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

Minutes: November 5, 2015

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 Veech. 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 19, 2014, by emailing them the annual resolution adopted by the Council on December 4, 2014. 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 24, 2014.

2. Roll Call

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

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

3. Pledge of Allegiance

Mayor Veech led the Pledge of Allegiance.

B. APPOINTMENTS

1. Appointing Student Liaison to the Economic Development Committee—Emma Baxter

Councilman Forstenhausler made a motion to appoint Emma Baxter to the Economic Development Committee. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Appointing Student Liaison to the Traffic Advisory Committee—Gavin Renken

Councilman Loveys made a motion to appoint Gavin Renken to the Traffic Advisory Committee. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

C. OPEN TO THE PUBLIC

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

D. MANAGER’S REPORT

The Manager reported the following:

He and Mayor Veech met with a majority of the religious leaders in the community. The meeting was very positive and constructive; topics discussed included how to partner for storm preparedness and response, and strengthening inter-faith relationships and developing a unified message to support religious diversity and tolerance in the community. As a result, a formal emergency contact and resource list is being created, as well as a list of facilities and resources the institutions have in the event of a township-wide emergency. The religious leaders will also follow up with one another to develop a more formal clergy council in which they can discuss inter-faith and community issues. They will also work to prepare a unified and educational presentation at the Community Wellness Day.
He, the Council committee, and Chief Stokoe met with representatives of RTSP to review the recent incident of the young man taking his life at the facility. The representatives in attendance reviewed the incident, their operating procedures and safety protocol, as well as the actions taken since the incident. The township representatives felt that the individuals in charge of RTSP continue to demonstrate a great deal of professionalism with regard to the overall facility’s management, as well as to safety and protocol.
Sussex Turnpike Waterline Project—the township’s contractor has started Phase II; the contractor is on schedule to complete the project on or about the last week of December, weather permitting. They are currently ahead of schedule. The work is being conducted at night, Sunday through Thursday; besides having less impact on the area during the day, this also helps to avoid interference with the county contractor so they can also remain on schedule. He and township staff met with residents and business owners regarding the detour and other impacts associated with the work.
He met with Meghan Hunscher, the Executive Director of the Morris County Economic Development Corporation, along with John Ragan and Peter Kenney from the Randolph Economic Development Committee. They discussed how to partner to further Randolph’s economic development needs. He will follow up with some of the suggestions.
Master Plan Re-examination—the committee made up of members of the Council, Planning Board, Zoning Board, and several other committees, as well as township staff have been working under the direction of planning consultant Bob Michaels to review the current Master Plan and determine recommendations as to how it should be updated for the next 6 year cycle. The first item being addressed, due to time sensitivity, is the affordable housing plan. The recommendations from Mr. Michaels and the committee will be included in the legal argument that Ed Buzak and Keli Gallo are making for Judge Hansbury with respect to what is believed the affordable housing needs are and how the township will be addressing that need. In the future, other areas related to the Master Plan will be discussed; one topic to address will be the stimulation of the Sussex Turnpike/Mount Freedom redevelopment area once the improvements are completed. Mr. Michaels is working with Darren Carney, the Manager, and the committee to develop a plan with recommended ordinances for consideration by the Planning Board and the Council. As the committee moves toward the closure of this work, Bob Michaels will present information to the Council on the Mount Freedom redevelopment, as well as the overall Master Plan recommendations. The Manager stated that, prior to Mr. Michaels’ presentation, the members of the Council not on this committee can discuss with him any questions or concerns they have related to the Master Plan.

E. COMBINED ACTION RESOLUTIONS

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

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

NAYS: None

1. Refund Cash Road Opening Bond for the Purpose of Repaving a Driveway at 4 Crest Drive, Block 162, Lot 12 to Michael McDonough—$500.00

R-271-15

WHEREAS, the Engineering Department has received a request from Michael McDonough, for the release of a $500.00 cash road opening bond posted for purpose of repaving the driveway at 4 Crest Dr., Block 162/Lot 12, Randolph; and

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on Sept. 9, 2015; and

WHEREAS, the Applicant was required to post this cash bond to guarantee the driveway paving at 4 Crest Dr., Block1621/Lot 12 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 McDonough, 4 Crest Dr., Randolph, NJ 07869.

2. Refund Overpayment of 2015 Taxes for Block 22, Lot 10 at 31 Sanford Drive to Dmitriy/Anzhelika Braslavskiy—$3,061.60

R-272-15

WHEREAS, Dmitriy/Anzhelika Braslavskiy has overpaid 2015 taxes in the amount of $3,061.60, on Block 22, Lot 10, known as 31 Sanford Drive; and

WHEREAS, it is recommended by the Tax Collector that this payment 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 payment of $3,061.60 to Dmitriy/Anzhelika Braslavskiy.

3. Rejecting the Sole Bid for the Lease of Township Owned Property Known as Block 119, Lot 119 for the Construction, Operation, and Maintenance of New 155 Foot Wireless Communications Monopole and Related Facilities Project

R-273-15

WHEREAS, the Township of Randolph advertised for the Lease of Real Property Owned by the Township of Randolph at 502 Millbrook Avenue, Randolph, NJ also known as Block 119, Lot 119, for the Construction, Operation, and Maintenance of a New 155 Foot Wireless Communications Monopole and Related Facilities project in accordance with Local Public Contracts Law and received bids on October 23, 2015; and

WHEREAS, 1 bid was received; and

WHEREAS, the sole bid was received from the following and for the bid prices listed:

New York SMSA Limited Partnership dba Verizon Wireless, Bedminster, NJ
Lead Bidder (Lease of land for the construction, operation, and maintenance of a new 155 foot wireless communications monopole and related facilities): $42,013
Land Lease Only (Lease of land for placement of communication equipment shelters and/or cabinets): $18,000; and

WHEREAS, the Bid Proposal, Acknowledgement of Revisions and Notices form and the Bidder’s Affidavit form, all mandatory, were not signed by Verizon Wireless; and

WHEREAS, the omission of those fully signed documents is a non-curable, non-waivable defect thus making it mandatory to reject the bid.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the sole bid from New York SMSA Limited Partnership dba Verizon Wireless for the Lease of Real Property Owned by the Township of Randolph at 502 Millbrook Avenue, Randolph, NJ also known as Block 119, Lot 119, for the Construction, Operation, and Maintenance of a New 155 Foot Wireless Communications Monopole and Related Facilities project is hereby rejected due to non-curable, non-waivable defects in the bid package.

4. Requesting the Approval of Items of Revenue and Appropriation for Body Armor Grant—2015—$3,530.99

R-274-15

WHEREAS, NJSA 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item has been made available by law and the amount was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion an item of appropriation for an equal amount,

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Randolph, in the County of Morris, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2015 in the sum of $3,530.99, which is now available from the 2015 NJ State Body Armor Grant Fund in the amount of $3,530.99.

BE IT FURTHER RESOLVED, that the like sum of $3,530.99 is hereby appropriated in the 2015 budget under the caption NJ State Body Armor Grant- 2015; and

BE IT FURTHER RESOLVED, that the above is the result of funds administered by the NJ Division of Criminal Justice in the amount of $3,530.99.

5. Cancellation of Certain Municipal Alliance Grants: Yr 2013 - $7,103.77, Yr 2014 - $4,357.72, Yr 2014 (Supplemental) $2,000

R-275-15

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

GRANT	RECEIVABLE BALANCE	RESERVE BALANCE
2013 Municipal Alliance Program	$7,103.77	$7,103.77
2014 Municipal Alliance Program	$4,357.72	$4,357.72
2014 Municipal Alliance Program - Supplemental	$2,000.00	$2,000.00

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

6. Authorizing 2015 Various Appropriation Transfers—Total of $2,835.62

R-276-15

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

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

APPROPRIATION	FROM	TO
Recreation O & E	$2,835.62
Health Benefit Waiver O & E		$1,799.62
Roxbury Construction Code Official Services-Interlocal Agreement		$1,036.00
TOTAL	$2,835.62	$2,835.62

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

7. Authorizing Rescission Categories B & C of MCCPC Contract #18—Tree Removal, Trimming & Stump Grinding from Andy Matt, Inc.

R-277-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #18 (Tree Removal, Trimming & Stump Grinding Services); and

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

WHEREAS, Categories B and C of Contract #18 (Tree Removal, Trimming & Stump Grinding Services) were awarded by the Randolph Township Council to Andy Matt, Inc., on November 21, 2013, for a two-year period (January 1, 2014 - December 31, 2015); and

WHEREAS, it has come to the attention of the MCCPC that Andy Matt’s New Jersey Business Registration Certificate has been revoked; and

WHEREAS, all vendors for the MCCPC are required to have a valid Business Registration Certificate as noted in N.J.S.A. 52:32-44; and

WHEREAS, Andy Matt, Inc. must be found to be in default of the contract and the award rescinded.

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 finds Andy Matt, Inc., in default and rescinds Categories B and C of Contract #18 (Tree Removal, Trimming & Stump Grinding Services).

8. Authorizing Award of MCCPC Contract #1 for Motor Gas to Allied Oil Co. for Category A and Petroleum Traders Corp. for Category B

R-278-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #1 (Motor Gasoline); and

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #1 (Motor Gasoline); and

WHEREAS, Allied Oil Company in Hillsborough, 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, Petroleum Traders Corporation in Fort Wayne, Indiana, 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 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 #1 (Motor Gasoline) as noted above for the term of January 1, 2016 - December 31, 2016.

9. Authorizing Award of MCCPC Contract #2 for #2 Fuel Oil to Allied Oil Co.

R-279-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #2 (#2 Fuel Oil); and

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received for Contract #2 (#2 Fuel Oil); and

WHEREAS, Allied Oil Company in Hillsborough, 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 #2 (#2 Fuel Oil) as noted above for the term of January 1, 2016 - December 31, 2016.

10. Authorizing Award and Rejection of MCCPC Contract #5 for Paving Materials for Various Categories

R-280-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #5 (Paving Materials); and

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #5 (Paving Materials); and

WHEREAS, Tilcon New York in Wharton, New Jersey, was the apparent low bidder for Category I for the North Region however their bid was non-responsive as they took exception to the bid specifications and their bid for Category I, North Region, must be rejected; and

WHEREAS, Stavola Asphalt Company in Tinton Falls, New Jersey, was the lowest responsive and responsible bidder for Categories I and II, South Region, for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, Tilcon New York in Wharton, New Jersey, was the lowest responsive and responsible bidder for Category II in the North Region 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 proposal from Tilcon New York for Category I, North Region, as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #5 (Paving Materials) as noted above for the term of January 1, 2016 - December 31, 2016.

11. Authorizing Award of MCCPC Contract #7—Drainage Pipe to Campbell Foundry Co.

R-281-15

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

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, four (4) bids were received for Contract #7 (Drainage Pipe); and

WHEREAS, Campbell Foundry Company in Harrison, 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 #7 (Drainage Pipe) as noted above for the term of January 1, 2016 - December 31, 2016.

12. Authorizing Award of MCCPC Contract #8—Anti-Freeze to Bi-Lo Industries

R-282-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #8 (Anti-Freeze); and

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #8 (Anti-Freeze); and

WHEREAS, Bi-Lo Industries in Deer Park, 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 authorizes the award of Contract #8 (Anti-Freeze) as noted above for the term of January 1, 2016 - December 31, 2016.

13. Authorizing Award of MCCPC Contract #9 for Crushed Stone, Gravel and Sand to Eastern Concrete Materials and Tilcon New York for Various Categories and Sub-Categories

R-283-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #9 (Crushed Stone, Gravel and Sand); and

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #9 (Crushed Stone, Gravel and Sand); and

WHEREAS, Eastern Concrete Materials in Elmwood Park, New Jersey, is the lowest responsive and responsible bidder for Category I - Sub-Category A and Category II - Sub- Category A, for all three districts for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, Tilcon New York in Wharton, New Jersey, is the lowest responsive and responsible bidder for Category I - Sub-Category C and Category II - Sub-Category C for all three districts for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, no bids were received for Category I - Sub-Category B and Category II - Sub-Category B.

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 #9 (Crushed Stone, Gravel and Sand) as noted above for the term of January 1, 2016 - December 31, 2016.

14. Authorizing Award and Rejection of MCCPC Contract #11 for Motor Oils and Miscellaneous Lubricants to Various Bidders

R-284-15

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 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received for Contract #11 (Motor Oils & Miscellaneous Lubricants); and

WHEREAS, Lubenet in Brooklyn, New York, was the apparent low bidder for Categories E, G and J however their bid was non-responsive as they did not include the mandatory Acknowledgement of Revisions & Notices Form, a non-curable, non-waivable defect, and their bid must be rejected; and

WHEREAS, GH Berlin Windward of East Hartford, Connecticut, was the apparent second lowest bidder for Category J however their bid was non-responsive as they did not sign the mandatory Ownership Disclosure Form, a non-curable, non-waivable defect, and their bid must be rejected; and

WHEREAS, Bi-Lo Industries in Deer Park, New York, was the lowest responsive and responsible bidder for Categories A, B, C, D, F, G, H, I, J, K, N, P, Q, R, S and T for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, David Weber Oil Company in Carlstadt, New Jersey, was the lowest responsive and responsible bidder for Categories E, L and O for the items and prices reflected in the attached Notification of Award for a one-year term; and

WHEREAS, Chemsearch in Irving, Texas, was the lowest responsive and responsible bidder for Category M 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 proposals from Lubenet and GH Berlin Windward as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #11 (Motor Oils & Miscellaneous Lubricants) as noted above for the term of January 1, 2016 - December 31, 2016.

15. Authorizing Award of MCCPC Contract #12 for #2 Ultra-low Sulfur Diesel Fuel to Allied Oil for Category A and Petroleum Traders for Category B

R-285-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #12 (#2 Ultra Low Sulfur Diesel Fuel); and

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #12 (#2 Ultra Low Sulfur Diesel Fuel); and

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Township on behalf of the MCCPC hereby authorizes the award of Contract #12 (#2 Ultra Low Sulfur Diesel Fuel) as noted above for the term of January 1, 2016 - December 31, 2016.

16. Authorizing Award of MCCPC Contract #14—Catch Basins & Manhole Castings to Various Bidders

R-286-15

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 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received for Contract #14 (Catch Basins & Manhole Castings); and

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

WHEREAS, Campbell Foundry Company in Harrison, New Jersey, 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 #14 (Catch Basins & Manhole Castings) as noted above for the term of January 1, 2016 - December 31, 2016.

17. Authorizing Award and Rejection of MCCPC Contract #18—Tree Removal, Trimming and Stump Grinding to Various Bidders

R-287-17

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received for Contract #18 (Tree Removal, Trimming & Stump Grinding Services); and

WHEREAS, Andy Matt in Wharton, New Jersey, was the apparent low bidder for Category B in all three districts, however their New Jersey Business Registration Certificate has been revoked and their bid must be rejected; and

WHEREAS, Tree King in Landing, New Jersey, was the lowest responsive and responsible bidder for Categories A, B and C in all three districts for the items and prices reflected in the attached Notification of Award for a two-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 on behalf of the MCCPC hereby authorizes the rejection of the bid submitted by Andy Matt as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #18 (Tree Removal, Trimming & Stump Grinding Services) as noted above for the term of January 1, 2016 - December 31, 2017.

18. Authorizing Award of MCCPC Contract #16 for Office Supplies to Various Bidders

R-288-15

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

WHEREAS, bids had been advertised and received on October 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #16 (Office Supplies); and

WHEREAS, WB Mason in Brockton, Massachusetts, was the responsive and responsible bidder offering the highest discount for the following categories:

Category A (Office Supplies—Day-to-Day Used Supplies)—62.7%
Category B (Art & Drafting Supplies)—53.1%
Category C (Computer Related Supplies)—40.1%
Category E (Food Service Supplies)—48.1%

and

WHEREAS, The Office Concepts Group in Midland Park, New Jersey, was the responsive and responsible bidder offering the highest discount for the following categories:

Category D (Miscellaneous Office Equipment)—45.8%
Category F (Office Furniture): Hon Furniture—55.3%
Global Furniture—58.9%
Lorrell Furniture—61.1%
Category G (First Aid & Healthcare)—69.5%
Category H (All Other Catalog Items)—49.0%

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 #16 (Office Supplies) as noted above for the term of January 1, 2016 - December 31, 2016.

19. Authorizing Award of MCCPC Contract #21—Oil and Stone Treatment to Morris Asphalt Company

R-289-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #21 (Oil and Stone Treatment); and

WHEREAS, bids had been advertised and received on October 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received for Contract #21 (Oil and Stone Treatment); and

WHEREAS, Morris Asphalt Company in Lafayette, 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 #21 (Oil and Stone Treatment) as noted above for the term of January 1, 2016 - December 31, 2016.

20. Authorizing Award and Rejection of MCCPC Contract #23—Police Uniforms and Equipment to Various Bidders

R-290-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #23 (Police Uniforms and Equipment); and

WHEREAS, bids had been advertised and received on October 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #23 (Police Uniforms and Equipment); and

WHEREAS, Atlantic Tactical in New Cumberland, Pennsylvania, was the apparent low bidder for Categories D and E however their bid was non-responsive as they did not include the correct ownership information on the mandatory Ownership Disclosure Form, a non-curable, non-waivable defect, and their bid must be rejected; and

WHEREAS, Universal Uniforms of Morristown, New Jersey, was the lowest responsive and responsible bidder for Categories A, B, C, D and E 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 #23 (Police Uniforms and Equipment) as noted above for the term of January 1, 2016 - December 31, 2016.

21. Authorizing Award of MCCPC Contract #31—Calcium Chloride Bags to Reed & Perrine Sales

R-291-15

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 8, 2015, in accordance with Local Public Contracts Law; and

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

WHEREAS, Reed & Perrine Sales in Tennent, 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 #31 (Calcium Chloride Bags) as noted above for the term of January 1, 2016 - December 31, 2016.

22. Authorizing Award of MCCPC Contract #33—Clay for Athletic Fields to Tri-State Materials—$39.65 Per Ton

R-292-15

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 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received for Contract #33 (Clay for Athletic Fields); and

WHEREAS, Tri-State Materials (dba GreenPro Materials) in Bound Brook, New Jersey, was the lowest responsive and responsible bidder at the price of $39.65/ton 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 #33 (Clay for Athletic Fields) as noted above for the term of January 1, 2016 - December 31, 2016.

23. Authorizing Award of MCCPC Contract #36—Traffic Striping on Roadways to Denville Line Painting

R-293-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #36 (Traffic Striping on Roadways); and

WHEREAS, bids had been advertised and received on October 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, two (2) bids were received for Contract #36 (Traffic Striping on Roadways); and

WHEREAS, Denville Line Painting in Rockaway, 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 #36 (Traffic Striping on Roadways) as noted above for the term of January 1, 2016 - December 31, 2016.

24. Authorizing Award of MCCPC Contract #38—Preventative Maintenance-Repair of Communications Equipment-Communications Specialists in East Brunswick

R-294-15

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 8, 2015, 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) as noted above for the term of January 1, 2016 - December 31, 2016.

25. Authorizing Award of MCCPC Contract #39—Finishing Trophies & Plaques—TJ’s Sportwide Trophy & Awards

R-295-15

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Contract #39 (Furnishing Trophies & Plaques); and

WHEREAS, bids had been advertised and received on October 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, one (1) bid was received for Contract #39 (Furnishing Trophies & Plaques); and

WHEREAS, TJ’s Sportwide Trophy & Awards in Randolph, New Jersey, offered the highest discounts for the awarded catalogs as 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 #39 (Furnishing Trophies & Plaques) as noted above for the term of January 1, 2016 - December 31, 2016.

26. Authorizing Award of MCCPC Contract #52—Fire Alarms, Sprinklers, Standpipe Systems & Fire Pumps—Protective Measures in Denville

R-296-15

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 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, five (5) bids were received for Contract #52 (Fire Alarms, Sprinklers, Standpipe Systems & Fire Pumps); and

WHEREAS, Protective Measures in Denville, New Jersey, was the lowest responsive and responsible bidder for the items and prices and discounts 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 #52 (Fire Alarms, Sprinklers, Standpipe Systems & Fire Pumps) as noted above for the term of January 1, 2016 - December 31, 2016.

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

R-297-15

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 8, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, three (3) bids were received for Contract #53 (Fencing Materials and Installation); and

WHEREAS, EB Fence in Sicklerville, New Jersey, was the lowest responsive and responsible bidder for Category A for the 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 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 #53 (Fencing Materials and Installation) as noted above for the term of January 1, 2016 - December 31, 2016.

28. Authorizing Award and Rejection of MCCPC Contract #17 for Water Treatment Chemicals—Various Bidders

R-298-15

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 7, 2015, in accordance with Local Public Contracts Law; and

WHEREAS, eleven (11) bids were received for Contract #17 (Water Treatment Chemicals); and

WHEREAS, Atlantic Coast Polymers in Austin, Texas, submitted a bid that is non-responsive as they did not use the Bid Proposal Form and did not submit any of the five mandatory forms, 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 exceptions:

Item #8e—The apparent low bidder (Carus Corporation) required a minimum purchase which is non-compliant with the bid specifications; item awarded to Shannon Chemical
Item #11b—The apparent low bidder (Coyne Chemical) required a minimum purchase which is non-compliant with the bid specifications; this item will not be awarded
Item #12—The apparent low bidder (Coyne Chemical) required a minimum purchase which is non-compliant with the bid specifications; item awarded to Main Pool and Chemical
Item #16—The apparent low bidder (Coyne Chemical) required a minimum purchase which is non-compliant with the bid specifications; the bid by the apparent second low bidder (Atlantic Coast Polymers) must be rejected for the reasons stated above; this item will not be awarded
Item #19—There was no bid for this item
Item #20b—The apparent low bidder (Carus Corporation) required a minimum purchase which is non-compliant with the bid specifications; item awarded to Shannon Chemical

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 rejection of the bid submitted by Atlantic Coast Polymers as stated above.

BE IT FURTHER RESOLVED that the Township Council hereby authorizes the award of Contract #17 (Water Treatment Chemicals) as stated above for the term of January 1, 2016 - December 31, 2016.

29. Authorizing Award of MCCPC Contract #26—Beam Guide Rail & Safety Ends—Installed to Road Safety Systems

R-299-15

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 8, 2015, 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, Road Safety Systems in Vincentown, 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 #26 (Beam Guide Rail & Safety Ends—Installed) as noted above for the term of January 1, 2016 - December 31, 2016.

30. Awarding a Contract for 2015 Leaf Loading, Hauling, and Proper Recycling to Rotondi & Sons, Inc.—Not to Exceed $80,000 from Nov-2015 to Feb-2016 with Option to Extend for 6 Months if Necessary

R-300-15

WHEREAS, the Township of Randolph advertised for the 2015 Leaf Loading, Hauling & Proper Recycling project in accordance with Local Public Contracts Law and received bids on October 28, 2015; and

WHEREAS, 4 bids were received; and

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

Nature’s Choice Corp., Middlesex, NJ—Base Bid: $6.93 per cu. yd.;
RER Supply, LLC, Riverdale, NJ—Base Bid: $7.08 per cu. yd.;
Landscape Materials Inc., Hillsborough, NJ—Base Bid: $11.95 per cu. yd.;
S. Rotondi & Sons, Inc., Summit, NJ—Base Bid: $6.54 per cu. yd.; and

WHEREAS, the Public Works Director and the Purchasing Agent recommend the award of the contract to S. Rotondi & Sons, Inc. as the lowest responsive, responsible bidder; and

WHEREAS, the Township of Randolph desires to award a contract for the 2015 Leaf Loading, Hauling & Proper Recycling to S. Rotondi & Sons, Inc. of Summit, NJ for the contract period of November, 2015 to February, 2016 with the option to extend for six months if necessary; and

WHEREAS, funds for this purpose will be certified through December 31, 2015; and

WHEREAS, any additional funds or any funds needed for services after December 31, 2015 will be certified separately.

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 S. Rotondi & Sons, Inc. of Summit, NJ for the 2015 Leaf Loading, Hauling & Proper Recycling project in the not to exceed amount of $80,000 (price of $6.54 per cubic yard per their bid proposal) (funds certified through December 31, 2015) for the contract period of November, 2015 to February, 2016 with the option to extend for six months if necessary.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 5, 2015

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 2015 Adopted Budget, Recycling O & E, Leaf Removal Services to award a contract to S. Rotondi and Sons for leaf loading, hauling and proper recycling, per its response to a township bid request.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-26-300-302 (not to exceed $80,000)

31. Authorizing the Increase of $6,300 for an Award of Professional Services Agreement to Apruzzese McDermott Mastro & Murphy for Police General Legal, Hearings and Police Contract Negotiations Services—2015—Not to Exceed $28,800

R-301-15

WHEREAS, the Township of Randolph (“Township”) requires Police General Legal, Hearings and Police Contract Negotiations services for the 2015 calendar year; and

WHEREAS, a professional services agreement was awarded on January 1, 2015 via R 11-15 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 $15,000 ($155 per hour); and

WHEREAS, an increase of $7,500 was already approved via R 222-15 on September 3, 2015 making the contract amount $22,500; and

WHEREAS, additional legal services in the amount of $6,300 are anticipated to be needed for the remainder of the year; and

WHEREAS, the anticipated term of this contract is for the 2015 calendar year; and

WHEREAS, Apruzzese McDermott Mastro & Murphy has already submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification should the dollar amount of their contract be amended during the 2015 calendar year and exceed $17,500 and the requirements of the Anti Pay-to-Play Legislation would then apply; and

WHEREAS, there are funds available for the retention of such additional professional services; and

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

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

The Township hereby increases the awarded amount of the professional services agreement to Apruzzese McDermott Mastro & Murphy by $6,300 from $22,500 to $28,800 for Police General Legal, Hearings and Police Contract Negotiations services for the remainder of the 2015 calendar year.
Apruzzese McDermott Mastro & Murphy shall be compensated for a total contract amount not to exceed $28,800 ($155 per hour).
The contract with said firm is for professional services and exempt from the bidding requirements under the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
The award is also subject to compliance with the Equal Employment Opportunity Requirements pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.
The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.
It is hereby directed that Notice of Award of this Contract shall be published once in the official designated newspaper of the Township within ten (10) days of the date hereof.
This Resolution shall take effect immediately.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 5, 2015

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 2015 Adopted Budget, Legal Services O & E, to amend a contract with Apruzzese McDermott Mastro and Murphy for police legal services, per its proposal to the township.

__________________________________
Darren Maloney
Chief Financial Officer
Budget Accounts: 01-201-20-155-303 (not to exceed $6,300)

32. Authorizing the Sale of Surplus Personal Property No Longer Needed for Public Use on an Online Auction Website and-or to Other Governmental Agencies

R-302-15

WHEREAS, the Township of Randolph has determined that the property described on Schedules A, B, C, & D attached hereto and incorporated herein is no longer needed for public use; and

WHEREAS, all bids for the fire truck listed on Schedule A were rejected after the August 29, 2015 auction so the item is being reoffered at this public sale; and

WHEREAS, Lot 12—Lot of Assorted Costume Jewelry (Watches, Earrings, Rings, Necklaces, Bracelets, Pocket Watch)—from the August 29, 2015 auction was paid for but never picked up and per the terms and conditions of the auction if the merchandise is not removed within 5 days of the final removal date, the ownership of the merchandise will revert back to the original Owner/Seller so those items will be reoffered at this public sale; and

WHEREAS, the Local Unit Technology Pilot Program and Study Act (P.L. 2001, c. 30) authorizes the sale of surplus personal property no longer needed for public use through the use of an online auction service; and

WHEREAS, the Township of Randolph intends to utilize the online auction services of USGovBid located at usgovbid.com for most of the items; and

WHEREAS, the sale is being conducted pursuant to the Division of Local Government Services’ Local Finance Notice 2008-9; and

WHEREAS, sales to the United States, the State of New Jersey, another contracting unit, any body politic to which it contributes tax raised funds, any foreign nation which has diplomatic relations with the United States, or any governmental unit in the United States may be without advertisement for Bids or Public Sale; and

WHEREAS, if no bids are received the property may then be sold at private sale without further publication or notice thereof, but in no event at less than the estimated fair value; or the Township of Randolph may if it so elects to reoffer the property at public sale. In addition, if no bids are received and the item has no value, then the item may be destroyed/disposed of in accordance with State regulations; and

WHEREAS, the Township of Randolph may reject all bids if it determines such rejection to be in the public interest. In any such case, the Township of Randolph may re-advertise such personal property for a subsequent public sale. If it elects to reject all bids at a second public sale it may then sell such personal property without further publication or notice thereof at private sale, provided that in no event shall the negotiated price at private sale be less than the highest price of any bid rejected at the preceding two public sales and provided further that in no event shall the terms or conditions of sale be changed or amended.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph in the County of Morris, State of New Jersey, that the Township is hereby authorized to sell the surplus personal property as indicated on Schedules A, B, C, & D on the online auction website: usgovbid.com and/or to other governmental agencies; and

BE IT FURTHER RESOLVED if no bids are received the property may then be sold at private sale without further publication or notice thereof, but in no event at less than the estimated fair value; or the Township of Randolph may if it so elects reoffer the property at public sale; and

BE IT FURTHER RESOLVED that should no bids be received and the item(s) has no value, it may then be destroyed/disposed of in accordance with any applicable State regulations; and

BE IT FURTHER RESOLVED that the Township of Randolph may reject all bids if it determines such rejection to be in the public interest; and

BE IT FURTHER RESOLVED that the terms and conditions of the agreement entered into between USGovBid and the Township of Randolph are available at usgovbid.com and in the Township of Randolph Clerk’s office.

33. Raffle, Off-Premise Merchandise, Randolph Engine Company #5, at 118 West Hanover Ave., Randolph, January 18th at 7:30 p.m.

F. UPCOMING EVENTS

Collection for our U.S. Troops serving overseas—Operation Appreciation from 11/6 - 12/3/15—collection sites are Town Hall and Community Center
Veteran’s Day Ceremony—November 11th at 11:00 a.m.—VFW on Carrell Road
Randolph Rock Stars Event, Randolph Education Foundation and Randolph Rotary—Meadow Wood Manor—Thursday, November 12th from 7:00 p.m. to 10:00 p.m.
Council Only—Annual Fire Inspection on November 14th, starts at Shongum Mtn. at 1:30 p.m. and ends at Shongum Mtn. at 5:00 p.m. followed by dinner at Picatinny Arsenal at 6:00 p.m.
Volunteer Recognition Ceremony—starts at 7:00 p.m. following 6:00 p.m. Council meeting on Thursday, December 3rd
Assembling care packages to be sent to US Troops serving overseas—Brighton Cromwell, 111 Canfield Ave. Building C, Randolph, contact 973-252-4100 to participate
Randolph Museum Holiday Open House—December 5th from 12:00 p.m. to 4:00 p.m.
Holiday Tree Lighting—Saturday, December 5th at 7:00 p.m.—Community Center
Senior Holiday Luncheon—Tuesday, December 8th at 12:00 p.m.—Community Center
Recreation Volunteer Awards—Tuesday, December 8th at 6:30 p.m.—Community Center
Employee Appreciation Breakfast—Wednesday, December 9th at 9:00 a.m.
Reorganization Meeting—Friday, January 1st at 1:00 p.m.
Morris County Freeholders Reorganization Meeting—January 3, 2016

G. ORDINANCES: SECOND READING/PUBLIC HEARING

1. Ordinance #21-15: An Ordinance Supplementing and Amending the Revised Ordinances of the Township of Randolph, Morris County, New Jersey with the Addition of Chapter 48, Towing Services and Amendments to Sections 28-86 and 28-87

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE SUPPLEMENTING AND AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY WITH THE ADDITION OF CHAPTER 48, TOWING SERVICES AND AMENDMENTS TO SECTIONS 28-86 AND 28-87” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that he had sent an email to the Council regarding the meeting with the towing contractors based on the first meeting and publication of the Ordinance. It was felt that feedback from the meeting would make the Ordinance better. Therefore, the Manager asked that the Council vote down this version of the Ordinance because there are revisions that will materially change the Ordinance. A revised Ordinance will be ready for introduction at a future meeting.

OPEN TO THE PUBLIC

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

Deputy Mayor Hirniak made a motion to reject the Ordinance. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance #24-15: An Ordinance Amending Section 15-41.A. Accessory Buildings or Structures, of Article IV, Supplementary Zoning of the Land Development Ordinance of the Township of Randolph to Permit Sheds within Side and Rear Yard Accessory Structure Setbacks

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-41.A, ACCESSORY BUILDINGS OR STRUCTURES, OF ARTICLE IV, SUPPLEMENTARY ZONING OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH TO PERMIT SHEDS WITHIN SIDE AND REAR YARD ACCESSORY STRUCTURE SETBACKS” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that Ordinances #24-15 and #25-15 will need to be carried to the November 19, 2015 Council meeting. On a Land Use Ordinance, the Planning Board has to review it first. The Planning Board has not met since this Ordinance was introduced; they will be meeting prior to the November 19th Council meeting.

Councilman Napoliello made a motion to carry the Ordinance to the November 19, 2015 Council meeting. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

3. Ordinance #25-15: An Ordinance Amending Section 15-90.8 Penalty, of Article VII Administration, Enforcement and Fees of the Land Development Ordinance of the Township of Randolph

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE AMENDING SECTION 15-90.8 PENALTY, OF ARTICLE VII ADMINISTRATION, ENFORCEMENT AND FEES OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

See Manager Mountain’s explanation for Ordinance #24-15, which applies to #25-15 as well.

Councilman Napoliello made a motion to carry the Ordinance to the November 19, 2015 Council meeting. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

4. Ordinance #26-15: An Ordinance Re-appropriating $58,295.13 Proceeds of Obligations Not Needed for Their Original Purposes in Order to Provide for Other Purposes in and by the Township of Randolph

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-APPROPRIATING $58,295.13 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR OTHER PURPOSES IN AND BY THE TOWNSHIP OF RANDOLPH” be read by title on second reading and a hearing held thereon.

Manager Mountain explained that this Ordinance takes funds that were originally appropriated for upgrades to the communications center when the township did its own dispatching, and re-appropriates those funds toward the maintenance and replacement of radios associated with the township now being on the county dispatch system.

OPEN TO THE PUBLIC

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

BE IT RESOLVED that an Ordinance entitled “AN ORDINANCE RE-APPROPRIATING $58,295.13 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO PROVIDE FOR OTHER PURPOSES IN AND BY THE TOWNSHIP OF RANDOLPH” 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 accept the Ordinance. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

H. ORDINANCES: INTRODUCTION

1. Ordinance #22-15: An Ordinance Amending Article IV, Wildlife Feeding of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to Prohibit the Feeding of Unconfined Wildlife on Private Property

Manager Mountain explained that the Ordinance has been discussed by the Council extensively. It will provide for enforcement of no feeding of wildlife on private property; it extends the current prohibition of feeding on public property. The Ordinance includes the amendments that the Council previously discussed. At the request of the Wildlife Management Committee, the one, non-material change, will be to bold the information regarding the exemptions in order to avoid misunderstandings from the residents. Deputy Mayor Hirniak added that at the meeting, the Wildlife Management Committee suggested that when one first reads the Ordinance, it isn’t obvious that this does not apply to feeding when it includes baiting and the legal taking of fish and game. It is apparent in the definition section of the word “feed,” but the committee felt that people would first look in the exceptions area, and when not finding it there, they would think it does not accept that behavior. In order to not make a material change to the Ordinance, the committee recommended that the last sentence for the definition of “feed” be in bold.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING ARTICLE IV, WILDLIFE FEEDING OF CHAPTER 24, HEALTH AND SANITATION, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY, TO PROHIBIT THE FEEDING OF UNCONFINED WILDLIFE ON PRIVATE PROPERTY” 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 3rd of December, 2015 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 with the non-material change, as discussed. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

2. Ordinance #27-15: An Ordinance Amending Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey

Manager Mountain explained that this Ordinance amends the fee schedule; not every fee listed is being amended, the fees which are changing are highlighted on the copies distributed at the meeting. The whole Ordinance has to be listed per protocol.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AMENDING APPENDIX A, FEE SCHEDULE, OF THE REVISED ORDINANCES OF THE TOWNSHIP OF RANDOLPH, MORRIS COUNTY, NEW JERSEY” be introduced, read by title by the Township Clerk and passed on first reading.

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

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

NAYS: None

I. DISCUSSION ITEMS

1. Re-bid—Municipal Cell Tower Project

Manager Mountain explained that in the Combined Action Resolutions, it was required that the bid be rejected due to the single bidder (Verizon) not executing the required documents. Following the acknowledgment that this bid was going to have to be rejected, phone calls were generated to the Manager’s office as well as emails from tower companies. It is likely that the reason only one bid was generated is because at this time, only one of the bidders is interested in this site to build the tower and locate their antenna equipment. Manager Mountain explained that it was clear from the feedback after the bid was rejected that additional bids would’ve been received from tower companies. The decision was made that the original bid sent out was that only FCC carriers would be able to bid. The Manager stated that, before this project is re-bid, the Council should consider that a tower company will move more aggressively to try to find additional carriers for the tower. Carriers are mainly interested in getting their own equipment on the tower; marketing the tower is secondary. There would be more competitive bids on the tower pricing if there was increased competition. Manager Mountain asked the Council to consider removing the restriction of limiting the bid to only FCC licensed carriers. The Manager explained that he has consulted with the technical consultant as well as legal counsel, the lease agreement that is in place, and it was felt that it would give ample control over whoever gets the bid. Manager Mountain stated that if that is not the direction the Council wanted to go, he would suggest at least moving that minimum bid level up equivalent to the amount that the original bid that Verizon came in with. Lastly, if the Council wanted to see this bid awarded in calendar year 2015, then there would need to be a special meeting in December since there would not be enough time for the re-bid prior to the December 3 Council meeting. If needed, the Manager suggested Thursday, December 17th for a special meeting with one topic. Otherwise, it could be awarded at the first meeting in January.

Mayor Veech added the reason that this project was begun was to ensure safety for the fire fighters, police officers, municipal building staff, and school staff, and to have all the various carriers on the cell tower. She stated that the issue of control was one that she had, but Manager Mountain has assured her that there will be the same control, and that using Verizon doesn’t afford the township any better control over the lease.

Councilman Guadagno noted that the Council was never in a hurry to get this done, but they wanted to get it done correctly. He felt waiting a couple of months was acceptable, and he agreed with Mayor Veech on her two points.

There was discussion on the requirements contained in the lease. The Manager stated that he will also discuss with the consultant and Liz Crescibene whether to increase the minimum bid. The Council members unanimously agreed to removing the restriction of only FCC licensed carriers being able to bid, to not needing to have the bid awarded by the end of 2015, and to possibly increase the minimum bid.

J. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road stated that in Ordinance #27-15, there are two typos on page 8. Under Waiver of fees, 3rd item, the line should not be separated, with a box at the end since that would indicate there was a fee. Also, the Legal Notice title on page 8 states “Ordinance No. 26-15” instead of 27-15. Manager Mountain stated that he would have the typos corrected prior to the second reading.

Tom Bontemple of C&L Towing stated that he couldn’t hear what had been said regarding the towing issue; he asked if it was being rewritten. Mayor Veech confirmed that it was.

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

K. COUNCIL COMMENTS

Deputy Mayor Hirniak reported that many of the Council members attended the Casino Night at Fire Company No. 5 on October 24th. He heard from Ron Harmetz that since the event was held later in the month due to construction, there were a lot fewer people in attendance resulting in a money-losing event.

Deputy Mayor Hirniak also reported that he attended the dedication of the new building for the Gottesman RTW Academy on October 25th. He and Congressman Frelinghysen each spoke at the event. The Deputy Mayor gave details of the state of the art facilities.

Deputy Mayor Hirniak reported that he and Mayor Veech attended the Parks Master Plan Steering Committee meeting on October 27th. The Parks Master Plan is about half way through the process. There has been much discussion about Brundage Park, whether to continue the skate park in the future, whether the existing Playhouse is sufficient or if a new facility should be considered. Other discussion items have been the lighting at Heisteins, the 90 acre parcel on Calais Road, and a township pool. There has been a discussion on having more of the trails connect; the committee asked the consultant to provide information on where trails can be connected. There was discussion on the pool as far as the potential arrangements for leasing out certain aspects; the consultant is of the opinion that is a revenue-positive proposal. The committee asked the consultant to provide more information on the pool.

Deputy Mayor Hirniak reported that the Wildlife Management Advisory Committee met on October 28th. Russ Nee is working with the DEP, State Wildlife Fish and Game Committee to provide an information seminar for the public on coyotes in the coming months; bears may also be covered as part of the seminar. The initial deer hunt counts, after approximately one month of the season, during the open permit hunts and the special permit hunts, 50 deer have been taken. Also brought up at the meeting, due to the incident of the boys injured on the trails and the time it took to locate them, two suggestions were made to make for a faster response. One suggestion was to color-code the trails, assign a color to each of the trails and label along the trails with swatches of color. It was also suggested to mark the trail every so often with a particular letter/number combination. For example, a person injured on a trail could then say “I’m on the Green trail, marker B4.” Councilman Loveys stated that years ago there was an Eagle Scout project that had started working on a system to better identify the trails. Mayor Veech added that she has received requests from future Eagle Scouts to do such work and she has referred them to Russ Newman. She stated that the suggestion of better marking the trails has also come up at the Master Plan meeting.

Deputy Mayor Hirniak also reported that he was invited to the Randolph Middle School by Vice Principal LoRicco on October 30th to participate in Project Wisdom. Every day they are broadcasting a brief video on their internal TV channel. The video has a distinguished person reading a positive message for the benefit of the students. The Deputy Mayor read three of the messages. He was encouraged to invite other Council members to do the same by contacting Vice Principal LoRicco. He will also share the invitation with our Assemblyman and State Senator.

Deputy Mayor Hirniak met with the Fire Chiefs; they had interesting ideas for the future of the fire department. Manager Mountain added that the Fire Chiefs will give a presentation to the entire Council, but first wanted to preview their ideas to make sure they were on the right track.

Mayor Veech reported that the EDC meeting for November was cancelled.

Mayor Veech also reported that Monday, November 9th at LaStrada is the “200 Club.” She explained that this club gives money to police officers and fire fighters that have been injured. There is also a fundraiser for former Mayor, Tom MacArthur, on November 9th. If interested in attending either event, let Mayor Veech know.

The Mayor stated that she has been on the Master Plan Committee three times. She explained that because of the infrastructure being approved in the township, and the way new projects are being approached, the current committee is the best she has been a part of. Mayor Veech reported that it looks like there will be a town center in the future. They are currently working on the 2015 Housing Element and Fair Share Plan.

Mayor Veech reported that she was very pleased with the results of the meeting with the clergy leaders in the community.

Mayor Veech also stated that one of the recommendations that came from the meeting with the representatives from the shooting range, was to have the Police Chief in the range at least once per year to look at the layout to familiarize himself. The representatives also provided a copy of their policy manual. The Mayor thanked Councilman Guadagno for suggesting the meeting.

The Mayor reported that resident Lance Tkacs has been appointed to the CCM Board of Trustees.

Mayor Veech asked Keli Gallo to present her research on the smoking ban suggested by resident Judith Stewart. Keli Gallo reported that she looked into the concern of smoking in the entryways of public buildings. She found that it is already prohibited by the state. There is a New Jersey Smoke Free Air Act statute, and pursuant to the state statute there are regulations that can be adopted by the Commissioner of Human Services. Attorney Gallo read, “N.J.A.C. 8:6-2.3 entitled ’Exterior Area of Indoor Public Place or Work Place’, Smoking is prohibited at any exterior area if smoking in the exterior area results in migration, seepage, or recirculation of smoke to any indoor public place or work place.” Attorney Gallo explained that there is an enforcement section, and that enforcement section requires the person having control of the public place to order the person smoking in violation, to stop doing so. If they don’t, they can contact law enforcement for assistance. Judith Stewart asked if this statute also relates to private businesses; Attorney Gallo said it does. Mrs. Stewart clarified with Attorney Gallo that smoking by entryways of public buildings is already prohibited.

L. 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 remaining portion of the meeting.

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

Affordable Housing Update
Discussion on Bond Counsel Re-appointment

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

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

Councilman Guadagno made a motion to move into Executive Session at 8:15 p.m. Councilwoman Carey seconded the motion, and the following roll call vote was taken:

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

NAYS: None

Councilman Guadagno made a motion to close the Executive Session at 8:45 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None

N. ADJOURNMENT

Councilman Forstenhausler made a motion to adjourn the meeting at 8:45 p.m. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

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

NAYS: None