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

Minutes: November 17, 2016

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 Hirniak. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 4, 2015 by e-mailing them the annual resolution adopted by the Council on December 3, 2015. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph, and the Daily Record on December 10, 2015.

2. Roll Call

PRESENT:
Councilman Forstenhausler (arrived at 7:30 p.m.)
Councilman Guadagno
Councilman Loveys
Councilwoman Veech
Deputy Mayor Carey
Mayor Hirniak

ABSENT: Councilman Napoliello

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

3. Pledge of Allegiance

Mayor Hirniak led the Pledge of Allegiance.

B. PRESENTATIONS/PROCLAMATIONS

1. Police Recognition Ceremony

Manager Mountain welcomed the officers and staff from the Police Department, as well as the families in attendance.

Chief David Stokoe welcomed everyone. He also thanked the awards committee for their time and effort; the committee consisted of Detective Lieutenant Giuliani, Lieutenant Gomez, Detective Sergeant Donovan, Sergeant Mygas, Detective Edelman, and FOP President Richard Biase. The Chief explained the process for the recognition award. The Chief also thanked Gale Klatte for her work preparing for the ceremony.

Life Saving Award is awarded for an act performed in the line of duty, which through disregard for personal safety, or prompt and alert action results in the saving of a life.

First incident: Occurred on November 5, 2015. Officers Corey Czerniak and Matthew O’Hern responded to the report of an attempted suicide. Upon arrival, they found the victim unconscious in the bathroom and observed numerous cuts and stab wounds. Both officers provided care to the victim, applying pressure to the most significant wounds, and they were able to control the bleeding. The victim was transported to the hospital, where he survived, after undergoing surgery to treat the wounds. The Chief explained that the quick response, and immediate life saving actions saved the victim’s life.

Chief Stokoe presented Officer Corey Czerniak and Officer Matthew O’Hern each with the Life Saving Award. The Chief noted that this was Officer Czerniak’s fourth Life Saving Award, and that Officer O’Hern was unable to attend due to his participation in a drill exercise at Fort Dix.

Second incident: Occurred on December 7, 2015. Officers responded to the report of a 24 year old male who appeared to have overdosed on heroin. Upon arrival, Officer Jeremiah Crowley noticed that the victim was unresponsive, and had labored breathing. At that time, he placed an oxygen mask on the victim, and prepared a Narcan nasal spray. Officer Crowley applied the Narcan, the victim ultimately regained full consciousness, was transported to the hospital, and survived. The Chief explained that Officer Crowley’s quick response, and immediate life saving actions saved the victim’s life.

Chief Stokoe presented Officer Jeremiah Crowley with the Life Saving Award.

Third incident: Occurred on March 13, 2016. Officers responded to a residence where a 51 year old male was reported to be unconscious. Upon arrival, Sergeant Matthew Rispoli and Sergeant Dan Novoa confirmed that the victim was unconscious and barely breathing. The officers noticed that the male was exhibiting signs of a heroin overdose. Initially officers attempted to administer Narcan; however, there was a malfunction of the first kit. Sergeant Rispoli was able to work through the difficulty, and was able to administer half the dose of Narcan while Sergeant Novoa prepared a second kit and was able to administer a full dose of Narcan. The victim regained consciousness, and was transported to the hospital. Chief Stokoe stated that the quick response and the immediate life saving actions of Sergeants Rispoli and Novoa saved the victim’s life.

Chief Stokoe presented Sergeant Rispoli and Sergeant Novoa each with the Life Saving Award. The Chief noted that this was the second Life Saving Award for Sergeant Rispoli, and the first for Sergeant Novoa.

Chief Stokoe thanked everyone for attending. He also thanked everyone who has served our Country in a military capacity, and for preserving our way of life. He wished everyone a healthy, happy holiday season.

Mayor Hirniak commended the officers on behalf of the Council and the residents. He noted that people do not think about the police officers being out in the township saving lives; they do it quietly, and they do it humbly. They do it because they recognize that it is part of their job. By saving lives, they put their own lives at risk. The Mayor commended and congratulated the award recipients. Mayor Hirniak invited anyone from the public to speak.

Judith Stewart of 114 Everdale Road explained that her husband had a life threatening event in the summer. She explained that when a former Manager and a former Police Chief discovered that some of the police officers had taken EMT training on their own, they instituted a system where there are first responders within the Police Department. Mrs. Stewart thanked the members of the Rescue Squad for their response and transportation to the hospital.

The ceremony continued with a reception in the foyer.

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

Manager Mountain reported the following:

The Morris County Freeholders voted to approve the recommendation for full funding of Randolph’s open space application for the Mount Freedom Golf property. The funding will allow the township to proceed with final negotiations with the property owner. The acquisition project will secure an easement on the majority of the property limiting the use to outdoor recreation along with the fee simple acquisition of a portion of the property adjacent to existing township parkland.
Boiler Replacement—the replacement of the boilers at the community center and the library has been completed; all of the boilers in key buildings have now been upgraded. He commended Donna Luciani for her efforts in having this project completed since it required some creativity in order to complete it on time and within budget.
The township’s part-time Plumbing Inspector, Bob Provencher, has retired. A new part-time Inspector, Chris Gibbons, has been appointed, and will begin next week. He is very well regarded and will be an excellent fit in the Construction Office.
The two new police officers recently hired, Jamie Anderson and Stephen Szilagyi, were sworn in by Donna Luciani. They will begin in the department in early December when they finish the Academy. These officers fill the positions vacated as a result of the promotion of the individual who filled Sergeant LeMarble’s position, and the departure of Officer Gallina. A swearing in ceremony with the officers’ families present will be scheduled for an upcoming Council meeting.
The paving has been completed on Sussex Turnpike for the section of roadway where the township replaced the water line. He commended Ralph Carchia and his staff for getting this work done so efficiently.

E. APPROVAL OF MEETING MINUTES

1. Approving Executive Meeting Minutes from March 10, 2016, March 31, 2016, April 21, 2016, May 5, 2016, July 28, 2016, September 15, 2016, and October 6, 2016

Councilman Guadagno made a motion to approve the Executive Meeting minutes. Councilman Loveys seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Forstenhausler
Councilman Guadagno
Councilman Loveys
Councilwoman Veech
Deputy Mayor Carey (abstain from March 31, 2016)
Mayor Hirniak

NAYS: None

ABSENT: Councilman Napoliello

F. COMBINED ACTION RESOLUTIONS

Item #8, Cooperative Pricing Agreement with Bergen County—Councilman Guadagno asked if it was a cooperative like the MCCPC. Manager Mountain explained that it is similar, and that there is an item on it that the Public Works Department could not find in any of the other co-ops with which the township is involved. Councilman Guadagno asked if anyone in the MCCPC could now join the Bergen County Co-Op. The Manager explained that individual towns would have to make a decision; this resolution is just for Randolph.

Item #22-25, Rescission of portions of MCCPC contract—Councilman Loveys asked for an overview. Manager Mountain explained that at the last meeting there were some questions raised by one of the vendors associated with the vehicle contracts. At that time, the Council decided to hold off action on those resolutions, which was recommending rescission of award and re-award to an alternate vendor. As recommended, the township subsequently reached out to all the vendors with the recommendation that the contracts be rescinded, and the specifications be revised to clarify the issue with the warranty. There was some question from the vendor who initiated the original complaint, but the township satisfied them with the response that it was felt to be more fair to rebid everything except the leasing, which is not affected by the warranty issue.

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

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

NAYS: None

ABSENT: Councilman Napoliello

1. Awarding a Contract for the VFW ADA Lift Project to JZA Enterprises, LLC of Aberdeen, NJ—$89,000.00

R-294-16

WHEREAS, the Township of Randolph advertised for the VFW ADA Lift Project in accordance with Local Public Contracts Law and received bids on October 26, 2016; and

WHEREAS, 5 bids were received; and

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

Wallkill Group, Inc., Vernon, NJ—Base Bid: $148,000;
William Kohl Construction, Lincroft, NJ—Base Bid: $193,000;
V&K Construction, Inc., Edison, NJ—Base Bid: $193,000;
JZA Enterprises LLC, Aberdeen, NJ—Base Bid: $89,000;
Howard C. Storer, LLC, Boonton, NJ—Base Bid: $140,000; and

WHEREAS, the Engineer and the Purchasing Agent recommend the award of the contract to JZA Enterprises LLC as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the VFW ADA Lift Project to JZA Enterprises LLC of Aberdeen, NJ in the amount of $89,000; and

WHEREAS, the Finance Officer has certified to the availability of funds for this project.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that a contract be awarded to JZA Enterprises LLC of Aberdeen, NJ for the VFW ADA Lift Project project for the price of $89,000 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 17, 2016

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the General Capital Fund, Ordinance number 22-16, VFW Wheelchair Lift and Ordinance 12-16, Improvements to Municipal Property, to award a contract to JZA Enterprises LLC for the VFW ADA lift project, per its response to a solicitation for bids by the Township.

Darren Maloney
Chief Financial Officer
Budget Accounts: 04-215-55-978-300 (not to exceed $80,000)
04-215-55-974-304 (not to exceed $9,000)

2. Refund Overpayment of 2016 Taxes on Block 146, Lot 72.05—3 Skyline Drive to Simon Cooper/Clare Reid—$7,077.41

R-315-16

WHEREAS, Simon Cooper/Clare Reid has overpaid 2016 taxes in the amount of $7,077.41 on Block 146, Lot 72.05, 3 Skyline Drive; and

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 $7,077.41 to Simon Cooper/Clare Reid.

3. Refund of Overpayment of 2016 Taxes on Block 78, Lot 21 at 14 E. Elizabeth Drive to Sergio Gatoulis—$1,939.05

R-316-16

WHEREAS, Sergio Gatoulis has overpaid 2016 taxes in the amount of $1,939.05 on Block 78, Lot 21, 14 E. Elizabeth Dr.; and

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 $1,939.05 to Sergio Gatoulis.

4. Refund Road Opening Cash Bond for the Purpose of Expanding the Driveway at 19 Sandra Lane, Block 140, Lot 12 to Michael Megaro

R-317-16

WHEREAS, the Engineering Department has received a request from Michael Megaro for the release of a $500.00 cash road opening bond posted for the purpose of expanding the driveway at 19 Sandra Lane, Randolph NJ 07869, BL 140 / L 12; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on March 12, 2012; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the expansion of the driveway at 19 Sandra Lane, Randolph, 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 Michael Megaro at 19 Sandra Lane, Randolph NJ 07869.

5. Cancelling Certain Accounts Payable on the Books of the Township’s General Fund from 2014 for Apruzzese, McDermott, Mastro and Murphy—$3,474.12 and Trumboli and Prusinowski—$3,400.00—Total—$6,874.12

R-318-16

WHEREAS, there exists certain accounts payable on the books of the Township’s General Fund; and

WHEREAS, the contracts creating these accounts payable have been finalized and should be canceled.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director is instructed to cancel the following accounts payable in the amount of $6,874.12

VENDOR	AMOUNT
Apruzzese, McDermott, Mastro and Murphy—2014	$3,474.12
Trumboli and Prusinowski—2014	$3,400.00

6. Cancelling Certain Grants from 2015: Drive Sober Year End—$50.00, Municipal Alliance Program—$3,034.53 and Municipal Alliance Program—Supplemental—$2,000.00

R-319-16

WHEREAS, certain receivable and reserve balances exist in the Township’s Grant Fund for the following State Grants:

GRANT	RECEIVABLE BALANCE	RESERVE BALANCE
2015 Drive Sober Grant—Year End	$50.00	$50.00
2015 Municipal Alliance Program	$3,034.53	$3,034.53
2015 Municipal Alliance Program—Supplemental	$2,000.00	$2,000.00

WHEREAS, it is recommended by the Finance Director that the above grant receivable and reserve balances be cancelled.

NOW, THEREFORE BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director be directed to cancel the above mentioned receivable and reserve balances.

7. Road Opening Cash Bond for the Purpose of Replacing the Concrete Driveway Apron on Block 115, Lot 83.03, 71 Lawrence Rd. to Jon Huston—$500.00

R-320-16

WHEREAS, the Engineering Department has received a request from Jon Huston for the release of a $500.00 cash road opening bond posted for the purpose of replacing the concrete driveway apron at Block 115, Lot 83.03, 71 Lawrence Road, Randolph NJ 07869; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on 10/12/16; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the replacing of the concrete driveway apron at 71 Lawrence Road, 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 Jon Huston at Block 115, Lot 83.03, 71 Lawrence Road, Randolph NJ 07869.

8. Authorizing the Township of Randolph to Enter into a Cooperative Pricing Agreement with the County of Bergen

R-321-16

WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and

WHEREAS, the County of Bergen, hereinafter referred to as the “Lead Agency” has offered voluntary participation in #CK04-BERGEN a Cooperative Pricing System for the purchase of goods and services;

WHEREAS, on November 17, 2016 the governing body of the Township of Randolph, County of Morris, State of New Jersey duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services;

NOW, THEREFORE BE IT RESOLVED as follows:

TITLE: This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Township of Randolph.

AUTHORITY: Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.

CONTRACTING UNIT: The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.

EFFECTIVE DATE: This resolution shall take effect immediately upon passage.

9. Authorizing Award of MCCPC Contract #14—Catch Basins and Manhole Castings with General Foundries, Inc. for Categories A and B and Campbell Foundry for Categories C and D

R-322-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #14 (Catch Basins & Manhole Castings); and

WHEREAS, bids had been advertised and received on October 5, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #14 (Catch Basins & Manhole Castings); and

WHEREAS, General Foundries, Inc. in North Brunswick, New Jersey, was the lowest responsive and responsible bidder for Categories A and B for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, Campbell Foundry in Harrison, New Jersey, was the lowest responsive and responsible bidder for Categories C and D for the items and prices reflected in the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph, County of Morris, State of New Jersey, hereby authorizes the award of Contract #14 (Catch Basins & Manhole Castings) as noted above for the term of January 1, 2017 - December 31, 2017.

10. Authorizing Award and Rejection of MCCPC Contract #17 for Water Treatment Chemicals to Various Entities

R-323-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #17 (Water Treatment Chemicals); and

WHEREAS, bids had been advertised and received on October 5, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, twelve (12) bids were received for Contract #17 (Water Treatment Chemicals); and

WHEREAS, the bid submitted by Coyne Chemical in Croydon, Pennsylvania, was non-responsive as they did not properly complete the mandatory Acknowledgement of Revisions and Notices form, which is a non-curable, non-waivable defect and their bid must be rejected; and

WHEREAS, the bid submitted by Polydyne, Inc. in Riceboro, Georgia, was non-responsive as they did not properly complete the mandatory Acknowledgement of Revisions and Notices form, which is a non-curable, non-waivable defect and their bid must be rejected; and

WHEREAS, the lowest responsive and responsible bidders for each line item contained in Contract #17 (Water Treatment Chemicals) are reflected in the attached Notification of Award for a one-year term with the following exception:

Item #5: The apparent low bid from Seidler Chemical offered a container size that did not meet the requirements of the bid specification; item awarded to 2nd low bidder (Main Pool and Chemical)

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of the bids submitted by Coyne Chemical and by Polydyne as noted above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #17 (Water Treatment Chemicals) as noted above for the term of January 1, 2017 - December 31, 2017.

11. Authorizing Award of MCCPC Contract #24—Bagged Cement and Poured Concrete to R.P. Smith and Son for Category A and County Concrete Corp. for Categories B and C

R-324-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #24 (Bagged Cement & Poured Concrete); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #24 (Bagged Cement & Poured Concrete); and

WHEREAS, R.P. Smith & Son in Succasunna, New Jersey, was the lowest responsive and responsible bidder for Category A for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, County Concrete Corporation in Kenvil, New Jersey, was the lowest responsive and responsible bidder for Categories B and C for the items and prices 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 #24 (Bagged Cement & Poured Concrete) as noted above for the term of January 1, 2017 - December 31, 2017.

12. Authorizing Award of MCCPC Contract #27—Traffic Paint to Ricciardi Brothers, Inc.

R-325-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #27 (Traffic Paint); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received for Contract #27 (Traffic Paint); and

WHEREAS, Ricciardi Brothers, Inc. in Maplewood, New Jersey, was the lowest responsive and responsible bidder for the items and prices 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 #27 (Traffic Paint) as noted above for the term of January 1, 2017 - December 31, 2017.

13. Authorizing Award of MCCPC Contract #28—Traffic Sign Material to Garden State Highway Products

R-326-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #28 (Traffic Sign Materials); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received for Contract #28 (Traffic Sign Materials); and

WHEREAS, Garden State Highway Products in Vineland, New Jersey, was the lowest responsive and responsible bidder for all categories for the items and prices 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 #28 (Traffic Sign Materials) as noted above for the term of January 1, 2017 - December 31, 2017.

14. Authorizing Award and Rejection of MCCPC Contract #31—Calcium Chloride Bags to Various Bidders

R-327-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #31 (Calcium Chloride Bags); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received for Contract #31 (Calcium Chloride Bags); and

WHEREAS, W. B. Mason in Secaucus, New Jersey, was the apparent low bidder for Categories A and B, however their bid was non-responsive in that they required a minimum purchase which is not allowed under the bid specifications and their bid must therefore be rejected; and

WHEREAS, Dart Seasonal Products in Cedarhurst, New York, was the lowest responsive and responsible bidder for the items and prices 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 rejects the bid submitted by W.B. Mason as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #31 (Calcium Chloride Bags) to Dart Seasonal Products as noted above for the term of January 1, 2017 - December 31, 2017.

15. Authorizing Award to Whibco of NJ and Rejection of Bid from Tri-State Materials for MCCPC Contract #33—Clay for Athletic Fields

R-328-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #33 (Clay for Athletic Fields); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #33 (Clay for Athletic Fields); and

WHEREAS, Tri-State Materials in Bound Brook, New Jersey, was the apparent low bidder however their bid was non-responsive in that they required a 25 ton minimum purchase which is not allowed under the bid specifications and their bid must therefore be rejected; and

WHEREAS, Whibco of New Jersey in Bridgeton, New Jersey, was the lowest responsive and responsible bidder for the items and prices reflected in the attached Notification of Award for a one-year term.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #33 (Clay for Athletic Fields) to Whibco of New Jersey as noted above for the term of January 1, 2017 - December 31, 2017.

16. Authorizing Award of MCCPC Contract #38—Preventive Maintenance-Repair of Communications Equipment to Communications Specialists

R-329-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #38 (Preventive Maintenance/Repair of Communications Equipment); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #38 (Preventive Maintenance/ Repair of Communications Equipment); and

WHEREAS, Communications Specialists in East Brunswick, New Jersey, was the lowest responsive and responsible bidder for the items and prices 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 #38 (Preventive Maintenance/Repair of Communications Equipment) to Communications Specialists as noted above for the term of January 1, 2017 - December 31, 2017.

17. Authorizing Award of MCCPC Contract #49—Disposal-Recycling of Municipal Road Clean-Up Materials to Deer Carcass Removal Service for Category A and Custom Environmental Management Co. for Categories B and C

R-330-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #49 (Disposal/Recycling of Municipal Road Clean-Up Materials); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #49 (Disposal/Recycling of Municipal Road Clean-Up Materials); and

WHEREAS, Deer Carcass Removal Service in Cream Ridge, New Jersey, was the lowest responsive and responsible bidder for Category A for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, Custom Environmental Management Company in Hainesport, New Jersey, was the lowest responsive and responsible bidder for Categories B and C for the items and prices 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 #49 (Disposal/Recycling of Municipal Road Clean-Up Materials) as noted above for the term of January 1, 2017 - December 31, 2017.

18. Authorizing Award of MCCPC Contract #53—Fencing Materials and Installation to E.B. Fence for Category A and National Fence Systems for Category B

R-331-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #53 (Fencing Materials and Installation); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received for Contract #53 (Fencing Materials and Installation); and

WHEREAS, E.B. Fence in Sicklerville, New Jersey, was the lowest responsive and responsible bidder for Category A for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, National Fence Systems in Avenel, New Jersey, was the lowest responsive and responsible bidder for Category B for the items and prices reflected in the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph, County of Morris, State of New Jersey, hereby authorizes the award of Contract #53 (Fencing Materials and Installation) as noted above for the term of January 1, 2017 - December 31, 2017.

19. Authorizing Award and Rejection for Various Bidders for MCCPC Contract #22—D.P.W. Uniforms—Work Shoes and Boots

R-332-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #22 (D.P.W. Uniforms/Work Shoes/Boots); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, six (6) bids were received for Contract #22 (D.P.W. Uniforms/Work Shoes/Boots); and

WHEREAS, the bids submitted by Municipal Safety Supply in Quakertown, Pennsylvania, and by American Wear Uniforms in East Orange, New Jersey, did not contain any of the six mandatory forms which are non-waivable, non-curable defects and the bids must be rejected; and

WHEREAS, the bids submitted for Category B (Work Shoes and Boots) by Saf-Gard Safety Shoe Company in Pittsburgh, Pennsylvania, and by Keyport Army Navy in Brick, New Jersey, contained exceptions to the bid specifications that made their bids non-compliant and their bids for Category B must therefore be rejected; and

WHEREAS, Specialty Graphics in Cherry Hill, New Jersey, was the lowest responsive and responsible bidder for Categories A and C for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, Old Toledo Brands in New York, New York, was the lowest responsive and responsible bidder for Category D for the items and prices 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 #22 (D.P.W. Uniforms/Work Shoes/Boots) as noted above for the term of January 1, 2017 - December 31, 2017.

20. Authorizing Award of MCCPC Contract #26 for Beam Guide Rail and Safety Ends—Installed to J. Fletcher Creamer and Son

R-333-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #26 (Beam Guide Rail & Safety Ends—Installed); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received for Contract #26 (Beam Guide Rail & Safety Ends—Installed); and

WHEREAS, J. Fletcher Creamer & Son, Inc. in Hackensack, New Jersey, was the lowest responsive and responsible bidder for the items and prices reflected in the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph, County of Morris, State of New Jersey, hereby authorizes the award of Contract #26 (Beam Guide Rail & Safety Ends—Installed) as noted above for the term of January 1, 2017 - December 31, 2017.

21. Authorizing Award of MCCPC Contract #41—Purchase of Communications Equipment—Radios to Various Bidders

R-334-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #41 (Purchase of Communications Equipment—Radios); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received for Contract #41 (Purchase of Communications Equipment—Radios); and

WHEREAS, the bid specifications state that alternate manufacturers will not be considered; and

WHEREAS, the responsive and responsible bidders offering the highest discount for each line item are shown on the attached Notification of Award for a one-year term; and

WHEREAS, the line items reflecting “No Award” in the attached Notification of Award are for those items where bidders were offering a substitute manufacturer which is not allowed as stated in 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 #41 (Purchase of Communications Equipment—Radios) as noted above for the term of January 1, 2017 - December 31, 2017.

22. Authorizing Rescission of a Portion of MCCPC Contract #15A—Police Pursuit Vehicles, 2017 Vehicles

R-335-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-A (Police Pursuit Vehicles, 2017 Models); and

WHEREAS, bids had been advertised and received on September 8, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, Contract #15-A (Police Pursuit Vehicles, 2017 Models) was awarded by the Township to various vendors on October 6, 2016; and

WHEREAS, subsequent to the award of Contract #15-A (Police Pursuit Vehicles, 2017 Models) a challenge was issued regarding the optional extended powertrain warranty being offered by the awarded vendors for items #1, #2, #5, #6, and #7; and

WHEREAS, the bid specifications required vendors to provide the basic warranty of 3 years/36,000 miles on all engine and drive train parts and to provide an extended powertrain warranty for a minimum 4 years/48,000 miles in addition and consecutive to the basic 3 years/36,000 miles warranty; and

WHEREAS, the MCCPC contacted the awarded vendors and it was determined that the awarded vendors and all other bidders misunderstood the requirements of the bid specifications regarding the minimum powertrain warranty requirements; and

WHEREAS, it is recommended that contract items #1, #2, #5, #6, and #7 be rescinded; and

WHEREAS, it is recommended that the bid specifications be substantially revised for items #1, #2, #5, #6, and #7 and that all those items be rebid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Township hereby rescinds a portion of the contract as stated above in order to substantially revise the bid specifications and rebid items #1, #2, #5, #6, and #7.

23. Authorizing Rescission of MCCPC Contract #15B—Administrative Passenger Vehicles, 2017 Models

R-336-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-B (Administrative Passenger Vehicles, 2017 Models); and

WHEREAS, bids had been advertised and received on September 8, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, Contract #15-B (Administrative Passenger Vehicles, 2017 Models) was awarded by the Township to various vendors on October 6, 2016; and

WHEREAS, subsequent to the award of Contract #15-B (Administrative Passenger Vehicles, 2017 Models) a challenge was issued regarding the optional extended powertrain warranty being offered by the awarded vendors; and

WHEREAS, it is recommended that all contract items be rescinded; and

WHEREAS, it is recommended that the bid specifications be substantially revised for all items and that all items be rebid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Township hereby rescinds the contract as stated above in order to substantially revise the bid specifications and rebid all contract items.

24. Authorizing Rescission of MCCPC Contract #15C—Utility Vehicles, 2017 Models

R-337-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-C (Utility Vehicles, 2017 Models); and

WHEREAS, bids had been advertised and received on September 8, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, Contract #15-C (Utility Vehicles, 2017 Models) was awarded by the Township to various vendors on October 6, 2016; and

WHEREAS, subsequent to the award of Contract #15-C (Utility Vehicles, 2017 Models) a challenge was issued regarding the optional extended powertrain warranty being offered by the awarded vendors; and

WHEREAS, it is recommended that all contract items be rescinded; and

WHEREAS, it is recommended that the bid specifications be substantially revised for all items and that all items be rebid.

25. Authorizing Rescission of MCCPC Contract #15E—Hybrid Vehicles, 2017 Models

R-338-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-E (Hybrid Vehicles, 2017 Models); and

WHEREAS, bids had been advertised and received on September 8, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, Contract #15-E (Hybrid Vehicles, 2017 Models) was awarded by the Township to Route 23 Automall in Butler, New Jersey, on October 6, 2016; and

WHEREAS, subsequent to the award of Contract #15-E (Hybrid Vehicles, 2017 Models) a challenge was issued regarding the optional extended powertrain warranty being offered by Route 23 Automall; and

WHEREAS, the MCCPC contacted Route 23 Automall and it was determined that they misunderstood the requirements of the bid specifications regarding the minimum powertrain warranty requirements; and

WHEREAS, it is recommended that the sole item be rescinded; and

WHEREAS, it is recommended that the bid specifications be substantially revised for the sole item and that item be rebid.

26. Authorizing Award and Rejection of MCCPC Contract #20A—Sporting Goods

R-339-16

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

WHEREAS, bids had been advertised and received on October 5, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, eight (8) bids were received for Contract #20-A (Sporting Goods); and

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

Category A: Baseball Equipment

Item 3: Little League International requires Rawlings brand. The apparent low bidder (Riddell) is offering Riddell, therefore it is recommended the item be awarded to second low bidder (R&R) who is offering Rawlings.

Item 4: Babe Ruth requires Rawlings brand. The apparent low bidder (Riddell) is offering Riddell, therefore it is recommended that the item be awarded to second low bidder (R&R) who is offering Rawlings.

Item 9: Softball League requires Dudley brand. The apparent low bidder (BSN) is offering MacGregor, therefore it is recommended that the item be awarded to second low bidder (R&R) who is offering Dudley.

Item 32: The apparent low bidder (Metuchen Center) is offering a product that is not in compliance with the bid specifications, therefore it is recommended that the item be awarded to the second low bidder (LeeZar).

Item 33: The apparent low bidder (Metuchen Center) is offering a product that is not in compliance with the bid specifications, therefore it is recommended that the item be awarded to the second low bidder (LeeZar).

Item #34: The apparent low bidder (Metuchen Center) is offering a product that is not in compliance with the bid specifications, therefore it is recommended that the item be awarded to the second low bidder (BSN).

Item #37: The apparent low bidder (Riddell) offered a product that could not be identified in the literature provided, therefore it is recommended that the item be awarded to the second low bidder (R&R).

Item #38: The apparent low bidder (Riddell) offered a product that could not be identified in the literature provided, therefore it is recommended that the item be awarded to the second low bidder (BSN).

Item #44: The apparent low bidder (Triple Crown) is offering a product that is not in compliance with the bid specifications, therefore it is recommended that the item be awarded to the second low bidder (Metuchen Center).

Category G: Sports Clothing (Various)

Item #6: The apparent low bidder (LeeZar) is offering a product that is not in compliance with the bid specifications, therefore it is recommended that the item be awarded to the second low bidder (R&R).

Item #9: The apparent low bidder (LeeZar) is offering a product that is not in compliance with the bid specifications, therefore it is recommended that the item be awarded to the second low bidder (R&R).

Item #26: The apparent low bidder (LeeZar) is offering a product that is not in compliance with the bid specifications, therefore it is recommended that the item be awarded to the second low bidder (Triple Crown).

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-A (Sporting Goods) as noted above for the term of January 1, 2017 - December 31, 2017.

27. Authorizing Award of MCCPC Contract #52—Fire Alarms, Sprinklers, Standpipe Systems and Fire Pumps

R-340-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #52 (Fire Alarms, Sprinklers, Standpipe Systems & Fire Pumps); and

WHEREAS, bids had been advertised and received on October 6, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received for Contract #52 (Fire Alarms, Sprinklers, Standpipe Systems & Fire Pumps); and

WHEREAS, Vanwell Electronics in Stirling, New Jersey, was the lowest responsive and responsible bidder for Category A for the items and prices reflected in the attached Notification of Award for a two-year term; and

WHEREAS, Protective Measures in Denville, New Jersey, was the lowest responsive and responsible bidder for Category B for the items and prices reflected in the attached Notification of Award for a two-year term.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Randolph, County of Morris, State of New Jersey, hereby authorizes the award of Contract #52 (Fire Alarms, Sprinklers, Standpipe Systems & Fire Pumps) as noted above for the term of January 1, 2017 - December 31, 2018.

28. Authorizing the Rescission and Re-Award of a Portion of MCCPC Contract #15V—Cab-Chassis with Dump Bodies, 2017 Models

R-341-16

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #15-F (Cab/Chassis With Dump Bodies, 2017 Models); and

WHEREAS, bids had been advertised and received on September 8, 2016, in accordance with Local Public Contracts Law; and

WHEREAS, the Township awarded Item #5 of Contract #15-F (Cab/Chassis With Dump Bodies, 2017 Models) to Hoover & Sons in Flanders, New Jersey, on October 6, 2016; and

WHEREAS, the bid specifications are clear that all exceptions must be stated on the exception pages included in the bid package and vendors must provide a detailed explanation of how the specifications will be met in the case of an exception; and

WHEREAS, subsequent to the award of this item a challenge was issued regarding exceptions taken to the bid specifications that were not disclosed at the time of the bid submission; and

WHEREAS, the MCCPC contacted Hoover & Sons for a response to the challenge and it is apparent from their response that Hoover & Sons did take exception to several items in the bid specifications that were not disclosed at the time the bid was opened; and

WHEREAS, by not disclosing the exceptions taken to the bid specifications, Hoover & Sons is not a responsive bidder; and

WHEREAS, additionally, the Public Works Director has determined that the subsequent exception Hoover & Sons took for Item #8 Engine Brake is a material defect, thereby rendering their bid non-responsive and it is therefore recommended that Item #5 of Contract #15-F be rescinded from Hoover & Sons; and

WHEREAS, the Public Works Director has reviewed the bid package of the second apparent low bidder, Deluxe International, and has determined that the exceptions they took to the axle and gauges are material defects, thereby rendering their bid non-responsive; and

WHEREAS, the Public Works Director has reviewed the bid package of the third apparent low bidder, Brown’s Hunterdon, at a price of $93,328 and has determined that their bid complies.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey, that the Township rescinds the contract of Item #5 of Contract #15-F (Cab/Chassis With Dump Bodies, 2017 Models) from Hoover & Sons and re-awards the contract of Item #5 of Contract #15-F to Brown’s Hunterdon as noted above for the contract period of November 17, 2016 through October 31, 2017.

29. Refund Registration for 2016-2017 Ice Hockey Program due to Lack of Participation in the Program to Mandie Myers—$300.00

R-342-16

WHEREAS, Mandie Myers registered their child for 2016-17 Ice Hockey (Middle School) Program and paid the fee of $ 300.00; and

WHEREAS, this child will not be participating in the program due to lack of interest for the program; whereas the adjoining program (Bantam Travel) was canceled due to lack of participation.

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 $ 300.00 be refunded to Mandie Myers, 41 Woodmont Drive, Randolph, NJ 07869.

30. Refund Road Opening Cash Bond for 13 Old Brookside Rd., Block 103, Lot 69 for Connecting to Township Water Services to Bela Burjanadze—$500.00

R-343-16

WHEREAS, the Engineering Department has received a request from Bela Burjanadze for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township water service at 13 Old Brookside Road, Randolph NJ 07869, BL 103 / L 69; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on July 1, 2016; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the connection to the township water service at 13 Old Brookside Road, Randolph NJ 07869, 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 Bela Burjanadze at 13 Old Brookside Road, Randolph NJ 07869.

G. UPCOMING EVENTS

Volunteer Recognition Ceremony, December 1st—begins at 7:00 p.m., directly following the 6:00 p.m. Council Meeting
Randolph Chamber of Commerce Luncheon at La Strada Restaurant, on Thursday, December 1st at 11:45 a.m.
Friends of the Pound Holiday Bazaar at the Community Center, Saturday, December 3rd from 12:00 p.m. to 3:30 p.m.
8th Annual Operation Appreciation at Brighton Cromwell, 111 Canfield Avenue, Randolph—Saturday, December 3 at 9:00 a.m.
Holiday Tree Lighting, Saturday, December 3rd at 6:30 p.m.—Community Center
Employee Appreciation Breakfast, Atrium of Town Hall on Wednesday, December 7th at 9:00 a.m.
Randolph Area Chamber of Commerce—Business After Hours Networking Event, December 7th from 5 p.m. to 7 p.m. at Provident Bank on Sussex Turnpike
Senior Holiday Luncheon, at the Community Center, Tuesday, December 13th at 12:00 p.m.
Recreation Volunteer Awards at the Community Center, Tuesday, December 13th at 6:30 p.m.
December 12th—Morris County Sheriff’s Annual Crime Stoppers event from 6 p.m. to 8 p.m. at the Birchwood Manor, contact Sal Campo if interested in attending

H. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance 24-16: An Ordinance Granting an Easement and Right of Way Agreement over a Portion of Block 86, Lot 74 and 75 on the Official Tax Map of the Township of Randolph to the New Jersey Natural Gas Company

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE GRANTING AN EASEMENT AND RIGHT OF WAY AGREEMENT OVER A PORTION OF BLOCK 86, LOT 74 AND 75 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH TO THE NEW JERSEY NATURAL GAS COMPANY” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance provides for an easement and right of way agreement on the township’s Public Works garage property to allow for a natural gas pipeline to be constructed connecting those buildings in need of gas.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE GRANTING AN EASEMENT AND RIGHT OF WAY AGREEMENT OVER A PORTION OF BLOCK 86, LOT 74 AND 75 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH TO THE NEW JERSEY NATURAL GAS COMPANY” 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. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

I. ORDINANCE: INTRODUCTION

1. Ordinance 27-16: An Ordinance Amending Ordinance No. 10-13 to Provide and Determine the Range of Compensation for Specified Officers and Employees in the Township of Randolph

Manager Mountain explained that the Council adopted a new police contract earlier in the year. This ordinance memorializes the salaries associated with the contract.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING ORDINANCE NO. 10-13 TO PROVIDE AND DETERMINE THE RANGE OF COMPENSATION FOR SPECIFIED OFFICERS AND EMPLOYEES IN THE TOWNSHIP OF RANDOLPH” 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 1st of December 2016 at 6 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. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

J. DISCUSSION ITEMS

1. Proposed Council Meeting Dates for 2017

Mayor Hirniak stated that there was a request to change the start time of the Reorganization Meeting on January 2, 2017 from 1 p.m. to 11 a.m.

Councilman Guadagno explained that on the second Thursday of each month, he has a meeting at the Rockaway Valley Regional Sewerage Authority; he will have to choose between the two meetings, and he is the secretary for the authority. Donna Luciani explained that there are three meetings proposed on the second Thursday of the month, January 12, May 11, and October 12. Donna and Manager Mountain will review and discuss those dates, and the Council will discuss it on December 1st.

Councilwoman Veech explained that she has conflicts on May 11 and May 25, she requested that they each be moved back one week to May 18 and June 1. Manager Mountain asked if moving May 11 to May 4 and May 25 to May 18 would work for her; she said that change would be acceptable. The Manager asked if there were any other Council members with conflicts if the May dates were to move in either direction. Donna Luciani stated that the May 25 meeting cannot be moved to June 1 due to it being Shavuot, a no-work holiday. The Council was agreeable to moving the meetings to May 4 and May 18.

Mayor Hirniak asked if Council members were agreeable to moving the time for the Reorganization meeting to 11:00 am on January 2nd; all were agreeable to the earlier time.

Mayor Hirniak asked that Council members email Manager Mountain prior to December 1st with any conflicts to the proposed meeting calendar.

2. Citizen Request to Amend Zoning Ordinance Regarding Housing of Chickens

Mayor Hirniak asked resident Steven Riecker to explain how he would like to proceed with the discussion.

Steven Riecker of 3 Patriots Way explained that he has spoken individually with four members of the Township Council. He thanked them for their time in helping him to understand their concerns, and how he could address those concerns. Mr. Riecker distributed information to support his discussion. He asked if the documents, his letter to the Council and the documents from Mark Caputo and Darren Carney, were attached to the agenda for everyone to view. Mayor Hirniak replied that they were, and that the Council would use those documents as part of the discussion.

Mr. Riecker provided the following information:

He has lived in Randolph for 18 years, in both Shongum and Ironia. His daughter Lauren became involved with sustainable agriculture and organic farming when she was a senior at Randolph High School; they had gotten three chicks at that time. There were no problems with the neighbors at the time. However, they soon learned that the local raccoons were predators.
Two years later, they built a better chicken coop and run, with three layers of fencing. In the process of building the more fortified structure, one neighbor alerted the township. Mr. Riecker has since spoken with all his neighbors and asked if there were any concerns he could address, and everyone seemed to be fine.
As he learned through speaking with Council members Veech, Loveys, Carey, and Forstenhausler, there were concerns around vermin, disease, nuisance, and the potential drain on township resources.
He then formed his “chicken advisory board.” He has been friends with Russell Sieb, from New Jersey Pest Control, for a number of years. Mr. Riecker explained that the two had a discussion about an incident that involved rats on Sussex Turnpike. Through this collaboration, Mr. Riecker recommended a rat abatement program, which would include bating traps and having Mr. Sieb inspect, monitor, and service them on a monthly basis on Mr. Riecker’s property. He suggested the rat abatement program to be a requirement of the proposed ordinance.
He found on the internet, someone he would consider an authority on home animal agriculture in residential areas, Robert Mickel, the County Extension Department Head of Agriculture Agent and Regional Livestock Agent. Mr. Mickel is a faculty member at Rutgers, and he and his colleagues produced Bulletin E353 which Mr. Riecker distributed to the Council. The bulletin is a best practices recommendation for homeowners as well as local government officials in establishing criteria for the conduct of agriculture involving domesticated animals on private residential property within a municipality. He also spoke with Mr. Mickel on the phone. Mr. Riecker took away that an acre of land can tolerate a certain amount of animal units; an acre can sustain a horse. The equivalent of one horse on one acre, is 125 chickens. Mr. Riecker proposed the ordinance include up to ten chickens on one to three acres.
He has done research on what other towns are doing, and the variability in ordinances and regulations relative to acreage and other concerns; there is a wide disparity of viewpoints.
He explained that four and a half years ago, Roxbury Township changed their ordinance from a minimum of five acres to as little as 7,500 square feet, with a 4-H exemption or 15,000 feet, without a 4-H exemption to allow up to three chickens. He spoke with Pat Fischer, the Zoning Officer in Roxbury, as well as Matt Zachok from the Health Department to find out what the impact was once the acreage was lowered. Mr. Riecker explained that rat incidents have occurred in both Roxbury and Randolph, but nothing had been done to eradicate the problem before it got out of hand; however, his idea is to be proactive. He explained that the two Roxbury employees led him to believe that there was minimal impact in terms of incremental nuisance or health concerns. There were some concerns prior to the change, as well as after the change.
He spoke with Mark Caputo who he knows is not in favor of making the change. However, he knows that Mark has not seen Bulletin E353 because Mr. Mickel explained that the intent is to distribute it to all the towns, but it has not yet been done.
He stated that Jennifer Catano, who was at the meeting, would be closing on a home in Randolph in December. Owning chickens is important to Ms. Catano, and she was looking at other towns that were more “chicken friendly.” She ultimately chose Randolph to buy her home since her in-laws live here and she found her dream home. Ms. Catano is very interested in having the chicken experience with her children.
He explained that there is an online forum, http://www.backyardchickens.com. He has spoken to Darren Carney about the site and about a resident who had expressed interest in 2013 to change the ordinance from three acres to one acre. There were ten other Randolph families who expressed interest via the forum. He assumed they never pursued it because they did not want to put forth the effort. According to the article from Roxbury, there were a number of families looking for the change because they had non-conforming acreage and they wanted to be legal.
He understands that there are concerns of a large increase in the chicken population if the ordinance was changed to one acre; he has some ideas of how that can be avoided. He assumed there was a way to limit the number of chicken permits issued each year. He felt that requiring a rat abatement program, which costs $50/month, would be prohibitive for some residents, and a way to control the chicken population.
He believes in a healthy lifestyle, and in his opinion, showing children where their food comes from, creating manure that can be composted and used in gardening, as well as teaching children the benefits of organic and healthy eating, and the benefits of the family experience shouldn’t be overlooked.
He requested that the ordinance be amended to include up to ten hens on one acre, and hens only, subject to the premises management plan.
He explained that John McAndrew has also been a mentor as far as raising chickens. Mr. Riecker felt that a best chicken practices resource would help future chicken owners succeed, and it would benefit the town as well.

Mayor Hirniak asked for Mr. Riecker’s recommendation on the limit of chicken permits to be issued. Mr. Riecker recommended a maximum of twelve permits per year. The Mayor stated that he assumed that the 125 chickens per acre that was in the research, was based upon a scientific calculation, and he asked Mr. Riecker what went into his calculation for his recommendation of ten chickens per acre. Mr. Riecker explained that Mr. Mickel’s calculation was based upon 1,000 animal pounds equaling one unit; therefore, an eight pound per mature chicken ratio would result in 125 chickens. Mr. Riecker commented on the attrition rate of chickens, and noted that John McAndrew calculates about one-third of his chickens are lost to attrition; therefore, ten seemed like a good number.

Lauren Riecker of 8 Evergreen Lane explained that she is studying nutritional sciences at Rutgers. She explained that her family began keeping chickens when she was a senior at Randolph High School and working on a farm. They received a shipment of chicks at the farm, and she took two home. She and her family designed and built a coop, watched the chicks grow, collected the eggs, and cooked the eggs. Ms. Riecker stated that the family bonded around raising the chickens, and thought it would be a shame to see them go.

Jennifer Catano, who will be purchasing her home on Mountainside Drive in December, explained that her husband grew up in Randolph and that his family still lives in town. She and seven year old son have a love for animals, and have been looking forward to raising and experiencing the benefits of chickens. The family was originally looking into homes with more acreage in other towns, but found a home in Randolph. Her son was very disappointed when he learned that they could not raise chickens in Randolph. Ms. Catano found Mr. Riecker online; she has not raised chickens, but has done research and learned that they make good pets. Due to a health concern, she has gone organic, and has begun growing her own vegetables. Mayor Hirniak asked Ms. Catano the size of the property she and her husband are purchasing. She stated that it was a little over an acre.

Karen Brown of Old Shunpike Road, asked the Council to consider that people move to Randolph to be close to the outdoors and open spaces, as well as to have gardens and possibly have chickens. She felt that the township should offer that option to residents, and felt that organic and sustainable living is a big topic these days.

Manager Mountain stated to the Council that this group of people is passionate about this issue and want to do it the right way. He explained that the more suburban the township becomes, from a zoning standpoint, the more the staff has to deal with quality of life or neighborhood issues. The Manager added that, when something that is not consistent with the concept of how the neighborhood is zoned, the current process allows the neighbors who will be impacted by the change in use to hear the discussion on the proposed use, and to know that their interests are being considered. Manager Mountain explained that his concern with the proposal is that if the Council was to change the zoning without the public process, the opportunity for others who may not have the same interest or those with concerns would not be able to voice their concerns. He recognized that seeking a variance could be burdensome.

Councilman Guadagno asked Mr. Riecker his background and experience with farming. Mr. Riecker explained that he has partnered with a nutritional wellness company; he coaches people how to reset their bodies with nutrition, partly through the nutritional cleansing process and New Zealand whey protein-based products, and healthy lifestyle in general. Councilman Guadagno then asked if Mr. Riecker had any professional experience with chickens or farming. Mr. Riecker replied that he did not have a formal, farming education; however, Lauren Riecker’s boyfriend Adam is an engineer at Case Western, and he largely helped with the planning of the chicken structure. Mr. Riecker explained that his experience in raising chickens has come from John McAndrew of Miller’s Hill Farm.

Councilman Guadagno asked how many properties in Randolph were at least one acre. Mr. Riecker referred to the memo from Darren Carney to Manager Mountain; there are approximately 5,550 residential properties in the township that are one acre or less. Councilman Guadagno clarified that Mr. Riecker has five neighbors, and that one of those complained; therefore, there could potentially be 1,100 complaints throughout the township if the ordinance was changed.

Councilman Forstenhausler stated that he spent time researching chickens, both on the phone and on the internet. He explained that the Council recently passed an ordinance prohibiting the feeding of wild animals on private property. The intent was to keep wild animals, such as bear, deer, coyotes, etc. out of residents’ backyards. Councilman Forstenhausler’s concern with allowing the chickens, is that it would be attracting the wild animals to residents’ backyards. He felt that if the ordinance was changed, it might significantly increase the number of chickens in the township, and he was not sure if that was a positive change. He agreed with Manager Mountain that the issue should be put before the Board of Adjustment.

Councilman Loveys also spent time researching the issue. One concern was with health related issues; he did not know what, if anything, veterinarians do to maintain a chicken’s health. Since dogs and cats are licensed in the township, he was unsure if chickens would require any such licensing. His other concerns are predators and rodents. He told of his recent conversation with a resident who had a bad experience with a neighbor who had chickens, and wound up with a rat infested home. Councilman Loveys explained that he did appreciate Mr. Riecker’s explanation of how the food was housed, and the rat abatement program. He agreed with Councilman Forstenhausler that the issue should be on a case-by-case basis, and put before the Board of Adjustment. Councilman Loveys added that he also respects the Health Officer’s opinion.

Councilwoman Veech stated that she agreed with Councilman Forstenhausler on the wildlife issue. She is the Council liaison to the Wildlife Management Committee, and the hunters have reported that they are seeing more bear than deer in the township. She also expressed her concern over the attraction of wild animals, and agreed that residents could request variances from the Board of Adjustment as opposed to amending the ordinance. Councilwoman Veech added that enforcing the ordinance would be challenging and potentially costly. She agreed with Councilman Loveys regarding the opinion of the Health Officer.

Deputy Mayor Carey stated that her main concern is the attraction of the wild animals and predators. She reiterated that the Council had recently had many discussions on the feeding of wildlife, and had passed an ordinance prohibiting the feeding on private property due to many complaints from neighbors. Deputy Mayor Carey agreed with the previous Council members’ comments.

Mayor Hirniak summarized that the Council members appreciated Mr. Riecker’s effort to comply with the local ordinance, and his research and preparation for his presentation to the Council. The Mayor asked Mr. Riecker why he chose not to go before the Planning Board or Board of Adjustment. Mr. Riecker explained that when he received notification that he had fifteen days to comply, the following day he met with Darren Carney to explore his options. The options ranged from removing the chickens, to applying for a variance, to trying to have the ordinance amended. Mr. Riecker and Darren discussed the ordinance requiring only one acre for a horse, but three acres for chickens. Mr. Riecker explained that the ordinance requirements varied widely over the course of the years. He felt that one acre for chickens was more in line with the times, and he also learned that approximately ten other families were interested since 2013. Mr. Riecker suspected that many of those other families have chickens, and felt this was the time to legitimize and bring some safe practices and control to the process. He felt that the variance process would potentially only benefit him, but he wanted to make a difference in the community, and felt this was a good way to do it. Mayor Hirniak stated that he would like to hear from members of the Board of Health regarding the issue. He suggested that it be included on an upcoming Board of Health agenda, and the Council would then get their feedback.

Mr. Riecker stated that he would take the issue to the Board of Health.

3. Citizen Request for Specified Wounded and-or Retired Veteran Parking Spots at Municipal Owned Properties

Mayor Hirniak reported that Manager Mountain circulated an email from the Mayor with an attached letter from a local high school junior.

Manager Mountain explained that the Mayor had met with the student, and then brought it to his attention to discuss the logistics. They discussed that many businesses do not have the space to accommodate the request. Instead, they discussed the option to designate a spot for Veteran parking on public properties that have enough space. He felt the idea had merit, and logistically, it could be accomplished if there was support from the Council.

Keli Gallo stated that she would prepare an ordinance, if it was the desire of the Council.

Councilwoman Veech stated that she would like to see a proposal from the Manager as to which parks, which municipal lots, and the number of spaces and their location. She would like more specific information, but felt it a worthwhile discussion. Manager Mountain wanted to first determine if there was consensus from the Council on the concept before he and his staff invested time and effort to prepare specific information.

Councilman Loveys agreed with Councilwoman Veech, he supported the concept, but needed more information. He also wondered how it would be enforced. Manager Mountain added that it would be more of a symbolic element than it would be proportionate to the population; he envisions it being one or two spots per facility.

Councilman Forstenhausler agreed with the other Council members. He suggested contacting the VFW to determine if it was something in which the veterans would be interested. His other comment was that, if the veteran was disabled, he/she would likely have a handicapped placard. Councilman Forstenhausler told of a woman in another state who had parked in the veteran space, and came back to a very nasty note. However, the woman was a veteran, and was entitled to park in the space. He felt that having the veteran space could cause an issue, particularly if the person did not have the appropriate placard, but felt it best to inquire with the VFW first.

Councilman Guadagno stated that he was not in favor of this suggestion. He explained that there are others who protect residents, such as the Police Department, the Fire Department, and the EMS services, and questioned why the focus was solely on the veterans. He also questioned the wording of wounded and/or retired veterans, and felt that needed clarification.

Deputy Mayor Carey agreed with the concept of adding the parking spots. She agreed that the VFW should be contacted for their input. She also felt that other towns could be asked what they have seen as the pros and cons of having the veteran parking.

Mayor Hirniak asked Manager Mountain to explore the concept further, and report back to the Council at a future meeting.

K. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road explained the recycling of newspaper vs. other paper. She expressed her anger at the roll away dumpster removed from the recycling center for weeks while the concrete was being replaced. There was a dumpster for mixed paper, but nowhere to put only newsprint. Mrs. Stewart explained that she had called the Health Department, and found out via the person at the recycling center, that the dumpster would be back within days. This was incorrect information, and Mrs. Stewart expressed her anger that she had made an unnecessary trip to the recycling center. Mayor Hirniak asked Manager Mountain to follow up with township staff.

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

L. COUNCIL COMMENTS

Councilman Guadagno stated that the letters for the Revaluation were being mailed, and that there was no help online, despite being told there would be a program with calculations. He said there was no online support. Manager Mountain said he would follow up with the Tax Assessor. Deputy Mayor Carey added that a friend of hers had gone online that morning and saw there were 150 pages, and everyone else’s values. The system may have been updated since Councilman Guadagno had looked. Councilman Guadagno asked for an explanation as to how much more residents would be paying in County taxes. Manager Mountain said he would verify the amount.

Councilman Guadagno commended the staff on the new pump station; he thought everything was excellent. He also inspected the water line installation near Nuko Terrace; he thought this was also an excellent job.

Councilwoman Veech reported that she attended the Parks Advisory Committee meeting. The township and the YMCA worked out a deal where the seniors can sign up for an eight week session, one day per week to walk on the track. The cost is $15 for the eight week session, the township is subsidizing the YMCA with $13. Also, the pickleball courts have been painted at Brundage Park, on tennis court number 6.

Deputy Mayor Carey reported that the Veteran’s Day ceremony at the VFW was very nice. She also reported that the fire inspection was very informative and productive.

Mayor Hirniak reported the following:

On November 5th he spoke at Pleasant Hill Cemetery where the headstone was revealed for Calvin Verduga. The ceremony was very moving, with both Calvin’s family, and Jack Timmerman’s family in attendance.
On November 7th he voted at Shongum School, and spoke to fourth graders about the Manager-Township Council form of government. He heard from the students that they have enjoyed the recent tours of town hall given to scouts.
Also on November 7th he attended the Planning Board meeting. The Planning Board approved the Wendy’s application to build a restaurant next to the Randolph Diner. The restaurant will have a larger focus on the drive through component. The dining room hours will be 10 a.m. to 11 p.m., and the drive through hours will be 10 a.m. to 3 a.m. The Council can expect a soil movement application in 2017.
On November 9th he attended a retirement event for Sheriff Ed Rochford at the Park Savoy. He was the Sheriff for 24 years, with a total of 51 years in law enforcement.
On November 11th he attended the VFW Veteran’s Day ceremony. He recognized Deputy Mayor Carey for her speech; he has heard a lot of good feedback about the speech.
Also on November 11th, he attended an Eleventh Hour Rescue Gala at the Atrium Country Club in West Orange where he was honored for his work on the ordinance to ban the retail sale of dogs and cats in Randolph. Sheriff Rochford was also honored for his work on animal welfare.
On November 12th he attended the Fire Department inspection; he felt it was very educational. He also attended the dinner at Picatinny Arsenal. Picatinny donates a portion of the proceeds from events to soldiers.
He attended the annual NJ State League of Municipalities Conference in Atlantic City. Many of the Council members attended the Morris County League of Municipalities luncheon as well as the state luncheon.

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 Executive portion of the meeting.

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

Update on Litigation

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 will reconvene in public session for the purpose of taking formal action.

Councilman Guadagno made a motion to move into Executive Session at 9:10 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

Councilman Guadagno made a motion to close the Executive Session at 9:20 p.m. Councilman Forstenhausler seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello

N. ADJOURNMENT

Councilman Guadagno made a motion to adjourn the meeting at 9:20 p.m. Deputy Mayor Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

ABSENT: Councilman Napoliello