, NJ 07869.

3. Appointing Stephen Mountain as the Randolph Fund Commissioner for the North Jersey Health Insurance Fund

R-145-14

WHEREAS, Township Manager John C. Lovell served as the Randolph Fund Commissioner for the North Jersey Health Insurance Fund (NJHIF); and

WHEREAS, John Lovell retired as of March 31, 2014 and Stephen Mountain has been retained as the Randolph Township Manager, as of April 14, 2014; and

WHEREAS, there is a need to designate Manager Stephen Mountain as the Randolph Fund Commissioner for the NJHIF; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph does hereby appoint Stephen Mountain to serve as the Randolph Fund Commissioner.

4. Authorizing Award and Rejection of Bids for MCCPC Contract 20B (Sporting Goods) to Various Bidders

R-146-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #20-B (Sporting Goods); and

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

WHEREAS, twelve bids were received for Contract #20-B (Sporting Goods); and

WHEREAS, the bid proposal submitted by Triple Crown Sports in Old Bridge, New Jersey, was non-responsive as the mandatory Acknowledgement of Revisions & Notices Form was not included with the bid package and must therefore be rejected; and

WHEREAS, the bid proposal submitted by GTM Sportswear in Manhattan, Kansas, was non-responsive as the mandatory Ownership Disclosure Statement and Disclosure of Investment Activities in Iran forms were not signed and must therefore be rejected; and

WHEREAS, the bid proposal submitted by Aluminum Athletic Equipment Company in Royersford, Pennsylvania, was non-responsive as the mandatory Bid Proposal Page was not signed and must therefore be rejected; and

WHEREAS, the bid proposal submitted by ASA Football in Northumberland, Pennsylvania, was non-responsive as none of the six mandatory forms were included with the bid package and must therefore be rejected; and

WHEREAS, the lowest responsive and responsible bidders for each line item contained in Contract #20-B (Sporting Goods) are reflected in the attached Notification of Award with the following exceptions:

Category III (Lacrosse Equipment):
Item #2—The low bidder (BSN) and the second low bidder (Winning Teams) bid items that were deemed to be non-compliant with the bid specifications; item awarded to third low bidder (LeeZar)

Category IV (Various Sports Clothing ) - A (Football Clothing):
Item #6a—The low bidder (LeeZar) offered a product that did not match the bid specification; item awarded to second low bidder (Metuchen Center)
Item #6b—The low bidder (LeeZar) offered a product that did not match the bid specification; item awarded to second low bidder (Metuchen Center)

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 #20-B (Sporting Goods) as noted on the Notification of Award for the term July 1, 2014 - June 30, 2015.

BE IT FURTHER RESOLVED that the Randolph Township Council authorizes the rejection of the bid proposals submitted by Triple Crown Sports, GTM Sportswear, Aluminum Athletic Equipment, and ASA Football for the reasons stated above.

5. Authorizing Award of Bid for MCCPC Contract #25 (Janitorial Supplies) to Various Bidders

R-147-14

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

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

WHEREAS, ten (10) bids were received for Contract #25 (Janitorial Supplies); and

WHEREAS, the bid proposals submitted by Allen Paper and Supply Company in Morristown, New Jersey, and W. B. Mason Company in Secaucus, New Jersey, were non-responsive in that the Disclosure of Investment Activities in Iran form, which is mandatory for this contract, were not properly completed and both bids must therefore be rejected; and

WHEREAS, the bid proposal submitted by United Sales USA in Brooklyn, New York, was non-responsive in that the Acknowledgement of Revisions and Notices, which is mandatory for this contract, was not filled out and the bid must therefore be rejected; and

WHEREAS, the lowest responsive and responsible bidders for each line item contained in Contract #25 (Janitorial Supplies) are reflected in the attached Notification 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 #25 (Janitorial Supplies) as noted on the Notification of Award for the term July 1, 2014 - June 30, 2015.

BE IT FURTHER RESOLVED that the Randolph Township Council authorizes the rejection of the bids submitted by Allen Paper & Supply Company in Morristown, New Jersey, W.B. Mason Company in Secaucus, New Jersey, and United Sales USA Corporation in Brooklyn, New York.

6. Authorizing Award and Rejection of Bids for MCCPC Contract #35 (Light Bulbs) to Various Bidders

R-148-14

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

WHEREAS, eight bids were received for Contract #35 (Light Bulbs); and

WHEREAS, the bid proposals submitted by Chester Lighting in Chester, New Jersey, and by Turtle & Hughes, Inc. in Whippany, New Jersey, were non-responsive in that the mandatory Ownership Disclosure Statement was not signed and must therefore be rejected; and

WHEREAS, the bid proposal submitted by Regency Lighting in Chatsworth, California, was non-responsive in that the mandatory Ownership Disclosure Statement was not provided and an addendum that was issued for this contract was not noted on the mandatory Acknowledgement of Revisions and Notices and must therefore be rejected; and

WHEREAS, the contract is awarded on a “per line item” basis and the lowest responsive and responsible bidders for the various items are reflected in the attached Notification of Award for a one-year period with the following exceptions:

Item #3—Item awarded to third lowest bidder (Monarch) as the low bidder (Sunshine) and second low bidder (Warshauer) offered a product that was non-compliant with the bid specifications
Item #4—Item awarded to second low bidder (Sunshine) as the low bidder (Znak) offered a product that was non-compliant with the bid specifications
Item #5—Item awarded to second low bidder (Sunshine) as the low bidder (Znak) offered a product that was non-compliant with the bid specifications
Item #20—Item awarded to second low bidder (Monarch) as the low bidder (Znak) offered a product that was non-compliant with the bid specifications
Item #30—Item awarded to second low bidder (Monarch) as the low bidder (Sunshine) offered a product that was non-compliant with the bid specifications
Item #40—Item awarded to second low bidder (Monarch) as the low bidder (Sunshine) offered a product that was non-compliant with the bid specifications
Item #48—Item awarded to second low bidder (Monarch) as the low bidder (Sunshine) offered a product that was non-compliant with the bid specifications
Item #51—Item awarded to second low bidder (Monarch) as the low bidder (Sunshine) offered a product that was non-compliant with the bid specifications

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 #35 (Light Bulbs) as noted on the Notification of Award for the term July 1, 2014 - June 30, 2015.

BE IT FURTHER RESOLVED that the Randolph Township Council authorizes the rejection of the bid proposals submitted by Chester Lighting, Turtle & Hughes, and Regency Lighting as stated above.

7. Authorizing Award of MCCPC Contract #42 (Landscaping Materials & Supplies) to Various Contractors

R-149-14

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #42 (Landscaping Materials & Supplies); and

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

WHEREAS, nine bids were received for Contract #42 (Landscaping Materials & Supplies); and

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 #42 (Landscaping Materials & Supplies) as noted on the Notification of Award for the term July 1, 2014 - June 30, 2015.

8. Authorizing Contracts with an Additional Vendor (Wolfington Body Co.) under the Somerset County Cooperative Pricing Council

R-150-14

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 April 24, 2014 via R 115-14 authorized contracts with certain approved SOCCP Contract vendors; and

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

WHEREAS, the additional SOCCP 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 SOCCP Contract Vendors on the attached list, pursuant to all conditions of the individual co-op contracts; and

BE IT FURTHER RESOLVED that the governing body of the Township 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 SOCCP Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

9. Authorizing Contracts with Additional Certain Approved State Contract Vendors for Contracting Units

R-151-14

WHEREAS, the Township of Randolph on February 6, 2014 (R 70-14) and on February 20, 2014 (R 85-14) authorized contracts with certain approved State Contract Vendors pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c); and

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

WHEREAS, the additional State Contract Vendors have been added to the attached list.

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

BE IT FURTHER RESOLVED that the duration of the contracts between the Township of Randolph and the Referenced State Contract Vendors shall be until December 31, 2014 or upon expiration of the vendor’s contract whichever is first.

10. Authorizing Award of Professional Services Agreement to Ferriero Engineering for Retaining Walls—Not to Exceed $8,500

R-152-14

WHEREAS, the Township of Randolph (“Township”) requires preliminary engineering work for the rehabilitation of deteriorated timber retaining walls on Fords Road, Heistein Park and Everdale Road for a period not to exceed one year (May 27, 2014 - May 26, 2015); and

WHEREAS, the Township has agreed to retain Ferriero Engineering located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary preliminary engineering work for the rehabilitation of deteriorated timber retaining walls on Fords Road, Heistein Park and Everdale Road for a total amount not to exceed $8,500 per their proposal; and

WHEREAS, the fees are as noted in the attached proposal; and

WHEREAS, the anticipated term of this contract is for the period of May 27, 2014 - May 26, 2015; and

WHEREAS, the contract with Ferriero Engineering is for a total amount not to exceed $8,500, was not solicited through receipt of sealed bids or competitive contracting, and since the aggregate dollar amount of all contracts awarded this year to Ferriero Engineering exceed $17,500 the requirements of the Anti Pay-to-Play Legislation apply; and

WHEREAS, Ferriero Engineering has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Ferriero Engineering 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; 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 effective May 27, 2014 Ferriero Engineering having an office at PO Box 571, 180 Main St, Chester, NJ 07930 to provide preliminary engineering work for the rehabilitation of deteriorated timber retaining walls on Fords Road, Heistein Park and Everdale Road for a period not to exceed one year (May 27, 2014 - May 26, 2015).
Ferriero Engineering shall be compensated for a total contract amount not to exceed $8,500.
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.
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 with a contract start date of May 27, 2014.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 22, 2014

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 of the Township of Randolph, has ascertained that funds will be available in the 2014 Budget, Engineering O & E and Streets and Roads O & E, to award a contract to Ferriero Engineering for preliminary engineering work for the rehabilitation of retaining walls on Ford’s Road, Heistein Park and Everdale Road, per its proposal. Total not to exceed $8,500.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 01-201-20-165-070 (Engineering—not to exceed $2,000)
01-201-26-290-304 (Streets and Roads O&E—not to exceed $6,500)

11. Authorizing Award of Professional Services Agreement to Ferriero Engineering for Mac Spar Drive Sanitary Sewer Service Project—Not to Exceed $31,200

R-153-14

WHEREAS, the Township of Randolph (“Township”) requires Mac Spar Drive sanitary sewer service project design services until this project is 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 Ferriero Engineering located at PO Box 571, 180 Main St, Chester, NJ 07930 to provide the necessary Mac Spar Drive sanitary sewer service project design services for a total amount not to exceed $31,200 per their proposal; and

WHEREAS, the fees are as noted in the attached proposal; and

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

WHEREAS, the contract with Ferriero Engineering is for a total amount not to exceed $31,200 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, Ferriero Engineering has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Ferriero Engineering 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; 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 effective May 27, 2014 Ferriero Engineering having an office at PO Box 571, 180 Main St, Chester, NJ 07930 to provide Mac Spar Drive sanitary sewer service project design services until the project is fully completed.
Ferriero Engineering shall be compensated for a total contract amount not to exceed $31,200.
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.
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 with a contract start date of May 27, 2014.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: May 22, 2014

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 of the Township of Randolph, has ascertained that funds will be available in the Sewer Capital Fund, Ordinance (4-10) Mac Spar account, to award a contract to Ferriero Engineering for sanitary sewer project design services, per its proposal.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Account: 08-215-55-902-300 (not to exceed $31,200)

12. Authorizing Contracts with Additional Vendors under MCCPC

R-154-14

WHEREAS, the Township of Randolph on February 6, 2014 via R 71-14 authorized contracts with certain approved MCCPC Contract vendors; and

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

WHEREAS, the additional MCCPC Contract Vendors have 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, 2014 or upon expiration of the vendor’s contract whichever is first.

13. Refunding Registration for Brundage Park Summer Stages to Mandy Ornstein—$313.00

R-155-14

WHEREAS, Mandy Ornstein registered her daughter for Brundage Park Summer Stages and paid the fee of $338.00; and

WHEREAS, her daughter will not be attending Brundage Park Summer Stages due to a conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $313.00 be refunded to Mandy Ornstein, 7 Poplar Court, Randolph, NJ 07869.

14. Refunding Registration for Brundage Park Summer Stages to Wendi Manderioli—$350.00

R-156-14

WHEREAS, Wendi Manderioli registered her daughter for Brundage Park Summer Stages and paid the fee of $375.00; and

WHEREAS, her daughter will not be attending Brundage Park Summer Stages due to a conflict.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $350.00 be refunded to Wendi Manderioli, 9 Drum Hill Lane.

15. Raffle License, Off-Premise 50/50, Randolph Township Women’s Club, on October 11, 2014 at the Randolph Country Fair, 502 Millbrook Avenue, Randolph at 3 p.m.

F. UPCOMING EVENTS

Memorial Day Ceremony—May 26th at 11 a.m. - VFW on Carrell Road
Beefsteak Dinner—May 31st at 6 p.m. - Company #2, Millbrook Firehouse, Route 10
Hammer for Habitat—June 7th from 9 a.m. to 2 p.m., ReStore
Relay for Life—May 31st at 4 p.m. - Smith Field, Parsippany
Randolph Rocks 5K—June 14th

G. ORDINANCES: SECOND READING/PUBLIC HEARING

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

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 read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “BOND ORDINANCE PROVIDING FOR 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 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 Forstenhausler 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
Deputy Mayor Veech
Mayor Loveys

NAYS: None

ABSENT: Councilman Napoliello

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

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 read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $450,000 FROM THE CAPITAL IMPROVEMENT FUND FOR 2014 WATER/SEWER CAPITAL IMPROVEMENTS” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Councilman 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
Deputy Mayor Veech
Mayor Loveys

NAYS: None

ABSENT: Councilman Napoliello

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

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 read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

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 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 Hirniak stated that this facilitates the Council’s commitment to fund the Kiwanis Park rehabilitation in the amount of $25,000 which was discussed during budget meetings.

Councilman Hirniak 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
Deputy Mayor Veech
Mayor Loveys

NAYS: None

ABSENT: Councilman Napoliello

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

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 read by title on second reading and a hearing held thereon.

OPEN TO THE PUBLIC

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

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 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. Deputy Mayor Veech seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

H. ORDINANCES: INTRODUCTIONS

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

Manager Mountain explained that he spoke with Council members regarding particular roads. Tom Spring looked at one or two where there were questions, and those questions were addressed. The Manager reported that the potential for a turn lane from Canfield Avenue onto Sussex Turnpike was looked into. However, given the location and its proximity to restricted farmland on one side and limited access on the other, it was felt that it would take time and it wasn’t worth holding up the road overlay program. The Manager spoke with Councilman Hirniak, TAC liaison, and there hasn’t been any feedback from the committee regarding the road overlay program. Therefore, the recommendation is to move forward with the road overlay program as originally outlined.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $825,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE 2014 ROAD OVERLAY PROGRAM” 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 12th of June 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 Hirniak asked for Tom Spring to provide information on the timing of the program. Tom Spring reported that after the 2nd reading of the Ordinance there are 20 days, which then brings the program into July. He felt that it would begin at the end of July and go through all of August, with the anticipation of being completed before school opens.

Mayor Loveys commented on the paving scheduled for Middlebury Boulevard and the proposed entrance/exit from the complex onto Route 10 instead of onto Canfield Avenue. He asked Tom Spring for clarification on the paving of Middlebury Boulevard and how traffic entering and exiting the complex would be handled. Tom Spring explained that the curing process is the problem; during the reclaiming process the road can be driven on. However, it takes at least two days for the curing process in order to maintain the structural integrity. Due to their weight, no trucks can be on it, but cars can drive on the road during the curing process. Therefore trucks would enter and exit via Route 10.

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
Deputy Mayor Veech
Mayor Loveys

NAYS: None

ABSENT: Councilman Napoliello

2. Ordinance No. 18-14: Capital Improvements—Millbrook Avenue Milling and Paving—Department of Transportation Funded Project

Manager Mountain explained that the state provided a $165,000 grant for Millbrook Avenue repaving which is less than what was requested. Because of the Franklin Road project ending up with a surplus, and a balance from the Quaker Church project, the township can make up the difference. After speaking with Tom Spring and the Engineering staff, it was the Manager’s feeling that the township should take advantage of the grant and the project should move forward this year.

BE IT RESOLVED that an Ordinance entitled “ORDINANCE REAPPROPRIATING $104,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR MILLING AND PAVING IMPROVEMENTS ALONG MILLROOK AVENUE, APPROPRIATING A GRANT IN THE AMOUNT OF $165,000 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND APPROPRIATING $20,000 AVAILABBLE IN THE CAPITAL IMPROVEMENT FUND IN AND BY THE TOWNSHIP OF RANDOLPH, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

ABSENT: Councilman Napoliello

3. Ordinance No. 19-14: Capital Ordinance—Quaker Church Road—Department of Transportation Funded Project

Manager Mountain explained that this is also a state aid project. The Ordinance applies the monies coming through the state with prior money set aside by the township. The timing on road overlay projects will be slightly different than those that are under the township’s control because this Ordinance and Ordinance 18-14 both require an upgrade on the handicap accessible curb cuts and that has to be bid out as a separate package through the MCCPC. The timing on these two projects is more likely to be after school starts. The Manager and Tom Spring will be communicating with the schools regarding these projects.

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE OF THE TOWNSHIP OF RANDOLPH APPROPRIATING $170,000 FOR MILLING AND RESURFACING QUAKER CHURCH ROAD, THEREFORE, INCLUDING $170,000 IN FUNDING FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION” be introduced, read by title by the Township Clerk and passed on first reading.

There was some Council discussion on the section of Quaker Church Road that was to be paved. Manager Mountain clarified that it was from Millbrook Avenue to South Morris Street.

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

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

NAYS: None

ABSENT: Councilman Napoliello

I. DISCUSSION ITEMS

1. Parks Facility Master Plan

Manager Mountain reported that he distributed a memorandum that Russ Newman had prepared with input from the Parks Advisory Committee regarding the Parks Master Plan. The Parks Advisory Committee identified objectives for the plan, one being establishing priorities for both the developed and undeveloped park facilities. The Manager also reported that he spoke with Chief Stokoe regarding access ways out of some of the existing parks and whether there should be recommendations for improvements on some of them. Manager Mountain felt the passive recreational opportunities within the parks should also be addressed in order to create a balance in the plan. One of the first objectives of the steering committee will be to create an RFQ to select a professional to drive the process. The Manager stated that it is an opportunity for the Council to get back to him with anything that needed to be added to the objectives. He also thought it appropriate to discuss liaisons for this project in order to get back to Russ to inform him of who would be participating.

Councilman Hirniak asked why the anticipated timeframe was approximately a year. Manager Mountain stated that once the consultant is selected, the process would probably take about 8-12 months since time is also built in for scheduling meetings for public input.

Councilwoman Carey questioned the project goals beyond the first, “identify our community’s priorities,” since the others assume that more facilities are needed. She proposed that one goal be to assess the current facilities to determine if they are adequate. There was some discussion on the project goals and the Council felt that assessing the current facilities should be included in the goals.

Mayor Loveys felt it important that the consultant compare the facilities in Randolph to those in similar towns.

Deputy Mayor Veech volunteered to be one of the Council liaisons to the project since she is the liaison to the Parks Advisory Committee. She also recommended Councilman Hirniak be one of the Council liaisons since he was involved in the vision for the 90 acres and open space. Mayor Loveys agreed with Deputy Mayor Veech’s recommendations, and asked Councilwoman Carey to also be a liaison.

2. Woodmont—Extending Affordable Housing Restrictions

This discussion took place during the Manager’s Report.

J. OPEN TO THE PUBLIC

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

K. COUNCIL COMMENTS

Councilman Hirniak reported that he accepted the email invitation to tour the nuclear power plant in Salem the following week. He was also going to participate in a webinar on June 4th on COAH.

Councilman Guadagno reported that he attended a meeting with the DEP which had to do with Mine Hill. A question arose that if people are not in the sewer service area, will the DEP put them in the service area to solve a problem. The DEP said there were never restrictions on the service area if it was connecting area and the area was already pre-built and there is a problem. Councilman Guadagno was concerned that the library, Community Center, and the age restricted housing are all close to the area of where the new sewer lines will be. Since this is housing that is already established, the Councilman asked the DEP if it would look favorably upon it. He reported that the answer was that if the township’s facility has the capacity to handle it, the DEP would look favorably upon it. Councilman Guadagno felt that the township should act on that since that is a trouble spot in town. There are also other parts of Randolph that fit the criteria. Manager Mountain said he would follow up with the DEP.

Councilman Guadagno asked to have PSE&G representatives come in to verify if they were going to service Old Coach Road. Manager Mountain said that they would discuss it the following week.

Councilman Guadagno also reported that the Landmarks Committee initiative with the Middle School is moving along. The school and the children are very excited to participate.

L. EXECUTIVE SESSION

There was no Executive Session

M. ADJOURNMENT

Deputy Mayor Veech made a motion to adjourn the meeting at 8:55 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello