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

Minutes: November 8, 2012

1.1 A regular meeting of the Randolph Township Council was called to order at 5:00 p.m. by Mayor Guadagno. This special 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 Daily Record on November 1, 2012 by e-mailing them the meeting date and time change adopted by the council.

1.3 PRESENT:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

ABSENT: Councilman Obremski

Also Present: Township Manager John Lovell and Keli Gallo from the Law Office of Edward Buzak.

1.4 Mayor Guadagno led the Pledge of Allegiance.

2.0 APPOINTMENTS

There were no appointments.

3.0 RECOGNITION/PROCLAMATION

There were no recognition/proclamations.

4.0 MANAGER’S REPORT

4.1 Hurricane Recovery

Manager Lovell reported the following information as an update to storm recovery:

A few days in advance of the storm an emergency team was identified. Key personnel which included police, fire, public works, sewer and water crews, were identified for the period of the storm.
The Reverse 911 Swiftreach system was tested and communication systems were set up for the Township website and Facebook page.
At 11 p.m. on October 29th, the Manager was contacted by the Police Chief and Bill Wagner advising that the resources should be pulled off the roads due to unsafe conditions with trees and power lines blowing down. Manager Lovell was also made aware of the death of the Everetts and the Police Department began the process of getting the daughter to the hospital and dealing with the associated issues of the tragedy.
The morning of October 30th staff began assembling at the Municipal Building at 7 am and began to determine the extent of the damage to the Township. Ninety two percent of Randolph was without power, over 10,000 outages in Randolph Township. Transmission lines to substations were down. There was no inventory of downed trees, but the Manager believes there were approximately 1,000. Three dozen homes were damaged by trees, some of them literally cut in half. One hundred roads were closed, all involving downed trees, but many also involved downed wires. When downed wires are involved, the utility companies have to be onsite before the tree can be removed.
Communications were down in the Township, all public buildings were down except the Public Works building. There was no power, no heat, and no telephone service at any of the public buildings including the schools. The Municipal Building was up with a partial generator.
The emergency management team met twice per day, early morning and afternoon. The Manager thanked Council members Jo Ann Veech, Jim Loveys, Deputy Mayor MacArthur, and Mayor Guadagno for attending nearly all of the meetings. In the first meeting priorities for recovery were established and assignments were undertaken.
Streets were reopened in concert with JCP&L. Many streets were also opened independent of JCP&L. Township staff cleared trees and moved debris on those streets where wires were not involved.
Regular communication with JCP&L was established and Councilman Obremski became the point person for communication.
Warming and charging centers were set up at the Ironia Firehouse, the Millbrook Firehouse, the Municipal Building, and the Public Works building. Residents were able to charge their electronic devices. Water for drinking as well as flushing toilets was available. Information was shared with residents as best as possible.
Once power was restored to the Library and Community Center, they were also used as warming and charging centers with WiFi available as well.
Updates from JCP&L were received regularly, as much as four times per day. Updates were made available to the public twice daily on the Township website and the Facebook page. The Manager reported that as of the meeting, 27 updates had been made. The Swiftreach911 system was used several times to provide updates to residents. Township staff has handled hundreds of phone calls from anxious and upset residents.
Manager Lovell described the extent of damage to the JCP&L system in the Randolph area to the best of his ability. Four substations were impacted, the Fernbrook substation, two Mendham substations, and a Greystone substation. The large transmission lines that feed those substations blew out during the storm which sent surges through the line. Hundreds of poles and a number of circuits were damaged. The Manager explained the process JCP&L was using to repair the substations and transmission lines. He reported that they were also replacing poles throughout Randolph.
On November 7th the outages were down from 10,000 to 1,300; however, on November 8th there were 2,100 due to the Nor’easter. The reason the numbers increased was due to many of the repairs being temporary to return power. With the Nor’easter there wind gusts and snow that brought down some of those temporary repairs.
Initially there was a problem with Verizon which has since resolved. Manager Lovell explained that Verizon and JCP&L were now working together.
The Township asked for the public’s assistance in obtaining information about Verizon poles that were damaged. The public was also asked to call the Board of Public Utilities. Those calls were effective and resulted in two meetings with Verizon staff as well as cooperation.
The Manager stated that he didn’t know exactly when power would be restored, but if he received that information he would communicate it with the residents. He reported that he had a list of work orders from JCP&L. When residents have called, staff determines if there is a work order for their address. Staff has also told residents to call JCP&L twice per day. A JCP&L worker may clear a work order if power has been restored to an area, but there may be some homes still without power and that’s the importance of calling, to be sure JCP&L is aware of the outage.
Manager Lovell reported that 11 JCP&L crews were currently working in the Township and 6 were working with Verizon. JCP&L identified 45,000 projects that were necessary to complete in order to return service to their areas. Crews have been brought in from all across the country to work on those projects and the numbers have decreased by 10%.
Bill Wagner from the Township has been coordinating with FEMA. The Manager reported that homeowners who have damaged property will be able to obtain FEMA funding. However, it would be beneficial for residents not to wait for FEMA, but to use their insurance to repair the damage and keep all their records so that when FEMA is up and running with an office in this area they can work with them.
Branch collection started in order to clear the streets in the event there’s a snow storm.
The gasoline crisis took up resources from the police department, officers were directing traffic and providing security at the few stations that were up and running.
Pre-treatment of the roads was done in advance of the Nor’easter and plowing and salting were done during the storm.
Manager Lovell expressed that all of the town resources have been involved in the recovery effort. Nothing is back to normal until every resident’s power is restored.

Several Council members commended the Township staff and volunteers for their efforts and long hours spent trying to help the residents. Councilwoman Veech also stated that some citizens and businesses helped out as well and should be commended.

5.0 APPROVAL OF MEETING MINUTES

There were no meeting minutes to approve.

6.0 COMBINED ACTION RESOLUTIONS

The following issues were discussed:

Regarding Item 6.5: Manager Lovell reported that the Township has been in prolonged litigation with Westminster dealing with the provision of the water to the subdivision. The water issue has been resolved and the Township is entering into a settlement agreement ending the litigation for the time being. Authorization will be given for the engineer to sign a BSDW permit which allocates water to Westminster and locks in the allocation for the DEP.

Attorney Buzak added that the allocation for the water is based upon the approved plans, not the conversion plans. The settlement does provide that if the conversion is approved, the water will be transferred to the converted project, but will not exceed the volume that is allocated to the existing project. Attorney Buzak also clarified that the project was approved for 116 units, not 118 as was erroneously written in a fax he received regarding plans that were submitted in 2002. He would like to get something from the developer to acknowledge that error.

Regarding Item 6.11: Deputy Mayor MacArthur noted that there was only a $50 difference between the top two bids and the bottom two bids and questioned if it was possible to also consider the timing of the installation and get more detail from the bidders.

Manager Lovell stated that if the Council approved the award of a contract, he would not sign a contract until that issue is discussed and he was satisfied with the outcome. He will report back to the Council after contacting both bidders and he also felt he may need to contact the Township’s attorney’s office. A special meeting can be held by telephone with short notice to the newspaper.

Regarding Item 6.12: Manager Lovell reported that close to $60,000 was saved by going back out to bid for the leaf loading and hauling contract.

Regarding Item 6.23: Manager Lovell reported that there is a snow trust fund which was depleted last year due to the cleanup of the October storm. Bill Wagner got 90% of the funds back from emergency management and they were placed in that trust fund. The Council will be authorizing the use of the snow trust fund for Sandy recovery. The Township will again qualify for FEMA money; however, it takes approximately 9 or 10 months to get the money.

(6.1) Councilwoman Mitsch made a motion to approve the Combined Action Resolutions. Councilman Loveys seconded the motion and the following role call was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

(6.2) Refund Outside Tax Sale Certificate for 11 Mountainside Dr.—Jonathan Katz—$18,890.00

R-313-12

WHEREAS, Outside Tax Sale Certificate #1844 held by Jonathan Katz, assessed to Ronald/Elvira De Simoni, Block 142, Lot 12, 11 Mountainside Dr.; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $11,890.91, and premium in the amount of $7,000.00.

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 $18,890.91 to Jonathan Katz holder of Tax Sale Certificate #1844.

(6.3) Cancel 2012 Delinquent Taxes, Water/Sewer Tax & Water/Sewer Overpayments of $10.00 and Under

R-314-12

WHEREAS, it is recommended by the Tax Collector that the 2012 delinquent taxes, water/sewer and tax, water/sewer overpayments of $10.00 and under be cancelled; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Tax Collector be instructed to cancel the 2012 delinquent taxes, water/sewer and 2012 tax, water/sewer overpayments of $10.00 and under.

(6.4) Refund Outside Tax Sale for 41 Lake Shore Dr. S to R. Rothman—$51,784.28

R-315-12

WHEREAS, Outside Tax Sale Certificate #1910 held by R. Rothman, assessed to Anita Raff, Block 160, Lot 50, 41 Lake Shore Dr. South; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $46,184.28, and premium in the amount of $5,600.00.

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 $51,784.28 to R. Rothman, LLC holder of Tax Sale Certificate #1910.

(6.5) Authorizing Approval of Settlement with Westminster

R-316-12

WHEREAS, as a result of a series of incidents and activities as set forth in the Preamble to the Settlement Agreement as defined below, Westminster Realty Corporation, Canfield Building Associates, LP and Randolph Realty Associates, L.L.C. (“Developers”) instituted litigation against the Township of Randolph (“Randolph” or “Township”), the Township of Mine Hill (“Mine Hill”) and the Morris County Municipal Utilities Authority (“MCMUA”) in an attempt to compel the development of sufficient water resources to meet the water demands of certain projects of the Developers in both Randolph and Mine Hill; and

WHEREAS, despite the fact that Randolph, Mine Hill and the MCMUA denied any legal obligation to the Developers, the parties attempted to resolve the issues in controversy in a manner acceptable to all parties; and

WHEREAS, as a result of those efforts, the parties have reached an agreement, the terms and conditions are set forth in a certain document entitled “Settlement Agreement of Litigation” by and among the Developers on the one hand, and Randolph, Mine Hill and MCMUA on the other, dated October 19, 2012 (“Settlement Agreement”), which sets forth the rights, duties and obligations of the parties; and

WHEREAS, Randolph desires to approve the terms and conditions of said Settlement Agreement and authorize its execution and implementation simultaneously with the approval thereof by all other parties.

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

1. All the terms and conditions of the above defined Settlement Agreement, by and the same are hereby approved, ratified and confirmed by Randolph.

2. The Settlement Agreement may be subjected to minor revisions or modifications that do not affect the rights, duties and obligations of the Township, provided that the same are approved by the Township Attorney.

3. The Mayor and Township Clerk are hereby authorized and directed to execute said Settlement Agreement upon the effective date of this Resolution and said officials, together with other officials, employees and professional employees of the Township be and the same are hereby authorized and directed to take all steps necessary to effectuate the terms and conditions of the Settlement Agreement.

4. This Resolution shall take effect simultaneously with the approval of the Settlement Agreement by all other parties to said Agreement.

(6.6) Authorizing Township Engineer to Sign BSDW Permit Application for Westminster

R-317-12

WHEREAS, the Township wishes to submit a BSDW permit application in connection with the Westminster Corporation ; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the Township Engineer be authorized to sign the BSDW permit application.

(6.7) Refund Road Opening Cash Bond—6 Woodlawn Terr.—Jade Bykowski—$500.00

R-318-12

WHEREAS, the Engineering Department has received a request from Jade Bykowski for the release of a $500.00 cash road opening bond posted for the purpose of installing horseshoe layout to driveway at 6 Woodlawn Terrace, Randolph;

WHEREAS, the Road Opening Bond consisted of a $500.00 cash bond, which was received and deposited with the Finance Department on October 11, 2012 and;

WHEREAS, the Applicant was required to post this cash bond to guarantee the reconstruction of a new retaining wall at 6 Woodlawn Terrace 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 Jade Bykowski, 6 Woodlawn Terrace, Randolph, NJ 07869.

(6.8) Refund Overpayment of Taxes to Plaza Ten East—$20,631.44

R-319-12

WHEREAS, Plaza Ten East, LLC has been granted a reduction in assessed valuation for the tax year 2011 by the Tax Court of New Jersey on Block 198, Lot 4, known as 81 Route 10; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2011 in the amount of $20,631.44.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $20,631.44 to Plaza Ten East.

(6.9) Rejecting Bids for the Purchase of New, Unused Asphalt Paver

R-320-12

WHEREAS, the Township of Randolph advertised for the Purchase of a New, Unused Asphalt Paver with 5.5-ton Hopper Capacity and received bids on October 12, 2012; and

WHEREAS, 1 bid was received; and

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

Jesco, Inc., S. Plainfield, NJ—$58,019.00; and

WHEREAS, Jesco, Inc. provided a deficient bid bond thus making it a mandatory reject.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the sole bid for the Purchase of a New, Unused Asphalt Paver with a 5.5-ton hopper capacity be rejected.

(6.10) Awarding Water Service Curb Boxes & Pressure Reducing Valve Contract to HD Supply Waterworks for $68.00 Per Curb and $19,898

R-321-12

WHEREAS, the Township of Randolph advertised for the Purchase of New, Unused Water Service Curb Boxes and Water Distribution System Pressure Reducing Valves—REBID bid and received bids on October 16, 2012; and

WHEREAS, 3 bids were received; and

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

HD Supply Waterworks, LTD, Edison, NJ
Curb Box Unit Price: $68.00 (bidding Pentek brand),
Pressure Reducing Valves and related components: $19,898; and

Capitol Supply Construction Products Inc, Denville, NJ
Curb Box Unit Price: $65.00 (bidding Pentek brand),
Pressure Reducing Valves and related components: $22,320.96

Kennedy Culvert & Supply, Totowa, NJ
Curb Box Unit Price: $68.00 (bidding Highline brand),
Pressure Reducing Valves and related components: $19,943.00; and

WHEREAS, the bid from Capitol Supply Construction Products Inc, of Denville, NJ must be rejected because the bid bond was not signed by the Principal thus making it a mandatory reject; and

WHEREAS, Kennedy Culvert & Supply of Totowa, NJ is bidding a Highline brand for the water service curb boxes for the same price as the specified Pentek brand being bid by HD Supply Waterworks, LTD of Edison, NJ; and

WHEREAS, the Engineering/Water & Sewer Administrator and Purchasing Agent recommend the award of the contract for all items to HD Supply Waterworks, LTD of Edison, NJ as the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will come from 05-201-47-901-304 (curb boxes) and 06-215-55-903-601 (pressure reducing valves and related components).

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 HD Supply Waterworks, LTD of Edison, NJ for the price of $68.00 per curb box and $19,898 per their bid proposal for the pressure reducing valves and related components.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 8, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the 2012 Budget Water and Sewer, Other Expense and Ordinance # 7-12 Various Capital Improvements - Pressure Reducing Valves/Large Meters, to award a contract to HD Supply Waterworks for the Purchase of New, Unused Water Service Curb Boxes and Water Distribution System Pressure Reducing Valves in the amount not to exceed $5,000. For the Curb Boxes and $19,898. for the Pressure Reducing Valves.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 05-201-47-901-304 = $5,000.
06-215-55-903-601 = $19,898.

(6.11) Awarding Library/Community Center Generator Contract

R-322-12

WHEREAS, the Township of Randolph advertised for the Library/Community Center Generator project and received bids on October 19, 2012; and

WHEREAS, 6 bids were received; and

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

Envirocon, Hackettstown, NJ—174,717;
Beaver Electric Co. Inc., Roseland, NJ—158,250;
A.L.M. Electric Co. Inc., Boonton, NJ—149,350;
Power with Prestige, Inc., Newton, NJ—184,400;
EMSA Energy LLC, Parlin, NJ—149,300;
Electrical Applications, Inc., Roselle Park, NJ—201,632; and

WHEREAS, the Township Engineer and Purchasing Agent recommend the award of the contract to the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will come from Ordinance #2-10, 04-215-55-927-300; and

WHEREAS, the Township of Randolph desires to award a contract for the Library/Community Center Generator project to EMSA Energy LLC, of Parlin, NJ as the lowest responsive, responsible bidder.

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 EMSA Energy LLC, of Parlin, NJ for the price of $149,300 per their bid proposal.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 8, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in Ordinance # 2-10, Renovation - Community Center/Library/VFW, to award a contract to EMSA Energy LLC for the Library/Community Center Generator in the amount not to exceed $149,300.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 04-215-55-927-300

(6.12) Awarding Leaf Loading and Hauling Contract to Ag Choice—not to exceed $80,000

R-323-12

WHEREAS, the Township of Randolph advertised for the 2012 Leaf Loading, Hauling & Proper Recycling—REBID bid and received bids on October 23, 2012; and

WHEREAS, 4 bids were received; and

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

Ag Choice, LLC, Andover, NJ—$6.85 per cubic yard;
S. Rotondi & Sons, Inc, Summit, NJ—$9.50 per cubic yard;
Warren County Trucking, LLC, Flanders, NJ—$6.90 per cubic yard;
Reliable Wood Products, LLC, Jersey City, NJ—$8.50 per cubic yard; and

WHEREAS, the Public Works Director and Purchasing Agent recommend the award of the contract to the lowest responsive, responsible bidder; and

WHEREAS, the funds for this project will come from 01-201-26-300-302; and

WHEREAS, the Township of Randolph desires to award a contract for the 2012 Leaf Loading, Hauling & Proper Recycling—REBID bid to Ag Choice, LLC of Andover, NJ as the lowest responsive, responsible bidder.

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 Ag Choice, LLC of Andover, NJ for the price of $6.85 per cubic yard per their bid proposal for a not to exceed price of $80,000.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 8, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the 2012 Budget, Recycling, Other Expense, to award a contract to AG Choice, LLC for the 2012 Leaf Loading, Hauling and Proper Recycling in the amount not to exceed $80,000.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-26-300-302

(6.13) Awarding Aspen Ice for Lease of Ice Time Contract

R-324-12

WHEREAS, the Township of Randolph (“Township”) wishes to lease ice time from Aspen Ice Inc. for the Hockey League; and

WHEREAS, the Township Recreation Department has solicited quotes from two different ice rinks; and

WHEREAS, the two ice rinks have provided quotes and both will be providing ice time to the hockey league; and

WHEREAS, the ice time for Aspen Ice Inc. is anticipated to exceed $17,500; and

WHEREAS, the quotes were not solicited through receipt of sealed quotes, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Aspen Ice Inc. has submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Aspen Ice Inc. has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for the lease of this ice time.

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

1. The Township hereby authorizes execution of an agreement with Aspen Ice Inc. of Randolph, NJ for the lease of ice time for the not to exceed price of $24,805. This Resolution shall take effect November 8, 2012.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 8, 2012

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any Other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are availability in the 2012 Budget, Recreation, Other Expense, to award a contract to Aspin Ice, Inc. for the Lease of Ice Time for the Hockey League in the amount not to exceed $24,805.

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 01-201-28-370-306

(6.14) Refund Tax Overpayment for 38 Heritage Ct.—Melvin/Penny Oppenheimer—$883.34

R-325-12

WHEREAS, Melvin/Penny Oppenheimer has been granted a reduction in assessed valuation for the tax years 2009, 2010 & 2011 by the Tax Court of New Jersey on Block 93.01, Lot 13, known as 38 Heritage Court; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2009 in the amount of $820.78 2010 in the amount of $851.14 and 2011 in the amount of $883.34.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $2,555.26 to Melvin/Penny Oppenheimer.

(6.15) Refund Tax Overpayment for 18 Rustic Ridge Road to Nirmal Kundu—$7,430.33

R-326-12

WHEREAS, Nirmal Kundu has been granted a reduction in assessed valuation for the tax years 2010, 2011, & 2012 by the Tax Court of New Jersey on Block 199, Lot 1.18, known as 18 Rustic Ridge Rd.; and

WHEREAS, an overpayment exists as a result of the reduction for the year 2010 in the amount of $2,398.66, 2011 in the amount of $2,489.42 and 2012 in the amount of $2,542.25.

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the overpayment of $7,430.33 to Nirmal Kundu.

(6.16) Refund Tax Sale Certificate to US Bank for Pro Capital—$1,761.67

R-327-12

WHEREAS, Outside Tax Sale Certificate #1845 held by US Bank for Pro Capital, assessed to Stephen/Pamela Harris, Block 56, Lot 47, 46 Dogwood Trail; and

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector, including principal and interest in the amount of $1,761.67.

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 $1,761.67 to US Bank for Pro Capital, holder of Tax Sale Certificate #1945.

(6.17) Rejecting All Bids for Randolph Lake Dock Replacement Project

R-328-12

WHEREAS, the Township of Randolph advertised for the Randolph Lake Dock Replacement Project and received bids on October 26, 2012; and

WHEREAS, 2 bids were received; and

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

Ferraro Construction Corp, Franklin, NJ
Base Bid: $276,400,
Alternate Bid 1: $76,300,
Alternate Bid 2: $16,180,
Alternate Bid 3: $4,200;

Adamsville Maintenance, Inc., Bound Brook, NJ
Base Bid: $288,000,
Alternate Bid 1: $48,000,
Alternate Bid 2: $25,600,
Alternate Bid 3: $6,600; and

WHEREAS, all bids exceed the amount allocated per Ordinance #7-12.

NOW, THEREFORE BE IT RESOLVED, by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that all bids for the Randolph Lake Dock Replacement Project be rejected.

(6.18) Release Escrow for Block 73, Lot 56 to 6 Emery Avenue, LLC—$1,582.50

R-329-12

WHEREAS, the Planning and Zoning Department received escrow funds from 6 Emery Avenue, LLC, 38 Pine Terrace, Demarest, NJ 07627, Block 73 Lot 56, and in the amount of $3,000.00; 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 $1,582.50 be refunded to 6 Emery Avenue, LLC, 38 Pine Terrace, Demarest, NJ 07627.

_________________________
Darren Carney, Planning & Zoning Administrator
Date:

(6.19) Release Police Detail Escrow for Various Establishments

R-330-12

WHEREAS, the Finance Department received escrow funds for Police Detail.

WHEREAS, the Detail work has been completed.

THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, Morris County, New Jersey that it is recommended by the Finance Department that the escrow funds for the following amounts be refunded:

Key Tech Laboratories $142.00
NJ Natural Gas $71.00

(6.20) Authorizing 2012 Budget Amendment—Drunk Driving Enforcement—$5,294.80

R-331-12

WHEREAS, N.J.S.A.40:4-87 provides that the Director of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such items shall have been made available and the amount thereof was not determined at the time of adoption of the 2012 Budget.

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Randolph, 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 2012 in the sum of $5,294.80 which item is now available as revenue from:

Miscellaneous Revenue
Special Items of General Revenue Anticipated with prior written consent of Director of Local Government Services—Public and Private Revenue Off-Set with Appropriation: State of New Jersey—Drunk Driving Enforcement Fund

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $5,294.80 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Drunk Driving Enforcement Fund

(6.21) Authorizing 2012 Budget Amendment—Recycling Tonnage Grant—$39,691.32

R-332-12

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

SECTION 1

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Randolph, 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 2012 in the sum of $39,691.32 which item is now available as revenue from:

SECTION II

BE IT FURTHER RESOLVED, that a like sum of $39,691.32 and the same is hereby appropriated under the caption:

General Appropriation
Operations Excluded from “CAPS”
Public & Private Programs Offset by Revenues: State of New Jersey—Recycling Tonnage Grant

(6.22) Authorizing Award to Northeast Water Technology for Leak Detection Survey—$19,900

R-333-12

WHEREAS, the Township of Randolph (“Township”) needs to acquire the services of a company to perform a leak detection survey of its water distribution system; and

WHEREAS, the Purchasing Agent has solicited three quotes from three different vendors for this work; and

WHEREAS, only two of the three vendors provided a quote for this service as listed below:

Northeast Water Technology—$19,900,
A.L.M. Leak Detection and Underwater Services—$28,400; and

WHEREAS, the Engineering/Water & Sewer Administrator and Purchasing Agent recommend the award to Northeast Water Technology; and

WHEREAS, the quotes were not solicited through receipt of sealed quotes, therefore the requirements of N.J.S.A. 19:44A-20.5 (Anti Pay-to-Play Legislation) apply; and

WHEREAS, in accordance with the Anti Pay-to-Play Legislation, Northeast Water Technology submitted to the Township the Political Contribution Disclosure Form, Stockholder Disclosure Certification and Business Entity Disclosure Certification as required; and

WHEREAS, Northeast Water Technology has also submitted to the Township a New Jersey Business Registration Certificate, as required; and

WHEREAS, there are funds available for this service.

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

1. The Township hereby awards a contract to Northeast Water Technology of New Windsor, NY to perform a leak detection survey of its water distribution system for the price of $19,900.

2. This Resolution shall take effect November 8, 2012.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: November 8, 2012

_________________________
Michael J. Soccio
Chief Financial Officer
Budget Account: 05-201-26-290-311

(6.23) Authorizing Use of Snow Removal Funds for Sandy Recovery

R-334-12

WHEREAS, Governor Chris Christie has signed Executive Order No. 111 allowing local government units that have established a snow removal fund to utilize existing reserves as necessary in response to damages caused by Hurricane Sandy; and

WHEREAS, the Township of Randolph has established a snow removal reserve in accordance with N.J.S.A. 40A:4-62.1; and

WHEREAS, Executive Order No. 111 provides that a local government unit that has established a snow removal fund pursuant to N.J.S.A. 40A:4-62.1, may, by resolution, utilize existing reserves as necessary to protect the safety, security, health, and welfare, of its citizens from the damage caused by Hurricane Sandy: and

WHEREAS, any reimbursement of these expenditures shall be deposited back into the trust fund.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that the Township of Randolph utilize the snow removal fund established in the trust account.

(6.24) Authorizing MCCPC—Award & Rejection—Rebid of Vehicle Contract 15A

R-335-12

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

WHEREAS, bids were advertised and received on October 11, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the lowest responsive and responsible bidders for the items listed in Contract #15-A (Police Pursuit Vehicles) are as follows:

Items 1A and 1B: Beyer Ford
Items 2A and 2B: Beyer Ford
Item 3: Beyer Ford
Items 4A and 4B: Carman Dodge (the low bidder noted exceptions to the bid specifications and therefore is non-responsive)

WHEREAS, the two bidders for Item 5 took exception to the bid specifications and they are therefore rejected as being non-responsive; and

WHEREAS, the Township on behalf of the MCCPC desires to award the various items of Contract #15-A (Police Pursuit Vehicles) as shown above and which are set forth in the attached Notification of Award.

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 Items 1 through 4 of Contract #15-A (Police Pursuit Vehicles) as shown above.

BE IT FURTHER 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 bids submitted for Item 5 of Contract #15-A (Police Pursuit Vehicles).

(6.25) Authorizing MCCPC—Award of Vehicle Contract 15B

R-336-12

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

WHEREAS, bids were advertised and received on October 11, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the MCCPC offers the following recommendations for awarding the items contained in Contract #15-B (Administrative Passenger Vehicles):

Item 1: Beyer CDJR

Item 2: Route 23 Automall
(Foulke Management was the low bidder and Beyer Ford was the next low bidder, however both noted exceptions to the bid specifications and therefore are non-responsive)

Item 3: Route 23 Automall
(Beyer CDJR was the low bidder and Foulke Management was the next low bidder, however both noted exceptions to the bid specifications and therefore are non-responsive)

Item 4: Route 23 Automall
(Beyer CDJR was the low bidder, however they noted exceptions to the bid specifications and therefore are non-responsive)

Item 5: Route 23 Automall
(Beyer Ford was the low bidder, however they noted exceptions to the bid specifications and therefore are non-responsive)

WHEREAS, the Township on behalf of the MCCPC desires to award the various items of Contract #15-B (Administrative Passenger Vehicles) as shown above and which are set forth in the attached Notification of Award.

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 Items 1 through 5 of Contract #15-B (Administrative Passenger Vehicles) as shown above.

(6.26) Authorizing MCCPC—Award of Vehicle Contract 15C

R-337-12

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

WHEREAS, bids were advertised and received on October 11, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the MCCPC offers the following recommendations for awarding the items contained in Contract #15-C (Utility Vehicles):

Item 1: Route 23 Automall

Item 1A: Route 23 Automall
(Beyer Ford was the low bidder, however they noted exceptions to the bid specifications and therefore is rejected as being non-responsive)

Item 2: Route 23 Automall
(Winner Ford was the low bidder and Beyer Ford was the next low bidder, however both noted exceptions to the bid specifications and therefore are rejected as being non-responsive)

Item 2-A: Route 23 Automall
(Beyer Ford was the low bidder and Winner Ford was the next low bidder, however both noted exceptions to the bid specifications and therefore are rejected as being non-responsive)

Item 3: Winner Ford

Item 4: Beyer Ford

Item 5: Route 23 Automall

Item 5A: Performance Ford
(Route 23 Automall was the low bidder, however they bid a foreign-made vehicle and the General Conditions and Instructions to Bidders note that domestic items will be awarded provided the difference in price between the foreign item and the domestic item is reasonable)

Item 6: Beyer Ford

Item 6A: Route 23 Automall

Item 6B: Beyer Ford

Item 6C: Beyer Ford

Item 6D: Beyer Ford

Item 6E: Beyer Ford
(Foulke Management was the low bidder however they took exceptions to the bid specifications and therefore are rejected as being non-responsive)

Item 7: Beyer Ford

Item 8: Beyer Ford

Item 9: Winner Ford
(Beyer Ford was the low bidder however they took exceptions to the bid specifications and therefore are rejected as being non-responsive)

Item 9A: Winner Ford
(Beyer Ford was the low bidder however they took exceptions to the bid specifications and therefore are rejected as being non-responsive)

Item 10: Beyer Ford

Item 10A: Beyer Ford

Item 11: Beyer Ford

Item 11A: Beyer Ford

Item 12: Route 23 Automall
(Beyer Ford was the low bidder, however they bid a 2012 model vehicle and the bid specifications required a 2013 model vehicle and is therefore rejected as being non-responsive)

Item 13: Route 23 Automall

Item 14: Brown Hunterdon International
(Mid-Atlantic was the low bidder but was rejected due to a non-curable defect. Hoover & Sons was second low bidder but additional charges would have been added during the term of the contract and was rejected as being non-responsive)

Item 15: Beyer Ford
(Route 23 Automall was the low bidder, however they did not bid an equivalent item required in the bid specifications and therefore is rejected as being non-responsive)

WHEREAS, the Township on behalf of the MCCPC desires to award the various items of Contract #15-C (Utility Vehicles) as shown above and which are set forth in the attached Notification of Award.

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 Items 1 through 15 of Contract #15-C (Utility Vehicles) as shown above.

(6.27) Authorizing Award of Vehicle Contract 15D

R-338-12

WHEREAS, the Township of Randolph (“Township”) on behalf of the Morris County Cooperative Pricing Council (“MCCPC”) sought bids for Vehicle Contract #15-D (Dump Bodies); and

WHEREAS, bids were advertised and received on October 11, 2012, on behalf of the MCCPC in accordance with Local Public Contracts Law; and

WHEREAS, the lowest responsive and responsible bidders for the items listed in Contract #15-D (Dump Bodies) are as follows:

Item 1:
A - Cliffside Body
B - Cliffside Body
C - Dejana Truck
D - Cliffside Body
E - Cliffside Body

Item 2: Tony Sanchez, Ltd.
Item 3: Tony Sanchez, Ltd.
Item 4: Tony Sanchez, Ltd.
Item 5: Tony Sanchez, Ltd.

WHEREAS, the Township on behalf of the MCCPC desires to award the various items of Contract #15-D (Dump Bodies) as shown above and which are set forth in the attached Notification of Award.

7.0 ORDINANCES: SECOND READING/PUBLIC HEARING—None

8.0 ORDINANCES: INTRODUCTIONS—None

9.0 DISCUSSION ITEMS—None

10. OPEN TO THE PUBLIC

Resident Allen Crossen of 4 Alan Way thanked everyone for working hard following the storm and the Police Department for also being active out in the community. He reported that, according to JCP&L, there are about 130 homes in his section of Ironia that have had no power for 10 days. He has called JCP&L twice a day, he has called Senator Bucco’s office four times, he has called Congressman Frelinghuysen once, and he called the Town Manager once. Mr. Crossen expressed his frustration at the amount of time it’s taking to restore power and asked for the Council and Town Manager’s help with gaining information from JCP&L if possible.

Resident Dan Antonucci of 11 Deepdale Road stated that there was work being done on the house next door to his, but since there were two poles damaged, they weren’t going any further down the street. Mr. Antonucci had reported 3 or 4 poll numbers that were damaged. He expressed his frustration about power restoration and the lack of real communication from JCP&L. He stated that he was impressed with what the Township has done compared to other towns.

Resident Elizabeth Mickel of 105 Millbrook Avenue stated that most people around her have power with the exception of a small number of homes including hers. She was told that there were 68 homes on her circuit. She also reported that there were power lines sloping over her driveway which she has reported to JCP&L. She stated her frustration with JCP&L and the supervisors with which she spoke. Ms. Mickel felt JCP&L had no accountability and was hoping someone could hold them more accountable. Besides her frustration about the lack of power and the lack of accountability from JCP&L, she stated her other issue is with the trees. Ms. Mickel felt that some preventative maintenance should be done by JCP&L to prune and trim the trees since many near her have branches and vines intertwined with the power lines.

Resident Al Vesher of Cedar Ridge Lane was complementary to the Township staff for being respectful and offering whatever information was available while he was in the Municipal Building after the storm. He stated that he felt the responsiveness from JCP&L when he called started out well, but then deteriorated. Mr. Vesher expressed his frustration with JCP&L and the lack of information. He also expressed his astonishment to the fact that children were walking to Shongum School underneath power lines that were partially down on the path. He felt that this storm could be a learning experience and the residents could benefit from learning more about what’s beneficial to know about the poles and the process and be able to provide more help during future storms.

Resident Judith Stewart of 114 Everdale Road stated that she did not have phone service since there was no power, and she felt very isolated and got no information. But once power was restored, she was more informed. She commended the Police Department and Public Works Department and stated that they do more than the minimum.

Resident Marybeth Duran of 342 Quaker Church Road suggested that in the future there be a representative from the Township or from the community to interface with the head of JCP&L in order to get very specific information as well as preventative type of things.

Manager Lovell responded that the Township has been coordinating several times a day with resident and Council member Mike Obremski who works for JCP&L. He has been providing as much information as possible. However, the Manager felt that the problem is bigger than one representative, and that is an issue of JCP&L putting the resources to get good information back. Manager Lovell responded regarding preventative aspects and stated that Township employees have gone out and reported on trees that need maintenance. The Township has developed a list of those trees and JCP&L has been responsive; however, many of the trees that came down in the storm were healthy trees.

Councilwoman Mitsch discussed the fact that JCP&L is part of a much larger company, First Energy. She felt that it would take large numbers of consumers escalating their frustration up through the chains at First Energy, and the most effective way would be to have consumers coordinate the effort.

Deputy Mayor MacArthur added that residents could call the New Jersey Board of Public Utilities which supervises all of the utilities that have been discussed. He suggested when calling to be as specific as possible.

Resident Julian DeFalco of 17 Foxwood Lane expressed his frustration over still being without power when most around him have gotten power restored. Manager Lovell stressed that it is imperative to call JCP&L again and make sure that his home is still listed as an outage. Mrs. DeFalco also expressed her frustration with JCP&L and the lack of accurate information.

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

11. COUNCIL COMMENTS

There was some discussion about the utility companies pointing fingers at each other. Manager Lovell felt that issue had been resolved after the hundreds of calls from residents to the Board of Public Utilities which he felt resulted in coordination between Verizon and JCP&L.

Deputy Mayor MacArthur stated that the lengthy report from Manager Lovell at the beginning of the meeting was to inform the public of the recovery efforts and to assure them that the Township staff and the Town Council are doing everything possible and that each complaint is noted and brought to the attention of JCP&L.

12. EXECUTIVE SESSION

There was no session

13. ADJOURNMENT

Councilwoman Veech made a motion for adjournment at 6:40 p.m. Councilwoman Mitsch seconded the motion, and the following roll call vote was taken:

AYES:
Councilman Loveys
Councilwoman Mitsch
Councilman Napoliello
Councilwoman Veech
Deputy Mayor MacArthur
Mayor Guadagno

NAYS: None

ABSENT: Councilman Obremski

___________________________
Donna Marie Luciani
Township Clerk