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

Minutes: November 29, 2018

A. OPENING OF REGULAR MEETING

1. Call to Order

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

2. Roll Call

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

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

3. Pledge of Allegiance

Mayor Forstenhausler led the Pledge of Allegiance.

B. SWEARING IN OF POLICE OFFICERS & AWARDS CEREMONY

1. Swearing in of Police Officers Salvatore Grosso, Daniel Sullivan, Christopher Senyk, Jr. and Bryan Blauvelt

Mayor Forstenhausler explained that the swearing in ceremony would take place in the courtroom. There was a break in the meeting to attend the ceremony.

Police Chief Stokoe recognized and thanked Mayor Forstenhausler, Manager Mountain, and the Township Council for their continued support of the police department.

The Chief explained the interview and hiring process, and swore in the officers.

2. Police Department Awards Ceremony Honoring Sergeant Goral and Police Officers Brenckman, Spence, Hefferon and Francica. Life Saving Award to Police Officer Green

Chief Stokoe thanked the police department’s awards committee, Detective Lieutenant Giuliani, Lieutenant Gomez, Detective Sergeant Donovan, Sergeant Mygas, Detective Edelman, and Officer Biase, for their time and effort in reviewing each submission and making recommendations for the awards. He also thanked his secretary Gale Klatte for her work and preparation for the program.

Chief Stokoe explained that the Grand Cordon Unit Citation is awarded to participating members of an operating unit within the Department in a cited action. He explained:

On March 22, 2018 Sergeant Jeff Goral along with Officers Brian Brenckman, David Spence, Kyle Hefferon and Nick Francica responded to Route 10 West for a report of an unknown medical emergency. Initial reports indicated a male was inside a vehicle which was resting against the concrete divider of the highway. Officers Hefferon and Francica arrived first on scene and decided to stop on the eastbound side in order to reach the victim quicker. The victim was found unresponsive as Officers Hefferon and Francica removed the victim from the vehicle to render aid. Officer Hefferon assisted EMT’s with administering CPR while Officers Brenckman and Spence located and identified evidence indicative of a drug overdose. This information was immediately provided to EMT’s who began to administer Narcan to the victim; he was ultimately revived from a potentially life threatening drug overdose episode and was eventually charged with DWI and drug related charges.

The Chief congratulated and commended each officer for their contribution. He presented Sergeant Jeff Goral, and Officers Brian Brenckman, David Spence, Kyle Hefferon and Nick Francica with the Grand Cordon Unit Citation Award. He explained that this is the second Grand Cordon Unit Citation Award for Sergeant Goral and Officer Spence; and the first for Officers Brenckman, Hefferon and Francica.

Chief Stokoe explained that the Life Saving Award is given 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. He explained:

On July 8, 2018 Officer Ian Green responded to Everett Drive for a medical call. While en route, dispatch advised CPR was in progress. Officer Green arrived on scene and performed CPR for about six minutes; he ultimately was able to obtain signs of life from the victim. The victim was then transported to St. Clare’s hospital and was admitted to the ICU.

The Chief congratulated Officer Green, and presented him with the Life Saving Award. He explained that this is the first lifesaving award for Officer Green.

Chief Stokoe explained that the Educational Achievement Award is awarded to every officer who has successfully attained an associate’s degree or higher from an accredited college or university. He commended Officers Frappier, Green, Grosso, Sullivan, Senyk and Blauvelt, and presented them with the Educational Achievement Award.

Council members and meeting attendees returned to the Council Chambers.

OPEN TO THE PUBLIC

Mayor Forstenhausler opened the meeting to the public.

A few young residents read a letter from the children of the Randolph Indian-American community thanking Mayor Forstenhausler and the Council members for their involvement in the celebration of the Diwali holiday, and their kind support of the Indian-American community of Randolph.

Mayor Forstenhausler explained that the Council had been invited to the Diwali celebration at the Community Center. He, Deputy Mayor Loveys, Councilwoman Carey, and Councilman Guadagno attended and had a great time; he thanked them for inviting the Council and for attending this meeting.

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

C. PUBLIC HEARING—SOIL MOVEMENT HEARING—METRO STORAGE, LLC

1. Approving the Soil Movement Permit—Metro Storage, LLC, Block 145, Lot 12

Mayor Forstenhausler explained that the applicant received a variance, preliminary, and final site plan approval for the construction of an 118,272 square foot structure and associated site improvements. By way of Ordinance 15-47.4C of the Revised Ordinances of the Township of Randolph, the Council has jurisdiction over the matter since the applicant seeks to move more than 2,001 cubic yards of soil from the site. They are seeking to export 35,513 cubic yards of soil from the site. The purpose of the hearing is for the Council to review and potentially act on the application.

Township Clerk, Donna Luciani confirmed receipt of the applicant’s proof of notice of the property owners within 200 feet, as well as the proof of publication.

Manager Mountain provided the following background information:

The intent of the hearing is to ensure the consideration of public health, safety, and general welfare of the public as well as to provide any recommendations noted by Planning and Zoning Department and on behalf of the township’s Planning Board and Board of Adjustment.
Particular consideration should be given to the following factors:
- Soil erosion by water and wind
- Drainage
- Soil fertility
- Lateral support slopes and grades of abutting streets and lands
- Land values and uses
- Any such factors that may be relevant to the harmonious physical development of the land
He reviewed the conditions that are part of the application, and which are included in the resolution.

Attorney John Wyciskala provided the following information on behalf of the applicant:

They have received preliminary plan and site plan approval for the project, a climate-controlled self storage facility.
Civil Engineer, Brad Bohler was in attendance and they were both well aware of the conditions, timeframes, and limitations relative to timing of trucks, and they agree to all the terms.
It is their goal to complete construction sooner than the five month allotted time.
During the hearing process, they had many conversations with the residential neighbors behind the site, and they made a commitment to do what they could to shorten the timeframes and the disruption to them.

Councilman Guadagno noted that the application said three and a half months, yet everyone was saying five months; he asked if the application was incorrect. Attorney Wyciskala explained that they submitted the application with the three and a half month timeframe, and Darren Carney suggested making if five months to alleviate the need to return to the Planning Board if they run over. Manager Mountain added that the allocation was what was submitted in their application, but the recommendation from the Planning and Zoning Department was to provide the additional amount of time to allow a buffer.

Deputy Mayor Loveys stated that his concern was the grade, and asked what the plan was for retaining walls.

Attorney Ed Buzak swore in Brad Bohler from Bohler Engineering. Attorney Wyciskala added that Mr. Bohler is a Civil Engineer; Mr. Bohler confirmed that his license was still in good standing.

Mr. Bohler explained that there will be temporary suring as they build a wall. They will potentially be constructing the wall as they are removing soil from the site. Deputy Mayor Loveys asked if they expected to hit rock; Mr. Bohler explained that there is some rock on site, but their cuts do not go down that far.

Mayor Forstenhausler asked the anticipated number of truckloads of soil. Mr. Bohler replied, 1,700-1,800, depending on how much soil would be in each truck. Mayor Forstenhausler confirmed that Mr. Bohler was aware of the morning traffic on Route 10 East.

Councilman Napoliello asked where the soil was being trucked; Mr. Bohler replied that they do not yet have a source, but it will not be in Randolph.

Deputy Mayor Loveys asked for clarification on the fact that they checked yes on the application for soil erosion. Mr. Bohler replied that he checked it because he thought it was asking if they needed a soil erosion permit.

Mayor Forstenhausler asked how many trucks per day they anticipated moving from the site. Mr. Bohler replied approximately 20-25.

Councilman Napoliello made a motion to open the hearing to the public. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

D. OPEN TO THE PUBLIC

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

Councilman Napoliello made a motion to close the public session. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to approve Resolution, R-353-18, soil movement permit for Metro Storage, LLC. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

R-353-18

WHEREAS, Metro Storage Facility, the “Applicant,” has submitted to the Township of Randolph, the “Township,” an application for a soil movement permit involving the movement of soil on Block 145, Lot 2, on the Official Tax Map of the Township of Randolph (the “Property”) for premises more particularly described as being situated on the corner of 353 Route 10 East, Randolph, New Jersey; and

WHEREAS, said soil movement application reflects that approximately thirty-five thousand, five hundred and thirteen (35,513) cubic yards of soil will be removed from the site; and

WHEREAS, the soil movement permit application was submitted in conjunction with an application before the Board of Adjustment of the Township of Randolph for the “Memorializing the Granting of Variance Approval and Preliminary and Final Site Plan Approval to the Applicant, Metro Storage, LLC, Relating to Property Located at 353 Route 10 East, Designated as Block 145, Lot 2 on the Official Tax Maps of the Township of Randolph”; and

WHEREAS, by resolution adopted by the Randolph Township Board of Adjustment on June 28, 2018, the Board of Adjustment of the Township of Randolph approved said application for memorializing the granting of variance approval and preliminary and final site plan approval to the applicant, Metro Storage, LLC, subject to, among other things, obtaining approvals from any other governmental agency having jurisdiction; and

WHEREAS, by the same resolution, the Board of Adjustment of the Township of Randolph recommended the Township Council approve the soil movement application submitted by the applicant; and

WHEREAS, the Township has jurisdiction of the applicant’s soil removal application, per Section 15-47.4 (C) of the Revised Ordinances of Randolph; and

WHEREAS, the applicant provided notice to all owners within 200 feet of the development site of a public hearing to be held on November 29, 2018, by the Township Council, to discuss issues related to this application; and

WHEREAS, a public hearing was held on this application on November 29, 2018, provided in the notice to appropriate property owners; and

WHEREAS, the site plan application included both a report addressing soil movement and a map showing existing and proposed contour lines and grades; and

WHEREAS, the Township has considered that application and public health, safety and general welfare, and particularly, soil erosion by water and wind, drainage, soil fertility, lateral support slopes and grades of abutting streets and lands, land values and users and other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

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 Council has reviewed the application and recommendations of the Divisions of Planning and Engineering and evaluated such considerations pursuant to Section 15-47.7(B) of the Revised Ordinances of the Township of Randolph. The Council finds that the permit may be granted without compromising the public health, safety and general welfare if the conditions below are met.
The Township Council hereby approves and grants soil movement permit application of Metro Storage, LLC, and is consistent with said application submitted by the Applicant, and in accordance with the site plan delivered to the Township of Randolph, subject to the following conditions:
1. The removal of soil on the Property shall be limited to a 5 month time period.
2. Soil movements is not permitted on weekends, except for Saturdays based on good cause and approved by the Township Manager. Soil movement activities will take place between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding public holidays. The trucks may be loaded at 8:30 a.m., no earlier, but are prohibited from rolling off site until 9:00 a.m.
3. Top soil shall be retained on the site and no top soil is to be removed from the site.
4. The Applicant shall insure that vehicles transporting soil should utilize County and/or State roadways only. No other streets in Randolph shall be used. A map depicting the vehicle route should be provided to the Engineering Department prior to commencement of the soil movement activity.
5. The Applicant shall load and unload construction equipment and/or earthmovers on site only. The Applicant shall not load or unload on any Township, County or State roadway. The applicant shall provide appropriate wheel washers in accordance with applicable ordinance provisions as required by the Township Engineer.
6. The Applicant shall insure that vehicles used to remove soil shall transport said soil beyond the limits of the Township and that said soil shall be disposed of beyond the limits of the Township. The location (s) for the disposal of the soil shall be provided to the Township Engineer in writing prior to the commencement of the soil movement.
7. The Applicant shall comply with all traffic control recommendations established by the Chief of Police of the Randolph Police Department or his designated representative. The Applicant further understands that the Randolph Police Chief may, in his discretion, modify traffic control recommendations as necessary depending on conditions of the Property and local or regional traffic conditions. The Applicant shall comply with any and all of the aforementioned modifications to the traffic control recommendations of the Randolph Police Chief. If the Chief directs the use of a traffic control officer, the Applicant agrees to pay for the said traffic control officer for the times required by the Chief.
8. The Applicant shall post a Safety and Stabilization Bond in the amount of $5,000.
9. The Applicant shall comply with all conditions imposed by the Board of Adjustment as stated in their Resolution of June 28, 2018, as well as all ordinances including, but not limited to, Section 15-47, et seq.
10. The Applicant is bound by, and will comply with, all conditions regarding Soil Movement and Sediment Control as noted on the approved site plan adopted by the Randolph Township Board of Adjustment on June 28, 2018.
All appropriate Township officials and the Randolph Township Attorney are authorized and directed to perform all required acts to effectuate the purpose(s) of this Resolution.
This Resolution shall take effect immediately.

E. MANAGER’S REPORT

Manager Mountain reported the following:

Quarterly meeting with the Board of Education—he, Mayor Forstenhausler, Deputy Mayor Loveys, and Chief Stokoe attended the meeting. The discussions included the efforts to install cameras on the buses to address the ongoing issue of cars passing buses, and an idea for collaboration on reviewing the concept of live streaming events, something the Recreation Department is also looking into. A number of other shared service ideas were discussed. The Manager shared the status of the township’s contract negotiations, and they exchanged the 2019 meeting calendars. The liaison meeting continues to be an excellent exchange of information.
Commuter Survey—he and Councilwoman Veech have been working on a project to assess the community’s interest in a supplemental level of service for commuting to New York City. Over 600 residents completed the survey by TransOptions, a non-profit group. TransOptions compiled the data, and given a quick overview; the results suggest that there is a potential in Randolph. They are now taking the data and sharing it with potential providers to determine what the market might be. If a viable option can be found, it will be brought to the Council for discussion. Once they get a better idea of the options, a public presentation will take place at a Council meeting in the beginning of the year.
November 15th snowstorm—he was pleased that the township crews were well prepared for the storm; the plows and salt trucks were prepared in early November, and were in position when the storm hit. The roads were pre-treated; there were 35 employees out during the storm. There were issues on state and county roads, which were complicated by the timing of the storm and the volume of traffic. The police department and emergency services spent a lot of time on Route 10 assisting motorists. The township communicated some of the issues with the appropriate levels of the state and county government. He recognized the efforts of the DPW crews and the police department during the storm.

Councilman Tkacs thanked the DPW; it took him four hours to get home, but when he got to Randolph, the roads were clear. Mayor Forstenhausler and Councilman Guadagno concurred with Councilman Tkacs.

F. APPROVAL OF MEETING MINUTES

1. Approval of the Regular Meeting Minutes of the September 20, 2018 Meeting

Councilman Guadagno made a motion to approve the Regular Minutes of the September 20, 2018 Council meeting. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

AYES:
Councilwoman Carey
Councilman Guadagno
Councilman Napoliello
Councilman Tkacs
Councilwoman Veech (via phone—ABSTAIN)
Deputy Mayor Loveys
Mayor Forstenhausler

NAYS: None

G. COMBINED ACTION RESOLUTIONS

Item #15, Authorizing appropriation transfers—Councilman Tkacs asked for clarification on the meaning of “S & W”; Manager Mountain explained it is “salary & wage.”

1. Refund Cash Road Opening Bond Posted for the Purpose of Repaving the Driveway at 9 Revere Court, Block 21, Lot 181 to Vikas Bangia—$500.00

R-327-18

WHEREAS, the Engineering Department has received a request from Vikas Bangia for the release of a $500.00 cash road opening bond posted for the purpose of repaving the driveway at 9 Revere Court, Randolph, NJ 07869 BL 21/L 181; and

WHEREAS, the road opening bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on August 31, 2018; and

WHEREAS, the applicant was required to post this cash bond to guarantee the repaving of the driveway at 9 Revere Court, 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 Vikas Bangia at 9 Revere Court, Randolph, NJ 07869.

2. Refund Road Opening Cash Bond Posted for the Purpose of Connecting to the Township Catch Basin at 24 Glenwood Avenue, Randolph, Block 68, Lot 2—Guscos Landscaping, LLC—$500.00

R-328-18

WHEREAS, the Engineering Department has received a request from Guscos Landscaping, LLC for the release of a $500.00 cash road opening bond posted for the purpose of connecting to the township catch basin at 24 Glenwood Avenue, Randolph, NJ 07869 (BL68/L2); and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 18, 2018; and

WHEREAS, the applicant was required to post this cash bond to guarantee the connecting to the township catch basin at 24 Glenwood Avenue, 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 Guscos Landscaping, LLC at 32 Livingston Avenue, Dover, NJ 07801.

3. Authorizing the Award and Rejection of Various Bidders for MCCPC Contract 11—Motor Oils and Miscellaneous Lubricants

R-329-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #11 (Motor Oils & Miscellaneous Lubricants); and

WHEREAS, bids had been advertised and received on October 4, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received; and

WHEREAS, Contract #11 is awarded to the lowest responsive and responsible bidder per category; and

WHEREAS, BWE, LLC in Manchester, New Hampshire, was the apparent low bidder for Categories G, H and Q, however the vendor did not properly execute the mandatory Disclosure of Investment Activities in Iran form, which is a non-curable and non-waivable defect, and therefore the bid must be rejected as non-responsive; and

WHEREAS, Lubenet, LLC in Brooklyn, New York, is the lowest responsive and responsible bidder for Categories A, B, E, F, G, I, J, M, P, R and T for the items and prices shown on the attached Notification of Award for a one-year term; and

WHEREAS, David Weber Oil Company in Carlstadt, New Jersey, is the lowest responsive and responsible bidder for Category C for the items and prices shown on the attached Notification of Award for a one-year term; and

WHEREAS, Bi-Lo Industries in Deer Park, New York, is the lowest responsive and responsible bidder for Categories D, H, K, N, O, Q, S, U, V and W for the items and prices shown on the attached Notification of Award for a one-year term; and

WHEREAS, NCH Corporation (dba Chemsearch) in Irving, Texas, is the lowest responsive and responsible bidder for Category L for the items and prices shown on the attached Notification of Award for a one-year term.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #11 (Motor Oils & Miscellaneous Lubricants) to Lubenet, LLC, David Weber Oil Company, Bi-Lo Industries, and NCH Corporation (dba Chemsearch) as noted above and on the attached Notification of Award for the term January 1, 2019 - December 31, 2019.

4. Authorizing the Award of MCCPC Contract 17—Water Treatment Chemicals to Various Bidders

R-330-18

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 4, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, eleven (11) bids were received; and

WHEREAS, Contract #17 is awarded to the lowest responsive and responsible bidder per line item; and

WHEREAS, Main Pool and Chemical Company, Inc. in Dupont, Pennsylvania, George S. Coyne Chemical Company, Inc. in Croydon, Pennsylvania, Shannon Chemical Corporation in Malvern, Pennsylvania, Carus Corporation in Peru, Illinois, Chemtrade Chemicals US, LLC in Parsippany, New Jersey, Polydyne, Inc. in Riceboro, Georgia, and USALCO Baltimore Plant, LLC in Baltimore, Maryland, are the lowest responsive and responsible bidders for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #17 (Water Treatment Chemicals) to Main Pool and Chemical Company, Inc., George S. Coyne Chemical Company, Inc., Shannon Chemical Corporation, Carus Corporation, Chemtrade Chemicals US, LLC, Polydyne, Inc., and USALCO Baltimore Plant, LLC as noted above and on the attached Notification of Award for the term January 1, 2019 - December 31, 2019.

5. Authorizing the Award of MCCPC Contract 53—Fencing Materials and Installation to Various Bidders

R-331-18

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 5, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received; and

WHEREAS, Contract #53 is awarded to the lowest responsive and responsible bidder per category; and

WHEREAS, Challenger Fence, Inc. in Paterson, New Jersey, is the lowest responsive and responsible bidder for Category A for the items and prices shown on the attached Notification of Award for a one-year term; and

WHEREAS, Fox Fence Enterprises, Inc. in Clifton, New Jersey, is the lowest responsive and responsible bidder for Category B for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #53 (Fencing Materials and Installation) to Challenger Fence, Inc. and to Fox Fence Enterprises, Inc. as noted above and on the attached Notification of Award for the term January 1, 2019 - December 31, 2019.

6. Authorizing the Award and Rejection of MCCPC Contract #7—Drainage Pipe—Delivered to Various Bidders

R-332-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #7 (Drainage Pipe—Delivered); and

WHEREAS, bids had been advertised and received on October 4, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received; and

WHEREAS, Contract #7 is awarded to the lowest responsive and responsible bidder based on the lowest aggregate total of all items; and

WHEREAS, the bid specifications state that vendors must bid on all items within the contract; and

WHEREAS, Ferguson Waterworks in Lakewood, New Jersey, and Brent Material Company in Florham Park, New Jersey, did not bid on all items within the contract, therefore their bids were nonresponsive and must be rejected; and

WHEREAS, Campbell Materials in Kearny, New Jersey, is the lowest responsive and responsible bidder for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of, and hereby rejects, the bids submitted by Ferguson Waterworks and Brent Material Company for Contract #7 (Drainage Pipe—Delivered) for the reason stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #7 (Drainage Pipe—Delivered) to Campbell Materials as noted above and on the attached Notification of Award for the term January 1, 2019 - December 31, 2019.

7. Authorizing the Award of MCCPC Contract 24—Bagged Cement and Poured Concrete to Extech Building Materials and County Concrete Corporation

R-333-18

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

WHEREAS, bids had been advertised and received on October 5, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received; and

WHEREAS, Contract #24 is awarded to the lowest responsive and responsible bidder based on the lowest aggregate total for Category A and the lowest aggregate total per district for Categories B and C; and

WHEREAS, Extech Building Materials (dba Liberty Building Products) in Newark, New Jersey, is the lowest responsive and responsible bidder for the items and prices in Category A as shown on the attached Notification of Award for a one-year term; and

WHEREAS, County Concrete Corporation in Kenvil, New Jersey, in the lowest responsive and responsible bidder for the items and prices in Categories B and C as shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #24 (Bagged Cement and Poured Concrete) to Extech Building Materials (dba Liberty Building Products) and to County Concrete Corporation as noted above and on the attached Notification of Award for the term January 1, 2019 - December 31, 2019.

8. Authorizing the Rejection of MCCPC Contract 19—Concrete Basin Blocks and Granite Curb Blocks—Extech Building Materials

R-334-18

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #19 (Concrete Basin Blocks & Granite Curb Blocks); and

WHEREAS, bids had been advertised and received on October 4, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received; and

WHEREAS, the bid specifications require that vendors provide notarized certifications from a certified testing laboratory dated within six months of the bid opening stating that all materials to be provided meet current NJ DOT specifications; and

WHEREAS, Extech Building Materials (dba Liberty Building Products) in Newark, New Jersey, the sole bidder for this contract, was unable to obtain the required notarized certifications dated within the six-month timeframe; and

WHEREAS, Extech Building Materials (dba Liberty Building Products) is not responsive to the bid specifications and their bid must be rejected.

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, and hereby rejects, the bid submitted by Extech Building Materials (dba Liberty Building Products) for Contract #19 as noted above.

9. Refunding the Stabilization Bond Posted for the Purpose of Ensuring the Driveway Stabilization at 7 Mountainside Drive, Block 142, Lot 10 to Caterina Falcone—$2,000.00

R-335-18

WHEREAS, the Engineering Department has received a request from Caterina Falcone for the release of a $2,000.00 stabilization bond posted for the purpose of ensuring the driveway stabilization at 7 Mountainside Drive, Randolph, NJ 07869 (BL 142/L 10); and

WHEREAS, the stabilization bond consisted of a $2,000.00 cash bond, which was received and deposited with the Finance Department on October 6, 2018; and

WHEREAS, the applicant was required to post this Stabilization Bond for the driveway stabilization at 7 Mountainside Drive, Randolph NJ 07869; and

WHEREAS, the Engineering Department has inspected the property 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 stabilization bond in the amount of $2,000.00 be refunded to Caterina Falcone at 101 High Street, Randolph, NJ 078689.

10. Authorizing the Award and Rejection of MCCPC Contract 26—Beam Guide Rail and Safety Ends—Installed to Various Bidders

R-336-18

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 5, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received; and

WHEREAS, Contract #26 is awarded to the lowest responsive and responsible bidder based upon the lowest aggregate total price; and

WHEREAS, the bids were reviewed by the Engineering Department and Legal Counsel; and

WHEREAS, the bids of the apparent low bidder, J. Fletcher Creamer, and the apparent second low bidder, M.L. Ruberton, attempt to take unfair advantage of the manner in which the low bid is determined under the bid documents so as to increase the actual cost to the members by “penny bidding” various items where the actual value is hundreds of dollars more than the bid value attributed to them; and

WHEREAS, it is recommended that the bids submitted by J. Fletcher Creamer and M.L. Ruberton be rejected as being severely unbalanced, resulting in a projected increase in cost to the members of the MCCPC based upon the estimated quantities of the members, thereby thwarting the objectives of public bidding; and

WHEREAS, Road Safety Systems in Shamong, New Jersey, is the lowest responsive and responsible bidder for the items and prices shown on the attached Notification of Award for a one-year term.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township Council on behalf of the MCCPC hereby authorizes the rejection of, and hereby rejects, the bids submitted by J. Fletcher Creamer and M.L. Ruberton for Contract #26 for the reasons stated above.

BE IT FURTHER RESOLVED that the Township Council on behalf of the MCCPC hereby authorizes the award of Contract #26 (Beam Guide Rail & Safety Ends—Installed) to Road Safety Systems as noted above for the term January 1, 2019 - December 31, 2019.

11. Authorizing the Award and Rejection of MCCPC Contract 22—DPW Uniforms, Work Shoes and Boots to Various Bidders

R-337-18

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

WHEREAS, bids had been advertised and received on October 5, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, seven (7) bids were received; and

WHEREAS, Contract #22 is awarded to the lowest responsive and responsible bidder per category; and

WHEREAS, Keyport Army Navy in Brick, New Jersey, American Wear in East Orange, New Jersey, Municipal Safety Supply in Quakertown, Pennsylvania, UniFirst in Croydon, Pennsylvania, and Maxon Supplies on Delran, New Jersey, bid on items in Categories A, C and D that either did not comply with the bid specifications or were no longer available for purchase; and

WHEREAS, Item #4 in Category C was removed from the bid since no bidder is able to obtain that item or an equivalent; and

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

WHEREAS, Saf-Gard Safety Shoe Company in Duncansville, Pennsylvania, is the lowest responsive and responsible bidder for Category B for the items and prices shown on the attached Notification of Award for a one-year term; and

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, and hereby rejects, the bids submitted by Keyport Army Navy, American Wear, Municipal Safety Supply, UniFirst and Maxon Supplies for Categories A, C and D of Contract #22 for the reasons stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #22 (DPW Uniforms/Work Shoes/Boots) to Specialty Graphics and to Saf-Gard Safety Shoe as noted above and on the attached Notification of Award for the term January 1, 2019 - December 31, 2019.

12. Authorizing the Award and Rejection of Contract #20-A—Sporting Goods to Various Bidders

R-338-18

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 4, 2018, in accordance with Local Public Contracts Law; and

WHEREAS, nine (9) bids were received; and

WHEREAS, Contract #20-A is awarded to the lowest responsive and responsible bidder per line item; and

WHEREAS, the bid specifications list specific brand/manufacturer names for most items for comparison purposes and vendors can either bid the brand/manufacturer or an equivalent, however if the bid specifications are generic and no brand/manufacturer is specified, the vendor must identify the brand/manufacturer being bid or else the bid for that particular item will be rejected; and

WHEREAS, the generic items bid by R&R Trophy and Sporting Goods, Triple Crown Sports, Inc., Metuchen Center, Inc., LeeZar Sporting Goods, and Legacy Sports, Inc. that did not identify brands or manufacturers being bid are nonresponsive and must be rejected; and

WHEREAS, the bid specifications require that vendors provide literature and/or brochures for all “equivalent” items being bid and that failure to provide literature would be cause for the rejection of that item; and

WHEREAS, Legacy Sports, Inc. did not provide literature or brochures for any “equivalent” items being bid, therefore all items that offered an equivalent are nonresponsive and must be rejected; and

WHEREAS, the bid specifications state that additional charges for larger sizes of clothing will not be accepted; and

WHEREAS, Riddell/All American bid several items with an additional charge for larger sizes, therefore their bid for those items are nonresponsive and must be rejected; and

WHEREAS, the bid specifications require that screen set-up charges for numbers on t-shirts are not to be bid “per shirt”; and

WHEREAS, Metuchen Center, Inc. bid screen set-up charges for numbers on t-shirts as “per shirt,” therefore their bid for those items with numbers on t-shirts is nonresponsive and must be rejected; and

WHEREAS, the bid submitted by School Specialties in Lancaster, Pennsylvania, was not submitted on the Bid Proposal Form and none of the five mandatory forms were included with their proposal, which is a non-curable and non-waivable defect, therefore their entire bid must be rejected; and

WHEREAS, R&R Trophy and Sporting Goods in North Arlington, New Jersey, BSN Sports in Jenkintown, Pennsylvania, Triple Crown Sports, Inc. in Old Bridge, New Jersey, Riddell/All American in North Ridgeville, Ohio, Metuchen Center, Inc. in Sayreville, New Jersey, LeeZar Sporting Goods in Caldwell, New Jersey, and Legacy Sports, Inc. in Ocala, Florida, are the lowest responsive and responsible bidders for the items and prices shown on the attached Notification of Award for a one-year term.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the rejection of, and hereby rejects, the individual items bid by the various vendors as noted above for not being in compliance with the mandates of the bid specifications.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #20-A (Sporting Goods) to R&R Trophy and Sporting Goods, BSN Sports, Triple Crown Sports, Inc., Riddell/All American, Metuchen Center, Inc., LeeZar Sporting Goods, and Legacy Sports as noted above and on the attached Notification of Award for the term January 1, 2019 - December 31, 2019.

13. Authorizing an Increase of $6,000.00 to an Award of a Professional Services Agreement to Appruzzese, McDermott, Mastro & Murphy for Police General Legal, Hearings, and Police Contract Negotiations Services for the 2018 Calendar Year—Not to Exceed New Total of $32,000.00

R-339-18

WHEREAS, the Township of Randolph (“Township”) requires Police General Legal, Hearings and Police Contract Negotiations services for the 2018 calendar year; and

WHEREAS, a professional services agreement was awarded on January 1, 2018 via R 11-18 to Apruzzese McDermott Mastro & Murphy located at PO Box 112, 25 Independence Blvd #112, Liberty Corner, NJ 07938 to provide the necessary Police General Legal, Hearings and Police Contract Negotiations services for a total amount not to exceed $26,000; and

WHEREAS, additional legal services in the amount of $6,000 are anticipated to be needed for the remainder of the year; and

WHEREAS, the term of this contract is for the 2018 calendar year; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Apruzzese McDermott Mastro & Murphy has already submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, the Chief Financial Officer has certified that there are funds available for the increase of this professional services agreement from account #01-201-25-240-305; 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 increases the awarded amount of the professional services agreement to Apruzzese McDermott Mastro & Murphy by $6,000 from $26,000 to $32,000 for Police General Legal, Hearings and Police Contract Negotiations services for the remainder of the 2018 calendar year.
Apruzzese McDermott Mastro & Murphy shall be compensated for a total contract amount not to exceed $32,000.
The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township, are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 29, 2018

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Darren Maloney, Director of Finance for the Township of Randolph, have ascertained that funds will be available in the 2018 General Budget, Police O&E, to award an amending contract to Apruzzese McDermott Mastro and Murphy for police department legal services.

Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-25-240-305 (not to exceed $6,000)

14. Authorizing Contracts with an Additional Approved Vendor Under the Educational Services Commission of New Jersey Cooperative Pricing System

R-340-18

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

WHEREAS, the Township of Randolph on March 1, 2018 via R 77-18 authorized contracts with certain approved ESCNJ Contract Vendors and on May 17, 2018 via R 117-18 and again on July 26, 2018 via R 207-18 authorized additional approved ESCNJ Contract Vendors; and

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

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

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

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

BE IT FURTHER RESOLVED that the governing body of the Township of Randolph pursuant to N.J.A.C. 5:30-5.5(b) regarding the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized Purchase Order; and

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

15. Authorizing Appropriation Transfers per N.J.S.A. 40:4-58—$83,400.00

R-341-18

WHEREAS, per N.J.S.A. 40A:4-58 a municipality may during the last two months of a fiscal year transfer amounts from appropriations where there are excess balances to appropriations that are deemed to have insufficient balance; and

WHEREAS, there is a need to transfer amounts from the following appropriations with excess balances to the following appropriations that are deemed to have insufficient balances:

APPROPRIATION	FROM	TO
Finance S & W	$10,000
Engineer S & W	$3,000
Planning O & E	$10,000
Group Insurance O & E	$52,400
Water/Sewer Operations S &W	$8,000
Revenue S & W		$7,700
Recycling O & E		$55,000
DCRP O&E		$4,500
Public Defender O & E		$8,200
Water/Sewer Administration S & W		$7,000
Water/Sewer Pump Station Natural Gas (Utility)		$1,000
TOTAL	$83,400	$83,400

NOW, THEREFORE BE IT RESOLVED, by the Randolph Township Council, County of Morris, State of New Jersey that the above appropriation transfers be made.

16. Authorizing Premium Payment Turned Over to the Treasurer—Tax Sale Certificate #1976 for Block 71, Lot 18, 42 High Avenue—$30,100.00

R-342-18

WHEREAS, Tax Sale Certificate #1976 was issued at the Tax Sale held on October 22, 2013 with zero percent redemption and a premium of $30,100.00 on Block 71 Lot 18 also known as 42 High Avenue; and

WHEREAS, N.J.S.A. 54:5-33 states that if redemption is not made within five years from the date of the sale the premium payment shall be turned over to the Treasurer of the Municipality; and

WHEREAS, Tax Sale Certificate #1976 was five years from the date of Tax Sale on October 22, 2018, therefore, the premium in the amount of $30,100.00 is to be turned over to the Treasurer;

NOW, THEREFORE BE IT RESOLVED, by the Town Council of the Township of Randolph that this Governing Body acknowledges that the premium for Tax Sale Certificate #1976 in the amount of $30,100.00 be turned over to the Treasurer.

17. Authorizing Premium Payment Turned Over to the Treasurer—Tax Sale Certificate #1987 for Block 42, Lot 87, 9 Georgian Road—$1,000.00

R-343-18

WHEREAS, Tax Sale Certificate #1987 was issued at the Tax Sale held on October 22, 2013 with zero percent redemption and a premium of $1,000.00 on Block 42 Lot 87 also known as 9 Georgian Road; and

WHEREAS, N.J.S.A. 54:5-33 states that if the lien holder forecloses the certificate the premium payment shall be turned over to the Treasurer of the Municipality; and

WHEREAS, Tax Sale Certificate #1987 was foreclosed by the lien holder on September 24, 2018, therefore the premium in the amount of $1,000.00 is to be turned over to the Treasurer;

NOW, THEREFORE BE IT RESOLVED, by the Town Council of the Township of Randolph that this Governing Body acknowledges that the premium for Tax Sale Certificate #1987 in the amount of $1,000.00 be turned over to the Treasurer.

18. Authorizing the Tax Collector to Cancel Lien Redeemed by Guido and Leticia Pippa on Block 44, Lost 51.03, 961 Rte. 10—$4,127.67

R-344-18

WHEREAS, Tax Sale Certificate #18-08 held by the Township of Randolph, and assessed to Guido & Leticia Pippa known as, Block 44, Lot 51.03 and also known as 961 Route 10 and;

WHEREAS, The above mentioned Tax Sale Certificate has been redeemed by Guido & Leticia Pippa. The redemption includes all open principal and interest in the amount of $4,127.67.

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

19. Authorizing the Tax Collector to Cancel Lien Redeemed by B&B Associates, C/O US Land Resources on Block 101, Lot 4, 1204 Sussex Tpke.—$12,396.36

R-345-18

WHEREAS, Tax Sale Certificate #18-20 held by the Township of Randolph, and assessed to B & B Assoc. C/O US Land Resources known as, Block 101, Lot 4 and also known as 1204 Sussex Tpke.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Oritani Bank representing the owner B & B Assoc. C/O US Land Resources. The redemption includes all open principal and interest in the amount of $12,396.36.

20. Refund Tax Sale Certificate for Block 195, Lot 11, 242 South Salem Street to Four Corners Capital—$3,185.98

R-346-18

WHEREAS, Tax Sale Certificate #18-39 held by Four Corners Capital, and currently assessed to Cubesmart LP PTA-CS#592 and known as, Block 195, Lot 11 and also known as 242 S Salem St.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Cubesmart LP PTA-CS#592. the current owner of the said property. The redemption includes principal and interest in the amount of $1,085.98. There is also a premium in the amount of $2,100.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $3,185.98 to Four Corners Capital, 21 Knollwood Drive, Morristown, NJ 07960 the lien holder of Tax Sale Certificate #18-39.

21. Refund Tax Sale Certificate #18-16 for Block 73, Lot 4, 413 Quaker Church Rd. to Jing Yang—$3,702.31

R-347-18

WHEREAS, Tax Sale Certificate #18-16 held by Jing Yang, and currently assessed to Rustem Atik and known as, Block 73, Lot 4 and also known as 413 Quaker Church Rd.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Rustem Atik the owner of the property. The redemption includes principal and interest in the amount of $1,102.31. There is also a premium in the amount of $2,600.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $3,702.31 to Jing Yang, 628 N Butrick St, Waukegan, IL 60085 the lien holder of Tax Sale Certificate #18-16.

22. Refund Tax Sale Certificate for Block 56, Lot 6, 63 Hilltop Drive to MTAG Cust for Cazenovia Creek Funding II, LLC—$4,355.45

R-348-18

WHEREAS, Tax Sale Certificate #18-15 held by MTAG cust for Cazenovia Creek Funding II, LLC, and currently assessed to Anthony G. Litterio and known as, Block 56, Lot 6 and also known as 63 Hilltop Dr.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Anthony G. Litterio the current owner of the said property. The redemption includes principal and interest in the amount of $1,155.45. There is also a premium in the amount of $3,200.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $4,355.45 to MTAG cust for Cazenovia Creek Funding II, LLC, 111 Coleman Blvd.—Suite 400, Mt. Pleasant, SC 29464 the lien holder of Tax Sale Certificate #18-15.

23. Refund Tax Sale Certificate #18-33 for Block 149, Lot 7, 2 Wooded Hill Lane to Sunshine St. Cert VII/UnitedBank TTE—$49,567.61

R-349-18

WHEREAS, Tax Sale Certificate #18-33 held by Sunshine St Cert VII/BankUnited TTE, and currently assessed to Paul & Judit Radler and known as, Block 149, Lot 7 and also known as 2 Wooded Hill Lane.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed by Angelo Dattolo the attorney representing the Radlers in the sale of the property. The redemption includes principal and interest in the amount of $19,067.61. There is also a premium in the amount of $30,500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, acknowledges that the Tax Collector redeem and refund the total amount of $49,567.61 to Sunshine St Cert VII/UnitedBank TTE, 7900 Miami Lakes Dr. West, Miami Lakes, FL 3316 the lien holder of Tax Sale Certificate #18-33.

24. Refund Overpayment of Taxes by Reason of Tax Exempt Status of Church for Connect Church, Inc., Block 76, Lot 56, 6 Emery Avenue—$19,185.08

R-350-18

WHEREAS, Connect Church Inc. has overpaid taxes for 2018 by reason of tax exempt 15D , Church status in the total amount of $19,185.08 (tax $19,099.09 & interest $85.99) on Block 76, Lot 56, 6 Emery Avenue; and

WHEREAS, this overpayment must be refunded to Connect Church Inc. since they are totally tax exempt as determined by the Tax Assessor effective January 1, 2018.

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 $19,185.08 to Connect Church Inc.

25. Refund Remaining Escrow Funds for Block 76, Lots 7 & 8, 714 Rte. 10 to Dickerson Dental Group—$57.38

R-351-18

WHEREAS, the Planning and Zoning Department received escrow funds from Dickerson Dental Group, LLC, 714 Route 10, Block 76 Lots 7 & 8, and in the amount of $7,455.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

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 Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $57.38 plus interest be refunded to Dickerson Dental Group, LLC, 714 Route 10, Randolph, NJ 07869.

Darren Carney, Planning & Zoning Administrator
Date:

26. Refund Remaining Escrow for Block 119, Lot 102.01, 15 West Hanover Avenue to Seneca Heights, LLC—$999.00

R-352-18

WHEREAS, the Planning and Zoning Department received escrow funds from Seneca Heights, LLC, 15 W. Hanover Avenue, Block 119 Lot 102.01, and in the amount of $4,000.00; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

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 Darren Carney, Planning and Zoning Administrator the remaining escrow funds in the amount of $999.00 be refunded to Seneca Heights, LLC, 109 Union Grove Road, Far Hills, NJ 07931.

Darren Carney, Planning & Zoning Administrator
Date:

27. Refund Remaining Escrow Fees for the Review of Water System Improvements Related to the Ridge at Randolph Subdivision to Harvey Caplan—$9,230.34

R-354-18

WHEREAS, the Water & Sewer Department received escrow funds from Harvco Construction in the amount of $10,000.00 for the review of water system improvements related to the Ridge at Randolph Subdivision; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments due.

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 Ralph Carchia, Engineering/Water& Sewer Administrator that the remaining escrow funds in the amount of $9,230.34 be refunded to Mr. Harvey Caplan at 23 Loantaka Lane North, Morristown, NJ 07960.

28. Release of Performance Bond in the Amount of $176,880.00 and the Cash Bond in the Amount of $19,653.36 for Block 76, Lot 7 & 8 to Dickerson Dental Group, LLC for 714 Route 10, Block 76, Lots 7 & 8

R-355-18

WHEREAS, The Engineering Department has a received a request from Dickerson Dental Group, LLC, for the release of the Performance Bond, No. 1168523, in the amount of $176,880.00, issued by Selective Insurance Company of America, and their cash bond in the amount of $19,653.36, plus accrued interest, for the work associated with their site plan on Block 76, Lots 7 and 8; and

WHEREAS, all work has been satisfactorily completed and it is recommended by the Engineering Department that the Performance Bond No. 1168523 and cash bond, plus accrued interest be released; and

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of Randolph that the Performance Bond, No. 1168523, in the amount of $176,880.00, issued by Selective Insurance Company of America, be released, along with cash bond in the amount of $19,653.36 to Dickerson Dental Group, LLC; and

BE IT FURTHER RESOLVED, that the Township Engineer shall be directed to require the developer to post a maintenance guarantee of 15% of the private site improvements per New Jersey P.L. 2017, Chapter 312.

29. Release Remaining Escrow Funds Plus Accrued Interest in the Amount of $18,622.37 and the Landscaping-Tree Cash Bond in the Amount of $3,000.00 to E&B Construction, c/o Dickerson Dental, LLC for 714 Route 10, Block 76, Lots 7 & 8

R-356-18

WHEREAS, the Engineering Department received escrow funds from Dickerson Dental Group, LLC, 714 Route 10, Block 76 Lots 7 & 8, and in the amount of $18,622.37; and

WHEREAS, the Engineering Department also received a check in the amount of $3,000.00 to serve as the landscaping/tree cash bond; and

WHEREAS, the project has been completed and closed out and there are no outstanding payments or work to be completed.

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 the Township Engineer, Paul Ferriero, that the remaining escrow funds in the amount of $18,622.37, plus accrued interest, and the landscaping/tree cash bond in the amount of $3,000.00, be refunded to E&B Construction, c/o Dickerson Dental LLC, 714 Route 10, Randolph, NJ 07869.

30. Cancelling Unused Balances in Ordinances #09-15 and #10-16 for Dedicated Sussex Turnpike Waterline Projects—$344,528.87

R-357-18

WHEREAS, certain balances in Ordinances #09-15 and #10-16 remain dedicated to two Sussex Turnpike Waterline Projects; and

WHEREAS, the Water and Sewer/Engineering Administrator has determined that both projects associated with these ordinances are complete; and

WHEREAS, these balances have been funded by permanent financing (bonds); and

WHEREAS, it is necessary to formally cancel these balances for a total of $344,528.87:

WHEREAS, these cancelled balances will be moved to a Reserve to Pay Debt Service that will pay future water department debt service.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Township Council, Township of Randolph, County of Morris, State of New Jersey that the Finance Director is instructed to cancel any unexpended balances in Ordinances #09-15- Sussex Turnpike Waterline Project ($142,705.64) and #10-16—Sussex Turnpike Waterline Project ($201,823.23) for a grand total of $344,528.87.

NOW THEREFORE BE IT FURTHUR RESOLVED, that this balance of $344,528.87 be moved to a Reserve to Pay Debt Service that will be utilized to pay for future water department debt service.

31. Raffle License, On-Premise 50/50, Ironia Elementary School PTO, 303 Dover Chester Road on February 9, 2019 (snow date: February 10, 2019) from 10:00 a.m. to 4:00 p.m.

32. Raffle License, Tricky Tray, Ironia Elementary School PTO, 303 Dover Chester Road on February 9, 2019 (snow date: February 10, 2019) from 10:00 a.m. to 4:00 p.m.

33. Raffle License, On-Premise 50/50, Music Boosters Club of West Morris Mendham High School at Meadow Wood Manor, 461 Rte 10 E., Randolph on February 8, 2019 from 6:00 p.m. - 10:00 p.m.

34. Raffle License, Off-Premise 50/50, St. Matthew the Apostle Parish, 335 Dover Chester Road on May 12, 2019 at 12:00 p.m.

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

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

NAYS: None

H. UPCOMING EVENTS

Holiday Open House, Randolph Museum on Millbrook Avenue, Saturday, December 1st from 12:00 p.m. to 4:00 p.m.
Holiday Tree Lighting, Saturday, December 1st at 6:45 p.m. at the Randolph Community Center, 30 Calais Road
Menorah Lighting, Randolph Community Center, 30 Calais Road, on Wednesday, December 5th from 5:30 p.m. - 8:00 p.m.
Randolph Area Chamber of Commerce Holiday Luncheon at LaStrada Restaurant, Thursday, December 6th at 11:45 a.m. Bring $20 Walmart or Shop Rite gift card and Nisivoccia, LLP will buy you lunch
Operation Appreciation—assembly of care packages at Brighton Cromwell, 111 Canfield Avenue, Bld C., Saturday, December 8th from 9:00 a.m. - 12:00 p.m.
Library Event—Broadway veteran Karen Luschar: Mistletoe & Holly, Sunday, December 9th at 2:00 p.m. Registration required.
Senior Holiday Luncheon, Randolph Community Center, on Tuesday, December 11th from 12:00 p.m. - 2:30 p.m.
Recreation Volunteer Awards, Randolph Community Center, on Tuesday, December 11th at 6:30 p.m.; RSVP to .(JavaScript must be enabled to view this e-mail address)
Employee Appreciation Breakfast, Wednesday, December 12th, in the Municipal Building Lobby at 9:00 a.m.
2019 Reorganization Meeting, Thursday, January 3rd, at the Municipal Building; light dinner served at 6:00 p.m. followed by reorganization meeting at 7:00 p.m.
Volunteer Appreciation Dinner at the Community Center, 30 Calais Road, on Wednesday, January 16th at 6:30 p.m.
Habitat for Humanity, Hearts and Hammers Gala, Saturday, February 23rd at the Meadow Wood Manor from 6:00 p.m. - 11:00 p.m. RSVP by 1/23/19 to morrishabitat.org/gala

I. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance No. 21-18: Amending and Supplementing Sections 15-2.2, and 15-92 of the Code of the Township of Randolph Regarding Performance, Maintenance, and Stabilization Guarantees

Deputy Mayor Loveys noted that the ordinance needed to be corrected in a few places, but none of the items changed the intent of the ordinance as introduced. Deputy Mayor Loveys made a motion to make the following amendments to the ordinance:

Page2, Section 3—it should read 15.92 A(3) & 15.92 A(4)
Page 3, second paragraph—eliminate the words “of the following private site improvements”
Page 4, Section 4—at the end of the sentence, it should read “shall be numbered “E” through “R”.”

Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTIONS 15-2.2, AND 15-92 OF THE CODE OF THE TOWNSHIP OF RANDOLPH REGARDING PERFORMANCE, MAINTENANCE, AND STABILIZATION GUARANTEES” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that the state law has already been changed amending the ability of municipalities to secure certain performance and maintenance guarantees for improvements; this updates the township’s ordinances with the changes to the Municipal Land Use law.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING AND SUPPLEMENTING SECTIONS 15-2.2, AND 15-92 OF THE CODE OF THE TOWNSHIP OF RANDOLPH REGARDING PERFORMANCE, MAINTENANCE, AND STABILIZATION GUARANTEES” 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.

Attorney Ed Buzak stated that he reviewed the amendments; they are not substantial amendments and therefore do not need to be re-advertised before the Council considers final adoption. There is also a memo from the Planning Board that recommended the ordinance be adopted by the Council.

Councilman Napoliello made a motion to accept the ordinance as amended. Deputy Mayor Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance No. 23-18: An Ordinance Amending Sections 15-2.2, 15-50.2, 15-43.9, 15-43.21, and 15-81.2 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING SECTIONS 15-2.2, 15-50.2, 15-43.9, 15-43.21, AND 15-81.2 OF THE LAND DEVELOPMENT ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this ordinance amends sections of the township’s Land Development ordinances pertaining to signs and site plan exemptions for houses of worship; the changes were recommended by the Board of Adjustment in their annual report and reviewed by the Council at an earlier meeting.

OPEN TO THE PUBLIC

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

BE IT RESOLVED, that an Ordinance entitled, “AN ORDINANCE AMENDING SECTIONS 15-2.2, 15-50.2, 15-43.9, 15-43.21, AND 15-81.2 OF THE LAND DEVELOPMENT ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.

Attorney Ed Buzak stated that there was a memo issued by the Planning Board finding it not inconsistent with the master plan; they recommended adoption of the ordinance.

Councilman Guadagno made a motion to accept the ordinance. Councilman Tkacs seconded the motion, and the following roll call vote was taken:

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

NAYS: None

J. DISCUSSION ITEMS

1. Best Practices

Mayor Forstenhausler explained that all Council members were given a Best Practices Worksheet to review.

Manager Mountain explained that for the last several years the Department of Community Affairs has required every municipality in New Jersey to complete a Best Practices Worksheet; the majority of the questions pertain to financial practices. They have tied the number of positive answers the municipality has to the application of state aid. Randolph has rated very highly each year. Every year the state includes some new questions; some questions do not pertain to Randolph. He and Darren Maloney reviewed it; they will send it to the state in the next week or two. As they do every year, they answered no to the question about fixed assets, and explained the reason. There were a few questions in which they answered “prospective”; this means that it is most likely a new question where it’s not something the township is doing presently, but will work toward the goal in the coming year. The state will not penalize the township for answering prospectively. If the Council members have questions after the meeting, they can contact Manager Mountain.

Councilman Tkacs noted that the forms indicate there is a color key at the bottom, and asked for clarification on the colors. Darren Maloney explained that it was inadvertently cut off of the bottom of the handout. The colors represent questions that were asked in previous years, those that are new questions. Manager Mountain stated that he would email the Council with the color key.

Mayor Forstenhausler asked Darren Maloney if there was anything specific he wanted to explain to the Council before answering individual questions. Darren explained that some questions do not related to the Manager-Council form of government, and this year the questions are geared for trying to help urban areas. Darren stated that the township is getting 100% state aid, and he’s satisfied.

Councilwoman Carey stated that she remembered there being a final score based on the way the questions were answered, and asked if that was changed. Manager Mountain believed that was also cut off of the handouts; he will send that out to the Council as well. The Manager stated that the township did score very favorably.

K. OPEN TO THE PUBLIC

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

L. COUNCIL COMMENTS

Councilwoman Veech reported that the community garden subcommittee will be meeting on December 3rd.

Councilwoman Veech also reported that the TransOptions meeting and survey will likely bring something very good to the community. She thanked residents Ella Ravin and Gerlando Termini who participated in the meeting.

Councilman Tkacs attended the Planning Board meeting, but there was nothing to report. He attended the Wildlife Advisory Committee meeting; another resident had a dog taken by a coyote. One of the hunters at the meeting said he has seen more coyotes in the area than ever before.

There was a brief discussion on the coyote season overlapping with the deer hunting season. Manager Mountain stated that hunters are allowed to hunt coyotes; however, hunters have explained that coyotes are very difficult to hunt.

Councilman Tkacs attended the Traffic Advisory Committee (TAC) meeting; the issue of putting cameras on the school buses due to cars passing stopped buses was discussed. A resident attended the meeting to address the issue of speeding on Millbrook Avenue. Councilman Tkacs explained the many different speed limits on Millbrook Avenue; the TAC discussed it, but does not yet have a recommendation.

Councilman Tkacs attended the fire house inspection; it was a valuable presentation. He also attended the VFW Veterans Day ceremony.

Councilwoman Carey also attended the fire house inspection; she liked the way the program was done. She also felt the VFW Veterans Day ceremony was well done.

Councilwoman Carey attended the League of Municipalities conference; there were a lot of sessions on the legalization of marijuana and opioid abuse.

Deputy Mayor Loveys attended the Recreation Committee meeting; Russ Newman reported on the success of the Trunk or Treat program, there were over 130 cars. Deputy Mayor Loveys reported on the capital improvement projects that were underway and addressed at the meeting.

Deputy Mayor Loveys reported that the new Athletic Director at Randolph High School, Dave Hutchinson, attended the Recreation Committee meeting. The members and Russ Newman were pleased as it demonstrated that the schools want to work with the Recreation Department in terms of facility and field usage.

Mayor Forstenhausler reported that the fire department dinner was great; he commended the VFW on their willingness to sponsor events at their post. The VFW Veterans Day ceremony was well attended.

Mayor Forstenhausler reported that the League of Municipalities was excellent. He was able to speak with the gentleman from the State of New Jersey who is in charge of economic development for small businesses. The Mayor got his card and will work with the township’s Economic Development Committee (EDC) to have him or one of his representatives talk to the small businesses about what assistance is available from the state. He also talked to them about opportunities the state has to work with municipalities and movie studios; he will also mention that to the EDC.

The Mayor thought the Diwali celebration was great. He also reported that there were several Eagle Scouts this year from Troop 50.

Mayor Forstenhausler attended the Municipal Alliance Committee (MAC) meeting; a presentation was given about a bicycling program that the MAC is supporting.

Deputy Mayor Loveys stated that he will not be able to attend the next Council meeting. He thanked Councilmen Guadagno and Napoliello for their years of dedication and service to the community. He also thanked Mayor Forstenhausler for his effort and commitment as mayor for the past year.

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:

1. Ed Buzak—Update Jersey City—RVRSA Litigation
2. Teamsters Negotiation—Update
3. Schedule on COAH (added by Attorney Buzak)

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

4. At the conclusion of the Executive Session, the Council may or may not reconvene in public session for the purpose of taking formal action.

Councilman Guadagno made a motion to move into Executive Session at 8:40 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to close the Executive Session at 9:15 p.m. Deputy Mayor Loveys seconded the motion, and the following roll call vote was taken:

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

NAYS: None

N. ADJOURNMENT

Councilwoman Veech made a motion to adjourn the meeting at 9:15 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None